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How can a violation of bidding regulations be penalized?

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Recently, the media has continuously reported on the news of the Deputy Director of Ho Chi Minh City Eye Hospital. Specifically, Mr. Nguyen Tri Dung violated regulations on bidding, causing serious consequences. In addition to Mr. Dung, 3 other defendants considered accomplices of the case. The investigative agency is still investigating the case. However, if can determine that Mr. Dung is guilty, Mr. Dung will likely be held criminally responsible. Specifically, the crime of violating regulations on bidding causes serious consequences.

So, many people ask the following question.

How can a violation of bidding regulations be penalized?

Let’s answer with Lawyer X through the following article:

– Penal Code 2015 Amendments and Supplements 2017

Consulting content:

What is a tender?

A tender is an offer of a price set by an individual or business for a product or service or a demand that something is done. Bidding can use to determine the cost or value of a service or product.

How can a violation of bidding regulations be penalized?

Acts of the accused according to the investigation documents:

4 defendants, including Nguyen Minh Khai – Director of Ho Chi Minh City Eye Hospital; Vo Thi Chinh Nga – Deputy Director of Ho Chi Minh City Eye Hospital; Phi Duy Tien – Former Deputy Director of Ho Chi Minh City Eye Hospital; Nguyen Quoc Toan – former Head of Surgery Department of Anesthesia and Resuscitation – participated in directing and implementing the bidding package “Purchase of monofocal artificial lenses in 2018.

When conducting procurement bidding, some leaders of Ho Chi Minh City Eye Hospital violated the law on bidding so that equivalent artificial could meet the technical requirements and have the same quality. lowest bid price, buy glass products with high bid price, including CT Asp lenshina 509M artificial lens for 3.1 million VND/piece; CT Asphina 509MP artificial lens with the price of 3.6 million VND/piece; besides, CT Lucia 601PY artificial lens for 3.4 million VND/piece; CT Lucia 201P artificial lens for nearly 3 million VND/piece.

The fact that Ho Chi Minh City Eye Hospital chose a higher-priced lens product to win the contract against the regulations led to the health insurance and the patient having to pay the difference, causing a total loss of more than 14.2 billion VND. copper. In which, the damage to the Health Insurance Fund is more than 5 billion VND, the patient with health insurance is more than 7 billion VND, and the patient without health insurance is nearly 2 billion VND.

The acts of the accused may sue for violating the regulations on bidding, causing serious consequences. Serious consequences reflect in the amount of damage mentioned above.

How can the accused be punished?

Crimes of violating regulations on bidding, causing serious consequences are specified:

Frame 1

1. Those who commit one of the following acts, causing damage from 100,000,000 VND to under 300,000,000 VND or 100,000,000 VND but are disciplined or administratively sanctioned for administrative violations. If they continue to commit this violation, then they sentenced to non-custodial reform for up to 03 years or a prison term of between 01 and 05 years:

a) Illegal interference in bidding activities;

b) Tender notice;

c) Fraud in bidding;

d) Obstructing bidding activities;

dd) Violating the law on ensuring fairness and transparency in bidding activities;

e) Organize contractor selection when the source of capital for the bidding package does not determine, leading to arrears of the contractor’s capital;

g) Unauthorized contractor transfer.

Frame 2

2. Committing the crime in one of the following circumstances, the offenders receive a sentence of between 3 and 12 years of imprisonment:

a) For self-interest;

b) Organized;

c) Abusing positions and powers;

d) Using sophisticated and cunning tricks;

dd) Causing damage of between VND 300,000,000 and under VND 1,000,000,000.

Frame 3

3. Committing the crime and causing damage of VND 1,000,000,000 or more, the offenders receive a sentence of between 10 and 20 years of imprisonment.

Frame 4

4. Offenders may also be banned from holding certain posts or doing certain jobs for 1 to 5 years or having part or all of their properties confiscated.

The determination of the accused’s crimes also depends on the investigation process. In particular, the specific level of judgment depends on the trial Court. However, through the prescribed penalties, it show that there are aggravating factors. For example, causing damage with an amount of over 1 billion Vietnam dong. Or commit an organized crime, and abuse their positions and powers to violate bidding activities.

Specifically, in this case, let’s wait for the conclusion of the authorities!

Please see more:

What is the penalty for causing environmental pollution?

Penalties for using counterfeit money in accordance with Vietnamese law

Frequently asked questions

What is a tender?

Bidding is often understood as collusion, collusion, and arrangement between the parties participating in the bidding for one party to win the bid, thereby losing the fair competition and transparency of the bidding.

What is organized crime?

Organized crime is a form of accomplices with close collusion between people who commit crimes.

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