State Audit Office points out many 'loopholes' in bidding work

A series of violations in bidding work

Many "major cases" related to violations in project bidding that caused losses and waste of state assets have been continuously brought to court recently. The consequences of these violations are not ensuring fairness, transparency and fair competition in investment activities, stunting development motivation, reducing the trust of the people and the business community, distorting the policies of the Party and the State...

State Audit discovers many "loopholes" in bidding work

Identifying this as a sensitive area, prone to negativity, the State Auditor General regularly directs audit units and audit teams to strengthen inspection, review, and clarify violations in this area. Chief Auditor of the State Audit Department IV (the unit conducting audits of transport investment projects) Vu Thanh Hai said that, in implementing the directive, in auditing, the unit pays special attention to compliance with bidding regulations.

Accordingly, when auditing construction investment projects, audit teams and auditors must carefully consider everything from bidding documents, bidding criteria to contract details, to avoid the risk of missing errors, leading to risks, as well as reducing the effectiveness and efficiency of audit activities...

With the serious and responsible participation of auditing units, a series of violations in the implementation of bidding laws have been pointed out by the State Audit Office. Notably, in the selection of contractors, the contractor selection plan still has inappropriate and incomplete content; the determination of the form of contract is not appropriate; the application of the form of designated bidding does not ensure compliance with regulations...

For example, through the audit results of construction activities and investment capital management in 2023, the State Audit Office pointed out that Kien Giang province appointed the contractor for the Consulting Package of the Kien Giang Provincial Oncology Hospital Project with a scale of 400 beds; Thanh Hoa province appointed the contractor for the Dong River and Sam Son Residential and Resettlement Area Project, which was not in accordance with regulations...

There is even a situation where investors set criteria that limit competition among contractors (Thanh Hoa 5 projects, Da Nang 3 projects, Dak Lak 1 project), and divide bidding packages inappropriately (National Master Plan Project for the period 2021 - 2030, vision to 2050 implemented by the Ministry of Planning and Investment).

Previously, in 2022, many similar violations in the bidding process were also pointed out by the State Audit Office. Notably, the application of the form of designated bidding that did not comply with regulations was common in many localities such as Binh Dinh, Long An, Ninh Binh, Dien Bien, Phu Yen, Dak Lak... Notably, many investors also set out criteria to limit competition between contractors, typically the North-South Expressway Project in the East phase 2017-2020, Nghi Son - Dien Chau section and many other projects...

From the audit results, the State Audit Office proposed that the Government and the Prime Minister direct ministries, branches, localities and audited units to rectify and strictly handle collective and individual responsibilities for the shortcomings and violations mentioned above.

Warning, deterrence of violations

The implementation of the law on bidding in recent times shows that there are "loopholes" that create opportunities for organizations and individuals to take advantage of to commit bid fraud. Through the investigation and trial of recent bidding violations, it is shown that in each different field, subjects use extremely sophisticated tricks to conceal violations in bidding for personal gain; including the participation and assistance of leaders and managers at all levels...

Through audit, the State Audit Office recommends amending shortcomings in mechanisms and policies.

With its statutory functions, the State Audit Office has focused on auditing areas prone to corruption, negativity, and issues of public concern. In particular, the State Auditor General requires that during the audit process, if any violations with signs of crime are detected, the head of the unit presiding over the audit must promptly report to the State Auditor General to immediately transfer the case file to the investigation agency or competent authority for handling in accordance with the law, without waiting until the end of the audit process.

In fact, every year, the State Audit Office has transferred many cases to investigation agencies and competent authorities to serve the investigation and supervision of cases with signs of law violations.

Not only recommending financial handling and handling of responsibilities with organizations and individuals related to violations in bidding, from audit findings, the State Audit Office has recommended amending shortcomings in mechanisms and policies related to bidding, in order to plug "loopholes" in the mechanism. Deputy General Auditor Dang The Vinh said that in the process of amending the recent Law on Bidding, the State Audit Office has contributed many important opinions to complete the Draft Law. Many recommendations of the State Audit Office have been accepted and specified in this law.

For example, regarding the issue of bid designation, audit practice shows that there are many cases of dividing bid packages and investment phases to designate bids. "To solve this problem, cases of bid designation need to be more specifically stated in the law and regulations to prevent the situation of dividing bid packages and designating bids," the Deputy General Auditor emphasized.

Stating the viewpoint of our Party and State in preventing and combating corruption and negativity is "proactive prevention, prevention is the main thing", Associate Professor - Dr. Dang Van Thanh, Chairman of the Vietnam Association of Accountants and Auditors, said that through audit findings, the State Audit has pointed out errors in each stage and each time, helping violating units to make timely corrections. This demonstrates the role of the State Audit as a tool to help prevent corruption and negativity early and from afar, but also demonstrates deterrence, determination, "no forbidden zones" when the State Audit recommends handling violations to the end.

From another perspective, National Assembly delegate Pham Van Hoa (Dong Thap delegation) said that, from the shortcomings and errors in bidding activities pointed out by the State Audit, on the one hand, it requires agencies, units and individuals to accept the recommendations of the State Audit, further enhance awareness, responsibility, and strictly comply with the provisions of the law on bidding to avoid legal risks, even though they have been warned in advance. On the other hand, to promptly and effectively prevent violations, in the coming time, it is necessary to further strengthen inspection and audit activities in the bidding field.

"As directed by the State Auditor General, the State Audit Office needs to continue to immediately transfer files on cases with signs of violations for investigation and strict handling," delegate Hoa stated.

Although it does not have the function of investigating to the end and must limit auditing according to the State Audit Law, the findings of the State Audit are valuable and meaningful. These are initial but very important findings, helping the competent investigation agencies to examine more deeply to assess violations and identify crimes, especially in the field of bidding, with many very sophisticated crimes that are very difficult to detect by conventional inspection measures.

Dr. Nguyen Minh Phong

Source: https://thanhnien.vn/ktnn-chi-ra-nhieu-lo-hong-trong-cong-tac-dau-thau-185240529215624769.htm