HCM City (VNA) – The People’s Court of Ho ChiMinh City on September 24 opened the first-instant trial on 12 people accusedin the “trading in fake goods being curative medicines” case at the VietnamPharma Joint Stock Company (VN Pharma).

Nguyen Minh Hung, VN Pharma Chairman and General Director,and his 11 accomplicesare accused of trading fake H-Capita 500mg Caplet (H-Capita) for cancertreatment.

If found guilty, they may face from 20 years in jail to lifeimprisonment or even death penalty under Article 157 of the Criminal Code 1999.

The court summoned nearly 200 people related to the case,including many Health Ministry officials.

Theindictment of the Supreme People's Procuracy said that the value of the drugbatch they traded was only 251,000 USD but the defendants intentionally raisedit to 572,000 USD.

Thedifference of 321,000 USD was transferred to two overseas accounts ofAuspicious Keen Limited and Sigma Holding Corp, both located at 132 NathanRoad, TsimShaTsui, Kowloon, Hong Kong. They later received money back inVietnam.

Theprocuracy also asked the investigating agency to further clarifyresponsibilities of the Drug Administration of Vietnam, VN Pharma and otherindividuals involved in the case.

Accordingto the investigation, from 2013 to 2014, Hung ordered Vo ManhCuong, former director of H&C InternationalMaritime Company,topurchase imported medicines reportedly manufactured by Canada’s HelixPharmaceuticals Company and supply the drugs to Vietnamese hospitals.

Thebatch included 9,300 boxes of 500mg caplets of H-Capita, a cancer treatmentdrug valued at 5.3 billion VND (251,000 USD).

Hungasked his staff to forge documents related to the medicines and submit them tothe administration.

Thecompany also faked receipts and payment procedures to acquire import licencesfrom the ministry.

Suspiciousof the origin of the batch, the administration launched an investigation inApril 2014.

Upto 97 percent of the imported batch was then found to consist of low-qualitycapecitabine, a chemotherapy drug of unknown origin and not licensed foruse in treatment.

TheMinistry of Public Security started legal proceedings in November 2015.
Atthe trial in August 2017, Hung and Cuong were sentenced to 12 years in prisonfor smuggling. Seven others received sentences of one year and six months tofive years behind bars for smuggling and faking documents and seals oforganisations. 

Laterthe same year, the High People’s Procuracy in Ho Chi Minh City protestedthe judgment, asking for clarification on Hung’s charge and thealleged irresponsibility of the administration which allowed Hung andhis accomplices to import fake drugs and give commissions to doctors toprescribing the drug.

Atan appeal court held in October 2017, the High People’s Court in Ho Chi MinhCity approved the proposal and cancelled all the judgment given at the previouscourt, asking for further investigation into the defendants with the charge of “tradingin fake goods being curative medicines”.

Duringthe investigation, authorities decided to prosecute three more people.

InJuly this year, the Supreme People’s Procuracy issued an indictment andprosecuted Hung, Cuong and the 10 accomplices for “trading in fake goodsbeing curative medicines”, along with several Health Ministry officials for “lacking responsibility, causingserious consequences”.

On September 18, the InvestigationPolice Agency under the Ministry of Public Security issued a decision to startlegal proceedings on the “lacking responsibility, causing serious consequences” case happeningat theDrug Administration of Vietnam under the Ministry of Health and relevantagencies during the process of verifying, approving and issuing licences forthe import of H-Capita lot.

The currentcourt will run until September 30./.