Self-signed contract extension with AIC Company before the Ministry of Education and Training made a decision

The Inspectorate of the Ministry of Education and Training has just concluded the inspection of the project to invest in teaching equipment in teacher training schools to prepare for the fundamental and comprehensive reform of teacher training after 2015 at Ho Chi Minh City University of Education. The project has an investment of 17.42 billion VND with 3 bidding packages.

According to the conclusion, Ho Chi Minh City University of Education had limitations and shortcomings such as: not fully implementing the process of preparing and approving estimates, contractor selection plans... when signing contracts on the appraisal of equipment values; the official dispatch sent to ASIAN Valuation Joint Stock Company (ASIAN Company) lacked a list of equipment to be appraised, however, the company's certificate had an attached appraisal appendix with a value of 17.42 billion VND; the school had a document extending the time for submitting bidding documents but had no recipient, no notice of change to the bidding documents...

According to the inspector, during the investment preparation process, Ho Chi Minh City University of Education did not submit the project to the Ministry of Education and Training for approval before submitting it for approval.

The school has not conducted an investigation or survey to serve the project preparation as prescribed. The valuation certificate of ASIAN Company does not have a valuation report and does not comply with the standard system.

The school prepared bidding documents without an establishment decision, assigned an organization, individual or hired a qualified and capable consultant to prepare them, violating the provisions of the Law on Bidding...

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Ho Chi Minh City University of Education. Photo: HCMUE

Regarding project implementation, according to the inspection conclusion, Ho Chi Minh City University of Education and AIC Company signed an agreement to extend the contract but did not state the reason and did not sign an additional appendix, which is not in accordance with regulations. The school extended the contract implementation period with AIC Company when the contract had expired, which is a violation of the Law on Bidding.

At the same time, the school and AIC Company extended the contract performance period and signed the extension before the approval decision of the Ministry of Education and Training, which is not in accordance with the provisions of the Law on Bidding...

For package 3, the school has not yet submitted a report on the evaluation of the bidding documents before approving the supplement. The documents of the adjusted package to reduce the content and volume of the project have been approved by the Ministry of Education and Training. The school has also not published the results of the contractor selection in the newspaper.

Packages 1 and 2 do not have contract performance security…

At the end of the project, the school has not yet conducted testing or trial operation before handing over for use. Payment of the contract value without VAT invoice. The project has not been finalized...

School leaders' legal awareness is not timely.

According to the Inspectorate of the Ministry of Education and Training, the cause of the limitations, shortcomings and violations of Ho Chi Minh City University of Education is due to the lack of timely awareness of the law and updating of legal documents by the school's leaders and staff at the time of implementing the investment project.

The internal inspection and examination work of the school has not been given due importance, regularly and effectively. The inspection and supervision work of the functional units under the Ministry of Education and Training has not been thorough and regular.

The Inspector of the Ministry of Education and Training believes that the responsibility for the above limitations, shortcomings and violations belongs to the Principal and Chairman of the Council of Ho Chi Minh City University of Education (during the project implementation period) in his role as head.

In addition, the Vice Principal in charge (during the project implementation period) is responsible for any limitations, shortcomings, and violations as the assigned person in charge.

Relevant departments, functional offices and individuals are responsible for advising and implementing tasks to avoid limitations, shortcomings and violations in each field.

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