Verdict no. 90/2018/HS-PT dated september 17, 2018 regarding offence forging seals and documents of organizations

PEOPLE’S COURT OF BINH DUONG PROVINCE

VERDICT NO. 90/2018/HS-PT DATED SEPTEMBER 17, 2018 REGARDING OFFENCE FORGING SEALS AND DOCUMENTS OF ORGANIZATIONS

On September 12 and 17, 2018, at the head office of People’s Court of Binh Duong Province, an appellate trial was conducted to hear the criminal case No. 96/2018/TLPT-HS dated July 9, 2018 against the defendant Nguyen Thi Trung H and accomplices, according to the appeals filed by the defendants Nguyen Thi Trung H, Tat H and Trinh Van N against First Instance Criminal Verdict No. 151/2018/HS-ST dated May 31, 2018 of People’s Court of City T, Binh Duong Province.

- Appellants:

1/ Full name: Nguyen Thi Trung H, born on June 4, 1984 in Binh Duong Province. Permanent residence: No. 18/62, Quarter 4, Ward P, City T, Binh Duong Province; education level: 12/12; occupation: worker; ethnicity: Kinh People; gender: female; religion: none; her father: Mr. Nguyen Van R and her mother: Mrs. Le Thi H; husband and children: none; previous conviction and administrative penalty:  none. She was arrested and held in custody from May 13, 2014 to September 24, 2014, then the detention measure was cancelled and the preventive measure in form of ban from leaving residence was alternatively imposed (present).

2/ Full name: Tat H, born on May 27, 1972 in Dong Nai Province. Permanent residence: Village B, Commune T, District V, Dong Nai Province; education level: 12/12; occupation: freelance interpreter; ethnicity: Chinese Vietnamese; gender: male; religion: Buddhism; his father: Mr. Tat C and his mother: Mrs. Thieu To N, his wife: Mrs. Trinh Thi B, 3 children (the eldest child was born in 1993, the youngest child was born in 2012); previous conviction and administrative penalty:  none. criminal record: On July 29, 2016, he was sentenced to 01 years and 08 months in prison for “Forging seals and documents of organizations” by People’s Court of Dong Nai Province according to the First Instance Criminal Verdict No. 64/2016/HS-ST. He was arrested and held in custody from July 10, 2014 to January 6, 2015, then the detention measure was cancelled and the preventive measure in form of ban from leaving residence was alternatively imposed (absent).

3/ Full name: Trinh Van N5, born on May 22,1985 in Ha Tinh Province. Permanent residence: Group 8A, Quarter 4, Trang Dai Ward, Bien Hoa City, Dong Nai Province; education level: 9/12; occupation: laborer; ethnicity: Kinh People; gender: male; religion: none; his father: Mr. Trinh Van B and his mother: Mrs. Le Thi H, his wife: Mrs. Nguyen Thi T, 02 children: the eldest child was born in 2007, the youngest child was born in 2014); previous conviction and administrative penalty: none. He was arrested and held in custody from January 6, 2015 to April 6, 2015, then the detention measure was cancelled and the preventive measure in form of ban from leaving residence was alternatively imposed (present).

- Other procedural participants:

The advocate for Trinh Van N5: Mr. Phan Thanh H - Lawyer of Lawyer’s Office P, member of Bar Association of Ho Chi Minh City (present).

In addition, the case also has 08 other defendants and 04 persons with related interests and obligations without appeal and not being appealed whom the Court does not summon.

THE CASE

According to the documents contained in the case file and the progress at the trial, the contents of the case are summarized as follows:

In March 2011, Nguyen Thi Trung H got acquainted and made friend with Phan Thi Anh N1 who is the chief accountant for P Design and Construction Co., Ltd in Ward T, Town B, Binh Duong Province. In late 2011, H both worked as HR employee for Company P and provided work permit for foreigner service for the purpose of increasing income.   H charged VND 500,000 for a work permit for foreigner in case of satisfactory application. Where a foreigner has no certificate of working experience or judicial record, H will buy fake certificate or record for them. Then, H will assign Nguyen Chi Q, residing at 77 Street N, Ward P, City T, Binh Duong Province, working as official of Legal Department of City T, Binh Duong Province, to translate and notarize these documents. Furthermore, H was guided by Q to fake the certificate of experience and judicial record as follows:  Using a paper-knife to scratch and erase personal information in the book of certificate of working experience and judicial record (notarized copy of sections in Chinese and English) of a foreigner who was issued with a work permit, then photocopying it to many copies; composing personal information of the foreigner seeking a fake certificate of working experience and fake juridical record on computer. Putting the copy of the book of certificate of working experience and judicial record which had been scratched and erased in the printer and overprinting the scratched and erased places with the personal information composed on computer, both overprinting and revising in multi times until all the printed personal information perfectly matches with those places, and finally printing books of certificate of working experience and judicial record.

From 2012 to July 2013, H paid Q VND 50,000,000 in order to translate and notarize certificates of working experience and judicial records for H. H did not know how Q translated or notarized them but when H received documents back, they bore sufficient signatures of translation collaborator, leaders and seal of the Legal Department of City T.

Using the same method as above, from August 2011 to October 2013, H accepted to apply for work permits for 147 foreigners working for 23 companies in Binh Duong Province, to be specific:

* From August to December 2011, Nguyen Thanh P accepted to make work permits for 6 foreigners working for W Apparel Co., Ltd; 15 foreigners working for C Plastic Co., Ltd in V Industrial Park and 5 foreigners working for Pr Company. Then, P hired H to make work permits and earn money from the difference between the charge of work permit and the remuneration paid to H. All foreigners working for these 3 companies have no certificate of working experience, and 23 foreigners have no judicial record. P charged USD 600 to 800 for a work permit, and then hired and paid H USD 550 to 750 for a work permit, P earned USD 20 to 50 for a work permit, totaling VND 23,520,000.

* About August 2011, H regularly came to the house of Thai Kien N1 to buy cashew nuts for company. Then, H knew that N1 also provided work permit for foreigner service and sold fake certificates of working experience and judicial records. At that time, upon acceptance to make work permits for 6 foreigners as required by P, H bought 6 fake certificates of working experience from N1 for USD 280 per certificate In addition, as regularly applying for judicial records for foreigners, H knew that Nguyen Van V is an official of the receipt acknowledgement division affiliated to Department of Justice of Binh Duong Province. H bought 6 fake judicial records from V for VND 1,500,000 per record to apply for work permits for 6 foreigners working for W Apparel Co., Ltd. The process to make fake judicial records took place as follows:  Nguyen Van V received applications for judicial records from H outside the head office without signing or giving a receipt acknowledgement. After accepting to fake judicial records for H, V did not record the receipt of applications in the register of Department of Justice as prescribed and used the computer (with available software) to fill in personal information of foreigners seeking fake judicial records to the form on computer and print them into A4 paper. V wrote reference numbers in the judicial records and cut the signature of Director of Department of Justice in other documents without the seal and pasted it on the signature position of the Director in the printed judicial records and then photocopied them. After that, V bore his signature in the location of official preparing the record and forwarded it to the Office to fix the seal of Department of Justice of Binh Duong Province over the signature of Director to make a complete judicial record and gave it to H after 7 to 15 days and received the charge as agreed. Using the same method as above, V sold H 14 fake judicial records for VND 1,500,000 per judicial record and sold Thai Kien N1 10 fake judicial records for VND 500,000 per judicial record and earned VND 26,000,000. Thus, with work permits made for 6 foreigners working for W Apparel Co., Ltd, after subtracting related costs, H earned VND 30,600,000.

* About October 2011, H came to Binh Duong Province's Immigration Office to apply for temporary residence for foreigners. H met Vu Thi L and told her that H provided fake certificates of working experience for foreigners for USD 350 per certificate and L also told that she charged a fake certificate for VND 3,900,000. Thus, H asked L her phone number to communicate where appropriate. During this time, a person (unknown name) gave H a phone number of a man named Wang, Chinese (aka Mr. V1) to buy fake Taiwan certificates of working experience and judicial records. H discussed and agreed with Mr. V1 that H would buy fake Taiwan certificates of working experience and judicial records for VND 4,000,000 per certificate or record. Accordingly, upon acceptance to make work permits for 15 foreigners working for C Plastic Co., Ltd and 5 foreigners working for Pr Company from Nguyen Thanh P, H bought 13 fake certificates of working experience and 13 fake judicial records from Vu Thi L for VND 3,900,000 per certificate/record and bought 7 fake certificates of working experience and 4 fake judicial records from Mr. V1 for VND 4,000,000 per certificate/record. After subtracting related costs, H earned VND 52,950,000.

About October 2011 (unknown date), as a co-worker in Company P and close friend of H, Phan Thi Anh N2 knew that H bought fake certificates of working experience and judicial records to apply for work permits for foreigners, so N2 told H that there was a newly-corporated Y Co., Ltd in B Industrial Park which N2 got acquainted with someone in this company. She could ask them to let her make work permits for foreigners in this company, then H and N2 would do it together and divide profit into halves. H agreed. So, from October 2011 to April 2012, N2 made work permits and temporary residence cards for 49 Thai people for USD 800 per person and 6 Chinese people for USD 700 per person. All these foreigners have no certificate of working experience, and 16 Thai people have no judicial record. During this time, N2 accepted to make work permits and temporary residence cards for 3 Chinese people (Taiwanese) working for P Co., Co., Ltd. 2 people have no certificate of working experience and judicial record, so N2 charged each person USD 700. 1 person has no certificate of working experience but has a judicial record, so N2 charged him/her 600 USD.

While applying for work permits for 58 foreigners working for Y Technology Co., Ltd and P Co., Ltd, N2 directly received copies of passports, photos and money from these foreigners and led them to have a medical check-up. H bought 45 fake China certificates of working experience and 13 fake China judicial records from Vu Thi L for VND 3,900,000 per certificate/record; bought 13 fake Taiwan certificates of working experience and 02 fake Taiwan judicial records from Mr. V1 for VND 4,000,000 per certificate/record; bought 3 fake Vietnam judicial records from Nguyen Van V for VND 1,500,000 per record. Then, H completed the forms as prescribed and submit applications to the Management Board of Binh Duong Industrial Parks for issuance of work permits. Thus, with work permits and temporary residence cards made for 58 foreigners working for above-mentioned 2 companies, after subtracting related costs, H and N2 earned VND 174,940,000. H and N2 split it into halves, each person earned VND 87,470,000.

Besides the earning of VND 87,470,000, calculating the costs incurred in making work permits, N2 told H that N2 spent 5% of the charge of work permits and temporary residence cards for 49 Thai people working for Company Y on buying invoices which were issued to this company, equivalent to VND 41,415,000. But in fact, N2 did not spend it on that purpose but used it for her personal spending.

* About October 2011, H came to Binh Duong Province's Immigration Office to apply for visas and temporary residence cards for foreigners. He met Dang Thi My H1 who had been working for Y Tanning Company in V Industrial Park. Through chatting, H1 asked H if she know how to apply for a work permit without a certificate of working experience, H said that she could make it. So, H1 hired H to make a work permit for Mr. Y (H1’s husband) working for Company T for USD 450. After that, H bought 1 fake Taiwan certificate of working experience from Mr. V1 to apply for a work permit for Y and the gave it to H1. About 1 month later, H1 asked H if she keeps making work permit as H1 has a friend’s husband seeking a work permit without certificate of working experience and judicial record. H agreed and charged USD 550 for a work permit. H1 received order to make work permits for 2 foreigners working for Company H, 2 foreigners working for Company Y and 2 foreigners working for Company Z and forwarded it to H. Upon acceptance, H bought 2 fake China certificates of working experience and 2 fake China judicial records from Vu Thi L for VND 3,900,000 per certificate/record; bought 4 fake Taiwan certificates of working experience and 2 fake Taiwan judicial records from Mr. V for VND 4,000,000 per certificate/record, and H made 2 fake judicial records by herself. After subtracting related costs, H earned VND 28,750,000.

* In late 2012, as a close friend of H, Pham Thi N3 knew that H usually buy fake certificates of working experience and judicial records to apply for work permits for foreigners. Therefore, from late 2012 to April 2013, N3 accepted order to make work permits for 8 foreigners working for H Textile Co., Ltd. 6 of whom was charged USD 500 per work permit and 2 of whom was charged USD 700 per work permit. Then, N3 hired H to make work permits for VND 8,000,000 and she would earn the difference between the charge and remuneration paid to H. In total, N3 earned USD 1,200, equivalent to VND 25,200,000.

Upon acceptance of the order to make work permits for 8 foreigners working for H Textile Company from Pham Thi N3, as these foreigners have no certificate of working experience and judicial record, H bought 7 fake China certificates of working experience and 2 fake China judicial records from Vu Thi L for VND 3,900,000 per certificate/record; bought 1 fake Taiwan certificate of working experience and 1 fake Taiwan judicial record from Mr. V for VND 4,000,000 per certificate/record, and H made 5 fake Taiwan judicial records by herself. After subtracting related costs, H earned VND 7.600.000.

* About August 2013, Nguyen Thi H2, HR manager of Company F in V Industrial Park, came to the Management Board of Binh Duong Industrial Parks to submit applications for work permits for 2 foreigners in Company F. However, since their Vietnam judicial records show that they have not resided in Vietnam for 6 months as prescribed, the applications were refused. At that time, H was there and witnessed the refusal. So H got acquainted with H2 and told H2 that H could apply for work permits successfully.  Knowing that H would use fake documents to apply for work permits, but in need of work permits, H2 agreed to hire H to make work permits for 2 foreigners working for Company F for USD 470 per permit. However, when claiming the cost with the Company, H2 declared the cost of USD 520 per permit to earn the difference of USD 50 per permit.

About October 2013, H2 accepted to make work permits for 10 foreigners working for T Footwear Company for USD 320 per work permit.      These foreigners have judicial records but have no certificate of working experience. Then, H2 hired H to make work permits for VND 270 per work permit and she would earn the difference between the charge and remuneration paid to H. H2 earned USD 600, equivalent to VND 12,600,000.

After accepting the order to make work permits for 12 foreigners working for Company F and T Footwear Company from Nguyen Thi H2. H bought 12 fake China certificates of working experience and 2 fake China judicial records from Vu Thi L for VND 3,900,000 per certificate/record. After subtracting related costs, H earned VND 29.640.000.

 Upon acceptance to make work permits and temporary residence cards for these foreigners, H did not tell them that H would use fake certificates of working experience and judicial records to apply for work permits. Then, H bought 25 fake China certificates of working experience and 21 fake China judicial records from Vu Thi L for VND 3,900,000 per certificate/record; bought 10 fake Taiwan certificates of working experience and 4 fake Taiwan judicial records from Mr. V1 for VND 4,000,000 per certificate/record; bought 5 fake Vietnam judicial records from Nguyen Van V, and she made 1 certificate of working experience and 2 fake Taiwan judicial records by herself.  After subtracting related costs, H earned VND 115.250.000.

About August 2011, when Vu Thi L came to Taipei Economic and Cultural Office in District 5, Ho Chi Minh City to apply for renewal of passport of Mr. K, a foreigner working for Company G, she met a woman working for a company in City B, Dong Nai Province (unknown full name and address) who also came there to apply for renewal of passport for foreigners in her company. Through chatting about the making of work permits for foreigners, this woman gave L the phone number 0949.511.164 of a man named Tat H, a Chinese freelance interpreter in order for L to contact in case she needs, because all the work permits of foreigners working in her company were all made by Tat H.

Tat H fakes the certificate of experience and juridical record as follows:  Tat H used a laptop, printer and scanner to compose, print the certificate of working experience and judicial record in Chinese and English (according to the real certificate of working experience and judicial record). Tat H asked a man named N4 (unknown full name and address) to come to Ho Chi Minh City (unknown specific address) to make a fake round seal of Ministry of Foreign Affairs of China and the fake signatures of Mr. Le Nguyen T, Nguyen Dinh N (representatives of Ministry of Foreign Affairs of Vietnam in China). Tat H paid N4 VND 5,000,000 for the seal of Ministry of Foreign Affairs of China; and paid N4 VND 250,000 per signature for signatures of Mr. Le Nguyen T, Nguyen Dinh N; and T scanned the round seal of Vietnamese Embassy; Consulate General of Vietnam in China and signatures of other leader representatives of Ministry of Foreign Affairs of Vietnam in China by himself. Tat H also forged signatures of officials working for Ministry of Foreign Affairs of China by himself.

After composing and printing completely, Tat H and Trinh Van N5 (N5 is Hoa’s brother in law) bound a book of fake certificate of working experience and judicial record as same as real. In some cases, Tat H brought documents to private notary offices in district T, district 9, Ho Chi Minh City for translation and notarization and then gave them to Thai Kien N1 and Vu Thi L. Then, N1 and L only need to apply for issuance work permits. If Tat H did not bring documents in Chinese or English for translation and notarization and gave them to Thai Kien N1 and Vu Thi L, Thai Kien N1 and Vu Thi L would bring them for translation and notarization by themselves.

After binding books of fake certificates of working experience and judicial records as same as true, Tat H, in person or hire Trinh Van N5 to, deliver these books to N1 and L.

After L got the phone number of Tat H, in September 2011, knowing that Mr. K, who only has judicial record but no certificate of working experience, wishes to have a work permit, L gave Mrs. W, account manager of Company G, phone number of Tat H. Then, Mrs. W forwarded Mr. K the phone number of Tat H. Mr. K called and discussed with Tat H to make a certificate of working experience for USD 350 per certificate/record. About 20 days later, Tat H finished making certificate of working experience for Mr. K, so Mr. K have Tat H phone number of Mrs. W to contact to receive money and deliver certificate of working experience. After that, Mrs. W gave the certificate of working experience of Mr. K to L in order for L to complete paperwork to issue work permit to Mr. K. On receiving the charge of certificate of working experience, Tat H gave L VND 200,000 of commission as L gave Mrs. W phone number of Tat H. After Mr. K was issued with a work permit, Mrs. W contacted with Tat H to buy 3 more certificates of working experience for 3 foreigners working for Company G for USD 350 per certificate and asked L to complete paperwork to apply for work permits. At that time, Mrs. W knew that certificates of working experience Tat H sold her were fake documents, she only provided copies of passports and foreigners in her company have not worked for any company in China, but the certificates of working experience indicate that companies in China certify that these foreigners had worked there. To enable foreigners to lawfully work in the company, she agreed to order Tat H. Besides, there were 4 more foreigners seeking work permits, so L contacted in person and ordered Tat H 4 fake certificates of working experience to apply for work permits for these 4 foreigners. Mrs. W gave money to L to buy fake certificates of working experience of Tat H and L increased the price to earn the difference. After finishing making work permits for these 4 foreigners, L earned VND 1,800,000 and was given VND 300,000 from Tat H. In total, L earned VND 2,100,000. In addition, L also bought fake certificates of working experience and fake judicial records of Tat H and sold them to H for illicit proceeds.

Besides, L also sold fake certificates of working experience and judicial records to the following persons:

Having worked in general affairs of Company G, L regularly come to Department of Labor, War Invalids and Social Affairs of Binh Duong Province and Division of Labor, War Invalids and Social Affairs of Town T, Binh Duong Province to submit reports and deal with issues related to the Company. So she got acquainted with Nguyen Kim K (Deputy Chief Inspector of Department of Labor, War Invalids and Social Affairs of Binh Duong Province); Nguyen Ngoc T (Official of Division of Wage and Social Insurance affiliated to Department of Labor, War Invalids and Social Affairs of Binh Duong Province) and Phan Van H (Deputy Manager of Division of Labor, War Invalids and Social Affairs of Town T, Binh Duong Province). From these relationships, in early 2012, through discussion with L about making work permits for foreigners, Phan Van H knew that L has sold fake certificates of working experience for VND 4,500,000 per certificate. So, H bought 20 fake certificates of working experience from L and the sold them to Thai Kien N1 for VND 5,200,000 per certificate. For each fake certificate of working experience sold to N1, Phan Thanh H earned VND 700,000. In total, Phan Thanh H earned VND 14,000,000.

After receiving the order for 20 fake certificates of working experience from Phan Thanh H, L ordered Tat H 20 fake certificates of working experience for USD 200,000 per certificate thereafter. After subtracting translation costs, L earned VND 150,000 per certificate. In total, L earned VND 3,000,000.

Besides, through relationship with Nguyen Thi Trung H, Nguyen Kim K knew that L has sold fake certificates of working experience and judicial records for foreigners.  Hence, in March 2012, when Le Thi T, an employee of Company V, asked K to help making work permits for 5 foreigners working for Company V who have no certificate of working experience, K agreed. So, K ordered L 5 fake certificates of working experience for VND 4,300,000 to VND 4,500,000 per certificate. Then, L ordered Tat H 5 fake certificates of working experience for VND 4,000,000 per translated and notarized certificate, L earned VND 1,350,000. In September 2013, when Nguyen Thanh T, the chief accountant of Company V, asked K to help making work permits for 5 foreigners working for Company, K agreed. So, K ordered Lien 5 fake certificates of working experience for VND 3,400,000 per certificate. After that, L ordered Tat H fake certificates of working experience for VND 3,000,000 per certificate. When H and L were denounced, L did not deliver 5 fake certificates of working experience to K and receive money from K.

In August 2012, Nguyen Ngoc T often got in touch and worked with many employees of companies in Binh Duong Province. During this time, a woman, who was an HR employee in a company, asked T to help buying 3 fake certificates of working experience to apply for work permits for foreigners. Through discussion, T knew that L has sold fake certificates of working experience, so T ordered 3 fake certificates of working experience for VND 4,000,000 per certificate. T received VND 12,000,000 from this woman but for personal spending purpose T only paid L VND 3,900,000 in advance, T owed L VND 8,100,000.

While making a confession, T voluntarily handed over VND 8,100,000 owed to L to the Investigation Security Agency of Public Security of Binh Duong Province.

In April 2013, 5 foreigners ordered N3 5 fake certificates of working experience and 1 fake judicial record, N3 charged VND 4,500,000 for a certificate/record. Then, N3 ordered L the same quantity above for VND 4,000,000 per certificate/record to earn the difference. N3 earned VND 2,500,000. After receiving the order of 5 fake certificates of working experience and 1 fake judicial record, L kept ordered Tat H the same quantity for VND 3,700,000 per certificate/record and L earned VND 1,500,000.

In September 2013, having regularly come to the Legal Department of City T for notarization purpose, L knew Nguyen Chi Q, an official working for application receipt division. Quoc knew that L has sold certificates of working experience and judicial records of foreigners, so Q ordered L 2 certificates of working experience and 1 judicial record for VND 3,750,000 per certificate/record. Then, L ordered Tat H 3 fake certificates of working experience and 1 fake judicial record for VND 3,750,000 per certificate/record. After that, L gave Trinh Van N5 phone number of Q in order for N5 to take applications and give fake certificates of working experience and judicial records to Q. L paid Tat H fully but Q still owed Lien VND 1,500,000. Since L only ordered these fake certificates of working experience and judicial records on behalf of Q, L did not earn money from this transaction.

During this time, L also received an order for work permits and temporary residence cards for 2 foreigners working for Son H Co., Ltd in D Industrial Park from the cashier of the company, Hau Cam C (alias Kim H). L charged USD 700 per permit. Then, L bought fake certificates of working experience and fake judicial records for VND 4,500,000 per certificate/record. After subtracting costs incurred in making temporary residence cards, costs paid to the management board of industrial zone to make work permit, publication, and payment made to Hau Cam C equivalent to VND 12,560,000 per certificate/record, L earned VND 4,280,000.

L bought fake Chinese certificates of working experience and judicial records for VND 3,000,000 to VND 4,500,000 per certificate/record. L earned from VND 150,000 to VND 400,000 per certificate/record. Besides, regarding the order for work permits for 2 foreigners working for Son H Co., Ltd, L earned VND 2,140,000 per permit. In total, L earned VND 56,000,000 from sale of fake China certificates of working experience and judicial records and use of these fake documents to apply for work permits for foreigners.

When Tat H sold fake certificates of working experience and juridical records to L. Sometime, Tat H delivered them to L in person, sometime Tat H asked Trinh Van N5 to deliver them to L. Trinh Van N5 delivered L 110 fake certificates of working experience and judicial records. When delivering fake certificates of working experience and juridical records to L, Trinh Van N5 clearly knew that they are fake, because N5 used to make fake certificates and records at the house of Tat H.

In 2011, Thai Kien N1 was working as the HR Manager for Company P. Among 90 Chinese employees in the company, there were 50 Chinese employee had no certificate of working experience and judicial record. Thus, Ms. Liu Ai F (Secretary of Deputy General Director Lui Shu S, Lui Shu S is residing in China now) called Tat H to order 15 fake certificates of working experience for USD 300 per certificate. Then, Ms. Liu Ai F passed the phone to Thai Kien N1 in order for N1 to tell Tat H the way to company. When Tat H came to the company, N1 provided passports, list of positions, current jobs of foreigners working for the company to Tat H and required the cashier to issue a deposit payment voucher to Tat H. About 2 week later, Tat H brought 15 fake certificates of working experience to N1 and received the remaining sum of charge. In subsequent transactions, Nhi ordered Tat H in person 30 fake certificates of working experience and ordered Phan Van H 20 fake certificates of working experience to apply for work permits for foreigners in company P.

Besides, N1 also received an order to make work permits for 25 foreigners (11 of whom has no certificate of working experience and 14 of whom has no certificate of working experience and judicial record). Regarding the 11 people having no certificate of working experience, N1 bought fake certificates of working experience from Tat H for USD 300 per certificate, equivalent to VND 6,300,000. After subtracting related costs, N1 earned VND 2,500,000 per permit, in total, N1 earned VND 27,500,000. Regarding the 10 people having no certificate of working experience and judicial record, N1 bought fake certificates of working experience from Tat H for USD 300 per certificate and bought fake judicial records from Nguyen Van V for VND 500,000 per record. After subtracting related costs, N1 earned VND 30,500,000. Regarding the 4 people having no certificate of working experience and judicial record, N1 bought fake certificates of working experience from Tat H for USD 600 per certificate/record. After subtracting related costs, N1 earned VND 7,720,000.

Thai Kien N1 earned VND 65,720,000 from making of work permits for 25 foreigners. Besides, N1 also bought 20 fake certificates of working experience and juridical records from Tat H for VND 5,380,000 per certificate/record and then sold them to Nguyen Thi Trung H for VND 5,880,000 per certificate/record and earned VND 10,000,000. In total, Thai Kien N1 earned VND 74,720,000.

During investigation process, Phan Thi Anh N2 provided specialized agencies with useful information for taking of evidence to expand the investigation. N2 has good record and has no previous conviction and administrative penalty, N2 showed cooperative attitude and showed repentance for her offense. N2 voluntarily handed over all of her illicit proceeds of VND 128,885,000 to the Investigation Security Agency affiliated to Public Security of Binh Duong Province to transfer to state budget. To encourage the people to denounce crime and the offender to redeems his/her guilt and show leniency of Vietnam’s law, pursuant to Clause 2 Article 25 of the Criminal Code of the Socialist Republic of Vietnam on exemption from criminal liability, the Investigation Security Agency of Public Security of Binh Duong Province grants N2 exemption from criminal liability.

With reference to Nguyen Chi Q, while receiving documents for translation and notarization for H, knowing that they were fake, Q often caused difficulties to H. Q said “The documents are fake, the seals are fake” and returned them to H. Then, Q took initiate to call H and told H that Q knew a way to translate documents for H and told H not to bring the documents to the Legal Department of City T but to Q in person at the following places:  Professional billiards club (on Street D); S coffee shop (next to crossroad C); My L photocopy shop at 529, Street D, Ward H, City T, Binh Duong Province to give certificates of working experience and juridical records to Ho Thi Kim T, an employee of My L photocopy shop. Q charged VND 500,000 to VND 1,000,000 for each translated and notarized certificate or record. H did not know how Q translated or notarized but then receiving the documents back from Q, H saw full of signature of translation collaborator, leader and seal of the Legal Department of City T. Besides, Q also showed H how to scratch and erase to forge the certificate of working experience and judicial record. For each fake Taiwan certificate of working experience or judicial record, Q charged H VND 1,500,000. From early 2012 to July 2013, H paid Q VND 50,000,000 for translation and notarization of certificates of working experience and juridical records. In addition, in August 2013, Q ordered L 2 fake certificates of working experience and 2 fake juridical records for VND 3,750,000 per certificate/record. When ordering Q reminded L “Tell the person in charge to make it nice and try not to smudge the seal, the Embassy’s stamp and seal is the same, the Consulate’s stamp and seal is the same”. Then, L ordered Tat H. When Tat H finished, Tat H asked Trinh Van N5 to deliver fake documents to Vu Thi L and L asked N5 to deliver them to Q at the Legal Department in City T. Q did not pay money on delivery but paid 15 days later and still owed L VND 1,500,000.

During the investigation process, Q denied that Q showed H how to forge Taiwan judicial records and receipt of charge upon translation and notarization of fake certificates of working experience and judicial records and purchase of fake certificates of working experience from L. The Investigation Security Agency of Public Security of Binh Duong Province let L and H confront with Q but Q still upheld the deposition. According to the evidence taken in the case file, there are insufficient grounds to bring criminal prosecution against Q. The Investigation Security Agency affiliated to Public Security of Binh Duong Province shall carry out further investigation.

In First Instance Criminal Verdict No. 151/2018/HS-ST dated May 31, 2018, People’s Court of City T judged:

+ Pursuant to Point b Clause 2 Article 267; Point p Clause 1, Clause 2 Article 46; Article 53 of the Criminal Code 1999, amended in 2009, sentence the defendant Nguyen Thi Trung H to 3 years in prisons.

+ Pursuant to Point b Clause 2 Article 267; Point p Clause 1 Article 46; Article 53 of the Criminal Code 1999, amended in 2009, sentence the defendant Tat H to 3 years in prison.

+ Pursuant to Point b Clause 2 Article 267; Point p Clause 1 Article 46; Article 53 of the Criminal Code 1999, amended in 2009, sentence the defendant Trinh Van N5 to 2 years and 6 months in prison.

In addition, the First Instance Verdict also pronounce the handling of exhibits, court fees and right to appeal as per the law.

After verdict pronouncement,

On June 11, 2018, Trinh Van N5 filed an appeal for commutation of sentence and suspended sentence.  

On June 12, 2018, Nguyen Thi Trung H filed an appeal for commutation of sentence and suspended sentence.

On June 13, 2015, Tat H filed an appeal against the counts.

At appellate court hearing, the representative of the People’s Procuracy of Binh Duong Province expresses the opinion as follows:

Regarding legal proceedings: The defendants appealed the verdict within regulatory time limit, thus, People’s Court of Binh Duong Province brought the case to appellate trial as per the law.

Regarding the appeals of the defendants: Nguyen Thi Trung H has perpetrated the offense multiple times, in total, she has sold 147 sets of documents and earned VND 352,260,000. She filed an appeal but failed to provide any new extenuating circumstances. After filing the appeal, Trinh Van N5 handed over the illicit proceeds. However, the sentence the Court of First Instance imposed on the defendants are not heavy enough. Thus, request the Trial Panel not to accept the appeals of the defendants and uphold the First Instance Verdict on sentences laid down on the defendants.  During the settlement of the case at the appellate trial, the Court duly served court papers and summonses to Tat H twice but he was still absent. Although Tat H filed an appeal, he failed to provide any new item of evidence. Hence, request the Court to try the case in absence of Tat H and not to accept his appeal.

Representation of the advocate for Trinh Van N5: concurring with count proposed by the Court of First Instance. After first instance trial, N5 handed over all of illicit proceeds, request the Trial Panel to grant commutation of sentence to N5 and apply Article 65 of the Criminal Code 2015 to grant him a suspended sentence.

Nguyen Thi Trung H, Trinh Van N5 present their arguments and say their last words, asking for commutation of sentence and suspended sentence.

JUDGEMENT OF THE COURT

On the basis of the content of the case, based on the documents available in the case file, which have been litigated at the trial, the Trial Panel shall determine as follows:

[1] Tat H appealed that his offense was adjudicated by People’s Court of Dong Nai Province in the Verdict No. 64/2016/HSST dated July 29, 2016, and he has completely served the sentence. However, during the settlement of the case at the appellate trial, the Court duly served court papers and summonses to Tat H twice but he was still absent. So the Court kept conducting the trial in his absence.

[2] At appellate court hearing, Nguyen Thi Trung H and Trinh Van N5 pleaded guilty to all offenses stated in the First Instance Criminal Verdict No. 151/2018/HS-ST dated May 31, 2018 of People’s Court of City T. Their pleas of guilty are suitable for their depositions at first instance court hearing as well as evidence available in the case file.

[3] Regarding Tat H: From 2010 to May 2014, Tat H received orders and made certificates of working experience and juridical records and sold them to foreigners seeking work permits. Then, Tat H used fake round seal, fake signatures and then affixed them in fake certificates of working experience and juridical records. In total, Tat H illegally earned VND 456,282,500. Although he filed an appeal, he was still absent twice without any reason. At appellate trial, he also failed to provide any new extenuating circumstances, so the Trial Panel conducted trial in his absence and did not accept his appeal.

[4] Regarding Nguyen Thi Trung H: From late 2011 to October 2013, H received order to make work permits for 147 foreigners working for 23 companies in Binh Duong Province by purchase and re-sale of fake certificates of working experience and juridical records. In total, H illegally earned VND 352,260,000.

In this case, the defendants committed the offenses without organization or mastermind. Considering the role of H in this case, she bought fake documents more than other defendants in the case. H merely bought fake documents from a person and then resold them to foreigners seeking work permits in Vietnam to earn the difference. The purpose of these transactions to enable foreigners to legalize their applications to work for enterprises. Her offense has not caused serious consequences to the order and security in Binh Duong Province. When these foreigners have worked for enterprises, they have not caused any damage to enterprises or development of Binh Duong Province in attraction of economy development. On the other hand, the defendant committed the offense a long time ago (from 2011 to 2013), the offense’s danger to society and enterprises also lessen. After the crime was found, the defendant voluntarily turned herself in and handed over all of illicit proceeds. According to the nature and severity of criminal offense, danger extent to society, extenuating circumstances, criminal record of the defendant, the Court of First Instance sentenced the defendant to 3 years in prison, which is not heavy enough. However, her family has financial difficulties and she has to take care of old mother aged more than seventy. She is pregnant and is preparing for labor. If she has to serve the sentence, she will face difficulties in the rearing and education of her child-to-be.

[5] Regarding Trinh Van N5: In February 2012, Trinh Van N5 has delivered fake certificates of working experience and juridical records multiple times for Tat H and has helped Tat H forge fake certificates of working experience and juridical records at the house of Tat H by gluing books of certificates of working experience and juridical records. In total, Trinh Van N5 illegally earned VND 40,000,000.

Trinh Van N5 filed an appeal for commutation of sentence and suspended sentence. Considering that in this case, N5 was only the delivery man to deliver documents for Tat H to receive remuneration, N5 was the helper in the making of fake certificates of working experience and juridical records. The Court of First Instance sentenced the defendant to 2 years and 6 months in prison, this is a punishment corresponding to his offense, so there is no justifiable grounds for granting a commutation of sentence. After the first instance trial, he voluntarily handed over all of illicit proceeds. This is extenuating circumstance arising out at the appellate trial to consider partial appeal of the defendant.

Considering that the defendants have good record, clear places of residence, their offense’s danger to society lessens, the isolation of the defendants from the society is unnecessary. They should be simply handed over to the local government where the defendants reside for supervision and deterrence to make them good citizens to families and society. Thus, it is necessary to alter the penalty enforcement measures on the defendants and grant them suspended sentence. At the appellate trial time, the Criminal Code 2015, amended in 2017 came into force and Resolution No. 02/2018/NQ-HDTP dated May 15, 2018 comes into force from July 1, 2018 on guidelines for application of Article 65 of the Criminal Code on suspended sentence. Hence, these regulations shall apply to H and N5.

[6] The request of the People’s Procuracy of Binh Duong Province not to accept the appeal and uphold First Instance Verdict against H and N5 is not consistent with the judgment of the Trial Panel. The request of the People’s Procuracy of Binh Duong Province against Tat H is suitable, it should be accepted.

[7] Statement of the advocate for N5 is grounded and should be partially accepted.

[8] Regarding appellate criminal court fees: As Tat H’s appeal is not accepted, he has to pay a criminal court fee, as Nguyen Thi Trung H, Trinh Van N5’s appeals are accepted, they have not to pay criminal court fees.

[9] Other decisions of the First Instance Verdict which do not have any appeal will remain legally effective from the expiry of time limit for the appeal.

Based on the above-mentioned facts and matters,

HEREBY DECIDES

Pursuant to Point b, Clause 1 of Article 355 and Article 357 of the Criminal Procedure Code 2015.

1. Not to accept the appeal of Tat H.

2. Accept partial appeals of Nguyen Thi Trung H, Trinh Van N5.

Correct First Instance Criminal Verdict No. 151/2018/HS-ST dated May 31, 2018 of the People’s Court of City T, Binh Duong Province as follows:

With reference to criminal liability: Declare Tat H guilty of “Forging seals and documents of organizations”. Declare Nguyen Thi Trung H, Trinh Van N5 guilty of “Forging documents of organizations”.

With regard to sentences:

- Pursuant to Point b Clause 2 Article 267; Point p Clause 1 Article 46; Article 53 of the Criminal Code 1999, amended in 2009.

Sentence Tat H to 3 years in prison, the prison term shall commence from the judgment enforcement date, deducting from the detention duration from July 10, 2014 to January 6, 2015.

- Pursuant to Point b Clause 2 Article 267; Point p Clause 1, Clause 2 Article 46; Article 53 of the Criminal Code 1999, amended in 2009; Article 65 of the Criminal Code 2015, amended in 2017.

Sentence Nguyen Thi Trung H to 3 years in prison but in form of suspended sentence, with 5-year probation period, from the appellate pronouncement date (September 17, 2018).

Send Nguyen Thi Trung H to the People’s Committee of Ward P, City T, Binh Duong Province for supervision during the probation period. If the offender who has served the suspended sentence changes his place of residence, Clause 1 Article 69 of the Law on Criminal Judgment Enforcement.

- Pursuant to Point b Clause 2 Article 267; Point p Clause 1, Clause 2 Article 46; Article 53 of the Criminal Code 1999, amended in 2009; Article 65 of the Criminal Code 2015, amended in 2017.

Sentence Trinh Van N5 to 2 years and 6 months in prison but in form of suspended sentence, with 5-year probation period, from the appellate pronouncement date (September 17, 2018).

Send Trinh Van N5 to the People’s Committee of Ward P, City B, Dong Nai Province for supervision during the probation period. If the offender who has served the suspended sentence changes his place of residence, Clause 1 Article 69 of the Law on Criminal Judgment Enforcement.

During the probationary period, the suspended sentence beneficiary deliberately violates the obligations of two or more times, the Court may decide to force the suspended sentence servers to comply with the imprisonment sentence of the suspended sentence.

3. Regarding appellate civil court fee:

Pursuant to Point a Clause 2 Article 23 of Resolution No. 326/2016/NQ-UBTVQH14 dated December 30, 2016 of Standing Committee of the National Assembly on court fees and charges, remission, collection and payment, management and use thereof,

Tat H has to pay VND 200,000 (two hundred thousand dong).

Pursuant to Point a Clause 2 Article 23 of Resolution No. 326/2016/NQ-UBTVQH14 dated December 30, 2016 of Standing Committee of the National Assembly on court fees and charges, remission, collection and payment, management and use thereof,

Nguyen Thi Trung H, Trinh Van N5 do not have to pay a criminal court fee.

4. Other decisions of the First Instance Verdict which do not have any appeal will remain legally effective from the expiry of time limit for the appeal.

The Appellate Verdict takes effect from the date of pronouncement (September 17, 2018)./.


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Verdict no. 90/2018/HS-PT dated september 17, 2018 regarding offence forging seals and documents of organizations

Số hiệu:90/2018/HS-PT
Cấp xét xử:Phúc thẩm
Agency issued: Tòa án nhân dân Bình Dương
Field:Hình sự
Date issued: 17/09/2018
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