Former Principal's Tearful Plea for Acquittal in Vietnam's Education Fee Case

In a Hanoi court, former middle school principal Nguyen Thi Binh tearfully pleaded for acquittal in a decade-old case involving extra-curricular class fees. During her final defense statement on November 11, Binh, who served as principal of Ba Dinh Secondary School, spoke for over 30 minutes, emotionally urging the judges to "have the courage to deliver a fair verdict and correct the mistakes of colleagues at the first instance." She implored them not to "just see the defendant through cold hồ sơ pages, but to look directly into the eyes of the people struggling at the bottom of the truth." Binh argued that "wearing the cloak of law does not mean we have to set aside compassion," emphasizing the "dangerous and great" mission of judges who hold the "destiny and honor of a human life" in their hands. She also expressed gratitude for the support from parents, former students, and her family, as well as her team of eight lawyers, some of whom are former judges. The court session, on its second day at the Hanoi People's Court, concluded at 6:30 PM after Binh's closing statement. The prosecution, represented by the Hanoi People's Procuracy, maintained its stance, requesting the annulment of the first instance ruling and a new investigation. The prosecution acknowledged that the collection of fees was correct but argued that the subsequent disbursement was unlawful. They pointed to instances where funds allocated for facilities were allegedly used for purposes like purchasing offerings for worship and flower wreaths, indicating a lack of control and misuse of funds. They stated that while the initial ruling only mentioned "over-spending," the appellate procuracy had considered and calculated based on the total 30% of revenue allocated to the school. Earlier that day, Binh had collapsed after hearing the prosecution's arguments. Throughout the morning's proceedings, Binh sat alone on a long bench behind the defendant's stand, surrounded by stacks of documents, constantly searching and taking notes. In response to the prosecution's views, she requested to speak, claiming the prosecutor's work lacked objectivity and fairness, making it "unbearable." Her impassioned and loud statements led the court to ask her to calm down and stop speaking. Moments later, an ambulance arrived at the court premises, and she was escorted out by relatives. Central to the case is Hanoi's Decision 22/2013, which set the maximum tuition fees. Binh is accused of collecting fees exceeding this limit. However, following the first instance trial, the Legal Document Inspection and Organization Department of the Ministry of Justice issued a document stating that Decision 22 was inappropriate in setting tuition fee ceilings, and Hanoi's Department of Education and Training had issued guidance on maximum collection amounts incorrectly. Subsequently, the Hanoi People's Committee abolished Decision 22/2013 entirely. During the morning's arguments, lawyer Tran Hong Phuc questioned the "absolute legal value" of the Ministry of Justice's conclusion. A representative from the Ministry, present by summons, reaffirmed this stance. However, representatives from the Hanoi Department of Education and Training and the Hanoi People's Committee provided different responses. Lawyer Phuc cited an instance where an official from the Hanoi People's Committee initially affirmed the legality of Decision 22 but later changed his stance, stating they needed to convene and seek opinions from the Committee. Phuc protested this "ambiguous" response, arguing that the Ministry's conclusion inherently had legal force, and the city was obligated to comply without further internal meetings. She further argued, based on Decree 79/2025, that management agencies are mandated to immediately address unlawful documents upon receiving inspection conclusions from the Ministry of Justice. According to Phuc, since Hanoi's Decision 22 was "invalid from the root," the entire basis for accusing the defendants of dereliction of duty or causing property damage had "completely collapsed." Therefore, the defense lawyers requested the court to annul the first instance verdict and declare the defendant not guilty. Some defense lawyers for Binh also argued that the case lacked clarity regarding the calculation of damages and the actual amount of loss, and no one had come forward to claim they were harmed. Mr. Vu Dinh Lam, Head of the Parent Association for Ba Dinh Secondary School during the 2013-2014 academic year, stated that parents were aware of and agreed with the fee collection and expressed hope for Binh's acquittal. Source: VnExpress