Causes of Crime
According to the investigative agency, this is a corruption, economic, and official misconduct case related to energy security, financial security, and banking. It occurred from the central to the local level and is of a particularly serious nature, causing state asset losses and affecting the proper functioning of agencies and organizations. The case has also garnered social attention.
Several factors contributed to this crime, as identified by the Ministry of Public Security’s Investigation Security Agency (ANĐT):
Regarding the inspection and supervision of the BOG Fund: According to current regulations on gasoline and oil business, BOG is not centrally managed but is kept by gasoline and oil trading enterprises. These enterprises are responsible for managing, proactively allocating, utilizing, and reporting the BOG Fund balance to the state management agency.
Current laws do not specifically regulate the methods and modalities for managing and inspecting the actual balance of the BOG Fund that enterprises have allocated in each reporting period. They also do not clarify the responsibilities of relevant management agencies. As a result, owners of these enterprises took advantage of this loophole to appropriate and misuse the funds, leading to asset losses.
In terms of managing and collecting the Environmental Protection Tax: This is a significant source of state budget revenue. However, instead of collecting this tax directly from consumers, the state assigns gasoline and oil trading merchants to collect it on their behalf. The collected amount is not accounted for or deposited into a separate identified account, allowing owners of gasoline and oil trading enterprises to appropriate it.
Issuance of gasoline and oil import and export business licenses: The current regulations do not clearly define the responsibilities of the authorized agency. This has led to instances of units or authorized individuals “colluding with and guiding” enterprises to perform or bypass the legalization of dossiers and licensing conditions. Enterprises have also failed to maintain their business conditions after obtaining the license.
Regarding the accused involved in corruption offenses, the investigating agency believes that they were motivated by personal gain and lacked morality. They abused their state management functions in the fields of gasoline and oil business, taxation, and banking for their benefit, tarnishing the reputation of the Party and the State.
The accused, Tran Duy Dong and Hoang Anh Tuan, are former directors and deputy directors of the Ministry of Industry and Trade’s Domestic Market Department.
Solutions and Recommendations
Based on the above causes, the Ministry of Public Security’s Investigation Security Agency proposes the following immediate solutions:
Enhance inspection and supervision of the allocation and utilization of the BOG Fund by state management agencies. Require gasoline and oil traders to publicly disclose the BOG Fund balance and related documents and proofs periodically to ensure transparency and accountability.
Amend and supplement regulations on gasoline and oil business to clearly define the responsibilities of relevant state management agencies. It is necessary to assign a single agency with the authority and responsibility to monitor and supervise the BOG Fund or transfer the management of the BOG Fund directly to a state agency. In case of violations, the case should be immediately transferred to the investigating agency for criminal handling.
Regarding the management and collection of the Environmental Protection Tax, the investigating agency suggests that the law should specify a timeframe for enterprises to pay the collected tax amount to the state budget. It should also establish criminal liability for the legal representative of the enterprise if they fail to transfer the collected amount to the state budget within the prescribed time.
The tax agency should also strengthen inspection and supervision and direct organizations and individuals under its authority to rectify the management and inspection of tax law compliance in gasoline and oil enterprises. If violations occur, the head of the tax agency and the enterprise must be held accountable before the law.
Additionally, the law should define the responsibilities and strict penalties for units and individuals authorized to grant gasoline and oil import and export business licenses. If an enterprise fails to maintain its licensing conditions, the authorizing agency should recommend revoking the license and imposing additional severe penalties.
Finally, the investigating agency recommends that relevant competent authorities promptly review and strictly handle cases of abuse of position and power for personal gain, causing state asset losses and waste. These actions will serve as a deterrent and educational measure to prevent similar incidents in the future.
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