This information was provided by lawyer Quach Trong Phu, who is representing Mr. Tam. According to Mr. Phu, the People's Procuracy of Area 5 decided to replace detention with bail for Mr. Tam, effective 16/8.

This decision was made after reviewing the request from the Ca Mau Provincial Police Investigation Agency. They considered that Mr. Tam had paid restitution, had a good personal record and clear address, his family had submitted a bail application, and detention was no longer necessary.

Mr. Tam was detained on 15/8/2024, accused of embezzling 10.7 million VND while personally purchasing materials to create equipment for the school.

Mr. Tran Van Tam (left) with lawyer Phu. Photo: An Minh

Mr. Tran Van Tam (left) with lawyer Phu. Photo: An Minh

According to the case file, in July 2022, Mr. Tam was appointed principal of Tam Giang Tay Secondary School (formerly in Ngoc Hien district, now in Tan An commune, Ca Mau province). During the 2022-2023 school year, recognizing the school's lack of teaching equipment, he held a meeting with the school's academic council and agreed to purchase equipment.

Being skilled in welding, Mr. Tam chose to purchase materials and build the equipment himself, hiring additional help to create items like filing cabinets, TV stands, etc. After completion, the school put these items into use.

Lacking proper invoices and purchase contracts, Mr. Tam contacted external businesses to obtain blank invoices, recording fictitious purchases to legitimize the payment process.

According to the investigation, on 29/12/2022, Mr. Tam approved an 11 million VND expenditure based on a business invoice. This amount included 5.5 million VND of Mr. Tam's personal debt to the business for previous material purchases. About 10 days later, he repaid the business over 1.2 million VND from his personal funds. The police determined that Mr. Tam misappropriated nearly 4.3 million VND.

On the same day, he approved the purchase of a metal stepladder for over 1.8 million VND. He obtained an invoice for this amount from a business. Investigators determined he misappropriated over 6.1 million VND, then spent over 2.3 million VND on paint to renovate flower beds – effectively misappropriating the remaining over 3.8 million VND.

On 15/3/2023, he approved two more invoices totaling 6.9 million VND for two TV stands. He had previously obtained invoices from two different companies, and the school accountant processed payments based on these.

The initial trial on 17/2 concluded that Mr. Tam's actual expenses for materials and labor were lower than the invoiced amounts, with the difference of approximately 10.7 million VND considered embezzlement. The court sentenced him to 7 years in prison for embezzlement, a 2-year ban from holding office after his sentence, and confiscation of the 10.7 million VND. Mr. Tam disagreed and filed an appeal.

Some of the items made by Mr. Tran Van Tam are currently in use at the school. Photo: Minh Minh

Some of the items made by Mr. Tran Van Tam are currently in use at the school. Photo: Minh Minh

On 6/5, the Ca Mau Provincial People's Court held an appellate hearing. As in the initial trial, Mr. Tam admitted to using false invoices, which was illegal, but maintained he had no intention of embezzling funds.

He explained that he used existing materials and his own labor to save the school money. The items, including filing cabinets, TV stands, stepladders, and bulletin boards, were real and being used by the school. The over 10 million VND he received was not for personal use but for school activities.

The Ca Mau Provincial People's Court subsequently overturned the initial verdict due to procedural violations and unresolved issues.

According to the appellate panel, Mr. Tam did purchase materials to make the equipment. The embezzlement charge, based solely on his admission of using invoices without corresponding goods, was insufficient and unconvincing.

The court ordered an appraisal of all the items Mr. Tam made, comparing their value with the school's expenditures, including materials and labor costs. Furthermore, several items had not been appraised, school representatives had not been involved in the proceedings, and the actual damages and the intended use of the allegedly misappropriated funds had not been verified.

An Minh