Dialysis case kills 8 people: Many "problematic" contracts revealed

To obtain equipment for dialysis, the director of Hoa Binh General Hospital signed many contracts with a pharmaceutical company. As soon as they accessed the case file, legal experts recognized a series of “problematic” contents, with many sophisticated tricks to circumvent the law.

Selling "wild ducks"...

Accordingly, on May 25, Hoa Binh General Hospital (Hoa Binh General Hospital) signed an economic contract with Thien Son Pharmaceutical Joint Stock Company, directed by Mr. Do Anh Tuan. The contract content shows the package of supplying materials to repair RO water system No. 02 for Hoa Binh Hospital, with the following items: Quartz sand, supporting gravel, Norit activated carbon, Cation resin beads to soften water, 3x4 stainless steel valve with open door, RO membrane 404AG 90, underwater UV lamp set, MC22A LS starter, water system sterilization and AAMI standard biochemical testing...

However, on May 25, Thien Son Pharmaceutical Joint Stock Company (Thien Son Company) "sold" the contract to a third party. Specifically, Thien Son Company signed a contract dated May 2017 with Tram Anh Water Treatment Company Limited, directed by Mr. Bui Manh Quoc, with the content of providing the above items on behalf of Thien Son Company.

With this very “problematic” detail, Dr. and lawyer Le Van Thiep, Head of Toan Cau Law Office, Hanoi Bar Association, after studying the case file, commented: “It is clear that Thien Son Company does not have the capacity to participate in the bidding package, and immediately after signing the contract with Hoa Binh General Hospital, they hastily “transferred” it on the same day. That shows that Thien Son Company sold something it did not have. In other words, Hoa Binh General Hospital signed an economic contract with a business company that was… “a wild duck”.

Why are many contracts under 100 million VND?

According to the case documents, during the process of signing economic contracts with Thien Son Company, the value of many contracts did not exceed 100 million VND. For example, the contract signed on May 25 between Hoa Binh General Hospital and Thien Son Company was worth 99,360,800 VND.

Analyzing this situation, Dr. Le Van Thiep, a law doctor, said that this is a trick of Hoa Binh General Hospital to circumvent the law, in order to deal with superiors, because according to the regulations of the legal document system, for contracts with a value of less than 100 million VND, the units will have the right to decide for themselves, and the Department of Health is considered "outside".

Specifically, in Article 54 - Bidding appointment limit, Decree 63/2014, detailing the implementation of a number of articles of the Bidding Law on contractor selection states: "Not exceeding 500 million VND for bidding packages providing consulting services, services, public services; not exceeding 1 billion VND for bidding packages for procurement of goods, construction, mixtures, purchase of drugs, medical supplies, public products; not exceeding 100 million VND for bidding packages under the regular procurement budget".

Previously, on May 29, a medical incident occurred at the Intensive Care Unit - Artificial Kidney Unit of Hoa Binh General Hospital, causing 18 people to fall into a coma, and then 8 people died. During the process of collecting documents, detecting signs of a criminal offense, the Investigation Police Agency of Hoa Binh Provincial Police initiated a case on May 30, with the act of: Violating regulations on medical examination, treatment, production, preparation of drugs, dispensing drugs, selling drugs or other medical services, as prescribed in Article 242 of the Penal Code.

According to Dantri