Former Ocean Bank executives to be tried again on August 28

Hanoi (VNA) – Keeping a close eye on and providing consultancy for investigations and judging of serious economic and corruption cases is among major tasks defined by the Party Central Committee’s Commission for Internal Affairs in 2017 at a conference in Hanoi on January 5. According to head of the commission Phan Dinh Trac, it will focus on giving advice to remove difficulties for and complete the first instance hearing of six major cases, and the revision of other seven cases as scheduled. The corruption cases include those related to Pham Cong Danh, Ha Van Tham, Huynh Thi Huyen Nhu and Vu Quoc Hao in the banking area, along with cases related to the PetroVietnam Construction Corporation, he stated. At the same time, the commission will also consult the Party Central Committee on measures to prevent and combat corruption as well as strictly handle individuals and collectives committing violations and causing losses for State-run projects, including Dinh Vu fibre factory, Ethanol Dung Quat plant, Ninh Binh and Ha Bac nitrogen factories, DAP 1 in Hai Phong and DAP 2 in Lao Cai, and Dung Quat shipyard, said Trac. Trac also declared that the commission will also improve its operation effectiveness in corruption and wastefulness prevention and fight, while combating self-evolution and self-transformation among its staff. According to a report by the commission, in 2016, the commission proved its advisor role, helping the Party Central Committee’s steering committee for corruption prevention and control with orientations to handle major cases, while keeping…... [read more]

Viet Nam News VĨNH PHÚC - Vĩnh Phúc Province People's Court yesterday sentenced to prison eight former local officials at the first instance hearing. The accused, former officials of Vĩnh Yên City, were sentenced for abusing their position and power while doing public duty. The eight accused officials include Lại Hữu Lân, former Chairman of Vĩnh Yên City's Peoples' Committee, Secretary of Vĩnh Yên City's Party Committee; Nguyễn Ngọc Quyền, former chief of the provincial People's Committee, Chairman of Vĩnh Yên City's Peoples' Committee and Secretary of Vĩnh Yên City's Party Committee; Nguyễn Xuân Trường, former Chairman of Đồng Tâm Ward's People's Committee, Secretary of Đồng Tâm Ward's Party Committee; Nguyễn Xuân Liên, former official of provincial People's Committee office, Deputy Chairman of Tam Đảo District's People's Committee. The other three officials -- Nguyễn Thị Kim Liên, Nguyễn Thị Ngọc and Vũ Văn Chức -- are all officials of Vĩnh Yên City's departments. Dương Đình Tâm is a resident running a business in Vĩnh Yên City. According to the court verdict, since 2006, the eight officials abused power to order the compilation of illegal documents, confiscated 25ha of land from the residents and handed it over to Nguyễn Anh Quân and Dương Đình Tâm. The land then was put under the name "Farming project of Đồng Tâm Ward" invested by Đồng Tâm Ward's People's Committee. The court concluded that the offenders hold power and have knowledge about the Land Law, land use and planning regulations. The illegal action of offenders…... [read more]

Victims of injustice Son Nguyen By Son Nguyen in HCMC He was innocent, but the 52-year-old Nguyen Thanh Chan was jailed for life for the murder ten years ago of a woman he never committed. The case should have never been brought to light if the real culprit had not finally turned himself in to police last month and Chan was released from prison early this week. The highly emotional news with all incredible details has in the past few days been front-paged in most local newspapers, which apart from the grievances of the single victim question the reliability of court proceedings in the country that may have victimized many others. As covered in local media, the case began in August 2003 when a woman was murdered at her house in Bac Giang Province. Two weeks later, Nguyen Thanh Chan was summoned as a key suspect by Bac Giang police, who one month later filed formal charges of murder against the man. Bac Giang Court in the first-instance hearing in late March 2004 sentenced Chan to life behind bars, and the verdict was upheld by the Supreme Court four months later. On October 25, the real culprit gave himself in to police as the killer, and then, Chan was temporarily released from jail this Monday while pending further court procedures to be claimed innocent. In the aftermath of the release, details of court proceedings and detention revealed by Chan are appalling to all, from National Assembly deputies to officials, and…... [read more]

Vietnam Airlines seeks justice from Italy court By Mong Binh - The Saigon Times Daily HCMC - Vietnam Airlines is expecting that the Rome Tribunal Court will judge the lawsuit against the national flag air carrier with justice at a trial set for early next month, otherwise the local party will face a huge financial damage of some five million euro. Vietnam Airlines said in a statement sent to the Daily on Monday that the Italian court had chosen April 2 to consider its appeal to cancel the ruling in 2000 in favor of the plaintiff Maurizio Liberati, an Italian citizen the airline insists it has nothing to do with. Pham Ngoc Minh, general director of Vietnam Airlines, confirmed in the statement that Vietnam Airlines was determined to defend the legitimate rights and interests of Vietnam's 100% State-owned enterprise in every possible way within its capacity. "We believe that justice will be finally protected and exercised despite geographical and judicial differences between the two countries," Minh said. Minh said Vietnam Airlines expected that competent Italian courts and the Italian people would support a fair and unbiased verdict for this lawsuit thus facilitating trade cooperation between business communities and the better relations between the two countries. As in line with the Prime Minister's order, Vietnam Airlines has been working with government agencies over adopting all possible measures to request the concerned Italian courts to judge the case against the airline fairly and clearly identify its real nature. Vietnam Airlines reiterated the…... [read more]

Airline counts on Italy, France courts, lawyers to reverse ruling By Mong Binh - The Saigon Times Daily HCMC - Vietnam Airlines has written to the heads of competent courts and bar associations in Italy and France saying it counts on their fair and objective judgment for the lawsuit that costs the airline at least 5.2 million euro if the 2000 verdict remains in favor of the plaintiff. Vietnam Airlines said it had sent letters to rally support from the head of the Italian People's Prosecution, the presiding judges of the Supreme Court and the Rome Tribunal Court, as well as chairpersons of the Rome Bar Association and the Paris Bar Association. Minh said in the documents also sent to the Daily on Tuesday that Vietnam Airlines was the victim of an injustice in relation to the lawsuit initiated by Maurizio Liberati in 1994 for the reasons that the national flag air carrier had not had any legal links with the plaintiff. Vietnam Airlines defends that the agreement it signed in 1992 to appoint Falcomar as its passenger sales agency in Italy clarifies that the carrier shall not hold any responsibility arising out of any agreement/contract between Falcomar and any third party. Minh explained because of judicial differences between Vietnam and Italy, Vietnam Airlines was unable to receive the ruling by the Rome Tribunal Court in favor of the plaintiff during the valid period for the airline to make its appeals. The airline said it only knew the existence of…... [read more]

Vietnam Air looks for new solutions to Italy suit By Mong Binh - The Saigon Times Daily HCMC - Vietnam Airlines will continue to look for every possible way within its capacity to reverse the prolonged lawsuit in Italy, having learned that the Rome Tribunal Court had turned down its appeal to cancel the 2000 ruling in favor of plaintiff Maurizio Liberati. "We have received the Italian court's latest decision via unofficial channels," Dung said. Despite this, Vietnam Airlines formed a group of experts responsible for finding possible ways to convert the latest verdict on the case that has lasted for more than a decade. Dung said Vietnam Airlines was working with Italian lawyers over the case, which was initiated by the Italian whom the airline has repeatedly insisted it has nothing to do with. Dung commented there were signs of swindle if the case was weighed objectively. He added that judicial differences between Italy and Vietnam were also among the challenges that Vietnam Airlines had to cope with when pursuing the lawsuit. In early April this year, the Rome Tribunal judged Vietnam Airlines' appeal to nullify the ruling in 2000 in favor of Liberati after five proceedings and many years the airline has constantly appealed to various Italian courts in search of justice. Before the latest trial, Vietnam Airlines wrote to the heads of competent courts and bar associations in Italy and France to rally for their fair and objective judgment for the lawsuit that costs the airline at…... [read more]

Customs tariff case ruled in favor of business By Minh Tam - The Saigon Times Daily HCMC – The Supreme People’s Court in HCMC has announced a local enterprise won a two-year case against the customs over a controversial tariff levy on camera tripods. Phuoc Camera Joint Stock Company filed the case against the Tan Cang unit of the HCMC Department of Customs over a 15% tax slapped on Phuoc Camera’s imported tripods. According to the court decision, the Tan Cang customs is ordered to return the earlier-collected VND140 million to Phuoc Camera. The Tan Cang customs on September 2 and November 2, 2010 issued two separate decisions imposing a 15% tax on the tripods imported by Phuoc Camera as they put the product into the group of uncategorized aluminum goods coded 7616. Meanwhile, Phuoc Camera cited Document 7501 of the General Customs Office as saying the tripods could enjoy a tax exemption, so it listed the tripods in the group of tax-free items. Later, the Tan Cang customs said the preferential tax rates applicable to the goods group 9007 covered cinematographic cameras, not digital cameras. At the first-instance hearing, the judge stated the Tan Cang customs had made the right decisions. This forced Phuoc Camera to lodge an appeal to the Supreme People’s Court HCMC.... [read more]

Capital punishment suggested against corrupt exec Da Ban By Da Ban - The Saigon Times Daily HCMC – Prosecutors on Monday suggested the death penalty against Vu Quoc Hao, former CEO of the State-run Agribank Finance Leasing Company 2 (ALC II), for corruption and intentional violation of the law, causing losses totaling VND530 billion. The prosecutor representing the HCMC People’s Procuracy at the fifth day of the first-instance hearing proposed harsh sentences against Hao for different counts, including capital punishment for embezzlement of State assets, 20-year imprisonment for intentional violations of the law causing grave consequences, and 15 years behind the bars for abuse of power when performing public duties. According to the verdict, Hao and his accomplices between April 2008 and March 2009 signed ten finance leasing contracts to give loans of over VND795 billion to four companies, although ALC II as a subsidiary under the State-run Agribank is not permitted to make loans. Hao and other culprits in signing such agreements embezzled some VND140 billion, but their violations caused losses of over VND530 billion to the State. In this court case, the prosecutor also proposed the death penalty against Dang Van Hai, former chair of the board of representatives of Quang Vinh Construction Co. Ltd., for similar offenses to Hao’s. The prosecutor also proposed jail terms of between 10 to 20 years against six defendants as former mid-level and senior executives at ALC II, and jail terms of between six and ten years against executives of other companies…... [read more]

Appeals court against former ACB execs opens Lan Nhi By Lan Nhi - The Saigon Times Daily HANOI – The Supreme People’s Court started to review the appeals submitted by Nguyen Duc Kien, former vice chairman of Asia Commercial Bank (ACB), and other ACB former executives, in Hanoi City last Friday. In June, Kien was sentenced to 30-year imprisonment by the Hanoi People’s Court on the charges of fraudulent appropriation of property, intentionally violating state regulations on economic management causing serious consequences, tax evasion and illegal business. In addition, Kien was fined over VND75 billion for tax evasion. Besides Kien, seven defendants were sentenced from at least three to eight years in prison. Among the eight defendants, six submitted appeals letters. Kien appealed the entire verdict of the first instance hearing in both the punishment and the charges. He proposed the appeals court review the evidence used to accuse him and those that vindicate him. Four lawyers are expected to defend Kien during this court, which is planned to last from seven to 10 days. Judge Dang Bao Vinh, who chaired the court, is conducting necessary legal procedures. Representatives from the central bank, the Ministry of Planning and investment, the Ministry of Industry and Trade, the General Statistics Office, ACB, VietinBank, the Hanoi Tax Department and Hoa Phat Group are summoned to the trial. Former ACB chairman Tran Xuan Gia, former vice chairmen Le Vu Ky, Trinh Kim Quang and Pham Trung Cang, former ACB chief executive officer Ly Xuan…... [read more]

The Hanoi’s People Court on March 11 sentenced Nguyen Viet Dung to 12 months in prison on the charge of "disturbing public order" under point d, clause 2 of Article 245 of the Penal Code. On December 14, 2015, the People’s Court of Hanoi’s Hoan Kiem district convened the first instance trial for 30-year-old Dung from Hau Thanh commune, Yen Thanh district, central Nghe An province. At the first instance hearing, Dung was handed down a 15-month sentence. Disagreeing with the judgment, he lodged an appeal to the municipal People’s Court. According to the first instance verdict, Dung induced four of his Facebook friends to join about 40 to 50 others in an illegal parade around Hoan Kiem Lake ( Sword Lake ) on April 12, 2015. They allegedly disturbed public order with their presence and loud shouting. Competent agencies requested they stop the gatherings, but they did not. Many agencies, units and individuals around the lake raised petitions against this activity, saying it affected their daily lives, business and tourism. The Hoan Kiem People’s Court stated that Dung incited his friends to parade illegally and summoned people at the public place without registering with the local People’s Committee as stipulated in State regulations. Dung’s acts hindered Hanoi residents’ and domestic and foreign tourists’ travels, disturbed other activities around the lake, and affected social security and safety. At the appeal court on March 11, Dung showed changes in his awareness, making the court consider decreasing his sentence from 15 to…... [read more]

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