Shaoyang One state-owned enterprise reform encounter false door bidding loopholes

A state-owned enterprise with more than 40 employees has been the government's heart for more than 5 years.　　Its assets are sometimes state-owned, sometimes privately controlled and frequently exchanged. This state-owned enterprise is Hunan province Shaoyang Chemical Supply and marketing company, is located in Shaoyang prime location, the price is only more than 2 million yuan.　　Its transfer is filled with dramatic changes such as the alteration of quotations, the forgery of lawyers ' signatures, the lack of subject qualification and the negligence of the competent authorities.　　In the case of simple and easy identification, the ability of the authorities to administer according to law is questionable. "Married women" unexpectedly met "third party" in 2003, the debt of Shaoyang chemical supply and marketing company to the city pharmaceutical Chemical Industry Management Office (hereinafter referred to as "the") application for restructuring, and agreed.　　February 16, 2004, the Office of Shaoyang Chemical Supply and marketing companies in charge of the name of the company to develop the "purchase of Shaoyang chemical supply and marketing companies bidding rules" (hereinafter referred to as "the Rules"), ready to "marry women." Less than 700 words of the "rules" stipulates the new "in-laws" basic conditions: Before February 16, 2004 with Shaoyang Chemical Supply and marketing company signed a letter of intent, and into the purchase margin of domestic and foreign social legal person or natural person.　　The bid is carried out by means of a dark standard, that is, the two sides will send the offer to the moderator in sealed way. Referred to in Shaoyang many restructuring enterprises, only "chicken butt big" Shaoyang chemical supply and marketing company, but ushered in two have the strength of investors: Shaoyang Latex Products Co., Ltd. (hereinafter referred to as "latex Company") and Shaoyang three high-Tech Co., Ltd. (hereinafter referred to as "the three companies") have signed an agreement of intent,　　And 500,000 yuan to enter the purchase margin, hoping to master Shaoyang Chemical Supply and marketing company. Two months later April 8, after the original Shaoyang two notary notary, Guo Xiaoling and another natural person Wu Yuelin to 2,600,008 Yuan to win the bid.　　That afternoon, Guo Xiaoling and so on with the office signed the "overall acquisition of Shaoyang Chemical Supply and marketing company all assets agreement." The winner's smile has not gone away, the letter of the complain has been flying around. Latex Company Agent Zhang Shougen said, Guo Xiaoling and other people's bid purchase behavior inside the cat is very heavy, many illegal, should be withdrawn.　　The reason is: the bidder's main qualification is not in conformity with the price list. On March 22, 2004, the Office of the Office to the city system for instructions, to confirm that meet the requirements, to obtain the qualification of the main bidder only latex companies and the three companies of the two units. Guo Xiaoling actually appeared as a private person, but let the presence of people misjudged their behalf of the three companies to assume responsibility.　　And the Wu Yuelin is a student in reading, and the three companies have no connection, also not Guo's relatives. The most critical allegation is that the Guo Xiaoling offers a marked alteration in the bid quote: lowercase digits are altered ("0" is changed to "6"), and the capital thousand is vacant. This change makes the quotation for its quotation become higher than the opponent tens of thousands of yuan.　　This violates the "rules" on "No acquisition of the official seal and the signature of legal representative, there are alteration of the phenomenon are invalid quotes" prohibition. Accordingly, the Latex companyThe author thinks that as a representative of the state-owned assets, the transferor's office has serious dereliction of duty and requires the cancellation of the whole assets agreement of the Shaoyang Chemical Supply and marketing company signed.　　Since then, more than 30 national, provincial and municipal representatives of three People's Congress signed a petition to Shaoyang the government to solve the Shaoyang chemical supply and marketing companies in the process of restructuring the law. The reflection of the flawed bidding supervision representatives of the NPC has aroused the attention of relevant departments. In August 2005, at the request of the Shaoyang Judicial Bureau, the original Shaoyang two notary's office revoked the two notarial documents made in respect of the bidding behavior.　　The Department of Justice of Hunan Province maintained the revocation decision of Shaoyang Judicial Bureau in the reconsideration procedure. Investigations by the Shaoyang Inspectorate have also resulted. In a reply to the NPC Representative Yin Yong, the Supervision department pointed out that Guo Xiaoling, Wu Yuelin in the chemical supply and marketing company's asset transfer activities in the bidding subject qualification is a problem, in violation of the rules of the relevant provisions of the operation of the relevant personnel misconduct, responsible.　　City Two notary Notary Work also has the question. The current secretary of the Shaoyang Price Bureau, the former deputy director of the Municipal Bureau of Supervision, said in an interview June 29, after the municipal bureau of Supervision of the Office of the study, decided to the original management director Jongfang "exempt from administrative sanctions." "It is thought that he has the leadership responsibility, has caused the negative influence to the reform work, the behavior constitutes violates the discipline, but the plot is not very serious."　　"Since then, the people of Shaoyang City Sasac have left their posts before retirement age," said the source. After this, the person who complains to add Shaoyang Chemical supply and marketing company manager Shuangquan, Party branch secretary Jianguo name.　　Chen, Liu pointed out that Guo Xiaoling, Wu Yuelin is not in line with the bidding subject conditions of an evidence is ignored: according to the bidding rules, the acquirer should be February 16, 2004 and Shaoyang Chemical Supply and marketing company signed a letter of intent, Guo Xiaoling and other people lack this element. In the interview, an official of the former Office of Management told the proof of Guo Xiaoling, Wu Yuelin Bidding qualifications of a material: on February 16, 2004, the two people to the office submitted a "application statement", the text clearly expressed the intention to purchase and future investment of millions of yuan, the development of fitness and entertainment center blueprint,　　and detailed arrangements for the welfare of the dozens of employees to be recruited. The evidence has been questioned by the two-person responsible for the Shaoyang chemical supply and marketing company. They said that the two executives who were the group leader and member of the company that had been sold had never seen the application statement, and the City bank's comrades had never told it. We have questioned the head of the authority in person, since there is time to "describe" the application statement, why not sign a ready-made letter of intent with the company, not only in line with the requirements of the rules, but also to save time? They pointed out that such an important "application statement" unexpectedly did not Guo Xiaoling, Wu Yuelin Two people's signature, stating that the "Application Manual" is in the auction after the replacement, the purpose is to make the Guo Xiaoling competitive bidding subject qualification legal. And among them, the lineImproper conduct of management and notary officers. June 30 morning, the original Shaoyang second notary Notary Inspector admitted that the material after the situation, and in this regard to the inspectorate. "But it doesn't violate the law.　　He said that notaries in the process of notarization review or afterwards, found that the necessary information, you can let them (the parties) to supplement, as long as it is true on the line. For the outside of the bidding will not publicly display the bid for a single thing, Inspector said, was the director of the Jongfang read the results of the bid, and then gave him to show the presence of the staff to see. However, the section (the process of presenting the quotation) has not been recorded because of negligence in the work record of the assistant notary he brought.　　Limited to the conditions at that time, the scene did not carry out photographic recording.　　On the afternoon of June 30, Wu Yuelin's acting lawyer, Song Jinzheng, told the telephone that the bid quotation (sealed report) submitted by Guo Xiaoling and Wu Yuelin was not signed by him in the "Principal Agent" column, "I don't know who wrote it, I don't have to be responsible for (its) authenticity anyway." Wishy-washy's coordination plan quite means that the Shaoyang chemical supply and marketing company, which was sold by the bidder, began to appreciate heavily after the restructuring.　　Have the industry valuation, only the gold position of the company and its own dozens of of the façade and warehouse to calculate, the assets of more than tens of millions of dollars is not a problem, compared to restructuring, has turned over 5 times more. August 23, 2008, Guo Xiaoling will be bidding for the Shaoyang chemical Supply and marketing company 80% of the equity, 2.665 million yuan to transfer to another natural person Lio Xiaoping (Woo mother).　　With the support of government departments, Shaoyang Chemical Supply and marketing company assets also transferred transfer. Shuangquan said, the company's assets to deal with the transfer formalities, the management of the original Discipline Inspection Secretary Xiao issued a "decoy" means, borrow him not at home, to the party committee to promote the use of his name, from his home cheated away the identity card.　　So, although he is still the legal representative of the company, he knows not what time the property was transferred. For Shuangquan's accusations, the line management of the original discipline Inspection Secretary Shoming said disdain. He said that at that time is the city Sasac said to Shaoyang Chemical supply and marketing company's manager, the secretary to make arrangements, but the manager Shuangquan file has two age, need to use ID card to check clearly.　　So he greeted the deputy manager of the company and went to Chen's home. However, Shaoyang director Shi Zhou Yun said, there is no "redeployment" said. He laughs, Chen, Liu Two people's identity does not belong to the settlement scope.　　At the same time, the unit is a small enterprise, what arrangements are also managed by the management, not at the government level to operate. He told reporters that there had been a "flaw" in the operation. The bidder used the legal entity and added two names. According to the normal situation, the legal entity and these two persons should complete the whole process of the bidding. Unfortunately, operators do not understand, there is randomness. In the second round, the bid or the name of the unit, the inscription is only a natural person, the otherForgotten. and pay the deposit and another person in the name handed over. There is a flaw in the way it pours.　　This is the specific operating department is not strict, both sides involved in the bidders are innocent. For a person to reflect the company's restructuring process of the right to deal with the money, he said the Discipline Inspection Bureau investigation for a long time, inconclusive. Shaoyang a few years ago through two rounds of large-scale anti-corruption struggle, really corrupt people, escaped the first round, also escaped the second round. Shi Zhou Yun said, because the two sides to deal with the issue of the conflict is very large, the government found the relevant law experts did a discussion, some people think should be overturned.　　Most believe that the procedural flaws are not enough to overturn the validity of the protocol. A government department of Materials, December 2008, January 2009, Shaoyang Municipal government held two meetings, still decided to maintain Guo Xiaoling, such as the signing of the asset transfer agreement, by the Office to give another bidder latex company "appropriate compensation." Then, by the Guo Xiaoling, Wu Yuelin and other people to collect appropriate amount of "mediation costs."　　Shaoyang said that the "mediation costs" of the specific amount is 500,000 yuan. This conclusion is not only difficult for the parties to accept, but also of differing views expressed by some of the participating officials. An official said that the program is basically "wishy-washy", "for Lio Xiaoping, basically reasonable, why should I pay?" For the other party, you have violated the relevant rules in your bid and should be revoked. It's impossible to get the money to settle. "Some people involved in the investigation said that this is actually a compromise, because once the original agreement is revoked, the other party's losses are bound to find the government compensation, the lawsuit government can not afford to fight."　　At the same time, Shaoyang 2002 to 2003 large-scale state-owned enterprises in the restructuring of the problems, more complex than the Shaoyang chemical supply and marketing company problems, once the case overturned again, local fear will trigger a wide range of fluctuations. However, quite strangely, after the transfer of assets for more than a year in May 2010, under the dual leadership of the Shaoyang Chemical Supply and marketing company Liquidation Group but also posted a notice said: "According to the direction of municipal government leaders, now chemical supply and marketing company's property is state-owned assets, in the absence of consultation, All of the company's property and leasing costs are owned by the chemical Supply and marketing company Liquidation Group Management.　　The announcement was a surprise to all.　　The head of the latex company that has been filing claims that they have filed a lawsuit against the Shaoyang Intermediate People's Court, although there has been more than January, has not yet received a reply. In the analysis of the case, lawyer Rochulin said that according to the relevant provisions of the interim measures for the administration of the transfer of state-owned enterprises in force in accordance with February 1, 2004, the transfer of state-owned assets must be subject to auction procedures, and the transfer of this state capital of Shaoyang is not subject to legal procedures and should be Its invalid judgment shall be made by the arbitral body or the court, and the government has no right to deal with it. At the same time, from this point of view, even if the local government has enacted illegal rules of operation, the government departments are not in accordance with their own rules to implement.