'Special practice' and the story of businesses 'cleverly giving money' in the AIC Bac Ninh case

On the afternoon of November 1, the People's Court of Bac Ninh province will sentence 13 defendants in the case of "Violating bidding regulations causing serious consequences; giving bribes; receiving bribes; taking advantage of positions and powers while performing official duties" occurring at the Medical Construction Project Management Board under the Department of Health of Bac Ninh province, AIC Company and related units.

According to the accusation, in the process of implementing the bidding plan for 6 equipment procurement packages at 6 investment projects to build district-level general hospitals in Bac Ninh province, the defendants belonging to the investor, contractor, and price appraisal unit committed the following acts: Bribery, violating bidding regulations causing serious consequences.

Meanwhile, the defendants from state management agencies committed the following acts: Receiving bribes, taking advantage of their positions and powers while performing official duties to allow AIC Company and companies belonging to the AIC ecosystem, and companies belonging to the Song Hong Group to win bids for 6 packages, causing losses to the State of more than 48 billion VND.

Around mid-2013, before implementing 6 medical equipment procurement packages in Bac Ninh, Mr. La Tuan Hung (General Director of Song Hong Corporation) met with Mr. Tran Van Tuynh (then Director of the Bac Ninh Province Medical Construction Project Management Board), requesting support for the province to request additional government bond capital to continue implementing unfinished projects, including 6 district-level general hospital projects. In return, the Song Hong Corporation group won the medical equipment procurement packages of 6 district-level general hospitals.

Then, AIC Company made a similar proposal to Mr. Tuynh. As a result, both Song Hong Company and AIC Company won the bid.

''Special practice'' outside the text?

Answering the interrogation in court, Mr. Nguyen Tu Quynh, former Chairman of the People's Committee of Bac Ninh province, stated that during the period of 2013 - 2015, in Bac Ninh, any unit that requested capital for the province was awarded the bid. This has become a "custom" in Bac Ninh, although there is no official document regulating it.

Mr. Quynh was accused of receiving 1 billion VND from former AIC Chairwoman Nguyen Thi Thanh Nhan and receiving 1 billion VND from Mr. Tuynh (this money was given to Mr. Tuynh by Dang Tien Phong and La Tuan Hung of the Song Hong Company group).

In addition, from 2013 to 2019, Ms. Nhan gave gifts to Mr. Quynh for holidays and Tet, totaling 8.1 billion VND.

According to Mr. Quynh's lawyer, the former Chairman of Bac Ninh province received money from businesses on holidays, Tet, and birthdays, causing the defendant to confuse emotional gifts with criminal acts.

The lawyer analyzed that the questioning process in court showed that there was ambiguity and confusion between the traditional gratitude between superiors and subordinates, between the emotional relationship between fellow countrymen and colleagues on every holiday and Tet every year, and the so-called "thank you" related to the incident.

Regarding receiving money from businesses, according to the testimony of former Secretary of the Bac Ninh Provincial Party Committee Nguyen Nhan Chien in court, Ms. Nhan often used the excuse of congratulating people on birthdays, promotions, retirements, etc. to give money. The defendant did not know that the money was from bidding packages.

Mr. Chien's lawyer said that when giving the money, Ms. Nhan arranged it carefully and skillfully, making it difficult for the recipient to refuse and unable to think it was a bribe.

The lawyer explained that from 2006 to 2008, Bac Ninh province built 6 new district-level general hospitals with a total investment of more than 497 billion VND, but all 6 general hospitals operated ineffectively because they lacked medical equipment.

Investment capital was lacking because the local budget was not available and the central budget was in difficulty. At that time, two businesses appeared to raise the issue, claiming to have received capital from the central government to complete the project for the hospitals to operate.

In that context, both the leadership system of Bac Ninh province and Mr. Nguyen Nhan Chien created conditions for businesses to win bid packages.

Collusion with businesses

At the trial, the representative of the Procuracy presented the indictment that, in the process of implementing the correct policies of the Party and State in general and the procurement of medical equipment in particular, in some places, some individuals and businesses, especially those who are Party members and civil servants in management roles, have not been able to maintain their fortitude in the face of material temptations.

They took advantage of the purchase of medical equipment, colluded with businesses, committed illegal acts to benefit themselves and caused particularly serious damage to state assets.

Many economic and corruption cases have attracted public attention, especially cases in the fields of investment in construction of infrastructure and procurement of medical equipment, which have been prosecuted, investigated, prosecuted, and tried by the prosecution agencies, demonstrating the fairness and strictness of the law and creating trust among the people.