This view was presented by representatives of the appellate prosecutor's office at a trial in Ha Noi on the morning of 19/12/2024. The session reviewed appeals from 14 defendants involved in bidding irregularities by Thuan An Group across five provinces/cities.

The prosecutor's office stated that the first-instance court had applied all relevant circumstances and determined "fundamentally appropriate" penalties for the offenses. During the appellate hearing, Nguyen Duy Hung, chairman of Thuan An Group, submitted an additional 47 billion VND, thereby fully remedying the financial consequences of the case.

Pham Thai Ha leaving the first-instance trial. *Photo: Pham Du*

Other defendants also presented new mitigating circumstances, including family situations, achievements, and health issues, and made additional payments to address the consequences. Based on these factors, there is a basis to accept the appeals of the 14 individuals who filed them, as well as the eight who did not.

Among those recommended for a reduced sentence are Pham Thai Ha, former Deputy Head of the National Assembly Office and former assistant to the National Assembly Chairman; and Le O Pich, former Vice Chairman of Bac Giang Provincial People's Committee. Each is recommended for a reduction of 6-9 months in prison.

Following the first-instance trial in September, 17 individuals filed appeals seeking reduced sentences or suspended sentences. However, Pham Thai Ha and two others unexpectedly withdrew their appeals before the appellate hearing began.

Despite the withdrawals, relatives of the three defendants were present in court, submitted additional funds to remedy the consequences, and presented their circumstances, hoping for leniency from the trial panel.

Pham Thai Ha's wife stated that her husband's paternal grandfather received a Third-class Labor Order, a Resistance Order, and a Prime Minister's Certificate of Merit; his father received a Resistance Order; and Mr. Ha himself had numerous recognized work achievements.

Nguyen Duy Hung, the chairman of Thuan An, received the most significant recommendation for a reduction: two years six months to three years in prison, bringing his sentence down to 7 years 6 months to 8 years.

*Individuals whose names are bolded did not appeal but are still recommended for sentence reductions*

The prosecutor's office also proposed converting prison sentences to suspended sentences for four individuals. While not accepting the appeals for suspended sentences from three former officials and leaders at the Hanoi Project Management Board, they still recommended a 6-9 month reduction for each of them. These three individuals are Nguyen Chi Cuong (former Director); Le Van Mang (former official); and Trinh Van Thanh (former Deputy Head of Department).

These three were assessed as having "received very large sums" from Thuan An, with each receiving several billion VND. In contrast, the defendants recommended for suspended sentences only received from tens of millions to a maximum of 200 million VND.

Le O Pich, former Vice Chairman of Bac Giang Provincial People's Committee, did not appeal but is still recommended for a 6-9 month sentence reduction. *Photo: Pham Du*

The appellate prosecutor's office maintained the original charges, asserting that the chairman of Thuan An exploited close relationships with certain "high-ranking state officials" during the bidding, winning, and construction phases of projects in Bac Giang, Tuyen Quang, Quang Ninh, Ha Noi, and with the Ministry of Transport.

Specifically, Mr. Hung asked Pham Thai Ha, former Deputy Head of the National Assembly Office and former assistant to the National Assembly Chairman, to introduce him to and influence provincial and Ministry of Transport leaders, aiming to facilitate Thuan An Group's success in bidding and project execution.

After securing these introductions, Mr. Hung directly met with and asked leaders of provincial party committees, provincial people's committees, and units within the Ministry of Transport to direct their subordinates to create favorable conditions for Thuan An to win bids.

However, after winning bids, Mr. Hung would then have other companies work with the project management boards to form joint ventures. They would then collude and conspire from the survey stage, through the preparation of design documents, technical specifications, and cost estimates. This constituted bid rigging to secure contracts.

Representatives of the appellate prosecutor's office in Ha Noi. *Photo: Danh Lam*

The former chairman of Thuan An was also accused of agreeing to pay "facilitation fees" as a percentage of project value to individuals responsible for directing and implementing bid packages and projects, ranging from several hundred million VND to several billion VND. These individuals, in turn, directed their subordinates and collaborated to carry out actions contrary to bidding regulations.

To generate funds for these payments, Mr. Hung collected inflated fees from construction units and material suppliers, totaling 9.3 billion VND. This amount was included in acceptance records and subsequently paid by the project owners, thus being calculated as damages.

The violations committed by Mr. Hung and his accomplices caused state property damages exceeding 120 billion VND.

Mr. Ha was accused of agreeing to assist Mr. Hung due to their close relationship, introducing him to facilitate project execution in Bac Giang. In late December 2021, during a dinner with the Bac Giang Provincial Party Committee Standing Board at the National Assembly Chairman's residence, Mr. Ha introduced Mr. Hung to the Bac Giang Party Secretary.

The indictment stated that Mr. Ha's introduction and influence "created conditions for Thuan An to win bids," indirectly leading to collusion and conspiracy between individuals at the Bac Giang Project Management Board, the design unit, and Thuan An to secure contracts.

After Thuan An won the bid, Mr. Hung visited Mr. Ha's home and gave him 500 million VND as a thank you. Additionally, on various holidays and festivals, Mr. Hung repeatedly gave Mr. Ha further gifts, totaling 250 million VND. Mr. Ha is the only individual charged with abuse of position and power to influence others for personal gain.

The trial is continuing and is expected to last two days.

Thanh Lam