Lawyer Nguyen Minh Long - Earlier, on 3-6-2011, CSDT Agency the Ministry of Public Security decided to prosecute the case, the beginning of prosecutions, the same time examine where in, the workplace to Pham Thanh Hai(SN 1977), accounting staff of the Cinema Department, for acts forged and fraudulent appropriation of property.
According to the preliminary investigation, during the period from 2009 to when the detection, Pham Thanh Hai has done many of authorized records prosthesis to withdraw from the account of the Cinema Department the amount of about 42 billion, accounted personal enjoy. After the being discovered, Hai fled to Canada. The time incident is still under investigation.
With several newspapers posting, after the loss of money billion being detected , the responsible person in the Cinema Department is still " settled " ,has made many artists, such as People's Artist Nguyen Duc Luong, People's Artist Tran Phuong, People's Artist Doan Dung, Ass - Dr, Meritorious Artist Tran Duy Hinh, directed by Nguyen Thi Minh Nga, writer Phan Thanh Tu ..., same sign the petition to clarify the responsibilities of the head the film industry. According to the artists, to prolonged losses from 2009 to 2011 with the amount of up to 42 billion, that the Film Director Lai Van Sinh, the account holder of the Cinema Department does not know ,this is strange thing !
Perhaps, the pressure of opinion, the past time both he Mr. Lai Van Sinh and Le Ngoc Minh the submitted resignation . This action is also caused many conflicting opinions. One newspaper quoted the writer Nguyen Thi Hong Ngat - former Chairman of the Vietnam Cinema Association, said: "We should be familiar with culture the resignation ,Vinashin debts hundred trillion nobody resigns, so the resignation of the Cinema Department is commendable ". Contrary to the views of Ms. Ngat, many people said that the resignation of two leaders of Cinema Department is not " commendable", by shake off the responsibility not a good way. They must be in the position to take responsibility of yourself, if possible, shall be subject to disciplinary forms demotion.
Many people also said that, the lost money to 42 billion budget even though there is fraud still seen the responsibility of the Director and Deputy Director. So in addition to considering whether to accept the resignation of Mr. Lai Van Sinh, Le Ngoc Minh, also must consider the criminal responsibility of the two leaders, when order to the agency lost large monies.
Mr. To Van Dong, Office of the Ministry of Culture Sports and Tourism said, although had sent resignation but Mr Minh and Mr Sinh still take control of the Cinema Department, because not applicant is gaining resign immediately. Current, The Ministry of Culture, Sports and Tourism has set up the inspection team began working with the Department of Cinema from days 12-9 to 22-9 . After that, the Ministry of Culture, Sports and Tourism will consider whether to accept the resignation or not.
See things from the viewpoint of laws, lawyers Nguyen Minh Long - Director of Law Dragon (Hanoi lawyers) says : The resignation is personal opinion and the right of every person, but the incident that in Cinema Department if relevant to the responsibilities of the head, even though of the Director and Deputy Director have resigned but is also responsible. In this incident , the competent authority would consider and when to see that the temporary suspension of work in order to clarify of the case is necessary, then the newly resigned. Applicants also is intends of one side.
According to lawyer Nguyen Minh Long, in this incident, Mr. Lai Van Sinh and Mr Le Ngoc Minh are the primarily responsible, along with accounting is a ekep of in the management apparatus, the used of money amounts lost the police investigation agencies said on they will verify particular, but the lack of responsibility of the head of caused the money is lost is already clear. This behavior signs for establishing crime " irresponsibility causing serious consequences" according to Article 285 of the Criminal Code. In addition, the police investigation agencies will clarify if the manager has acts of abusing positions and powers to appropriate the amount of VND 42 billion, private spending, this acts constitutes crime sign " embezzled of property "under Article 278 of the Criminal Code.
Dragon Law Office
Lawyer Nguyen Minh Long