'Rescue flight' case: 4 defendants sentenced to life in prison

After three weeks of trial and deliberation, on the afternoon of July 28, the Hanoi People's Court of First Instance, chaired by Judge Vu Quang Huy, issued a verdict against 54 defendants in the "rescue flight" case, prosecuted for the crimes of "Giving bribes", "Receiving bribes", "Brokering bribes", "Abusing positions and powers while performing official duties" and "Fraudulent appropriation of property" occurring at the Ministry of Foreign Affairs and several provinces and cities.

However, before the Trial Council began its work, defendant Chu Xuan Dung (former Vice Chairman of the Hanoi People's Committee) raised his hand to speak, but the presiding judge did not agree, stating that the Trial Council had already deliberated, and the defendants had already had their final say before the verdict was announced. Today is the verdict announcement, and if defendant Chu Xuan Dung has any comments, he should send a written document to the prosecution agencies for consideration.

Before announcing the verdict, the Trial Council announced the list of witnesses and people with related rights and obligations to be summoned to the trial. Among those named, Deputy Minister of Health Do Xuan Tuyen was absent.

After summarizing the proceedings in court, the Trial Panel determined that there were no complaints about the procedural decisions in the case, all were in accordance with regulations. Regarding the content, in the case, 25 defendants were determined to have received bribes of nearly 167 billion VND; abused their positions and powers to cause losses of over 10 billion VND. In addition, 23 individuals representing enterprises gave bribes totaling over 226 billion VND; 4 individuals brokered bribes totaling over 74 billion VND and defrauded and appropriated property of 24.5 billion VND.

According to the Trial Council, some defendants said that they did not demand or harass businesses when carrying out procedures to license “rescue flights”, they only received money as a thank you, not bribes. Article 354 of the Penal Code and the 2018 Law on Anti-Corruption stipulates that one cannot accept gifts related to the work one handles, or within the scope of one’s unit.

When it came time to issue flight permits, many businesses faced difficulties, were rejected, or did not respond. Some businesses received approval a day in advance, resulting in losses. Therefore, many businesses contacted the defendants to ask for help, asking for more “rescue flights”, more passengers, and early approval.

Since then, defendant Pham Trung Kien (former Secretary of the Deputy Minister of Health Do Xuan Tuyen) and several other defendants have harassed representatives of businesses; other defendants did not ask for fees but promised to support familiar businesses and then received money as thanks. This amount was based on the number of flights, number of passengers, balancing the interests of the businesses, sometimes up to billions of VND. The receipt of money happened many times with the amount exceeding hundreds of times the normal income.

During the trial, the defendants of the enterprise stated that if they did not give money, they would not be given favorable conditions; the money was to share benefits and hope to continue to be granted flight licenses. The trial panel affirmed that the defendants' receiving of money as a "thank you" was in fact "accepting bribes", so this act constituted a crime.

There are two ways to accept bribes: bargaining, forcing businesses to pay money, or making things difficult by being ambiguous and not fulfilling their responsibilities, forcing businesses to pay money to get flight permits. Some defendants colluded and shared bribe money, so they need to be severely punished.

The group of defendants who received bribes all held positions of authority, but took advantage of the COVID-19 pandemic and their work positions to harass and create a mechanism to force businesses to pay bribes.

Regarding the group of defendants who committed the crime of bribery, the Trial Panel determined that they gave money to many defendants with positions and powers in the hope of being facilitated. Some businesses gave money many times, in particularly large amounts, and then they were given preferential treatment to organize more flights in the desired markets.

“Giving money to defendants in positions of power to benefit their businesses is considered bribery. The defense’s argument that this is a thank-you payment according to Vietnamese culture is unacceptable,” the presiding judge stated.

Regarding the group of defendants who committed the crime of bribery brokerage, including defendant Nguyen Anh Tuan (former Deputy Director of Hanoi City Police), the Trial Panel determined that they took advantage of their familiarity with individuals in authority to help a number of businesses and individuals pay money to obtain flight permits, or use money to "fix the case". Defendant Nguyen Anh Tuan was also determined to have brokered a particularly large bribe (2.8 million USD), so a strict penalty should be applied for general deterrence, education and prevention.

Regarding the group of defendants who are former officials and Ambassadors at several Embassies, including defendant Tran Viet Thai (former Ambassador to Malaysia), the Trial Council determined that they were people with positions, powers, and responsibilities in performing public duties, but while performing their duties, they took advantage of and collected money from people who had completed their prison terms beyond the prescribed limit. Therefore, they committed the crime of abusing their positions and powers while performing public duties.

Regarding defendant Hoang Van Hung (former Head of the Security Investigation Agency), the Trial Panel determined that defendant Hung was a senior investigator assigned to investigate the "rescue flight" case, but the defendant had met defendant Nguyen Thi Thanh Hang (former Deputy General Director of Blue Sky Company) many times at the house of defendant Nguyen Anh Tuan (former Deputy Director of Hanoi City Police).

At the meetings, defendant Hung instructed defendant Hang and through Hang instructed defendant Le Hong Son (General Director of Blue Sky Company) to testify. Therefore, defendant Hang and defendant Son paid money to ask defendant Tuan to give to defendant Hung to "fix the case".

During the investigation and at the trial, defendant Tuan stated that he had transferred the 2.2 million USD he received from Hang so that Hung could take care of Hang and Son so that they would not be criminally prosecuted. Although defendant Hung denied receiving any money from defendant Tuan, defendant Hung confirmed that he had met defendant Hang many times and had received a briefcase from defendant Tuan at the agency headquarters.

Although defendant Hung denied receiving money, the Trial Panel assessed that defendant Hung's testimony was inconsistent and dishonest, so there was no basis for acceptance. Defendant Hung took advantage of his position as Head of the Security Investigation Agency to provide some information to defendant Tuan and defendant Hang. Afterwards, defendant Hung also asked defendant Hang to pay money to the Procuracy, the professional department... to "run the case". Through defendant Tuan, defendant Hung received money from defendant Hang, so he committed the crime of fraud and appropriation of property (the amount of 800,000 USD). Therefore, defendant Hung's claim of innocence is not acceptable.

In the case, defendant Pham Trung Kien (former Secretary of the Deputy Minister of Health Do Xuan Tuyen) received bribes 253 times, totaling more than 42.6 billion VND. The Trial Panel found that the death penalty proposed by the representative of the Procuracy for defendant Kien was appropriate.

However, during the trial, defendant Kien changed his testimony, confessed honestly, repented, and influenced his family to compensate for the consequences of a total of more than 42 billion VND. In addition, the defendant's biological father and father-in-law are war invalids... so the Trial Panel found it unnecessary to permanently remove defendant Kien from society, but only needed to apply a prison sentence to encourage criminals to turn themselves in.

The trial panel affirmed that this was an especially serious case, the defendants' actions were dangerous to social life, caused public discontent, and created bad public opinion, so it was necessary to apply strict punishment to the defendants to ensure education and general crime prevention.

After analyzing and evaluating the criminal behavior of each defendant, as well as applying aggravating and mitigating circumstances, the Trial Panel sentenced:

Pham Trung Kien (former Secretary of the Deputy Minister of Health) received a bribe of 42.6 billion VND and was sentenced to life in prison (the Procuracy proposed the death penalty).

Vu Anh Tuan (former Deputy Head of the General Staff, Immigration Department) received a bribe of more than 27 billion VND, life imprisonment (the Procuracy proposed 19-20 years in prison).

Nguyen Thi Huong Lan (former Director of the Consular Department - Ministry of Foreign Affairs) received a bribe of more than 25 billion VND, life imprisonment (the Procuracy proposed 18 - 19 years in prison).

To Anh Dung (former Deputy Minister of Foreign Affairs) received a bribe of 21.5 billion VND, 16 years in prison (the Procuracy proposed 12 - 13 years in prison).

Do Hoang Tung (former Deputy Director of the Consular Department - Ministry of Foreign Affairs) received a bribe of more than 12 billion VND, 12 years in prison (the Procuracy proposed 9 - 10 years in prison).

Vu Sy Cuong (former officer of the General Staff Department, Immigration Department) received a bribe of more than 9 billion VND, 9 years in prison.

Tran Van Du (former Deputy Director of the Immigration Department) received a bribe of 7.6 billion VND, 7 years in prison.

Tran Van Tan (former Vice Chairman of Quang Nam Provincial People's Committee) received a bribe of 5 billion VND and was sentenced to 6 years in prison.

Nguyen Quang Linh (former Assistant to Deputy Prime Minister) received bribes of more than 4 billion VND, 7 years in prison.

Nguyen Tien Than (former Specialist of the Department of International Relations, Government Office) received a bribe of more than 3.6 billion VND, 5 years in prison.

Nguyen Thanh Hai (former Director of the Department of International Relations, Government Office) received a bribe of more than 3.6 billion VND, 6 years in prison.

Nguyen Mai Anh (former specialist of the Department of International Relations, Government Office) received a bribe of 3 billion VND, 6 years in prison.

Nguyen Hong Ha (former Consul General of Vietnam in Osaka, Japan) received a bribe of more than 2 billion VND, 4 years in prison.

Chu Xuan Dung (former Vice Chairman of Hanoi People's Committee) received bribes of more than 2 billion VND, 3 years in prison.

Vu Hong Quang (former Deputy Head of the Air Transport Department, Civil Aviation Authority of Vietnam, Ministry of Transport) received a bribe of nearly 2 billion VND, 4 years in prison.

Vu Hong Nam (former Vietnamese Ambassador to Japan) received a bribe of more than 1.8 billion VND, 30 months in prison.

Le Tuan Anh (former Chief of Office of the Consular Department - Ministry of Foreign Affairs) received a bribe of nearly 1.8 billion VND, 42 months in prison.

Ngo Quang Tuan (former specialist of the Department of International Cooperation, Ministry of Transport) received a bribe of more than 1.8 billion VND, 4 years in prison.

Hoang Van Hung (former Head of Department 5, Department of Security Investigation) swindled and appropriated 800,000 USD, life imprisonment (Prosecution proposed 19-20 years in prison).

Tran Minh Tuan (Director of Thai Hoa Construction Joint Stock Company) defrauded and appropriated nearly 5.7 billion VND in assets and gave nearly 800 million VND in bribes, 18 years in prison.

Vu Ngoc Minh (former Vietnamese Ambassador to Angola) received a bribe of 864 million VND, 30 months in prison.

Luu Tuan Dung (former Deputy Head of Citizen Protection Department, Consular Department - Ministry of Foreign Affairs) received a bribe of more than 500 million VND, 18 months in prison.

Nguyen Thi Thanh Hang (Deputy General Director of Blue Sky Company) and Le Hong Son gave bribes of more than 100 billion VND, 11 years in prison.

Le Hong Son (General Director of Blue Sky Company) and Nguyen Thi Thanh Hang gave bribes of more than 100 billion VND, 10 years in prison.

Hoang Dieu Mo (General Director of An Binh Company) gave bribes of more than 34 billion VND, 7 years in prison.

Nguyen Tien Manh (Deputy Director of Viet Travel Company) gave bribes of nearly 28 billion VND, 7 years in prison.

Vu Thuy Duong (Director of Viet Travel Company) gave bribes of more than 24 billion VND, 36 months suspended sentence.

Hoang Anh Kiem (in Hanoi) gave bribes of more than 22.8 billion VND, 6 years in prison.

Nguyen Thi Tuong Vy (Director of ATA Vietnam Company) gave a bribe of nearly 12 billion VND, 4 years in prison.

Vo Thi Hong (Director of Minh Ngoc Company) gave a bribe of nearly 11 billion VND, 4 years in prison (combined with the 30-month prison sentence in another case equals 6 years and 6 months in prison).

Le Van Nghia (Director of Nhat Minh Company) gave bribes of more than 9.5 billion VND, 3 years in prison.

Tran Thi Mai Xa (Director of MasterLife Company) gave bribes of more than 8 billion VND, 3 years in prison.

Le Thi Ngoc Anh (former official of the Party Central Committee's Foreign Affairs Commission) gave bribes of more than 7.6 billion VND, 3 years in prison.

Nguyen Thi Hien (in Hanoi) gave a bribe of 4.1 billion VND, 30 months in prison.

Dao Minh Duong (Director of Vijasun Joint Stock Company) gave bribes of more than 3.5 billion VND, 36 months suspended sentence.

Nguyen Thi Dung Hanh (Director of G 19 Vietnam Company Limited) gave bribes of more than 3 billion VND, 30 months in prison.

Phan Thi Mai (Director of Sao Ha Noi International Joint Stock Company) gave bribes of more than 2.3 billion VND, 30 months suspended sentence.

Vu Minh Thang (Director of Thuan An Investment and Trading Company) gave bribes of more than 2 billion VND, 30 months suspended sentence.

Nguyen The Dung (Director of Sang Trong Company) gave bribes of more than 1.6 billion VND, 24 months suspended sentence.

Tran Hong Ha (Director of Sao Viet International Company) gave bribes of more than 1.6 billion VND, 24 months in prison.

Pham Bich Hang (Deputy Director of International Travel Company) gave bribes of nearly 1.2 billion VND, 20 months in prison.

Tran Viet Thai (former Vietnamese Ambassador to Malaysia) abused his position and power while performing official duties, 4 years in prison.

Nguyen Le Ngoc Anh (former Second Secretary, Embassy of Vietnam in Malaysia) took advantage of his position and power while performing official duties, 30 months in prison.

Nguyen Hoang Linh (former Second Secretary, Embassy of Vietnam in Malaysia) took advantage of his position and power while performing official duties, 30 months in prison.

Dang Minh Phuong (former officer of the Vietnamese Embassy in Malaysia) took advantage of his position and power while performing official duties, 18 months in prison.

Nguyen Anh Tuan (former Deputy Director of Hanoi City Police) brokered bribes of more than 61.6 billion VND, 5 years in prison, fined 50 million VND.

Tran Quoc Tuan (Director of Trade Promotion Joint Stock Company) and Vietnam Tourism, brokered bribes of more than 7.4 billion VND, 3 years in prison.

Bui Huy Hoang (former specialist of the Department of Infectious Disease Control, Department of Preventive Medicine, Ministry of Health) brokered a bribe of more than 3.3 billion VND, 30 months in prison, fined 50 million VND.

Pham Thi Kim Ngan (former officer of the Administrative Department, Government Inspectorate Magazine) brokered a bribe of nearly 2 billion VND, 15 months in prison.

Ly Tien Hung (former First Secretary, Embassy of Vietnam in the Russian Federation) received a bribe of more than 400 million VND, 30 months in prison.

Tran Tien (Director of Phi Company) gave bribes of more than 600 million VND, 18 months suspended sentence.

Pham Ba Son (employee of Thai Hoa Construction Joint Stock Company) gave a bribe of 520 million VND, 18 months suspended sentence.

Cao Duc Hiep (Director of Railway Union Company) gave bribes of more than 485 million VND, from 18 to 20 months in prison.

Dao Thi Chung Thuy (in Hanoi) gave bribes of more than 437 million VND, 15 months suspended sentence.

In addition to the prison sentence, 21 defendants in the bribery group were each fined 100 million VND.