Why Nguyễn Thị Như Loan Was Granted a Suspended Sentence After Repaying Over 230 Billion VND

The decision to grant a suspended sentence to defendant Nguyễn Thị Như Loan, CEO of Quốc Cường Gia Lai Joint Stock Company, in the VRG (Vietnam Rubber Group) case reflects the court’s balancing of criminal law provisions with policies aimed at encouraging private sector development.

According to the verdict, a key factor was that Ms. Loan proactively returned the full amount of personal gains to remedy the violations. Total repayments exceeded 230 billion VND, enabling full recovery of state assets lost due to her personal responsibility in the case.

Legal basis and policy considerations

The court viewed this repayment as a decisive basis to apply measures that do not isolate the defendant from society, consistent with the law’s humanitarian approach toward individuals who actively repair wrongdoing.

Legally, the court applied the spirit of Resolution 68/NQ-TW of the Politburo on private sector development. The resolution emphasizes prioritizing remedies for consequences as an important basis for determining subsequent handling of violations committed by private sector entities.

Quốc Cường Gia Lai is described as a private economic organization that contributes significantly to taxes and budgets across multiple localities, while also providing stable employment for thousands of workers. The suspended sentence allows Ms. Loan to continue operating the business, maintain production and business activities, and help avoid negative downstream effects on shareholders and employees.

Assessment of the defendant’s role and sentencing conditions

Regarding the nature of the acts, the verdict characterizes Ms. Loan as an accomplice rather than the mastermind or leader in the transfer of the 39-39B Ben Vân Đồn project. At trial, she was recorded as cooperative and remorseful, with a good conduct history and no prior convictions.

With a clear place of residence, stable occupation, and no disqualifications from receiving a suspended sentence, Ms. Loan met the quantitative criteria under Article 65 of the Penal Code. The mitigating circumstances were also agreed upon by the representative of the People’s Procuracy when proposing the suspended sentence in the indictment.

Sentences for other defendants in the case

The verdict also differentiates among defendants based on their roles in causing losses of state assets.

• Defendant Lê Quang Thung, former acting Chairman of the Board of Vietnam Rubber Group, received the highest aggregate sentence of 14 years in prison for two offenses: violations of asset management regulations and taking bribes.
• Defendant Lê Y Linh, former Director of Viet Tin Co., Ltd, received 7 years and 6 months.
• Defendant Đặng Phước Dừa, former Chairman of the Board of Phú Việt Tin Joint Stock Company, received 7 years.

The group was found to have directly carried out a chain of actions transferring the project illegally, without price appraisal and auctions as required by law.

In total, 10 out of 22 defendants in the case were sentenced to suspended terms, including defendant Nguyễn Thị Hồng, former Vice Chairman of Ho Chi Minh City People’s Committee.

Ms. Hồng was found to have committed the offense due to subjective reliance on subordinates. The verdict notes that she is elderly, in poor health, and has multiple illnesses. Overall, the application of suspended sentences to a large portion of the defendants indicates the court’s consideration of individual circumstances, the context of the offenses, and efforts to repay damages, aiming to ensure fairness and adherence to the rule of law.