Connect with us

News

Vietnam: Court Sentenced Doctor For Involuntary Manslaughter, Ignited Public Outrage

Published

on

Dr. Hoang Cong Luong at his first trial in 2018. Photo courtesy: vietbao.vn

On January 30, 2019, The People’s Court of Hoa Binh Province found Dr. Hoang Cong Luong guilty of involuntary manslaughter and sentenced him to 42-month-imprisonment.

The verdict caused an outcry across different sectors in Vietnam’s society, especially among other doctors who did not agree with the court’s reasoning.

They believed that Dr. Luong did not breach his duty of care as a medical doctor.

Dr. Luong was a former nephrologist at Hoa Binh General Hospital who was charged with involuntary manslaughter for failing to check the RO (reverse osmosis) water before initiating a hemodialysis treatment in May 2017, causing 18 patients to suffer anaphylactic-like symptoms – eight of whom later died as a result.

A total of seven people were put on trial this year for “involuntary manslaughter” under Article 98 and “negligence of responsibility, causing serious consequences” under Article 285 of the 1999 Penal Code.

The case was initially tried in May 2018 where Dr. Luong was charged with Article 285. The court dismissed the case and returned the file to the prosecution for re-investigation in June 2018.

The prosecution came back and formally filed charges against Dr. Luong for involuntary manslaughter in December 2018. The second trial commenced in January 2019.

According to the trial court’s verdict of yesterday, Dr. Luong was guilty because he failed to wait for the documentation confirming the water’s safety before initiating the dialysis. Instead, Dr. Luong relied on the verbal confirmation of the staff in charge.

The court’s reasoning also put Dr. Luong in the position of a gatekeeper, which many doctors disagreed and argued that would have required nephrologists to be more than medical service providers.

According to these Vietnamese doctors, the failure to wait for the appropriate documentation was only an administrative mistake, not enough to constitute his criminal culpability.

They also argued that other doctors would have used the same method as Dr. Luong because having the documentation – in reality – does not make any difference compares to the verbal confirmation of the staff before starting the dialysis. Delaying the dialysis to wait for the documentation could also cost the patients their lives.

According to the community of doctors standing with Dr. Luong, when faced with such circumstances, whether he had waited for the documentation or went ahead with a verbal confirmation, nothing could have changed the fact that the water was contaminated and Luong could never detect such contamination.

The evidence at trial also established that the water in question was contaminated due to improper cleaning performed by the maintenance staff.

One of the witnesses, Nguyen Huu Dung, the Head of the Dialysis Department of Bach Mai Hospital in Hanoi, testified that the responsibility to maintain the water safety was one of the maintenance department, not the treating physician.

Regardless of the testimony from the experts and the doctors’ community standards, the court still decided Dr. Luong had committed involuntary manslaughter.

Throughout the process, not only the public and the doctors’ community stood by Dr. Luong, but all of the victims’ families have also pleaded with the court to exonerate him. Their action constituted one of the conditions under Vietnam’s laws which could exempt Dr. Luong from criminal liability under Article 29, Penal Code of 2015.

While the new penal code only took effect on January 1, 2018, which was after the alleged medical malpractice had happened, Vietnamese laws allowed the retroactive application of any section that could have benefited the accused.

For his defense, Dr. Luong should have been able to use any section involving the extenuating circumstances, and other exemptions from criminal liability under the recently amended 2015 Penal Code, to defend his action. That did not happen.

The public outrage, in this case, started since its commencement where the director of the hospital, Truong Quy Duong, was first exempt from prosecution and was able to leave the country to go abroad to Canada back in 2018.

Due to public pressure and Dr. Luong’s lawyers’ argument, he was later charged with negligence and had to return to stand in the second trial.

Other doctors had pointed out that the absence of a national standard for dialysis procedures should make the Ministry of Health liable in this case as well.

The case also revealed more unanswered questions regarding the maintenance of the RO water system being used in dialysis at Hoa Binh General Hospital.

As the director of that hospital, should the responsibility of overseeing the maintenance and operation of all departments belongs to Truong Quy Duong, and that he should have been ultimately held liable for the death of the patients?

The case of Dr. Hoang Cong Luong has become one of the most controversial criminal cases in recent years, underlining issues that challenge Vietnam’s legal system today and in years to come.

People questioned the neutrality and fairness of the court and the role of the prosecution in this case. Was the prosecution’s decision to file charges against Dr. Luong for involuntary manslaughter done according to laws?

Not only there is a lacking of the standard of care for doctors in medical malpractice cases in the country, but also, there are other criminal procedures’ issues that urgently need reform, such as evidence admissibility and the standard for expert witnesses’ testimony.

Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Freedom of expression

Reporters Without Borders Calls For The Release Of Pham Doan Trang

Published

on

Pham Doan Trang. Photo courtesy: Thinh Nguyen

On April 7, 2021, Reporters Without Borders (RSF) released a press statement condemning the arrest of jailed Vietnamese journalist Pham Doan Trang

Phan Doan Trang, co-founder and editor of the online magazines The Vietnamese and Luât Khoa, and a recipient of the 2019 RSF Press Freedom Prize for Impact, was arrested at her home on the night of October 6, 2020. She was taken away by plainclothes policemen and has not been heard from since She has been denied access to a lawyer and her family has also been unable to contact her. Currently, she faces up to 20 years in prison under Article 117 of the Vietnamese Penal Code, under the charge of engaging in “anti-state propaganda”. 

Daniel Bastard, the head of RSF’s Asia-Pacific desk, says: “The Vietnamese Communist Party’s current leadership… needs to understand that history will hold them to account for the crackdown on press freedom …. They can save face by freeing Pham Doan Trang and all of the other unjustly detained journalists.”

This is not the first time RSF has demanded her release. On October 7, 2020, just one day after her arrest, it published its first statement which echoes much of the same sentiments here. It has also launched an international awareness campaign to fight for her cause. 


Support from Other RSF Laureates 

Several other RSF awardees have called for Phan Doan Trang’s immediate and unconditional release. They have also released several videos in various social media outlets to show their support for her, and to help bring this situation to the attention of the international community. 

Tomasz Piatek, a Polish journalist and an RSF prize recipient in 2017, addressed Vietnam’s leaders:, “I am asking you to release my friend from prison immediately and stop harassing and tormenting her for writing the truth. If you want to present yourself to the world as politicians and leaders of the Socialist Republic of Vietnam, you must immediately stop harassing your citizens and give your citizens the right to the truth.”

Swati Chaturvedi, an Indian journalist and Reporters Without Borders prize awardee in 2018, said, “RSF stands for the fight of all journalists. Please help and speak out for my colleague, my Vietnamese colleague Pham Doan Trang right now.”

Can Dündar, a Turkish journalist, documentary filmmaker and 2016 RSF laureate, similarly asked that the Vietnamese authorities release Phan Doan Trang and to respect the freedom of the media.

Inday Espina-Varona, a Filipina journalist and awardee of RSF’s Prize for Independence in 2018, stated that Pham Doan Trang “has been charged with disseminating information that opposed the state of Vietnam… [it is] every journalist and citizen’s obligation to criticise and when necessary to oppose policies and actions inimical to the welfare and rights of people… it is also the duty of journalists and citizens wherever we are in the world to stand up when those who seek to do the right thing are battered for their efforts.”


Statement from the Publication: 

The Vietnamese joins Reporters Without Borders and our other international allies in demanding for the expedient release of Pham Doan Trang. The trumped-up charges against her are clearly false and the only thing she is guilty of is providing Vietnamese citizens with accurate and independent information free from the manipulation and misdirection of the Vietnamese government and its selfish misguided agenda.

The fight for freedom, democracy, and a better tomorrow for Vietnam continues and we at The Vietnamese will do our part to see this through till the end. 

To show your support for this cause, kindly consider signing this petition for the swift release of our co-founder, colleague, and friend. 

Continue Reading

Vietnam Briefing

Vietnam Briefing: Meet The New State Leadership

Published

on

Pham Minh Chinh and Nguyen Xuan Phuc. Photo Courtesy: Nhu Y/plo.vn

We release the Vietnam Briefing every Monday morning.


The rumors were right. Meet the new state leadership

We reported correctly in our first briefing on February 8 that there were rumors that current Prime Minister Nguyen Xuan Phuc, Pham Minh Chinh, the head of the Party Central Committee’s Organization Commission and Vuong Dinh Hue, the secretary of the Hanoi Party Committee, would be named president, prime minister, and chairperson of the National Assembly, respectively.

What is happening in the last session of the National Assembly is proving the rumors are right.

Vuong Dinh Hue took over the chairperson position of the National Assembly on March 31 after his predecessor, Nguyen Thi Kim Ngan, was released from duty the previous day by the legislative chamber’s resolution. The Communist Party quickly appointed the then-minister of finance, Dinh Tien Dung, to replace Hue as the party chief of Hanoi on April 3.

The National Assembly also relieved Nguyen Xuan Phuc from the prime minister post and Nguyen Phu Trong from the president post on April 3, paving the way for elections of Nguyen Xuan Phuc to be president and Pham Minh Chinh to be prime minister this week. Phuc was already nominated to the post on April 2.

When this entire process ends tentatively by the end of April 5, the political tradition of having a “gang of four” sharing four top seats of the party and the state will be restored.


Another journalist is arrested

Nguyen Hoai Nam, a former investigative journalist working for the mainstream media, was arrested on April 2 in Ho Chi Minh City. He is currently under pre-trial detention and is charged with “abusing democratic freedoms to infringe upon the interests of the State, lawful rights and interests of organizations and/or citizens.”

Who is Nam? VnExpress says he was a former reporter at Thanh Nien (Youth), Phap Luat TPHCM (HCMC Law), Vietnam Television and Phap Luat Viet Nam (Vietnam Law). The news agency added that Nam had posted on his Facebook account several articles challenging police investigations into violations at Vietnam Inland Waterways Administration, which it said had  resulted in the arrest of its former deputy head Tran Duc Hai in 2019.

According to VnExpress: “The reporter implicated 15 people who had allegedly committed violations regarding the case, 12 more than determined by police. He went on to accuse the investigators of ‘letting the criminals off the hook.’”

The nature of the charge: 

  • The charge is based on Article 331 of the 2015 Penal Code, previously known as Article 258 of the 1999 Penal Code.
  • The criminal provision is widely condemned by both domestic and international human rights groups as vague and as used by the government to silence critics.
  • Activists ran a campaign called the “258 Campaign” to advocate for the abolition of the provision.

Four citizens convicted of spreading anti-state propaganda

Publicly saying bad things about the Communist Party might well result in being imprisoned for years in Vietnam. That’s what happened to four citizens in Khanh Hoa Province on March 30.

Nguyen Thi Cam Thuy, 45, was sentenced to  nine years in prison, Ngo Thi Ha Phuong, 25, to seven years and Le Viet Hoa, 59, to five years, VnExpress reported.

Another person, Vu Tien Chi, was sentenced to 10 years in prison in Lam Dong Province.

Just like Article 331 and Article 258, this criminal provision has received a high degree of criticism from human rights groups inside and outside of Vietnam.


Read more about Vietnam:

The US Department of State’s human rights report on Vietnam

“The Socialist Republic of Vietnam is an authoritarian state ruled by a single party, the Communist Party of Vietnam, and led by General Secretary and President Nguyen Phu Trong, Prime Minister Nguyen Xuan Phuc, and Chairwoman of the National Assembly Nguyen Thi Kim Ngan. The most recent National Assembly elections, held in 2016, were neither free nor fair; there was limited competition among Communist Party-vetted candidates.”

Drinking coffee in the US? Worry about forests in Vietnam, study says

Mongabay | April 2, 2021

“The U.S.’s thirst for coffee drives forest loss in central Vietnam, while Germany’s craving for cocoa is doing the same in West Africa, a landmark study that tracks the drivers of deforestation across borders found.”

Vietnam Should be More Proactive in Global Governance

The Diplomat | March 30, 2021

“After its COVID-19 successes, Vietnam is well positioned to play a more energetic role on the global stage.”

The Vietnamese Recovery Is Made in America

Wall Street Journal | March 30, 2021

“Vietnam’s economy is growing again, on the back of a strong rise in exports. The Southeast Asian nation looks to be one of the most clear-cut international beneficiaries of the U.S. stimulus package.”

How The Vietnamese State Uses Cyber Troops to Shape Online Discourse

ISEAS | March 3, 2021

  • The operations of Vietnam’s public opinion shapers and cyber-troops reveal that the online discourse is manipulated to enforce the Communist Party’s line. 
  • Vietnamese authorities constantly grapple with the vexing question: How to strike a delicate balance between placating critical public sentiment online while ensuring that it does not spill over into protests against the regime. 
  • When it comes to methods, targets and motives, there appears to be significant crossover between public opinion shapers and the government’s cyber troops. 
  • The Vietnamese state cyber-troops have been encouraged to use real accounts to massreport content. This helps explain why it is the only Southeast Asian state to publicly acknowledge having a military cyber unit. 
  • The lack of political and technological wherewithal presents an uphill battle for these cyber-troops in influencing Vietnam’s online information environment.

Continue Reading

Vietnam Briefing

Vietnam Briefing: Another Congressional Candidate Arrested While Congress Elects New Leaders

Published

on

Nguyen Phu Trong and Nguyen Xuan Phuc at the commencement of the National Assembly Session on March 24, 2021. Photo courtesy: Vietnam News Agency

The Vietnam Briefing is released every Monday.


Another congressional candidate arrested

Independent journalist Le Trong Hung, a candidate for the National People’s Congress, was arrested on March 27 by Hanoi local police, VOA cited his family.

He had filed his candidacy earlier this year and his application was approved by election officials. 

Hung is known for running his social media-based TV channel called Chan Hung TV, that broadcasted information about victims of injustice, including  farmers who had lost their land and people who had been wrongfully convicted.

Besides Hung, another person arrested after declaring his candidacy is Tran Quoc Khanh, as we reported two weeks ago. The general election will be held on May 23, 2021.


The National Assembly is convening to decide top state positions

If things go as planned, Vietnam will have a new president, a new prime minister and a new chairperson of the National Assembly potentially by April 7.

Some other top seats of the National Assembly and the cabinet will also be considered.

It’s now officially announced that current Prime Minister Nguyen Xuan Phuc will be nominated to be president of the state. 


Tension in the South China Sea

Not only has China sent warplanes into Taiwan’s air space over the past week, but also hundreds of Chinese vessels have also massed in disputed areas in the South China Sea.

From Reuters:

“Vietnam’s Foreign Ministry spokeswoman Le Thi Thu Hang on Thursday said the Chinese vessels at the reef, which Hanoi calls Da Ba Dau, had infringed on its sovereignty. 

‘Vietnam requests that China stop this violation and respect Vietnam’s sovereignty,’ Hang told a regular briefing. 

A Vietnamese coastguard vessel could be seen moored near the disputed area on Thursday, according to ship tracking data published by the Marine Traffic website. 

Hang said Vietnam’s coastguard was ‘exercising its duties as regulated by laws’, including international law.”


Rapping Vietnam Ambassador Daniel Kritenbrink tapped as Joe Biden’s top Asia envoy

He made headlines last month in Vietnam by rapping in both English and Vietnamese. Now he’s nominated for one of the top seats in the US State Department.

From The South China Morning Post:

“The US ambassador who made a splash in Vietnam by making a rap video may soon get a promotion – to be the top diplomat for Asia under President Joe Biden. Daniel Kritenbrink, a career diplomat who speaks Chinese and Japanese, was nominated by Biden to be the assistant secretary of state for East Asia and the Pacific, a White House statement said.”


Learn more about Vietnam:

Vietnam proves immune to China’s vaccine diplomacy campaign

March 27, 2021 | Nikkei Asia

“It would be a stretch to accredit that one comment as an accurate measure of public sentiment in Vietnam toward the Chinese-made vaccine. But in Southeast Asia, Vietnam has remained a prominent outlier to China’s fanfare vaccine diplomacy campaign.”

Biden can address Vietnam’s currency valuation without Section 301

March 27, 2021 | East Asia Forum

“While there were intense talks during the Trump administration — including a call between Trump and Vietnamese Prime Minister Nguyen Xuan Phuc — there are no reports suggesting any ongoing talks with the Biden administration.”

China, Vietnam Lead Three-Speed Asian Recovery, World Bank Says

March 26, 2021 | Bloomberg

“A three-speed recovery is taking hold across East Asia and the Pacific, with China and Vietnam already beating their pre-pandemic levels of economic growth while other countries could take years more to heal, according to World Bank projections.”

Vietnam’s New Government Election: The Sooner the Better?

March 23, 2021 | Fulcrum

“There is little reason for the Community Party of Vietnam to repeat its “fast track” procedure to get a new government in place. The Party’s reputation is best served by its playing by the rules.”

Why Biden Sends Warships to the South China Sea, Just as Trump Did

March 22, 2021 | VOA News

“U.S. President Joe Biden is keeping pace with his predecessor in the frequency of American warships sent to Asia, analysts believe, a way to get a foothold in contested seas and routinize warnings aimed at the region’s strongest maritime force, Beijing.”

Continue Reading

Trending