Appeal of Viet A case: Defendant Nguyen Thanh Long and 5 other defendants have their sentences reduced

Notably, by paying an additional VND 1 billion to remedy the general consequences of the case, defendant Nguyen Thanh Long (former Minister of Health) had his sentence reduced to 17 years in prison (first instance verdict 18 years in prison for the crime of "Receiving bribes").

In addition, the Court of Appeal reduced the sentences of several other defendants: Nguyen Nam Lien (former Director of the Department of Financial Planning, Ministry of Health) to 6 years and 3 months in prison (first instance sentence of 7 years in prison); Pham Duy Tuyen (former Director of the CDC Center of Hai Duong province) to 12 years in prison (first instance sentence of 13 years in prison).

Defendant Tran Thanh Phong (Deputy Head of Finance and Accounting Department, CDC Binh Duong) was exempted from criminal liability because it was determined that he had no motive for personal gain and did not benefit from this case. Previously, the Court of First Instance sentenced defendant Phong to 24 months in prison but the sentence was suspended.

The two defendants given suspended sentences are: Nguy Thi Hau (former Deputy Head of the Finance and Planning Department, CDC Bac Giang) sentenced to 36 months in prison at first instance; Le Thi Hong Xuyen (employee of CDC Binh Duong) sentenced to 24 months in prison at first instance.

First instance verdict upheld for defendant Phan Quoc Viet

The Court of Appeal upheld the first instance sentence of defendant Phan Quoc Viet (General Director of Viet A Company) who was sentenced to 14 years in prison for "Violating bidding regulations causing serious consequences" and 15 years in prison for "Giving bribes"; the total sentence for Viet is 29 years in prison.

Defendant Vu Dinh Hiep (Deputy General Director of Viet A Company) was sentenced to 7 years in prison for "Violating bidding regulations causing serious consequences" and 8 years in prison for "Giving bribes"; Hiep's total sentence is 15 years in prison. Defendant Trinh Thanh Hung (former Deputy Director of the Ministry of Science and Technology) was sentenced to 14 years in prison for "Receiving bribes".

For the defendants who committed the crime of "Violating bidding regulations causing serious consequences", the Court upheld the first instance sentence for: Tran Thi Hong (employee of Viet A Company) to 30 months in prison; Nguyen Truong Giang (General Director of VNDAT Company) to 30 months in prison.

The Court of Appeal determined that the first instance judgment had fully considered the aggravating and mitigating circumstances, the right person, the right crime, and the right law. The defendants in this case committed a series of violations to illegally gain an exceptionally large amount of money. Phan Quoc Viet (General Director of Viet A Company) turned the test kit from a State product into a Viet A product. In addition, Phan Quoc Viet also shared and bribed individuals in authority to create favorable conditions for the business. Under Viet's direction, Viet A Deputy General Director Vu Dinh Hiep also bribed the leaders of the CDCs in the provinces. Defendant Nguyen Thanh Long took advantage of his position to create favorable conditions for Viet A. In addition, through his secretary, defendant Long received a bribe of 2.25 million USD from Phan Quoc Viet.

Specifically, the Appeals Council determined that former Minister of Health Nguyen Thanh Long knew that the COVID-19 test kit was a state project, but still created conditions for Viet A Company to commit illegal acts; and accepted a large bribe. The defendant was determined to have aggravating circumstances for committing the crime multiple times and was entitled to mitigating circumstances for honestly confessing, actively cooperating, and returning 2.25 million USD in bribes.

At the appeal hearing, defendant Long paid an additional 1 billion VND to remedy the general consequences of the case, paid all additional penalties, court fees, and stated that he had relatives who were awarded Medals and Resistance Medals, that he himself had made contributions, was the author of many State-level topics, etc. In addition, he provided additional information about his medical history.

Regarding the defendant Phan Quoc Viet, the defendant paid an additional 200 million VND to remedy the consequences of the case and said that the Court of First Instance's application of aggravating circumstances to the defendant was inappropriate, the defendant had confessed to the bribery to clarify the nature of the case. However, the Court of Appeal held that the defendant had managed the entire operation of Viet A Company, causing a loss of more than 1,200 billion VND. The Court of First Instance had fully applied mitigating circumstances to the defendant such as honest confession, active cooperation... The Court of Appeal upheld the first instance sentence of defendant Phan Quoc Viet (General Director of Viet A Company) to 14 years in prison for the crime of "Violating bidding regulations causing serious consequences", 15 years in prison for the crime of "Giving bribes"; the total sentence was 29 years in prison.

Viet A Company appealed with the content of requesting not to confiscate to the state budget the amount of money determined to be illegally profited from selling test kits to organizations and individuals not considered for prosecution in the case. Viet A Company also requested organizations that purchased test kits without going through the bidding procedure to pay according to the signed contract. Viet A Company also appealed, requesting the Court of Appeal to cancel the measures of freezing and restricting transactions on the bank accounts of this enterprise and companies in the Viet A system not related to the case...

Regarding the appeals of Viet A Company, the Court of Appeal rejected the appeals; recommended that the Investigation Police Agency consider measures to freeze and restrict transactions on the company's bank accounts.