Combating violations in the performance of official duties.

List of incidents

Most recently, on August 13, 2021, the Investigation Police Department of Nghe An Province issued a decision to initiate a criminal case and prosecute four defendants in Hop Thanh commune, Yen Thanh district, for the crime of "Abusing position and power while performing official duties" as stipulated in Clause 2, Article 356 of the Penal Code.

The four defendants are Nguyen Cong Bang, Truong Van Chung, Nguyen Thi Thuong, and Nguyen Van Mao. (Photo courtesy of Binh Minh and Trong Tuan)

The defendants include: Nguyen Van Mao (born 1963), former Chairman of Hop Thanh Commune People's Committee; Truong Van Chung (born 1973), former Chief Accountant of Hop Thanh Commune People's Committee; Nguyen Cong Bang (born 1986), former civil servant in land administration, construction, agriculture, and environment; and Nguyen Thi Thuong (born 1977), former civil servant in Justice and Treasurer of Hop Thanh Commune People's Committee. Simultaneously, the Police Investigation Agency issued search warrants for the residences and workplaces; ordered the temporary detention of defendants Nguyen Van Mao and Truong Van Chung for a period of 4 months; and issued travel restrictions against defendants Nguyen Thi Thuong and Nguyen Cong Bang.

The police conducted an inventory of related assets and served the decisions to initiate criminal proceedings, indicting four defendants in Hop Thanh commune, Yen Thanh district, for the crime of "Abusing official position and authority while performing official duties". (Photo: Binh Minh-Trong Tuan)

According to investigation documents: Between 2016 and 2018, Mr. Nguyen Van Mao, then Chairman of the People's Committee of Hop Thanh commune, instructed his subordinates to illegally disburse budget funds, amounting to hundreds of millions of VND each year. To legitimize these illegal expenditures and conceal the wrongdoing, at the end of 2018, Mr. Mao instructed his subordinates, including Mr. Chung, Mr. Bang, and Ms. Thuong, to create fictitious documents for supporting the construction of the Cultural House in Chua hamlet, Hop Thanh commune, causing a loss of 300 million VND to the state budget. In reality, the Cultural House in Chua hamlet, Hop Thanh commune, had already been supported by the People's Committee of the commune in 2017 with a budget of 350 million VND. Currently, the Police Investigation Agency is actively expanding the investigation and consolidating evidence to handle the case according to the law.

The crime of abusing one's position and authority while performing official duties is the act of intentionally and directly using one's position and authority to act contrary to official duties, causing damage to the interests of the State and the legitimate rights and interests of citizens, committed by persons holding positions of authority for personal gain or other personal motives. Previously, in the province, a number of officials, civil servants, and Party members have been prosecuted, investigated, and indicted for abusing their positions and authority while performing official duties, such as the group of officials involved in violations in the implementation of the socio-economic development project for the O Du ethnic group.

For example, there was the case of abusing official positions and authority to create fraudulent documents to provide support to people whose crops and aquaculture areas were damaged by natural disasters, causing losses of over 720 million VND between 2014 and 2018, leading to the prosecution of two former leaders of Nghi Tien commune, Nghi Loc district, and a land administration official. Then there were the irregularities that occurred at the Yen Thanh Protective Forest Management Board, the Quy Hop Protective Forest Management Board, etc., causing hundreds of millions of VND in losses to the State.

The suspects were former officials of Nghi Tien commune, Nghi Loc district. (Photo: Vuong Linh)

Furthermore, acts of exceeding authority, abuse of power, and misconduct in the performance of assigned duties have also left many painful lessons. Typical examples include cases involving the illegal sale of land, which led to the imprisonment of several former commune and village officials in localities such as Phuc Thanh commune (Yen Thanh district), Nghia Dong and Nghia Thai communes (Tan Ky district), and Hung Yen Nam commune (Hung Nguyen district)...

These incidents serve as a warning about violations of public service ethics, manifestations of "self-evolution" and "self-transformation" in the performance of assigned duties and responsibilities by officials and Party members. These incidents not only cause economic losses and damage the reputation of the Party organization and the state apparatus at all levels, but also create negative public opinion.

According to Article 356 of the 2015 Penal Code, the crime of abusing one's position and authority while performing official duties is defined as the act of a person holding a position or authority who, for personal gain or other personal motives, acts contrary to official duties, causing property damage of VND 10,000,000 or more, or causing other damage to the interests of the State, or the legitimate rights and interests of organizations and individuals. Furthermore, according to Article 357 of the 2015 Penal Code, the crime of abuse of power while performing official duties is defined as the act of a person holding a position or authority who, for personal gain or other personal motives, exceeds their authority and acts contrary to official duties, causing property damage of VND 10,000,000 or more, or causing other damage to the interests of the State, or the legitimate rights and interests of organizations and individuals.

Enhancing public service ethics and leveraging the people's "eyes and ears" (reporting, communication, and awareness).

The main reasons leading to the abuse of power and authority in the performance of official duties are the limited awareness, capacity, and moral character of a segment of officials, civil servants, and Party members. The work of educating on public service ethics and handling violations of public service ethics has not been truly effective; the exemplary role of leaders and managers at all levels has not been fully utilized; the promulgation of state policies and laws is slow, and their implementation lacks decisiveness, resulting in low effectiveness…

Authorities read the arrest warrant for Mr. Kim Van Bon - former officer of the Policy Department (Provincial Ethnic Affairs Committee). (Photo: Trong Tuan)

Resolution No. 4 of the Central Committee (12th Congress) clearly states: "Abusing and misusing positions and powers" is one of the very serious manifestations of ideological, political, moral, and lifestyle degradation among a segment of cadres and Party members holding positions of power within the political system. Therefore, combating and preventing this issue is of great importance in building and rectifying the Party, building an honest and upright state government, and purifying the ranks of cadres and Party members today.

To achieve this, first and foremost, it is necessary to enhance the sense of responsibility of cadres and Party members in the fight against the abuse of power and authority for personal gain. In the annual evaluation of cadres and Party members, in addition to adhering to Party regulations and the Law on Public Officials and Employees, the study and emulation of Ho Chi Minh's ideology, ethics, and style, especially regarding exemplary conduct, professional ethics, and the performance of official duties, should be used as a basis.

Handling administrative procedures at the Nghe An Provincial Public Administrative Service Center. (Illustrative photo)

To concretize Regulation No. 08-QĐ/TW of the Central Committee, on July 8, 2019, the Standing Committee of the Provincial Party Committee issued Regulation No. 2993-QĐ/TU on the responsibility of setting an example for cadres and Party members, first and foremost the members of the Standing Committee of the Provincial Party Committee, members of the Provincial Party Committee, and key leading cadres at all levels of the province.

The Provincial Party Committee and the Provincial People's Committee also directed relevant agencies to strengthen inspection, supervision, and enforcement of Party discipline; and to enhance and improve the effectiveness of inspection, examination, and supervision of the performance of duties, responsibilities, and powers of cadres and Party members. This is done through various activities such as public service inspections, specialized inspections, thematic inspections, internal self-inspections, administrative reforms, etc.

Leveraging the "eyes and ears" of the people, the role of the press is also an important solution in the fight against the abuse of power and authority in the performance of official duties for personal gain. In fact, recent times have shown that many cases of abuse of power and authority have been uncovered by the public, the press, and public opinion.

For example, the fraudulent creation of documents for supporting the construction of a village cultural center by some former officials of Hop Thanh commune (Yen Thanh district), or the irregularities in compensation for land clearance and resettlement for the Chi Khe Hydropower Project by some former officials of village 2/9, Chau Khe commune (Con Cuong district)... all prompted investigations by relevant authorities stemming from denunciations and complaints of wrongdoing by citizens.

The Investigation Police Department of Nghe An province served the decisions to initiate criminal proceedings and indict Le Anh Duc, a former employee of Chi Khe Hydropower Joint Stock Company, for the act of "Abusing position and authority while performing official duties". (Photo: Duc Vu)

Furthermore, the goal of building a constructive, honest, effective, and efficient government also requires each official and civil servant to uphold a high level of self-awareness in practicing public service ethics;Determine your duty and responsibility to serve the Fatherland and the People, and wholeheartedly and diligently fulfill the tasks assigned to you.