Former Health Minister Kim Tien Absent from Appeal Hearing Seeking Suspended Sentence

Former Vietnamese Health Minister Nguyen Thi Kim Tien was absent from the appeal hearing for her case involving violations of state asset management regulations. She submitted a request to be excused, stating she is undergoing inpatient treatment at Thong Nhat Hospital in Ho Chi Minh City and cannot travel to Hanoi for the court session. The appeal trial, held in Hanoi on September 25-26, was convened by the Supreme People's Court's Appellate Chamber for the appeals filed by Tien and the nine other defendants in the case concerning violations of regulations on the management and use of state assets, causing losses and waste at two projects: Bach Mai Hospital and Viet Duc Hospital's second facility in Ninh Binh. All 10 individuals are appealing for reduced sentences or suspended sentences, as well as a reduction in the amount of compensation they must pay. In the first-instance trial in May, the former minister was sentenced to six years in prison and ordered to pay 108 billion VND (approximately $4.5 million USD). The court noted that her son had already paid 24.5 billion VND (approximately $1 million USD) on her behalf. During the procedural part of the hearing on the morning of September 25, the panel of judges read Tien's request for absence, but did not specify her medical condition. Defendant Nguyen Doan Tu, former Deputy Head of the Medical Equipment and Construction Department under the Ministry of Health, also requested a postponement due to lipid metabolism disorder and diabetes. The court, however, deemed these conditions not sufficiently convincing grounds for absence. The Ministry of Health and the State Capital Investment and Trading Corporation (SCIC) were summoned to appear, but neither entity was present. Nevertheless, the prosecutor's office argued that these were not force majeure events and recommended the court proceed with the trial. According to the first-instance court, Tien held the fourth highest role in the case. While she did not directly cause the consequences, she made errors in approving plans related to the selection of the design consulting unit. This was identified as the basis and premise leading to subsequent violations. Tien was also determined to have received 7.5 billion VND from her subordinates, out of a total of 100 billion VND paid by contractors to the Project Management Board. At the first-instance trial, the former minister accepted responsibility as the leader, admitting she had urged her subordinates, inadvertently creating pressure. She asserted that she worked with "pure intentions," aiming to build a hospital that could serve the people for hundreds of years, but the outcome was not as desired. The possibility of a suspended sentence hinges on meeting six conditions stipulated by the Supreme People's Court, including a prison sentence not exceeding three years, being a first-time offender, fulfilling civic duties, having at least two mitigating factors, a clear place of residence or stable job, the ability to reform and pose no danger to society, and not causing adverse effects on security, order, and safety. The resolution also outlines cases where suspended sentences are not granted, such as for ringleaders, instigators, or those who are persistent, violent, abscond, are wanted, commit multiple offenses, or are repeat offenders. Tien and the other nine defendants must satisfy all these conditions and not fall under any exclusionary circumstances for the appellate court to consider granting suspended sentences. Source: VnExpress