On April 4, the Government Inspectorate announced the Inspection Conclusion on the Inspection of the Investment Project to build a new facility 2 of Bach Mai Hospital and Viet Duc Friendship Hospital in Ha Nam province.
The content of the transfer to the Ministry of Public Security
The Government Inspectorate transferred the case file and documents with signs of violating regulations on bidding causing serious consequences as prescribed in Article 222 of the 2015 Penal Code to the Ministry of Public Security for consideration of investigation and handling according to the provisions of law for 02 contents:
(1) For 04 consulting packages (TV4/2014, TV5/2014, TVBM-04, TVVD-04): Deliberately violates the provisions of the law on bidding and construction in the approval of the policy of hiring foreign consultants to formulate projects when not clarifying the ability of the domestic consultancy unit as prescribed; Using financial proposals for project construction consultancy expenses, architectural design designed by contractors to be appointed bidding to verify the provisions of Clause 3, Article 6 of Circular No. 07/2012/TT-BXD, the value is not accurate and not objective; Organize the appointment of project formulation consultancy (TV5/2014, TV4/2014), architectural design consultancy (TVBM-04 package, TVVD-04) with many illegal contents, violating the provisions of the law on bidding occurring in all stages of preparation, appraisal of requesting requirements, evaluating proposals, negotiating contracts.
"The above violations lead to the signing of consulting contracts with value many times higher than the cost level calculated with Decision No. 957/QD-BXD dated September 29, 2009 of the Ministry of Construction, causing damage to the state budget with an estimated amount of about 80 billion VND" - the Conclusion stated.
(2) The process of bidding, signing and performing contracts for the BM-01 TDT package has many violations, especially signs of violation of banned behavior in bidding; The price of some devices in the contract is many times higher than the price of imported after -tax equipment, there is a risk of damage to the state budget; The investor violates the obligations to provide information in accordance with the 2022 Inspection Law when they cannot provide some important documents on the process of selecting contractors as a basis for proposing and approving the contractor selection results.
In addition, the Government Inspectorate transfers information to the Ministry of Public Security for consideration of investigation and handling according to the provisions of law for contents with many violations of the law on bidding, construction and related laws occurring at most stages in the project implementation process, focusing on a number of main groups: Establishing and approving investment projects with missing content according to regulations, some contents are still limited, leading to changes and adjustments immediately after signing the contract;
The adjustment of the basic design is not subject to implementation, contrary to legal regulations;
There are many violations of the law on bidding and construction in the implementation of the XDBM-01 and XDVD-01 packages occurring at all stages.
Responsibility of the Ministry of Health's leaders
Regarding the causes of shortcomings, defects, violations, and violations, the Government Inspectorate pointed out that:
The Minister of Health and the Deputy Minister in charge of violating the approval of the policy of recruiting foreign consultants to formulate projects, design projects lacking bases, failing to meet the conditions prescribed by law; Conclusions against the law on foreign consultancy units implementing project -making consulting packages without the process of selecting contractors; Lack of responsibility, loose management, not urging, inspecting, monitoring and failing to fulfill and properly the other tasks and powers of the investor, so that many shortcomings, shortcomings, violations and violations in most stages have led to the ineffective use, not all of the granted capital sources.
The Management Board of Key Health Projects and related units and individuals in project management do not meet their professional and technical capacity, intentionally violate, intentionally report incorrectly, dishonestly, un objectively, do not fully absorb and explain the opinions of experts and appraisal agencies and competent authorities; lack of responsibility, do not perform, do not properly perform functions and tasks according to the regulations of the investor.
