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(PCU) - In recent times, the Bidding Newspaper noted that the cases of contractors who have committed fraudulent bids (happening bidders) occurred and increased alarmingly. From sophisticated fraud to blatant Most recently, the fraudulent case study is very sophisticated in Binh Dinh. To attend Package No. 11 (C1-BD-GÐ2-W1) Construction of 3 Cu Le, Lu Mon and Ho Cung reservoirs under Dam Dam Safety Improvement and Improvement Project (WB8), Binh Dinh Province , Duc Hai Co., Ltd falsified Decision No. 4570 / QD-UBND dated October 10, 2013 of Nghe An Provincial Peoples Committee on approving the Economic and Technical Report: Repairing and upgrading Ho Trung reservoir, Quynh Chau commune, Quynh Luu district, Nghe An province. Without checking the information declared in bid dossier, the bid solicitor will not know that the contractor has voluntarily modified a small detail in the Decision from scale of level IV construction into scale. level III works ”. Similarly, in Lao Cai, when comparing and comparing 2 Bid dossiers of the same contractor, Lao Cai ODA Project Management Board discovered that there are many untruthful signs of capacity and experience. When attending 2 bidding packages of this tenderer (a bidding package to select contractors in July 2015 and a bidding package in August 2018), HTC High Technology and Construction Joint Stock Company (formerly called HanoiTC Equipment Joint Stock Company) provided the same contract as the Contract of construction of Vinh Niem Wastewater Treatment Plant (Package B) signed on June 13, 2014 with KUMHO Industry Company Limited. However, it is worth mentioning that the value of this contract in 2 bid dossiers is different to 1 billion Japanese yen, equivalent to about 200 billion VND. Do not stop at minor details, fraudulent acts of some contractors also show that the level of violation is more blatant, disregarding the law, challenging both investors, bidders as well as functional agencies. For a bidding package of hundreds of billions of VND in Phu Yen, the winning bidder has declared a contract similar to fake a construction and installation package in another locality - Thanh Hoa. The case was only discovered at the end of March 2018 when the investor of the bidding package in Thanh Hoa said that they had never signed a contract with this contractor, and in fact this package was won by another contractor, in construction process, unfinished. Or as in the electricity industry, AE Construction Joint Stock Company has provided two similar fake contracts (signed with Power Transmission Company 3) to attend 6 bidding packages invited by Power Transmission Company 4 . The Center for Labor Protection and Environmental Protection (Hanoi) was also exposed by Bac Giang Power Company (Investor) to create false documents to participate in online bidding. Package 04.11 Procurement Workers in 2018 ... In the transport sector, in October 2018, Tan Khanh Hoa Co., Ltd. (Khanh Hoa) was found to be fake 2 similar contracts signed with the Dien Khanh Construction Works Management Board to attend a bidding package. belonging to the unexpected repair works of sewers Km53 + 740, Km53 + 810 and Km54 + 500 Highway 27C, Khanh Hoa province. Even with bidding packages with the winning bid price of more than VND 500 billion, the fraud of bid dossier still occurs as for the case of Road Management and Construction Joint Stock Company 234 and Road Management Joint Stock Company. Peaceful... Enhance the responsibility of the investor Contractors with the above-mentioned fraudulent behavior had to receive proper penalties. In particular, most of them are prohibited from bidding for 3-5 years within the scope of management of investors with bidding packages violated (Item 1 Article 122 Decree 63/2014 / ND-CP, Clause 4 Article 89 of the Bidding Law). With this period of banning, many contractors will face the risk of closing and bankruptcy. In fact, in the face of this penalty, a business director specialized in building and building contractors could not stop breathing in his brain when knocking on the door everywhere to escape the sentence but failed: 4 years lies , What does the company take to pay workers with hundreds of people, operate machines, factories ..., not to mention the amount of bank loans coming to maturity!. Not only that, if under the provisions of Article 222 of the Criminal Code, anyone who commits fraudulent acts in bidding, causing damage to property from VND 100 million to under VND 300 million or under VND 100 million but having been disciplined for this behavior and still in violation, there is also a risk of non-custodial reform for up to 3 years or imprisonment from 1 year to 5 years. It can even be imprisoned for up to 20 years if the offense causes property damage valued at VND 1 billion or more. However, according to some contractors with the Bidding Newspaper, the cases of being detected and brought to light are still very small compared to reality. Most cases are discovered only when there is a denunciation, or the investor intends to search for traces in the type of contractor, rather than completely due to the mind and responsibility. The reason for many contractors still risking violations is because some investors ignore, cover for violating contractors, or not strictly handle violations. On the other hand, individuals who violate the provisions of Article 222 of the Criminal Code are prosecuted in reality. |
