SB Law participates in defending the Client, who is the Defendant in a Criminal Case concerning Violations of Bidding Regulations Causing Serious Consequences

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On January 15, 2025, the People's Court of Ho Chi Minh City convened a trial for the case involving Hoang Minh Ba, Tran Thi Binh Minh, and 11 accomplices on charges of "Violating bidding regulations causing serious consequences" and "Abusing positions and powers while performing official duties" under Clause 3, Article 222, and Clause 3, Article 356 of the Penal Code. The violations occurred at the Research and Development Center of the Ho Chi Minh City Hi-Tech Park, T.S.T Technical Services Trading Co., Ltd., and the Ho Chi Minh City Department of Planning and Investment.

Lawyer Do Xuan Thu - SBLAW

According to the Indictment of the People's Supreme Procuracy: From 2016 to 2018, while the Management Board of the High-Tech Agricultural Park and the Research and Development Center of the Hi-Tech Park, as the Investors, were assigned by the Ho Chi Minh City People's Committee to organize and implement the bidding for the Project for Upgrading and Procuring Machinery and Equipment for Research and Experimental Production of Microelectromechanical Products in Ho Chi Minh City and the Project for Laboratory Equipment for Conservation, Breeding, and Development of Fungal Strains for Agricultural Production and Environmental Treatment in Ho Chi Minh City, Mr. Hoang Minh Ba, former Director of T.S.T Technical Services Trading Co., Ltd., used companies established by him and his wife as "green troops" (dummy bidders). He directed his subordinates to falsify bidding documents and colluded with certain personnel from the Investors and officials from the Ho Chi Minh City Department of Planning and Investment to facilitate T.S.T Technical Services Trading Co., Ltd. in winning two contract packages under the Mushroom and MEMS Projects, with a total value of VND 159.586.000.000. These acts caused losses to the State totaling VND 39.438.638.033.

Based on the evidence and case files, the People's Supreme Procuracy has proposed the following sentences for the defendants: Hoang Minh Ba, 8 - 9 years of imprisonment; Tran Thi Binh Minh, 7–8 years of imprisonment; and other accomplices, 3–6 years of imprisonment depending on their level of involvement in the case.

In this case, the Client of SB Law is a Defendant – one of the personnel under Mr. Ba’s authority and the indictment recorded that our Client was found to have violated Article 89 of the 2013 Law on Bidding (failing to ensure fairness and transparency in the bidding of two projects).

Immediately after receiving the Client’s request for legal services, SB Law Limited Liability Company assigned a team of Lawyers and Legal Experts to assist the Client throughout all stages of investigation, prosecution, and trial. During the resolution of the case, SB Law utilized its expertise to analyze and clarify the legal elements related to the case, closely supported our Client during interrogations, depositions, and confrontations at the investigative agency and carried out procedures to collect additional evidence and documents. These efforts aimed to seek mitigating measures for our Client’s sentence.

Throughout the three-day trial (January 15 – 17, 2025), SB Law’s Lawyer presented arguments and defended our Client. In the defense statement, SB Law’s Lawyer clarified critical legal details regarding our Client’s minor role in the case. This included highlighting that our Client merely acted as an employee following the directives of his superiors and was not involved in any discussions with the Investors or Mr. Bá to facilitate T.S.T Company’s winning of the bids. Furthermore, under the provisions of the current Penal Code, mitigating circumstances were also identified, including our Client’s sincere confession and remorse, as well as his voluntary compensation and efforts to remedy the consequences. These points were utilized by SB Law’s Lawyer to request the Trial Panel to consider and reduce our Client’s sentence.

At the conclusion of the trial, the Trial Panel pronounced the sentences for the defendants in the case as follows:

- The defendants convicted of “Violating bidding regulations causing serious consequences” were sentenced as follows: Hoang Minh Ba, 8 years in prison; Dinh Minh Hiep, 7 years and 6 months in prison; Nguyen Tran Long, 6 years in prison; Pham Tan Kien, 6 years in prison; Tran Duy Phuoc, 5 years in prison; Nguyen Dai Duong, 5 years in prison; Pham Van Vinh, 4 years in prison; Ngo Vo Ke Thanh, 6 years in prison; Nguyen Duc Quynh, 5 years in prison; Huynh Trong Nghia, 4 years in prison; Nguyen Chi Tan, 4 years in prison.

- The defendants convicted of "Abusing their positions and powers while performing official duties" were sentenced as follows: Tran Thi Binh Minh, 7 years in prison; Phan Tat Thang, 5 years in prison.

With dedication, effort, and the highest level of responsibility, Lawyer Nguyen Thanh Ha and Lawyer Do Xuan Thu, along with the legal team at SB Law Limited Liability Company, fully committed to studying the case files, closely supporting the Client, and carrying out all necessary legal tasks as required by law, to protect the Client’s rights and legitimate interests to the fullest extent in this case.

Read more >> Criminal Matters

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