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The reason why the Supreme Procuracy has not prosecuted former deputy minister Cao Minh Quang

Friday, May 27, 2022 07:10 AM (GMT+7)

Instead of filing an indictment, the Supreme People’s Procuracy issued a decision to return the file and request additional investigation into the case involving former deputy minister Cao Minh Quang.

The Supreme People’s Procuracy recently issued a decision to return the file, requesting additional investigation of the case related to violations in the purchase and production of Tamiflu/Oseltamivir drugs to prevent influenza A/H5N1. This is a case that happened 16 years ago, with the joint responsibility of a series of former leaders and officials of the Ministry of Health.

Request to clarify mistakes of former deputy director Nguyen Viet Hung

In the decision to return the file, the Supreme People’s Procuracy said that it is necessary to clarify the misconduct of Mr. Nguyen Viet Hung, former deputy director of the Drug Administration of Vietnam, the Ministry of Health, in inspecting the company. Cuu Long Pharmaceutical. As a result, Cuu Long Pharmaceutical Company withheld more than $3.8 million without reporting it to the Ministry of Health.

At the same time, the Supreme People’s Procuracy proposed that the Ministry of Public Security’s Investment Police Agency continue to urge the declassification of documents to serve as a basis for solving the case. Because in the investigation conclusion issued earlier, the Investigation Police Agency of the Ministry of Public Security said that the case file contained a number of documents belonging to state secret documents, so it proposed to the Government Office, the Ministry of Health, and the Ministry of Public Security. Financial implementation but so far no results.

The reason the Supreme Procuracy has not prosecuted former deputy minister Cao Minh Quang - 1

Three defendants Cao Minh Quang, Duong Huy Lieu and Nguyen Nam Lien (from left to right). Photo: CA

In this case, Mr. Cao Minh Quang (former deputy minister) and three subordinates at the Ministry of Health are Nguyen Nam Lien (former deputy director of the Department of Planning and Finance), Duong Huy Lieu (former director of the Department of Planning and Finance). ) and Pham Thi Minh Nga (former chief accountant of the Management Board of the influenza A pandemic prevention plan) were both prosecuted for being irresponsible, causing serious consequences.

Four other people, former leaders and officials of Cuu Long Pharmaceutical Company, were also prosecuted for abusing their positions and powers while on official duty, including Luong Van Hoa (former general director) and Nguyen Thanh Tong (former deputy general director in charge of finance).

“Budget loss” 3.8 million USD

In 2005, the influenza A/H5N1 epidemic developed complicatedly, the Ministry of Health reported to the Prime Minister to issue a decision approving the plan to stockpile Tamiflu and produce Oseltamivir to prevent epidemics in Vietnam. Among the enterprises ordered by the Ministry of Health to produce oseltamivir, Cuu Long Pharmaceutical Company is an option.

From February to April 2006, Cuu Long Pharmaceutical Company imported 520 kg of Oseltamivir material for $9.1 million from Mambo Company (Singapore). Cuu Long Pharmaceutical Company has paid Mambo Company 5.25 million USD, the remaining more than 3.8 million USD is delayed for six months from the date of receipt of goods.

Later, when the price of raw materials fell, defendant Luong Van Hoa directed his subordinates at Cuu Long Pharmaceutical Company to ask Mambo Company to reduce the price by more than $ 3.8 million, and at the same time complete the paperwork to keep it off the books. This money.

In many times working with the Ministry of Health, Mr. Hoa failed to report and falsely reported the discount on raw materials. When being discovered and asked to report on the payment for raw materials, the accused continued to direct his subordinates to go through procedures around the clock to legalize payment records.

The conclusion determined that up to now, Cuu Long Pharmaceutical Company has not paid more than USD 3.8 million for the purchase of Oseltamivir raw materials for Mambo Company. This is the price difference, so in principle, the company must pay back to the state budget.

On the side of the Ministry of Health, the defendants at this agency were accused of being irresponsible in checking and reviewing, thus failing to detect that Cuu Long Pharmaceutical Company had a discount of more than $3.8 million. Mr. Duong Huy Lieu and Nguyen Nam Lien claimed that due to omissions and busy work, when liquidating the contract, they did not check and re-evaluate, so they did not know that Cuu Long Pharmaceutical Company retained more than $3.8 million at a discount. .

Meanwhile, Mr. Cao Minh Quang admitted that after the inspection team discovered that Cuu Long Pharmaceutical Company had not paid more than US$3.8 million to the supplier, it had not directed the inspection further. When assigned by the minister to deal with it, Mr. Quang directed the Drug Administration of Vietnam to carry out many contents but it was not clear the inspection with Cuu Long Pharmaceutical Company.

What violations did the former deputy director commit?

Still according to the investigation conclusions, Mr. Nguyen Viet Hung (who was requested to investigate by the Supreme People’s Procuracy) was assigned as the head of the interdisciplinary inspection team. Mr. Hung discovered that Cuu Long Pharmaceutical Company withheld more than 3.8 million USD but did not recommend further inspection.

After the Ministry of Finance proposed to continue the inspection, because former Deputy Minister Cao Minh Quang did not direct the organization to conduct further inspection, Mr. Hung had to comply.

The investigative agency determined that Mr. Hung had shortcomings, but as a subordinate, he had to follow the instructions of his superior, not yet to the point of having to be criminally handled.

In the case of trafficking in counterfeit medicines, which were brought to trial a few days ago, Mr. Hung was sentenced to three years in prison by the Hanoi People’s Court for being irresponsible, causing serious consequences.

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