The Ministry of Public Security's Investigation Police Agency (C03) has just completed its conclusion and proposed to prosecute defendant Nguyen Minh Quan (50 years old, former Director of Thu Duc City Hospital, Ho Chi Minh City) and 7 other defendants for violating bidding regulations causing serious consequences.
The investigation concluded that during the investigation, the defendant Nguyen Minh Quan did not honestly confess, blamed and shifted responsibility to his subordinates; therefore, he needs to be strictly punished to ensure deterrence and general prevention.
Nguyen Minh Quan before his arrest.
According to the investigation conclusion, the defendant Nguyen Minh Quan, Director of Thu Duc City Hospital, concurrently Chairman of the hospital's Science and Technology Council, Head of the bid evaluation expert team, the bidding document drafting team, and the bid opening team in 2016.
Nguyen Minh Quan signed the decision to establish a drafting team, a bid opening team, a bid evaluation team, and a bid appraisal team with members being 2 Deputy Directors, Head of Medical Equipment and Supplies Department, Head of Finance and Accounting Department, and other hospital staff when they were not qualified, which is a violation of the provisions of Clause 3, Article 116, 15 of Decree No. 63/2014/ND-CP dated June 26, 2014 of the Government detailing the implementation of a number of articles of the Bidding Law on contractor selection.
Although Nguyen Minh Quan is not the legal entity or director of the company, in essence, Nguyen Minh Quan is the real owner and operator of the 4 participating companies (including: Nguyen Tam, Ngoc Dao, Trung Dung and Thanh Vuong SG).
Nguyen Van Loi, Director of Nguyen Tam Company, and the directors of the remaining companies are actually just employees set up by Nguyen Minh Quan to serve the business of medicine, supplies, and medical equipment under Quan's direction.
Nguyen Minh Quan directed Nguyen Van Loi to use the legal entities of the companies in the group to participate in bidding for 27 packages from 2016 to 2019, which is an act of collusion and fraud in bidding, not ensuring transparency in bidding activities as prescribed in Clauses 3, 4, 6, Article 89 of the Law on Bidding 2013.
Nguyen Minh Quan used his personal influence to direct and pressure his subordinates and members of the bidding committees to sign the bidding documents so that Nguyen Tam Company and other companies managed by Nguyen Van Loi would be considered the winning bidder by default, which is a prohibited act in bidding.
Thus, Nguyen Minh Quan took advantage of his position and power to illegally intervene in bidding activities, violating the provisions of Clause 2, Article 89 of the 2013 Law on Bidding.
Nguyen Minh Quan's actions violated the regulations on bidding causing serious consequences, as prescribed in Clause 3, Article 222 of the 2015 Penal Code. Nguyen Minh Quan committed the crime as the mastermind and leader.
" Nguyen Minh Quan must bear criminal responsibility for the damage caused by 27 bidding packages worth more than 81 billion VND ," the investigation conclusion stated.
In addition to the circumstance of taking advantage of his position and power, Nguyen Minh Quan also committed a crime with the motive of profit because the investigation results determined: Regarding the profit from winning 27 bid packages for purchasing medical equipment for Thu Duc City Hospital, this amount, after deducting the cost of paying salaries to employees and the operating costs of the group of companies, was all transferred to Nguyen Minh Quan and his wife, Nguyen Tran Ngoc Diem.
The total amount of money that Nguyen Minh Quan and his wife benefited from 27 bidding packages is 103.6 billion VND, which is determined to be illegal profits that need to be recovered.
According to C03, the Law on Bidding has circulars and decrees guiding but they are general in nature, without detailed instructions for each specific item. Currently, medical equipment is only grouped, without specifying the manufacturer and accompanying price based on the public import price of the supplier and the unified price of many ministries such as the Ministry of Industry and Trade, Finance, and Health. This has created loopholes to circumvent the law, profit, and push up the price of medical equipment.
From there, C03 recommended that ministries and branches need to study and include some types of medical equipment in the price stabilization and price management list so that businesses do not collude to raise product prices.
Hoang Tho
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