Proposal to transfer the file to the investigation agency to clarify violations in the medical equipment procurement project

Violations of Director of the Department of Health and Deputy Director in charge

According to the Inspection Newspaper, Inspection Conclusion No. 23/KL-TTT dated April 19, 2024 of the Bac Lieu Provincial Inspectorate on the unexpected inspection of law enforcement for medical equipment procurement project. The Hospital for Tuberculosis and Lung Diseases (project) has pointed out a series of violations to the Department of Health.

There are violations within the responsibility of the Director of the Department of Health and the Deputy Director in charge, lack of inspection and supervision, loose management, and improper implementation of regulations; Relevant departments of the Department (estimate appraisal team, Finance – Planning Department) implemented regulations incorrectly, affecting project implementation progress, most of the equipment has expired warranty period, inspection, causing difficulties in determining responsibility, damage, loss of state budget, waste of investment resources, need to be transferred to the police investigation agency for investigation and clarification, and handling according to regulations law.

Specifically, in investment preparation work, the Department of Health has advised, prepared and submitted to the Provincial People’s Committee for approval Decision No. 239/QD-UBND stipulating standards and norms of medical equipment for a number of items. not a medical device.

The quantity and procurement list are mainly based on Decision No. 239/QD-UBND, which has not properly assessed the situation of patients undergoing medical examination and treatment according to classification, the need to use each type of equipment in each period; has not promptly advised the Provincial People’s Committee to adjust and supplement Decision No. 239/QD-UBND according to the guidance of Circular No. 08/2019/TT-BYT.

Provincial Chief Inspector Bui Thanh Nguyen said that, from the above shortcomings, over the time the hospital has been in operation, the number of patients examined and treated is very limited, and many types of equipment are unused or underutilized. function, violating Clause 3, Article 23 of the 2018 Law on Thrift Practice and Anti-Waste.

In approving bidding documents and bidding results, the Department of Health lacked strict inspection in preparing bidding documents, evaluating bids, and appraising project management consulting packages. and purchasing and installing equipment for consulting units leading to approval of violations.

On the other hand, not properly performing responsibilities in inspection and supervision in the implementation of consulting contracts on valuation, supervision, project management and procurement contracts leads to violations in units. violation.

Along with that, in signing and implementing the equipment procurement contract, the contract does not specifically state the model, technical specifications, configuration of some equipment accessories.

Failure to comply with contract terms and bid documents; Some equipment that has been accepted and put into use lacks records, has the wrong model, origin, and technical errors; Customs documents, certificates of origin, and quality certificates do not ensure legality according to regulations. In particular, there are 8 machines to help adults and children breathe; 2 corpse preservation cabinets; two-door disinfectant washer with drying; 4 testing machines; 3 HIACE brand ambulances.

In addition, the investor has not fully recorded the feedback from the user unit regarding the contractor providing goods that are not in accordance with the contract. The investment monitoring report does not fully demonstrate the limitations and shortcomings as prescribed in Clause 1, Article 96 of Decree No. 29/2021/ND-CP of the Government.

Signing a contract extension is somewhat lacking in objectivity and does not reflect reality; Do not require the contractor to extend the contract performance guarantee contrary to Clause 4, Article 66 of the 2013 Bidding Law.

The conclusion also shows that most of the equipment paid by the investor to the contractor during the stage of delivery and receipt of equipment has not yet been accepted and put into use, contrary to the contract, violating Article 95 of Decree No. 63. /2014/ND-CP, leading to contractors misappropriating budget money, delay in correcting errors, and delaying progress.

Violations of Western Construction Consulting Company Limited and Nam Viet Construction Investment and Consulting Joint Stock Company

According to the inspection conclusion, Western Construction Consulting Co., Ltd. is the supervision consulting unit. Nam Viet Construction Investment and Consulting Joint Stock Company is a project management consulting unit.

During project implementation, these two units also allowed violations to occur. Provincial Chief Inspector Bui Thanh Nguyen concluded: Western Construction Consulting Co., Ltd. was irresponsible and showed signs of cover-up and intentional wrongdoing during the process of inspecting and supervising the delivery and receipt of equipment. , not recommending remedial measures when the contractor delivers goods not in accordance with the contract or making recommendations after signing the acceptance record, not completing the monitoring tasks according to Articles 5 and 12 of the contract, causing difficulties for handover work (investor to user unit), affecting project implementation time, wasting investment resources.

This sign of violation is the responsibility of Western Construction Consulting Co., Ltd., and should be transferred to the police investigation agency for investigation and clarification and handling according to the law.

As for Nam Viet Construction Investment and Consulting Joint Stock Company, the conclusion was that the change of project management director was not in accordance with the bid documents and contract, did not meet the capacity and experience, and did not notify the project manager. reported to the investor, contrary to Clause 1, Article 10, Part 1 of the Contract, Clause 2, Article 3 of Contract No. 05/2020/HD-TVNV. The consequences affect the handover process (investor and user unit), prolong project implementation time, and waste investment resources.

Thereby, it shows that the company arranged personnel that did not meet the capacity, was irresponsible, showed signs of cover-up, and intentionally did wrong during the project management process, allowing many violations to occur in the delivery and receipt of the project. equipment, sign an acceptance record when the contractor delivers goods that are not in accordance with the contract, and the legality of the documents is not guaranteed according to the provisions of Article 3 of the Contract. On the other hand, the management and storage of records is fragmentary, unscientific, and the coordination of providing records is not timely, affecting the implementation progress of the inspection team, making it difficult for inspection and investigation work. mat.

Provincial Chief Inspector Bui Thanh Nguyen concluded: “The above violation is the responsibility of Nam Viet Construction Investment and Consulting Joint Stock Company and should be transferred to the police investigation agency for investigation and clarification. handled according to the law”.