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On March 3, the Ho Chi Minh City People’s Protection Institute said it just approved decisions to prosecute defendants in the case “violating regulations on the handling and use of state assets, causing loss and waste,” according to the Article. 219 Penal Code of 2015, occurred in Dong Phuong Import Export Trade Construction One Member Company Limited (Dong Phuong Company), 7 schools and related units in Cu Chi (HCMC).
Consequently, the City People’s Prosecutor’s Office approved an order to prosecute the defendants, arrest and detain the defendants: Le Thi Thanh Tuyen (former Chief Inspector of the Ho Chi Minh City Department of Finance, former Chief of Finance – Planning (TC-KH), Cu Chi District); Phan Van Duyet (Deputy Director of Dong Phuong Company); Phan Van Binh Tam (Director of Construction Consultancy Co., Ltd. of Tam Phu Tai (short for Tam Phu Tai Company, Duyet’s younger brother), along with the crime of “violating the regulations on the administration and use of the state property, loss and waste ”.
The defendant Nguyen Thi Loan (former director of the Cu Chi Department of Education and Training) was also prosecuted for the same crime, but was released on bail.
Briefly increase the volume of work
CSDT (PC03) – The Ho Chi Minh City police have carried out orders in accordance with the law. The defendants were prosecuted for irregularities, resulting in a loss of the state budget of more than 17 billion dong.
Ms. Le Thi Thanh Tuyen used to hold the position of Head of the Department of Finance and Planning of Cu Chi; From January 1, 2016 until the position of Chief Inspector of the Finance Department, the appointment time is 5 years. CQĐT has determined that Ms Tuyen has made a mistake since she served as Head of the Department of Finance and Planning at Cu Chi.
According to the profile, Dong Phuong Company is led by Ms. Le Vu Hong Hanh, and Phan Van Duyet is the deputy director. However, Mr. Duyet brought to the company the package for the construction of the repair of 7 schools in the Cu Chi area, including: Cu Chi Kindergarten 2, Tan Phu Trung Kindergarten 2, Thai School My Kindergarten, Tan Thong Hoi 2 Kindergarten, Tan Phu Primary School, Tan Phu Trung Primary School and Le Thi Pha Primary School.
Mr. Duyet directs all construction, acceptance and settlement activities in 7 schools. In particular, the 64 repair items from 7 schools were reviewed and settled prior to June 30, 2016, and some items are not due to be completed until July 2016, even though they have been finalized. In particular, Tan Phu Trung Primary School has 5/8 repair items paid before construction in June 2016, including: repair, fence upgrade, teachers’ garage …
Due to the change in the position of the fence, the design of the remaining 3 elements had to be changed, so the construction could not continue. On July 25, 2016, Dong Phuong Company and Tan Phu Trung Primary School made a report on the suspension of construction; After that, the company has returned the full payment of more than 1.1 billion that the school paid before. This is also the time when Inspector H. Cu Chi is conducting an inspection of the case.
According to the records, Mr. Phan Van Duyet directly manages the activities of Dong Phuong Company in the repair of the 7 schools mentioned above. In 2016, Ms. Nguyen Thi Loan became Head of the district’s Education and Training Department, directly in charge of the facilities. Mr. Duyet contacted Ms. Loan to be assigned erection and construction.
For the items repaired in 2016, Mr. Duyet asked Mr. Phan Van Binh Tam to use the Tam Phu Tai Company legal entity to sign the design consulting and cost estimate files. Mr. Duyet brought the contract documents for design consulting, cost estimate; construction contracts and acceptance minutes, contractor designation decisions for the school principal to sign prior to construction.
According to Mr. Duyet’s testimony, when he met 7 directors, Mr. Duyet said that the Department of Education and Training assigned Dong Phuong Company to build, so the directors trusted and agreed to sign the entire application without comment. And they didn’t conduct actual acceptance testing either.
CQĐT has determined that Mr. Duyet directly directs the construction, acceptance and liquidation of the works, significantly increases the volume of work to be completed, withdraws the state budget with the difference in volume according to the examination contract. Construction and volume according to the current survey records of the inspection unit more than 17 billion.
Divide to name contractors
CQĐT judges that the repair and renovation according to the funds granted by the Department of Education and Training, the leaders of the 7 schools are only based on the approved cost estimates to sign the consulting contract for the design and the estimate with the Tam Company. Phu Tai; The signing of a construction contract with Dong Phuong Company and the acceptance test records submitted by Mr. Duyet prior to construction, without arranging the acceptance in fact violates the conditions for assuming completion of construction works. As a result, the pre-acceptance test volume is higher than the actual construction, causing damage to the budget of more than 5.8 billion dong.
CQĐT also determines that the principals of the above schools only rely on the budget estimates of the District Office of Education and Training to sign the appointment of contractors, contracts and sign the acceptance of design and cost estimates for Tam Phu Tai Company . Meanwhile, Tam Phu Tai Company did not actually conduct surveys or design, but only signed documents to validate the design results and cost estimates that Mr. Duyet had previously made for the Department of Education and Training.
CQĐT is investigating the expansion to clarify the role and behavior of the people involved.
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What Youth reported, PC03 – The Ho Chi Minh City police in September 2020 decided to resume the investigation of a case of “violation of the regulations on investment in construction works, which caused serious consequences”, occurred in Dong Phuong Company, the schools and related units in Cu Chi to investigate and drive in accordance with regulations. Previously, this case was prosecuted by PC03 in a criminal case (August 2018), but a year later, it was temporarily suspended due to the expiration of the investigation period, but there was still no evaluation conclusion from the Housing Management and Supervision Center . construction plan under the Ho Chi Minh City Department of Construction In June 2019, PC03 continued to have the decision to call an assessment center to determine the damage to the state budget, then on March 19, 2020, this center has an evaluation conclusion to determine the damage in the survey, making design, cost Estimation, construction, supervision, acceptance and settlement of repair and renovation packages for schools in Cu Chi is more than 16.3 billion VND. Therefore, in September 2020, PC03 decided to resume the case. Based on the results of the investigation, so far, the Ho Chi Minh City Police Department of the CSDT has issued a decision to change the decision to prosecute a criminal case “that violates the regulations on investment in construction. , causing serious consequences “to prosecute criminal cases” that violates the regulations on the management and use of state property, causing losses and waste “.
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