Reporter (R): How do you assess the consequences of law violations in bidding over the past time?
Lt. Gen. To An Xo: Economic and corruption cases investigated by the MPS’s Criminal Investigation Agency in recent years showed that wrongdoings in bidding have been detected in many projects related to traffic, construction, information and communication as well as healthcare, education and culture. These law violations have left various negative consequences to society as well as triggered resentments to people.
Firstly, it is the case of collusion between the bid inviting party and a bidder. More often, the bid inviting party and the bidder have a dubious connection so the bid inviting party may provide confidential information about the bidding to the bidder so that the bidder could win the bid. The bid inviting party may appoint the bidder despite the bidder’s lack of capacities for the project. Next, the two sides may collaborate in raising the prices to illegally earn benefits from the project. In other cases, the entrepreneur may bribe the project manager and appraiser so that they will appraise the low-quality project. All of the above wrongdoings in bidding cause huge losses to the State Budget.
Secondly, if discrimination and inequality in bidding continue in ministries, branches and localities, it will hurt investment activities, weaken the driving force for economic development, undermine the trust of the people and the business community, as well as distort the guidelines and policies of the Party and State, and fail to bring into full play the roles of economic sectors in the socialist-oriented market economy of Vietnam.
Thirdly, bid rigging and collusive bidding often involve many high-ranking officials who can have influence on all phases of the bidding from bid invitation to bid approval, appraisal, inspection and supervision of contractors. They even can interfere in the process of drafting and implementing bidding policies to win privileges for themselves, their families or a target group of people in a discreet manner, regardless the efficiency and quality of the project, as well as any losses to the State.
So deliberate wrongdoings in bidding can be seen as ones of the manifestations of the deterioration of political ideology, morality, and lifestyle of cadres and Party members, leading to “self-evolution” and “self-transformation.” This will cause resentments in society and undermine people’s confidence in the leadership of the Party and the management of the State.
R: Cases of violating laws in bidding, such as the case of procurement fraud at the Hanoi CDC or the educational equipment bidding case, all involved the State officials. Did the competent agencies have difficulties in investigating these cases.
Lt. Gen. To An Xo: In practice, it is very difficult for competent agencies to detect and investigate cases of violating laws in bidding. Most of the cases are related to officials holding high positions at the agencies and organizations. Firstly, these officials themselves have good knowledge of economic management policies, as well as know how to avoid inspection and investigation, to disperse and hide their illegally-obtained assets. Secondly, as they are key cadres in their units, they can manipulate administrative mechanisms and force their subordinates to collaborate and assist them in concealing their mistakes, legalizing false documents and destroying evidence. Thirdly, they have a wide social connection network with powerful persons, who can interfere with the investigation and prevent functional forces from collecting documents on their wrongdoings.
In addition, the bidding process and procedures under the 2013 Law on Bidding and current guiding documents still have shortcomings and loopholes, creating opportunities for individuals to commit wrongdoings in bidding activities while causing difficulties for investigation agencies to address their violations.
The current regulations on product quality assessment as well as asset valuation are not very specific and clear while the origins and quality of goods vary on the market. This makes it more difficult for competent agencies to evaluate the true prices of the purchased items so as to prove their guilt, determine their big rigging and write up the bid items for illicit earnings.
R: What approaches did the MPS take to bring wrongdoings in bidding to light and prevent potential law violations in bidding?
Lt. Gen. To An Xo: Over the past time, the MPS has directed relevant agencies to thoroughly grasp the directions of the General Secretary, Head of the Central Steering Committee on Anti-corruption on anti-corruption. Under the direction, each corruption case investigated by the MPS becomes an alarming for the entire region. It means that today’s handling of each wrongdoer can prevent many others from doing wrong in the future. Normally, the functional agencies under the MPS focus their efforts on thoroughly handling a typical case of law violation in economics to deter other officials in one sector from doing wrong. Several typical economic cases causing large consequences, which have been thoroughly handled over the past time, include wrongdoings in bidding at Hanoi CDC, Bach Mai Hospital, the Health Departments of Ha Tinh province and Can Tho city as well as the Departments of Education and Training of Quang Ninh, Thanh Hoa and Dien Bien provinces.
The MPS has given the Government and relevant ministries and branches various solutions to fix shortcomings in economic management, contributing to preventing potential violations in bidding.
