Government Inspectorate Uncovers Multiple Violations in Bac Giang – Lang Son BOT Project

The Government Inspectorate has released its findings on the inspection of projects facing challenges within the Ministry of Construction. Notably, the BOT Bac Giang - Lang Son project was found to have numerous violations in its planning, appraisal, approval, and implementation phases. These irregularities resulted in cost overruns amounting to hundreds of billions of dong, diminished investment efficiency, and delayed project timelines.

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Miscalculation of Total Investment by Nearly VND 310 Billion

A section of the Bac Giang – Lang Son Expressway.

According to the inspection report, 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 calculation and appraisal of the total investment. Specifically, certain construction costs were miscalculated, 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 input on toll station locations, contravening the Prime Minister’s directives. The construction timeline (2015–2017) was deemed unrealistic, contributing to project delays.

The inspection concluded that the TEDI – VECC design consortium inaccurately forecasted traffic volume, with unrealistic growth rates of 131–186% between 2019 and 2020. This miscalculation directly undermined the project’s financial viability, leading to 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.

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. The Inspectorate attributed these issues to the investor’s internal instability, frequent changes in capital contributions, and consortium membership, causing multi-year delays.

Low Project Efficiency, Insufficient Revenue to Service Bank Debt

According to Lang Son Provincial People’s Committee, the project investor submitted an investment settlement proposal of VND 8,387 billion, but the province approved only VND 8,161 billion after review. The Inspectorate identified a VND 80 billion overstatement in the completion estimate and additional deductions of over VND 93 billion, totaling nearly VND 99 billion in financial irregularities.

The report emphasized, “The project failed to meet its initial objectives, achieving low efficiency. Toll revenue fell short of contractual financial targets, leaving the investor 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 investigate 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 instructed Lang Son Provincial People’s Committee and the project investor to deduct nearly VND 99 billion during investment settlement and review construction-phase interest expenses for proportional adjustments. If criminal violations or state asset losses are detected, the case must be referred to investigative agencies for legal action.

Beyond financial corrections, the Inspectorate mandated that Lang Son Provincial People’s Committee collaborate with the Ministry of Construction and the Institute of Economics (Ministry of Construction) to scrutinize the application of 2020 construction standards in the 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.