On November 25th, the People’s Court of Ho Chi Minh City continued the first-instance trial of defendant Mai Thi Hong Hanh, former Director and Chairman of the Members’ Council of Cross-Vietnam Oil Company, and 14 accomplices.
Defendant Le Duy Minh: I Only Realized Later that the Gifts Contained Money
After the defense statements of the lawyers, defendant Le Duy Minh, former Director of the Ho Chi Minh City Tax Department, stated to the court that he had never intended to accept gifts from defendant Mai Thi Hong Hanh in exchange for creating favorable conditions for the company to take advantage of state policies. According to the defendant, the gift-giving incidents happened very quickly, and he subjectively believed that they were just regular congratulatory gifts.
Defendant Minh specifically listed the occasions he received gifts: once when he was appointed as the director, once during the April 30th holiday, once on the 27th of the first lunar month close to Tet, and once on December 24, 2021, near New Year’s Day.
The defendant affirmed that after receiving the gifts, he usually took a long leave and only opened them upon returning to the office. He claimed that he did not realize that accepting the gifts could lead to legal violations. He admitted that he lacked thoughtful consideration and made unwise decisions, which resulted in the violation. Apart from these points, Defendant Minh accepted all the charges in the indictment.
At the same time, the defendant requested that the People’s Council and the representative of the VKS consider mitigating circumstances and hoped to receive leniency from the law to be eligible for an appropriate sentence and early reintegration into the community.
Defendant Le Duc Tho: I Did Not Act Against Regulations
Supplementing the defense statement of his lawyer, defendant Le Duc Tho, former Secretary of the Provincial Party Committee of Ben Tre province, focused on clarifying his awareness of his wrongdoing and his relationship with Cross-Vietnam Oil Company.
“I am deeply aware of my criminal offense and deeply regret what has happened. During my time in office, I have always strived to fulfill my assigned tasks to the best of my ability, but I have allowed an unfortunate incident to occur, and I am deeply remorseful about it,” said the defendant.
He emphasized the nature of the gifts he received from defendant Mai Thi Hong Hanh: “During the investigation process, I have been truthful and cooperative from the beginning. I want to make it clear that the gifts from Ms. Hanh did not influence my work decisions.”
The defendant informed that when he was working at the bank, Cross-Vietnam Oil was one of the leading companies in the gasoline and oil business.
“The capital needs of Cross-Vietnam Oil were entirely justified. The company was a top client, sought after by many competing banks. Therefore, it was normal for VietinBank to meet the capital needs of this enterprise. Even if Ms. Hanh didn’t know me and didn’t give me gifts, with my position and responsibilities, I would still have instructed the resolution of the matter in the same way, as Cross-Vietnam Oil fulfilled all the conditions for credit extension,” Defendant Tho explained.
The defendant admitted to receiving gifts from Ms. Hanh on two occasions related to the extension of credit to Cross-Vietnam Oil. In 2020, Cross-Vietnam Oil requested VietinBank to approve a credit limit of 5,000 billion VND and ease the conditions for credit acceptance from 20% to 30%. However, during the appraisal process, he learned that other banks provided unsecured loans with a ratio of 30-50%, while VietinBank maintained a rate of 20%.
“I told Ms. Hanh that the bank would continue with its existing practices, and everything depended on the appraisal and proposals of the subordinates. Eventually, VietinBank approved only 3,000 billion VND with the unsecured loan condition remaining at 20%, not following Ms. Hanh’s request,” Defendant Tho stated.
He affirmed, “Although I made a mistake in accepting the gifts, I did not act against regulations or force my subordinates. I always followed the rules and considered the practical needs of the enterprise.”
Regarding his relationship with defendant Mai Thi Hong Hanh, Defendant Tho shared that during his time as the Secretary of Ben Tre Province, he had worked hard to attract businesses to the region. “Along with the provincial leaders, I tried to create the most favorable conditions for enterprises and the people. My instructions were in line with my responsibilities and functions. In fact, the province should thank Ms. Hanh for her contributions to the provincial budget and job creation for the locals.”
On a personal note, Defendant Tho mentioned that he had known defendant Hanh before. He described her as a dynamic and proactive person.
“On several occasions, I invited her to collaborate and join hands with the province. She accepted the invitation and made significant contributions to the locality. Amid fluctuations in global gasoline and oil prices, I advised her to participate in the financial derivatives market. During 2021-2022, she entered this market and reaped substantial profits, earning several million USD daily,” he recounted.
He recalled their conversation: “I once joked with Ms. Hanh, saying, ‘I don’t work for free; my consultation should bring profits.’ My advice to her was entirely well-intentioned, and the business results were hers. Later, she shared the benefits by giving me gifts, but I did not force or take advantage of my authority.”
In conclusion, Defendant Tho expressed, “I deeply regret my mistakes. I hope that the People’s Council will consider the case comprehensively to make a fair and reasonable judgment, allowing me to return to my family and society soon and continue to contribute positively.”