Miscalculation of Total Investment by Nearly VND 310 Billion
A section of the Bac Giang – Lang Son Expressway.
According to the inspection conclusion, the Bac Giang – Lang Son BOT project was approved by the Ministry of Transport (now the Ministry of Construction) in 2015, with a total investment of over VND 12,188 billion. The project operates under a Build-Operate-Transfer (BOT) contract, allowing the investor to recover capital through toll stations.
The Government Inspectorate identified multiple errors in the preparation and appraisal of the total investment. These included miscalculations in construction costs, inflating the value by nearly VND 310 billion (excluding interest and land clearance expenses).
Notably, the Ministry of Transport approved the project without updating the Environmental Impact Assessment (EIA) report, violating the Environmental Protection Law. Additionally, the approval decision was issued before receiving the Ministry of Finance’s opinion on toll station locations, contravening the Prime Minister’s directives. The construction timeline (2015–2017) was deemed unrealistic, contributing to project delays.
The inspection revealed that the TEDI – VECC design consultancy consortium inaccurately forecasted traffic volume, with unrealistic growth rates of 131–186% between 2019 and 2020. This error was cited as the primary reason for the project’s financial inefficiency and subsequent losses.
Furthermore, the contract between the Ministry of Transport and the investor contained provisions inconsistent with the tender documents, negotiation results, and project approval decision. The Ministry signed the BOT contract despite the investor’s insufficient capital contribution and failure to meet financial conditions under the Bidding Law, posing significant risks during implementation.
In May 2018, the Ministry of Transport transferred authority to Lang Son Provincial People’s Committee. However, the province signed six contract addendums without fully adhering to Decree 150/2015/NĐ-CP procedures. The Inspectorate attributed these issues to internal instability among investors, frequent changes in capital contributions, and consortium membership, causing multi-year delays.
Low Project Efficiency, Insufficient Revenue to Repay Bank Loans
According to Lang Son Provincial People’s Committee, the project investor submitted an investment capital settlement proposal totaling VND 8,387 billion, though the province approved only VND 8,161 billion after review. The Inspectorate identified nearly VND 80 billion in miscalculated completion estimates and an additional VND 93 billion in deductible items, raising total financial irregularities to nearly VND 99 billion.
The conclusion stated, “The project failed to meet initial objectives, demonstrating low efficiency. Toll revenue at the time of inspection fell short of contractual financial projections, leaving the enterprise unable to service bank loan principal and interest.”
The Government Inspectorate recommended that the Prime Minister direct the Ministry of Construction, Ministry of Finance, and Lang Son Provincial People’s Committee to scrutinize and clarify the responsibilities of individuals and organizations involved across all phases. Strict measures, including compensation for damages, should be enforced if violations causing budget losses are identified.
The Inspectorate also urged Lang Son Provincial People’s Committee and the project enterprise to deduct nearly VND 99 billion during investment capital settlement and review construction-phase interest expenses for corresponding reductions. If criminal violations or state asset damage are detected, the Inspectorate mandated transferring case files to investigative agencies for legal action.
Beyond financial adjustments, the Inspectorate directed Lang Son Provincial People’s Committee to collaborate with the Ministry of Construction and its Economic Institute to review the application of 2020 construction norms in the Bac Giang – Lang Son BOT project.
The Inspectorate advised the Government to comprehensively review mechanisms for appraising, approving, and monitoring transport BOT projects to prevent losses, ensure transparency in revenue, expenditure, and investment recovery.
