Issuing the Inspection Conclusion of the project invested by Danang University

The inspection conclusion pointed out a series of shortcomings and violations in the project "Investment and upgrading of the library system of the Information - Learning Resources Center and member universities of Danang University".

There are many shortcomings and violations.

On December 31, 2024, the Inspectorate of the Ministry of Education and Training issued Conclusion No. 37/KL-TTr on the inspection of the project "Investment and upgrading of the library system of the Information - Learning Resources Center and member universities of Danang University".

It is known that this Project is invested by Danang University. The management, exploitation and use of the Project's products after investment is assigned by Danang University to the Center for Information - Learning Resources and Communication, Library as the focal unit, in coordination with beneficiary units (6 member universities, 1 branch in Kon Tum province).

The total investment of more than 20.2 billion VND comes from irregular State budget funds and self-supplemented capital of Danang University.

The inspection conclusion shows that, besides the achieved results, there are also a series of shortcomings and violations.

Specifically, regarding project management, the investor directly manages the Project but there is no document assigning specific tasks to the collective or individual directly managing the Project as prescribed in Clause 2, Article 56 of Decree No. 102.

During the investment preparation phase, Danang University did not establish, appraise, and approve the investment policy before establishing the Project according to the provisions of Clause 2, Article 5 of Decree No. 10210.

However, at the time of project implementation, the Ministry of Planning and Investment issued Official Letter No. 1101/BKHĐT-TH dated March 2, 2015 on guidelines for approving policies and deciding on investment in public investment programs and projects. Accordingly, at Point e, Clause 2, Section 2, Chapter I, Official Letter No. 11011 clearly states that for projects using all public capital of an investment nature, it is not necessary to prepare, appraise and approve investment policies before preparing the project.

Therefore, it is appropriate for Danang University not to organize the preparation, submission for appraisal and approval of the investment policy for this Project.

Illustration

The survey work serving project establishment and organization of project equipment valuation also has many shortcomings, not fully implementing the steps according to regulations.

Regarding the selection of organizations and individuals to conduct the appraisal of bidding documents and evaluation of bidding documents, according to the inspection conclusion, on January 6, 2017, the Director of Danang University issued Decision No. 87/QD-DHĐN on the establishment of a LCNT consulting expert team for the procurement of equipment under the Project (Appraisal of bidding documents and evaluation of bidding documents) consisting of 5 individuals from Danang University; of which, 1 person does not have a certificate of professional training in bidding as prescribed in Clause 1, Article 16 of the Law on Bidding 2013.

Requiring a sales license for goods that are considered non-specific and complex such as computers is not appropriate; the instructions requiring a manufacturer's sales license in the Bidding Documents are not clearly stated for each bidding device, but are recorded in one line at the end of the Bidding Equipment List, which is not in accordance with the provisions of Clause 2 and Clause 3, Article 23 of Decree No. 63.

According to the inspection conclusion, the investor did not organize the implementation of the work of establishing, appraising, and approving the construction design - estimate, which is a violation of the provisions of Clause 1, Article 35 of Decree 102.

In signing the contract, the investor's failure to negotiate the contract before designating and not preparing and sending the draft contract to the designated contractor is a violation of Clause 2, Article 56 of Decree No. 63.

Inspector recommends handling

According to the inspection agency, the above limitations, shortcomings and violations occurred because some units and individuals advising on the implementation of the Project did not update relevant legal documents in a timely manner; at the same time, there were many limitations in capacity, expertise and understanding of legal regulations.

Responsibility for the above limitations and shortcomings belongs to the collective leadership of Danang University and the leadership of Danang University assigned direct tasks; the advisory departments and individuals assigned tasks to participate in the stages of the Project in the period 2016-2018.

The Inspectorate of the Ministry of Education and Training recommends that the Council of Danang University consider the responsibility of individuals assigned to direct, supervise and perform related tasks for the project, phase 2016-2018 according to their authority.

Supervise and request the Director of Danang University to organize a review of responsibilities for collectives and individuals related to limitations, shortcomings, and violations within his/her authority; organize the correction and implementation of the conclusions and recommendations stated in the Inspection Conclusion.

For member units and schools of Danang University, organize a review of collective and individual responsibilities related to limitations, shortcomings, and violations (if any); strengthen internal inspection and examination work according to the direction of Danang University and the management needs of the unit (if any).

Proactively review equipment and software provided by the Project to repair, upgrade, or replace (if necessary) to ensure efficiency and continuous operation.

The inspection agency also recommended that the Department of Personnel Organization (Ministry of Education and Training) advise the Minister to issue a document directing Danang University to clarify the responsibilities of the University Council, Board of Directors and individuals related to the limitations, shortcomings and violations in the implementation of the Project in the 2016-2018 period under the authority of the Minister to review responsibilities and handle disciplinary action (if any).

Instruct Danang University to review and organize a review of the responsibilities of the collectives and individuals assigned to implement the project in the 2016-2018 period, related to limitations, shortcomings, especially violations (when requested by Danang University).

The Department of Planning and Finance and the Department of Facilities (Ministry of Education and Training) continue to advise the Ministry's leaders to issue documents directing units under the Ministry to organize and implement projects in accordance with regulations.

Strengthen training and coaching to improve the qualifications and expertise of project management staff (as Investors), staff participating in project implementation stages; continue to strengthen inspection work for projects under management authority.

Source: https://daidoanket.vn/ban-hanh-ket-luan-thanh-tra-du-an-do-dai-hoc-da-nang-lam-chu-dau-tu-10298197.html