In the case of Van Thinh Phat and its Chairwoman Truong My Lan, the investigation conclusion of the Ministry of Public Security showed that the Police Investigation Agency (C03) applied completely different crimes, with the same act of accepting bribes. If you compare the crimes of the members of the Interdisciplinary Inspection Team against SCB Bank, you will see that.
This is an intentional violation of the C03 Investigation Agency – Ministry of Public Security. It will create conditions for bribing for lighter charges and sentences, a very common phenomenon today in Vietnam. Specifically, Truong My Lan’s act of manipulating SCB Bank’s operations caused hundreds of thousands of billions in losses, the reason being that the authorities did not promptly prevent it, including the responsibility of the Government’s Interdisciplinary Inspection Team.
It is known that the Interdisciplinary Inspection Team, including the Inspection and Supervision Agency of the State Bank of Vietnam (SBV); Government Inspectorate; National Financial Supervision and State Audit Committee, established in August 2017.
According to the Prime Minister’s Decision, the Interdisciplinary Inspection Team is responsible for: “…inspecting credit granting activities since June 30, 2014 and the current status of bad debts, restructuring plans, interest and receivable fees, evaluating management activities at the Head Office and 12 branches of Saigon Trading Joint Stock Company (SCB).
Based on the conclusion of the Police Investigation Agency (C03), the Ministry of Public Security said that the above SCB Bank Inspection Team, including 18 members, was led by Do Thi Nhan, former director of the State Bank of Vietnam’s department as group leader.
All members of the delegation received money from SCB Bank to change the inspection results and conceal this bank’s violations. Particularly, Do Thi Nhan, as Head of the Inspection Team, accepted bribes in cash amounting to $5.2 million.
That shows the horrifying level of crime committed by Van Thinh Phat Group and Truong My Lan, combined with the support of many government officials, which has disabled the state’s legal control system in the banking sector.
Returning to the issue, the Police Investigation Agency handled the bribe recipients in this case, clearly showing bias, lack of fairness and integrity.
Specifically:
In the Interdisciplinary Inspection Team working with SCB Bank, there is Do Thi Nhan in the role of team leader, and Nguyen Van Hung – Deputy Chief Inspector, in charge of the SBV’s Inspection-Supervision agency. Both of them received money from SCB Bank, agreed to recommend that SCB be “restructured” and agreed to take SCB out of “special control.”
According to the investigation conclusion, in return for SCB’s favor, Hung was given a “gift” of $390,000, and Do Thi Nhan was given a “gift” of up to $5.2 million. In addition, all remaining members of this Inspection Team were “gifted” money of between VND100 million and $40,000.
However, although 100% of SCB Inspection Team members received money, only Do Thi Nhan was proposed to be prosecuted for the crime of “receiving bribes” while the remaining people are only recommended to be prosbed for the crime of “abusing position and power while performing official duties.”
Not to mention, among them there were 7 people who received “bribe” gifts, but were ignored by the police and not prosbed for criminal liability, with the reason, “… only participating in part of the job” assigned by the team leader, proactively report violations, return money received and actively cooperate with the investigation.
Public opinion has questioned the fairness and integrity of the Ministry of Public Security in its inconsistent application of the law.
Why, with the same act of accepting bribes from SCB Bank, some people are accused of “receiving bribes” and others are just “abusing their positions and powers while performing official duties“?
More importantly, because the officials accepted bribes and assisted in “changing white for black,” the real “health” of SCB Bank declined and led to particularly serious consequences. So, what is the reason that 7 individuals, who are officers of the Government Inspectorate; the National Financial Supervisory Commission and the State Audit are exempted from criminal prosecution?
In the field of legal protection in Vietnam, the process of investigating and adjudicating cases all applies “double standards.” That is, “two similar cases are handled by different standards“.
Article 16 of the 2013 Constitution of Vietnam (amended) clearly states: “Everyone is equal before the law. No one shall be discriminated against in political, civil, economic, cultural and social life.”
More importantly, this loophole by Minister of Public Security To Lam will create conditions for giving bribery for lighter charges which is very dangerous for the public. society.
Thoibao.de (Translated)
