From 28 August to 31 August, the Hanoi Court of Appeal will open the first hearing with the suspects in the case "Intentional in violation of the rules of the State on economic management, serious consequences" and "Takeover of bribes" took place at Petrovietnam Petroleum. and Petrochemical Joint Stock Company – PVTEX (Vietnam National Oil and Gas Group). As far as the case is concerned, defendant Vu Dinh Duy (former CEO of PVTEX) has fled and wanted.
Assign a weak contractor, change the apartment in an adjacent house
PVTEX was established on the basis of the investment cooperation agreement of 15/5/2007 concerning the construction of a polyester fiber factory (VINATEX), located in the Dinh Vu industrial zone (Dong Hai district, Hai An district). , Hai Phong City.
Based on the demand for accommodation for staff, when the plant was commissioned, Tran Trung Chi Hieu (then the chairman of PVTEX) signed on August 12, 2009 resolution no. 08 / NQ-PVTEX The General Meeting of Shareholders (2009) the construction of a housing project for employees of PVTEX approved.
|Mr. Tran Trung Hieu. Photo: PVTEX.|
On the basis of the official proposal of the Board of Directors approving the investment report of Vu Dinh Duy (CEO of PVTEX), Tran Trung Hieu signed on 9 June 2010 the decision approving the investment report of the project with a total investment of more than 318 billion, with the first phase exceeding 101 billion and the second phase more than 212 billion.
During the implementation of the housing project, the suspect committed acts that are contrary to the regulations of the state in the field of building investments, which led to serious, unfinished projects, which have caused waste of resources. investment capital, damage to property of the state.
Congratulations, on November 16, 2009, Tran Trung Chi Hieu signed the appointment decision of PetroVietnam Construction Joint Stock Corporation (PVC) to build the project. Accordingly, in accordance with PVN's general policy, PVC has sent a letter to PVTEX to enable the Joint Stock Company (KBC) of Kinh Bac Petroleum Investment and Construction to negotiate and sign PVC contracts on behalf of PVC. Investors, carry out the construction, carry out the pre-acceptance test, settlement and other tasks related to the bid package. On August 21, 2010, PVC.KBC signed the joint venture agreement No. 305/2010 with the International Design Joint Stock Company HEERIM.PVC to implement the project.
For the change of contractor, PVTEX has a written report and PVN has agreed that PVTEX can be appointed and signed with PVC.KBC / HEERM.PVC.
On December 8, 2010, authorized by Tran Trung Hieu, Vu Dinh Duy signed on behalf of the PVTEX Board of Directors the decision approving the change of the legal status of the bidder of the PVC contractor to the PVC contractor. KBC and HEERM.PVC. At the moment, members PVC.KBC and HEERM.PVC have just started.
According to the requirements of PVTEX, both members of the joint venture contractor can not meet the minimum requirements of the number of business years in the field of advice on investment projects, design and construction. Works for 5 years or longer; Does not meet the requirement of a similar contract in terms of scale, value (as Phase I of the project) is a contract; Not meeting the requirements of average turnover and profit in the past 3 years.
On December 12, 2010, however, Vu Dinh Duy signed document number 89a / CVNB-VDD, PVC PVC Joint Venture and HEERM-PVC qualified to win the contractor's appointment, proposed to the Board of PVTEX approval. On 13/10/2010 Tran Trung Hieu signed the approval decision.
A day later Vu Dinh Duy and Do Van Hong (then General Manager of PVC.KBC) signed a contract for the construction of a phase I housing project with a full package value of approximately 101 billion.
Tran Trung Hieu and Vu Dinh Duy signed the decision to select PVC.KBC and HEERM-PVC in violation of point c, Article 1 of Article 41 of Decree 85/2009 / ND-CP of 15/10/2009 of the Government supervise the implementation of the law on tendering.
Tran Trung Hieu and Vu Dinh Duy, who approved the project as condominium, later adapted the design of the housing of the project and agreed to continue the construction of the adjacent house. is in violation of the provisions of Clause 5, Article 30 of the 2005 Housing Act.
Get money and leave the project
For alleged wrong actions in the advance and the use of advances, Tran Trung Hieu would know whether the transfer to PVC.KBC 20 billion to carry out the project is not in accordance with the provisions of the contract Nr. 14, but still gives Vu Dinh Duy the order to carry out procedures and sign approval policy.
Dao Ngoc Hoang, head of the trade department of PVTEX, is responsible for advising and proposing the aforementioned advance, which is contrary to the regulations, but advises Vu Dinh Duy to make the decision to pay in advance to the board. of the board.
Vu Phuong Nam, as Chief Accountant, is responsible for the financial activities of PVTEX, the payment and settlement of investment capital, knowing that the advance of VND 20 billion for PVC.KBC will increase the payment amount and Exceeding the regulations, but do not advise , proposed to stop the advance but continues to pay VND 20 billion for PVC.KB.
After receipt of 20 billion, Do Van Hong used the wrong target, not used to complete the project as recorded, not built further, until 31/12/2012 stop all activities, withdrawing all machines and labor from the site, so far the work has been unfinished, seriously affected. The behavior of the defendants caused more than VND19 billion in damages.
Do Van Hong proactively stated in the research process that the defendant spent $ 3 billion in 2010 on Vu Dinh Duy and Tran Trung Hieu, each of which contributed to equity when the Kinh Bac PVTEX Company was established. .
According to the profile, the company was founded in 2010 with a chartered capital of VND30 billion, focused on the production of spin-coil and catton sold to PVTEX and PVTEX for the purchase of products and copper, thereby facilitating the purchase of PVTEX products. .
Hong is the chairman of Kinh Bac PVTEX with 70% of the shares (respectively 21 billion dong), PVTEX contributes 10% of the shares (equal to 3 billion) per brand. The remaining 20%, Vu Dinh Duy, asked Hong to pay every 10% of the shares to Duy and Tran Trung Hieu.
According to the indictment, there are sufficient reasons to allow the founding of Kinh Bac PVTEX, Tran Trung Hieu and Vu Dinh Duy to take advantage of their power and influence to force Do Van Hong to pay for each person. VND to Dong Van to contribute capital to establish Kinh Bac PVTEX and to facilitate Kinh Bac PVTEX in trading and trading products with PVTEX.
In addition, Do Van Hong also reported that Hong, in the process of cooperation with Vu Dinh Duy, spent nearly 9 billion euros to repair the house and to contribute capital to Duy at PVC – KBC. Duy is currently absent, authorities have not clarified this content.
Tran Trung Hieu (chairman of PVTEX) and Vu Dinh Duy were accused of two counts of deliberate violations and taking bribes. Research on the Ministry of Security of the Ministry of Public Security is looking for Duy because the object has fled.