WRITTEN QUESTION E-1223/01 by Jules Maaten (ELDR) to the Commission. The case of Vinh Binh Trinh in Vietnam.
Date: 2001-04-26
Institutions: European Parliament, Provisional data
Subjects: EU national, Netherlands, Viet Nam, arrest, corruption, investment abroad

11.12.2001

EN

Official Journal of the European Communities

C 350 E/95

brucellosis and bovine tuberculosis). The objectives of these subgroups are to support Member States in
their attempts to develop and implement optimal disease eradication measures. It is planned to discuss this
subject in one of the next tuberculosis sub-group meetings.

(1) COM(1999) 719 final.

(2001/C 350 E/102)

WRITTEN QUESTION E-1223/01

by Jules Maaten (ELDR) to the Commission

(26 April 2001)

Subject: The case of Vinh Binh Trinh in Vietnam

Is the Commission aware of the case of Mr Vinh Binh Trinh, a Dutch citizen who was convicted in
Vietnam for illegal investment in 1998, the circumstances of whose arrest and conviction were dubious, to
say the least?

Does the Commission share the concern that cases like this may scare off other potential European
investors and also that they may have a negative impact on relations between Vietnam and the European
Union?

Will the Commission urge the Vietnamese authorities to reconsider the case of Mr Trinh, as they did last
year with respect to similar cases concerning Canadian, Thai and Laotian investors?

Answer given by Mr Patten on behalf of the Commission

(18 June 2001)

The Commission has been informed that Mr Vinh Binh Trinh was convicted in the first instance by the Ba
Ria (cid:129) Vung Tau People(cid:146)s Court to 13 years of imprisonment and severe fines on charges of bribery and
violation of the regulations on land management and protection. Mr Trinh appealed the decision of the
Vung Tau People(cid:146)s Court to the People(cid:146)s Supreme Court of Ho Chi Minh City. The case was heard on 4 and
5 May 1999, when the Court upheld the decision of the Court of first instance, at the same time reducing
the prison sentence to 11 years. Mr Trinh was awarded bail on medical grounds, but failed to report at
Vung Tai prison by the due date of 30 September 1999. It is reported that he has fled the country for
Thailand.

The Commission is not in a position to make any comment on the conduct of the case. It understands that
Mr Trinh received consular assistance initially from the Dutch Consulate General in Ho Chi Minh City and
subsequently from the Dutch Embassy to Vietnam, and has been advised to consider the available options
of a further appeal, which is open to him under Article 242 of the Criminal Law of Vietnam, or a request
for grace on humanitarian grounds. An appeal must be lodged in person and, since the warrant for his
detention remains in force, Mr Trinh would face immediate imprisonment should he return to Vietnam.

The other cases referred to in the question apparently concern individuals who have been granted early
release under general amnesties for serving prisoners. Such amnesties do not apply to persons who are not
in prison.

The Commission is not aware that the case of Mr Trinh has had any impact on European investment in
Vietnam or on relations between Vietnam and the Union. Together with other donors, the Commission
regularly participates in the ongoing dialogue between foreign investors and the Government of Vietnam,
where the various concerns of investors are fully discussed.
In this context, concerns about certain
elements of corruption in Vietnam have been raised, and both investors and donors have expressed
support for the efforts of the Government of Vietnam to deal with this problem.