The case that occurred at Phuc Son Group, chaired by Hau 'Phao', is a typical example of contractors colluding with investors to get information, thereby having the opportunity to win bids at very high prices.
Completing the investigation and proposing to prosecute 41 defendants in the case at Phuc Son Group Joint Stock Company, the Investigation Police Agency said that for many years, asset valuation councils at all levels have used asset valuation results of valuation enterprises as the basis for decisions and requests for project investor enterprises to fulfill their financial obligations to the state.
However, during the operation, some individuals involved in valuation enterprises (enterprise directors, appraisers...) have committed negative acts, being influenced by subjects to distort the proper operation of asset valuation in the direction of reducing the amount of money that must be paid to the state by deliberately collecting comparison samples as a basis for valuation of assets with incorrect locations and similar values to issue valuation certificates with low value.
On that basis, the asset valuation council approved and required the enterprise to fulfill its financial obligations to the state with an amount lower than the prescribed amount, illegally benefiting, causing property damage to the state and organizations.
The Investigation Agency believes that the law on construction investment and bidding stipulates that enterprises selected as project investors and construction contractors must have equity revenue, ensure the total project investment, and the value of the bidding package they participate in.
To have financial capacity suitable to these requirements and regulations, subjects at some enterprises have colluded with subjects at auditing companies to falsify and inflate data on revenue and equity, so agencies, organizations and project investors have chosen enterprises as investors and contractors that do not meet the conditions and capacity.
This leads to projects and construction works not being completed on schedule, being prolonged, being subcontracted, causing damage, loss, and waste of state and organizational assets.
The case that occurred at Phuc Son Group and related units is a typical example of the construction contractor colluding, conspiring, and colluding with the project investor to disclose, provide information, and estimate the bid package, thereby giving the enterprise the conditions and opportunity to win the bid at a very high price, close to the estimated bid package price.
In which, the investor built the estimate using the unit price of raw materials as announced by the ministries and local branches but did not care or pay attention to the actual market price of raw materials, leading to the estimate being built with very high costs, not economical, causing loss of State and organizational money.
Recommendations of the Investigation Agency
From the above situation, the Investigation Police Agency of the Ministry of Public Security has given some opinions. Accordingly, it is recommended that the Ministry of Finance organize management, closely supervise and publicize the asset valuation activities of consulting enterprises used by the asset valuation council (local, ministerial level) as a basis for asset valuation and collection of money for the state, to avoid being exploited by subjects to intervene and distort the valuation results, leading to damage to state assets and organizations.
Recommend that the Ministry of Finance inspect and strictly control the results of auditing activities of auditing companies that confirm financial reports on revenue, expenses, and equity of enterprises used as financial capacity to be approved and recognized by competent authorities as project investors and construction contractors, to limit the subjects from taking advantage of intervention and influencing to inflate actual capacity to be selected as investors and construction contractors, leading to the situation of project implementation not being guaranteed, prolonged, and subcontracted, causing loss and waste of State and organizational assets.
The Investigation Agency recommends that the Ministry of Construction study, evaluate, and advise on proposals to amend and supplement legal regulations related to norms and unit prices in construction in the direction of the estimated price of project items being consistent with actual costs according to market prices, ensuring the principle that enterprises implementing project construction are profitable in terms of maximum savings, avoiding loss of state assets.
In addition, the Investigation Agency also recommended that the Ministry of Finance and the People's Committees of the provinces consider administrative sanctions against valuation and bidding consulting companies that committed violations as concluded in the case (suspending business, revoking certificates of eligibility to conduct valuation and bidding consulting services, etc.)
Criminal acts of 5 former Provincial Party Secretaries related to Hau 'Phao'
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Source: https://vietnamnet.vn/canh-sat-dieu-tra-kien-nghi-nhieu-van-de-quan-trong-sau-vu-hau-phao-2382228.html
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