Tran Vu Hai

On July 2, the Investigative police division of the Public Security Department of Khanh Hoa Province charged attorney Tran Vu Hai, a prominent lawyer in Vietnam, with “tax evasion.” No arrest was made, but a search warrant was issued and police carried out a search of his office and took away a large amount of materials not related to the case. These materials included the dossiers of multiple important cases, such as the case of Truong Duy Nhat.

While no arrest has been made, the act of seizing unrelated documents and on-going case dossiers was indeed questionable. According to Hai, many of his documents relating to the case of blogger Truong Duy Nhat, who was arrested after being kidnapped from Thailand while attemtping to seek asylum there, have been arbitrarily taken. The company’s safe was also seized. 

Hai was not at his office when the search first initiated. His request that attorney Ngo Anh Tuan be able to observe the search was also denied by the public security forces. 

On July 3, Tran Vu Hai announced on his personal Facebook account that he was going to take a break from work, to rest, read, and resolve the issue together with his family.

Also, interestingly, the beneficiary of the alleged “tax evasion” has suggested that it is a mistake and he/she is willing to pay the tax. Khanh Hoa investigators rejected this option. Nine attorneys have successfully registered as Hai’s defense counsel. Hai also said that many lawyers are also ready to support his case. These attorneys include: Bui Quang Nghiem, Trinh Vinh Phuc, Đang Dinh Manh, Nguyen Van Mieng, Phung Thanh Son, Nuyen Duy Binh (HCMC Bar Association); Ha Huy Son and Ngo Anh Tuan (Ha Noi Bar Association) and Nguyen Hong Ha (Khanh Hoa Bar Association).

The Investigative Police Division of the Public Security Department of Khanh Hoa Province initially refused to complete the process of defense registration. Although some attorneys arrived at the department on July 22, 2019, as requested by the department, to complete the registration of defense, the receiving officer said they had “no working schedule with the attorneys.” After a whole day of waiting, finally the attorneys were allowed to complete the registration to defend Tran Vu Hai and his wife. 

October 2019:

Authorities have recommended lawyer Tran Vu Hai and his wife Ngo Tuyet Phuong for prosecution under charges of tax evasion under Article 161 of the 2015 Criminal Code. Two others have also been implicated in the charges in what was allegedly a fraudulent property transaction. In July, police issued a search warrant of Hai's office and took away a large amount of materials not related to the case. These materials included the dossiers of multiple important cases, such as the case of Truong Duy Nhat. Hai is a well-known human rights lawyer, leading many to believe that the charges against him are politically-motivated. The Ministry of Public Security recently refused Hai's request to represent Truong Duy Nhat at trial. 

November 2019:

Also on November 15, human rights lawyer Tran Vu Hai and his wife, Ngo Tuyet Phuong, were convicted on charges of tax evasion. They will have to serve 12-15 months of house arrest. The tax authority themselves did not request that the public security in Nha Trang investigate suspicious tax evasion activities. This, combined with the fact that Hai had previously agreed to represent dissident blogger Truong Duy Nhat, leads many to believe that the charges against Hai are politically-motivated. Before the trial began, most of the representatives of official news outlets and journalists were barred from entering the courtroom. On the second day of the trial, November 14, attorney Nguyen Duy Binh was forcefully escorted out of the courtroom for merely asking one of the defendants whether she had petitioned for five other lawyers to represent her and whether the Court had denied her request. Binh was also detained for a short period of time at the office of the public security force of Phuoc Tan ward. With the unprecedented support of dozens of lawyers, an extremely weak accusation against him, and clear political motives behind the indictment, if attorney Tran Vu Hai can still be found guilty, there is no realistic way in which other defendants can protect their legitimate rights and interests before this judicial system, especially those who are accused of political crimes. Read our full report on the trial here.