15/04/2023 10:52

Collection of judgments on the crime of taking bribes in Vietnam

Collection of judgments on the crime of taking bribes in Vietnam

I would like to have some judgments on the crime of taking bribes in Vietnam. I hope you can help me. Thanks! _ Mr. Tinh (Ha Giang)

Hi, for the content you requested, Lawnet would like to send you the following judgments:

1. Judgment on taking bribes No. 571/2022/HS-PT

- Level of trial: Appellate

- Judicial body: High People's Court in Ho Chi Minh City

- Quoted content: " Doan Minh L is the Regional Police at the Police Department of Ward X2, District X4, Ho Chi Minh City. Hoang Thanh T1 is a Crime Prevention Police Officer, Ward X2, District X4. Apartment G, address: 278-283 B, in Quarter 1, Ward X2, District X4, Ho Chi Minh City, in the area assigned to be managed by Doan Minh L and Hoang Thanh T1. In order for L and T1 not to check apartments G14.02 and G6.02, apartment G, six subjects were detected with illegal drug use including Nguyen Van D, Lu Nhut S, Pham Ba H3, Ha Manh L3, Lo Hoai P2, and Duong Minh L4, Nguyen Van D (the tenant of the two apartments above) agreed to give money to L and T1. Nguyen Van D repeatedly gave money to defendant Doan Minh L with a total amount of VND 25,000,000 and repeatedly gave money to defendant Hoang Thanh T1 with a total amount of VND 56,000,000. In which, Doan Minh L benefited from a total amount of 45,000,000 VND, Hoang Thanh T1 benefited from 26,000,000 VND, and Vuong Dinh T4 received 10,000,000 VND."

2. Judgment on taking bribes No. 311/2022/HS-PT

- Level of trial: Appellate

- Judicial body: High People's Court in Da Nang

- Quoted content: " May 13, 2020, Nguyen Van T is a primary judge, assigned by the Chief Justice of the People's Court of K city, Kon Tum province, to handle and adjudicate the marriage and family case on "Disputes for divorce, child rearing, alimony, and property division upon divorce" between Ms. Nguyen Thi Thanh D1 and Mr. Nguyen Thanh B. Taking advantage of Mr. Nguyen Thanh B's uncooperative attitude in the process of solving the case, and Ms. Nguyen Thi Thanh D1's desire to quickly solve the case, Nguyen Van T actively called Ms. Nguyen Thi Thanh D1 to discuss the contents of the lawsuit. In order to make Mrs. D1 see the difficulties in solving the case, if she wants to solve the lawsuit claims, she must ask T for help. After that, Ms. D1 asked T to quickly resolve the petition's content requirements. At the same time, Nguyen Van T actively asked Ms. Nguyen Thi Thanh D1 to give T an amount of between VND 20,000,000 and VND 40,000,000 to help solve the case quickly and according to the content of Ms. D1's lawsuit. To cover up the act of accepting bribes, T said Ms. D1 gave the above money in the name of thanks and gave it after the trial was over. T did not tell anyone about Ms. D1's claim or receipt of money. While continuing the trial of the case, T did not declare 02 plots of land in commune C, city K, and the debt of 300,000,000 VND at the request of Ms. D1 due to Mr. Nguyen Thanh B's failure to cooperate in the settlement, which was against the will of T. Ms. Nguyen Thi Thanh D1 then filed a complaint against Nguyen Van T's act of accepting bribes in the amount of VND 20,000,000. When she heard that Ms. D1 made a complaint, T agreed to let her wife, Ha Thi Be E, return the amount of VND 20,000,000 to Ms. D1 and wrote a letter of apology to Ms. D1."

3. Judgment on taking bribes No. 176/2022/HS-PT

- Level of trial: Appellate

- Judicial body: People's Court of Dak Lak province

- Quoted content: "Nguyen Van N, former Principal of N High School, D District, Dak Lak Province, and Mr. Le Thai H, former teacher of Physical Education, National Defense and Security Education at N High School.On September 9, 2014, Mr. Le Thai H's wife gave birth to twins, so on January 8, 2015, Mr. H applied for an unpaid leave of absence (from January 1, 2015 to May 30, 2015), to return to N.H made a written request for leave with the Department of Physical Education, National Defense and Security Education and signed and confirmed by Mr. Pham Thanh T, Head of the Department and Ms. Hoang Thi Thuy H, the union president. Mr. H then brought an application to Nguyen Van N, the school's principal, for leave with the content according to the application. N did not confirm the application, but directly told H that it was very difficult to handle leave, so Mr. H's application for unpaid leave was not approved by N. Mr. H went to N's house to continue to apply for a leave of absence from teaching, however, N only agreed to let H take 3 weeks off. After that, H wanted to take a longer break from teaching, so he contacted N by phone to ask for a long leave of absence (about 3 months). Through this contact, H suggested giving money to N, and promised to send N between 2,000,000 and 3,000,000 VND each month to be settled. N agreed."

4. Judgment on taking bribes No. 55/2022/HS-PT

- Level of trial: Appellate

- Judicial body: People's Court of Ninh Thuan province

- Judicial body: "Head Thi Tien L is a civil servant, working at the People's Committee of Commune C, assigned the task of taking general responsibility for the field of cadastral - Construction - Agriculture and Environment; in charge of the field of granting land use rights certificates; keeping building orders; handling complaints; and being on duty at the one-stop shop; receive, process, and advise the People's Committee of the commune, the Land Registration Council, on whether to consider and grant the dossiers of the land users who apply for the certificate of land use rights in the commune. On October 1, 2020, Nguyen Van Th went to the People's Committee of Commune C to meet with Head Thi Tien L to submit an application for a land use right certificate. After submitting the application, Th asked L to pay the relevant fees, and L agreed. Th gave up 3,700,000 VND, specifically: the first time: 500,000 VND for the notarization fee of authorization contract; the second time: 700,000 VND for the extraction fee; and the third time: 2,500,000 VND to pay related fees and charges. The amount above L has been spent on paying fees and charges for granting land use rights certificates. L continued to advise the People's Committee of the commune to transfer the dossier to the Land Registration Office N, Thuan N district branch, to carry out procedures for granting a land use right certificate to Th. Then Mayor Thi Tien L reprocessed the dossier to supplement documents as required. Nguyen Van Th called to ask how much money L needed to complete the application, L said 10,000,000 VND, and Th agreed. Th sent to L 5,000,000 VND in advance, try to complete the application, when finished, let me know to send more and give 5,000,000 VND…"

5. Judgment on taking bribes No. 438/2021/HS-ST

- Level of trial: First instance

- Judicial body: People's Court of Thu Duc City, Ho Chi Minh City

- Quoted content: "Ho Quynh P is a settlement specialist of V Consulting and Construction Co., Ltd. in the L neighborhood. M Construction and Engineering Co., Ltd., address: Quarter A, Ward B, District C have signed a contract for the construction of package item "digging and transporting soil on the road surface back out of the ring road 3" site under the project of urban area V, ward T, Thu Duc city, whose contract value is 1,836,224,775 VND and the term is 02 years (m3 unit price is 35,000 VND). Company M assigns Mr. Truong Ba N, who is the company representative, to contact P to carry out the procedures for the advance, payment, and settlement of money according to the signed contract. On January 15, 2020, Mr. N made an advance settlement dossier and sent it to Group Z. Group Z hands over the file to P to settle the first advance payment in the amount of VND 918,112,388 to Mr. N. On April 16, 2020, Mr. N sent P the 2nd installment payment application with the amount of 470,291,620 VND. After P received the dossier, checked that the transportation slip for 3,383 m3 of land was missing, P requested that if Mr. N wanted to pay the 2nd installment, he must divide the value of 3,383 m3 of land in half, equivalent to the amount of 65,000,000 VND, and only then do the final settlement procedures for Company M. Then P agrees to provide P's wife's bank account number to receive money from customers. On June 9, 2020, Ho Quynh P received an amount of VND 30,000,000 in the form of a bank transfer from Mr. N to settle the fast payment settlement for Company M. However, after more than 1 year from the date of remittance, P has not completed the remaining settlement documents for Company M. On April 15, 2021, Mr. N filed a complaint against P to Thu Duc City Police. ."

Hua Le Huy

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