Taking advantage of the developments of two “hot” cases to distort and smear the institution

Specifically, on March 29, the Investigation Police Agency of the Ministry of Public Security issued a decision to prosecute a criminal case, prosecute the accused, and issue a temporary detention order for Mr. Trinh Van Quyet, Chairman of the Board of Directors of JSC FLC Group.

Previously, on March 24, the Ho Chi Minh City Public Security Bureau issued a decision to prosecute the criminal case “Abusing democratic freedoms to infringe upon the interests of the State, the legitimate rights and interests of the State.” of organizations and individuals”, specified in Article 331 of the Penal Code, and at the same time prosecuted the accused and the arrest warrant for Ms. Nguyen Phuong Hang, SN 1971, General Director of Dai Nam Joint Stock Company, for acts as above.

These are two famous individuals who first come from wealth and business activities in the marketplace. With the accused Trinh Van Quyet, in addition to the reputation of FLC Group, which he plays as Chairman of the Board of Directors, the individual’s massive assets are among the top in the country, of which the peak in 2016 was the Vietnamese stock market. At that time, Mr. Quyet’s fortune was about 34,000 billion VND from 289.6 million ROS shares (equivalent to 67 million shares). .34% shares of FLC Faros) and 114.2 million shares of FLC (equivalent to 17.9% shares), excluding real estate assets and real estate in regions.

Nguyen Phuong Hang, Vice Chairman of the Board of Directors and CEO of Dai Nam Joint Stock Company, also owns a huge fortune and she once revealed via livestream: “If we talk about assets, 500, 700 million dollars to 1 billion dollars. I have… Every time I appear there will be a different set of jewelry. My diamonds are up to kilograms… I drive cars of 40, 50 billion, having a few is normal. How many houses do I live in, the red book I weigh”…

After the two individuals were prosecuted and taken into custody, on many overseas websites, anti-social organizations and individuals raised questions to change the nature and steer the case to a negative direction. . The tricks of the object are:

Firstly, misrepresenting the prosecution and investigation of the above accused as “targeting the business world and the super-rich”. Viet Tan page advertises “The campaign to fight the bourgeoisie has begun”, from which it is deduced: “Many billionaires have been arrested one after another, others are expected to be examined in the near future. In the context that the country’s economy is in a state of bankruptcy, there are many speculations about the campaign against the bourgeoisie in Vietnam”!

More dangerously, the article fabricated a story that the State “was exhausted” of assets after the COVID-19 pandemic, saying that in the next 3 years, it must pay 1.2 million billion in public debt, so “that’s why the rich are on the cutting board.” “! From the above words, the article aims to attract comments criticizing the Party and State, saying that there is a policy of “beating” on businessmen, corporations and private companies to “deterrence” ” and “robbing capital”. This is a dangerous type of distortion, deliberately changing the nature of the case, turning it into a political issue, thereby inciting anti-corruption.

Second, the subjects made up the story that “there was a power struggle”, claiming that the individuals being prosecuted were the cards being dealt. In an article titled “The Party’s prey cannot be ignored” posted on the Viet Tan website, the writer fraudulently turned the prosecution of the accused into “two real estate giants Nguyen Phuong Hang and Trinh Van. Quyet has become the prey of the forces that are fighting with each other”, thereby disparaging “living under the current communist dictatorship, the giants, the tycoons or the rich are all the is in the sights of Communist Party leaders, even if they do genuine business, they cannot escape”! Some comments also support this argument, accusing the prosecution and detention of the accused as “political intentions” to steer and distort the criminal case into “questions of internal infighting”. “.

Third, the subjects continued to criticize the crime of “abusing democratic freedoms and rights to infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals”, specified in Article 331 of the Penal Code. , thereby misrepresenting that the prosecution and detention of defendant Nguyen Phuong Hang is arbitrary, suffocating democracy. Some articles have linked previous cases with this crime to give a gray picture of freedom and democracy in Vietnam, arguing that Article 331 of the Penal Code is “only to serve the party”, to imprison those who ” The party doesn’t like it.”

Fourth, from making unfounded doubts to deduce, criticizing the agency conducting the proceedings, criticizing the Party and State. The Investment Police Agency of the Ministry of Public Security has issued a decision to prosecute the accused and a temporary detention order for the accused Trinh Van Quyet for manipulating the stock market. According to the investigative agency, Mr. Quyet was prosecuted and detained to clarify violations related to the previous sale of 74.8 million FLC shares. Also related to this “underground” sale of shares, Mr. Quyet was administratively fined 1.5 billion dong, suspended from securities activities for 5 months by the decision to sanction administrative violations for the act of “failing to report about expected transactions” from the State Securities Commission (SSC). Regarding this case, someone asked: Why did the State Securities Commission decide to fine Mr. Trinh Van Quyet 1.5 billion dong and suspend securities activities for 5 months but still being prosecuted? From that, it is said that an act of both administrative handling and criminal handling is an expression of “abuse of power”, criminalizing administrative issues. Thereby, deducing the case is being pushed to the criminal to serve other purposes and intentions!

The above argument can cause ignorant people to be distracted by the subjects, thinking that there is a secret behind the case, the police agency broke the law. In fact, this issue has been clearly explained by the Police Department of the Ministry of Public Security. Major General Le Van Tan, Deputy Chief of the Office of the Investigation Police Agency of the Ministry of Public Security, said that in January 2022, Mr. Quyet was administratively sanctioned for his act of failing to report and not disclosing information before performing transactions according to the law. Decree 128/2020/ND-CP on sanctions in the securities sector.

After conducting verification and investigation, the authorities discovered that in the case of under-selling stocks on January 10, 2022, Mr. Quyet had many sophisticated tricks and tricks to create fake supply and demand and push share price in order to gain illicit profits from VND 500 million or more. Therefore, the Investment Police Agency of the Ministry of Public Security has prosecuted for the act of manipulating the stock market.

In case the authorities have administratively sanctioned but later determine that the violation constitutes a crime and must be criminally handled, the investigating agency will initiate a prosecution to investigate and handle according to regulations. under the law. Accordingly, after being prosecuted and investigated, all previous administrative sanctioning decisions are invalid,” said Major General Le Van Tan.

According to the CQDT, Mr. Quyet’s behavior of manipulating the stock market negatively impacted the market and caused great damage to investors. In addition to Mr. Quyet, who has been prosecuted and detained, currently, the Police Department of the Ministry of Public Security is actively investigating individuals who actively help the accused to commit violations. During the verification and investigation process, the police agency will consider and clarify the purpose and role of each person to strictly handle in accordance with the law. If those people perform acts in the name of a company (legal entity) to gain illicit profits for the unit, depending on the degree of damage caused to investors and the amount of illicit profit, this legal entity may may be fined from 2 to 10 billion VND.

In case a person commits acts in the name of an individual, abets the market to manipulate the market for illegal self-interest, causing damage to investors, if there are enough signs to constitute a crime, he/she will be criminally handled. In addition, these subjects must also pay civil compensation to investors who suffer damage caused by criminal acts. Thus, there is no such thing as an act that is “administratively handled if you like it, criminalized if you don’t like it” and not an act that will be handled both administratively and criminally. This explanation has been clearly explained by the Investigation Police Agency, but some subjects still “don’t know” to find ways to smear and criticize.

Here, we need to see that the two cases above are of particular interest to the public because the criminal subjects are individuals with rich economic status and influence in social life. However, that nature of the criminal subject does not change the nature of the case. The prosecution and investigation are based on the elements constituting a crime, including violations of the crimes specified in the Penal Code, as for Mr. Quyet, it is a violation of securities activities, for Ms. Hang, it is wrong. abusing freedom and democracy to infringe upon the legitimate rights and interests of individuals and organizations. That violation has enough elements to constitute a crime and the investigation agency prosecutes for investigation and clarification. Cannot use any reason to direct the case to political issues, cannot use the excuse that the accused are rich businessmen to misrepresent it as a “campaign against bourgeoisie”, “attack on the economy”. private”. All defendants, when being prosecuted and investigated, are based on the violated acts, objects, and fault factors, without any excuse to distinguish the private economy from the private sector. other economic.

All economic sectors are facilitated to develop, in which the private economy has been identified by our Party as “really becoming an important driving force in economic development”. This is a major and consistent policy of the Party, both to promote the further development of the private economy, and to promote the role of this economic sector in socio-economic development, security and defense consolidation. The successes achieved by FLC Group as well as the personal role of Mr. Trinh Van Quyet are thanks to that consistent policy of the Party, which is facilitated to promote the development of the private economy. However, all have a regulatory legal framework, any act that violates the provisions of the criminal law and is dangerous to society will be investigated and handled according to regulations and the handling is not distinguishing criminals from any economic category, whether billionaires, millionaires or other classes. Therefore, it is not possible to smear and distort or cheat the nature of the case.

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