The Trans-Vietnam Oil Scandal: Higher Prosecutor’s Office Accepts All Seven Defendants’ Appeals

Representatives of the High-Level People’s Procuracy in Ho Chi Minh City presented their arguments and proposed sentences for the defendants. 

Accordingly, the prosecution accepted the appeals for reduced sentences from seven defendants: Mai Thi Hong Hanh (former Director of Cross-Vietnam Oil Company); Nguyen Thi Nhu Phuong (former Deputy Director); Le Duc Tho (former Secretary of the Ben Tre Provincial Party Committee); Tran Duy Dong (former Head of the Domestic Market Department, Ministry of Industry and Trade); Hoang Anh Tuan and Nguyen Loc An (both former Deputy Heads of the Domestic Market Department); and Le Duy Minh (former Chief of Ho Chi Chi Minh City Tax Department).

Specifically, the prosecution recommended that the Court reduce the sentence for defendant Le Duc Tho by 1-2 years for the crime of “Taking Bribes” and by 4-5 years for the crime of “Abusing position and power to influence others for personal gain.” The total recommended reduction for both crimes is 5-7 years.

Mai Thi Hong Hanh’s sentence was proposed to be reduced by 18-24 months. The remaining defendants were recommended reductions of 9-24 months.

The defense lawyer for defendant Mai Thi Hong Hanh was the first to participate in the debate. The lawyer raised seven main issues, focusing on requesting leniency and the application of the law’s humane policies.

The lawyer requested that the Court consider exempting Hanh from criminal responsibility for the act of “Offering Bribes.” According to the lawyer, the case was only initiated after several employees of Cross-Vietnam Oil Company filed complaints related to the misuse of assets, causing losses to the fund for stabilizing gasoline and oil prices and environmental protection taxes.

After being prosecuted, defendant Hanh voluntarily confessed to the act of offering bribes, which was not previously discovered by the prosecuting agency. The lawyer argued that this is a basis for exemption from criminal responsibility under the law.

During the defense, the lawyer also mentioned the contributions of the defendant and the company. According to the lawyer, from 2016 until the initiation of the case, Cross-Vietnam Oil Company had paid over VND 15,000 billion in financial obligations. While the amount involved in the wrongdoing was VND 1,400 billion, although a large amount, it needed to be considered in the context of the company’s overall contributions.

Both defendant Hanh and defendant Le Duc Tho also stated that defendant Hanh had contributed VND 20 billion to Ben Tre province for COVID-19 prevention and control. The lawyer requested the Court to “take this into account.”

The lawyer also argued that defendant Hanh had at least two mitigating circumstances, thus meeting the conditions for the application of Article 54 of the Penal Code, which allows for a sentence below the statutory penalty range.

In her supplementary defense, defendant Mai Thi Hong Hanh expressed her gratitude to Mr. Le Duc Tho and his wife for voluntarily making additional compensation of over VND 10 billion during the resolution of the case.

Regarding the VND 22 billion determined to be a bribe given to Mr. Tho during his tenure as Secretary of the Ben Tre Provincial Party Committee, defendant Hanh stated that only VND 4 billion was in cash, and the rest was in the form of gifts, hospitality expenses, support, and health care.

The defendant argued that if the value of the gifts were converted into cash to determine the offense, it would not only aggravate Mr. Tho’s criminal responsibility but also lead to a heavier sentence for herself.