Nghiem Quang Minh, the owner of a mini apartment building on Khuong Ha Street in Hanoi, at the court. — VNA/VNS Photo
Nghiem Quang Minh, the owner of a mini apartment building on Khuong Ha Street in Hanoi, was sentenced to 12 years in prison for illegal construction, exceeding the permitted number of floors and failing to implement fire prevention measures.
He was held primarily responsible for a fatal fire at the apartment building that resulted in 56 deaths and 44 injuries on September 12, 2024.
The verdict was handed down by the Hanoi People’s Court on Friday after a trial that lasted four days.
Minh, 45, received the highest sentence among the eight defendants convicted of violating fire prevention and firefighting regulations under Article 313 of the Penal Code.
The court assessed Minh’s actions as extremely dangerous, causing particularly severe consequences. Among the deceased and injured were many children and multiple members of the same families, leading to immense loss and grief for the victims' families and society.
Although Minh had mitigating factors related to his personal background, the court ruled that the most severe punishment was necessary to serve as a deterrent, given the nature of his actions and the extent of the damage caused.
Among the seven former officials from Thanh Xuan District and Khuong Dinh Ward convicted of negligence leading to serious consequences, Chu Xuan Son, former vice chairman of the Khuong Dinh Ward People's Committee from 2015 to 2020, was sentenced to six years in prison. Nguyen Dinh Quan, former head of the Ward Construction Inspection Team from 2014 to 2016, received seven years.
Pham Tan Anh, former vice chairman of the Ward People's Committee since 2018, and Nguyen Tuan Anh, former deputy chief of Khuong Dinh Ward Police, were each sentenced to four years.
Tran Trong Khang, former head of Thanh Xuan District Construction Inspection Team from 2013 to 2016, received a three-year prison sentence. Nguyen Thi Kim Trang, former ward land and construction officer from 2010 to 2018, and Pham Thanh Tung, former contract employee in charge of urban environmental management, were each sentenced to 30 months in prison.
Minh was also ordered to compensate for property damages and provide restitution to the victims totalling more than VND23.7 billion (US$928,500).
Specifically, Minh is required to cover funeral expenses for the 56 deceased victims and compensate their first-degree heirs for emotional loss at the rate of 100 months' salary.
Additionally, if the victims had young children or elderly parents, Minh must provide financial support until their passing or, for children, until they turn 18, at a monthly rate equal to the basic wage of VND2.34 million per person per month.
For injured victims, Minh must compensate for emotional distress at the maximum rate of 50 months' basic salary for those hospitalised for more than 30 days, 20 months' basic salary for those hospitalised for 20-30 days and 10 months' basic salary for those hospitalised for less than 10 days.
Each victim is also entitled to a recovery cost compensation of one month’s basic salary. For the three most severely injured victims, the court ordered Minh to pay 18 months' basic salary for recovery costs.
The medical expenses of these victims have been fully covered by the Hanoi People's Committee; therefore, the court did not require Minh to reimburse these costs. However, if the city demands reimbursement, it has the right to file a separate civil lawsuit.
Victims who provided documents proving medical expenses, including medication costs, were granted compensation, which Minh must pay. Lost income during treatment is calculated based on the victim’s actual salary or, if unavailable, based on Thanh Xuan District’s regional minimum wage of VND180,000 per day multiplied by the number of days hospitalised.
For underage victims or elderly victims beyond working age, lost income compensation is calculated based on the income of their caregivers.
As for the value of the apartments, some victims requested resolution, but the court determined that since Minh and the buyers had notarised contracts transferring ownership, this constituted a civil dispute over purchase contracts. If residents dispute the legality of the apartments due to fire safety violations or unauthorised construction, they have the right to seek resolution through a separate civil lawsuit.
Minh was also ordered to cover 18 months of rental costs for affected residents at a rate of VND5 million per apartment, totaling VND90 million per unit.
During the trial, some victims requested an investigation into potential bribery between Minh and local officials that allowed the illegal construction. Minh denied making any payments, and investigative records did not indicate any bribery. As a result, the court ruled that there was no basis to pursue this allegation.
The court acknowledged that five former ward and district officials exhibited negligence but determined that their responsibility was limited. While they were not subject to criminal prosecution, they had already faced appropriate disciplinary actions.
The verdict states that Minh owned a 240sq.m plot on Khuong Ha Street with a permit for single-family housing. The approved ground floor area was 167.4 square metres, but Minh unilaterally altered the design, expanding the first floor area to 240 square metres. The permit allowed for six floors and 33 rooms, but he built nine floors with 45 rooms, exceeding the permit by three floors and 12 rooms.
Minh failed to prepare, submit or obtain approval for fire prevention and safety plans.
In July 2015, while construction was ongoing on the seventh floor, Khuong Dinh Ward’s construction inspection team issued a violation report, ordering a halt to construction. Minh was subsequently fined VND15 million by Thanh Xuan District and ordered to dismantle the unauthorised portions.
Three defendants, including Quan, Trang and Tung, officials from the ward, were accused of drafting and signing a report falsely stating that Minh had "voluntarily dismantled the illegal construction on the seventh floor".
Despite the unauthorised expansion, these three officials failed to order its demolition. After issuing the report, they did not escalate the matter for further enforcement.
Son, the former Vice Chairman of the Khuong Dinh Ward People's Committee, failed to oversee and ensure his subordinates carried out the demolition order. Meanwhile, Khang, the former head of Thanh Xuan District’s Construction Inspection Team, was aware of the incomplete enforcement but did not take further action to compel the ward’s authorities to enforce the demolition order.
By April 2016, Minh had sold all 45 apartments to individuals and families.
Between 2018 and 2020, the Thanh Xuan District Police identified multiple fire safety violations in the building, warning that failure to address them posed a direct fire hazard with potentially catastrophic consequences.
On June 24, 2020, Thanh Xuan District issued an order to suspend operations on the building’s first floor. Minh and the residents were required to implement fire safety measures but failed to comply. The Thanh Xuan District Police continued to issue warnings and notify the Khuong Dinh Ward Police, but no corrective action was taken.
On the night of September 12, 2023, an electrical short circuit occurred in a battery compartment near the wall, sparking a fire. The flames spread to electrical cables and metre boxes on the first floor, and then rapidly engulfed the surrounding areas.
The fire resulted in 56 deaths, 44 injuries and property damage totalling VND3.2 billion.
