according to China Market Supervision Administrative Penalty Documents Network.
Issuance of false concrete test block test reports:
the Municipal Supervision Bureau found that during the period from April 25, 2022 to May 25, 2022, Hangzhou * * Construction Engineering Testing Co., Ltd. had detected 8688 sets of false test data, of which 3521 sets of false test data reports were not issued. Testing costs are also reduced accordingly, a total of 5167 sets of false testing data are issued, the total testing costs are 103340 yuan, after deducting 6% tax, the illegal income of the parties is 97490.
The parties use high-strength test blocks instead of low-strength test blocks to repeatedly test and forge testing data, and issue false concrete test blocks. It violates the relevant provisions of the Regulations on the Administration of Inspection Institutions in Zhejiang Province and constitutes forgery or alteration of inspection reports or their data and results. The
testing company involved and 8 responsible persons:
1. Hangzhou * * Construction Engineering Inspection Co., Ltd. was fined 100000 yuan and the 97490 of the illegal gains were confiscated.
The original text is as follows:
After checking the video, the company's concrete test block samples were inconsistent with the actual test data, and Hangzhou * * Construction Engineering Testing Co., Ltd. was suspected of issuing false inspection and testing reports. On June 17, 2022, the case was filed for investigation with the approval of the head of the Bureau.
It has been found that Hangzhou * * Construction Engineering Testing Co., Ltd. holds the certificate of qualification of inspection and testing institutions and is engaged in the testing of construction materials. According to the testing workflow formulated by the company, all the products entrusted for testing shall first be submitted by the customer for entrustment application and sent to the acceptance hall (that is, the comprehensive department and the sample receiving room). The acceptance office accepts the entrustment, and then the sample receiver checks the conformity of the samples (that is, whether the quantity of the samples is consistent with the entrustment form, whether the size is consistent with the entrustment form, etc.), then collects the samples, fills in the entrustment form, and uniquely numbers the samples, and then assigns the inspection task to the relevant testing department, and then the corresponding testing department receives the samples. Carry out inspection after checking. The test of
concrete test blocks is mainly carried out by the staff of the concrete mechanics laboratory in turn. After the test of test blocks is completed, all the test reports of concrete test blocks are prepared by Mao * *, the person in charge of the test block group, and then submitted to Wu * *, the director of the material Institute, for online review. After the review is correct, the vice president * * approves and issues the printed report.
The concrete test block is a test block crushed and then another test block, a group of test blocks (3 blocks) produce a report, and all the test blocks pushed into the laboratory are crushed on the same day to produce data.
However, due to the replacement of the new computer software operating system in March 2022, the staff of the company's acceptance office have not checked the number of concrete test blocks entrusted by the entrusting unit since the end of March, and Hu * *, the director of the comprehensive d epartment, has not strengthened the management. At the same time, the company's concrete mechanics laboratory staff involved in concrete test blocks, Lan * *, communicated with the construction site sample delivery personnel to send less concrete test blocks, and took the lead in issuing false data by repeatedly testing high-strength test blocks instead of low-strength test blocks, and then Mao * * compiled the report. After signing the inspection personnel, the inspection report of concrete test blocks shall be printed (one report shall be printed for one group of test blocks) after being reviewed by the person in charge Wu * * and approved by the deputy general manager * *, and then given to the entrusted unit through the acceptance office. During this period, Wu * *, the person in charge of the inspection room, did not find that the inspectors used high-strength test blocks instead of low-strength test blocks to issue false test data of concrete test blocks.
According to the monitoring pictures of the concrete mechanics laboratory from April 25, 2022 to May 25, 2022 taken by the company's No.4 camera (which can see the entrance and exit of the personnel at the gate of the concrete mechanics laboratory in the first floor of the company and the operation of the concrete pressure test machine), and confirmed by Wu * * et al., From April 25, 2022 to May 25, 2022, a total of 51 trucks of concrete test blocks were sent to the concrete mechanics laboratory on the first floor, totaling 2904 test blocks (968 groups); According to all the tested data of the company from April 1, 2022 to May 25, 2022 extracted on June 2, 2022, 4.25-5
represents that Hangzhou * * Construction Engineering Testing Co., Ltd. has tested 9656 groups of test blocks and issued corresponding reports during this period. Among them, the compressive strength data of 8688 groups of concrete test blocks are false data pressed by non-real corresponding concrete test blocks.
The false concrete test block detection data from April 1 to April 24 can not be clearly recalled by many people involved in the case, such as Blue * *, which sample data have been detected are false data, and because the company's surveillance video is only kept for one month, it can not effectively confirm how many concrete t est block detection data are false data during this period. Therefore, the false concrete test block test data from April 1 to April 24 will not be calculated. From April 25, 2022 to May 25, 2022
, a total of five people participated in the false concrete test with high-strength test blocks instead of low-strength test blocks. They are Mao * * 9 times, Song * * 16 times, Lan * * 18 times, Lan * * 2 times and Sheng * * 8 times. On October 28,
2022, Hangzhou * * Construction Engineering Inspection Co., Ltd. voluntarily submitted a report on the rectification and treatment measures of the company after the 525 inspection, indicating that the company has stopped issuing the report on the problems involved since May 27, 2022, and that the concrete compressive strength test report of some projects has not been issued. At the same time, follow-up on-site rebound testing was arranged for projects that did not issue reports, and related testing fees were not charged.
Hangzhou * * Construction Engineering Testing Co., Ltd. charges 20 yuan/group for one concrete test block test, and pays a tax rate of 6%. During the period from April 25,
2022 to May 25, 2022, a total of 8688 sets of false detection data were detected, of which 3521 sets of false detection data reports were not issued, and the detection costs were reduced accordingly, totaling 5167 sets of false detection data, with a total detection cost of 103340 yuan. After deducting the 6% tax, the illegal income of the party concerned is 97490.
The Bureau holds that the party concerned, Hangzhou * * Construction Engineering Inspection Co., Ltd., used high-strength test blocks instead of low-strength test blocks to repeatedly test and forge test data, and issued false concrete test block test reports. In violation of Article 24, paragraph 3, of the Regulations on the Administration of Inspection Institutions in Zhejiang Province, "It is forbidden to forge or alter inspection reports or their data and results." The party concerned, Hangzhou * * Construction Engineering Inspection Co., Ltd., constitutes a forgery or alteration of the inspection report or its data and results. Seal * * of
the party concerned is the issuer of the concrete test block test report, and Wu * * is the approver of the concrete test block test report, both of whom are directly responsible persons in charge; Hu * *, the director of the comprehensive department, failed to perform the duty of checking and managing samples, and Mao * * * * * * were directly involved in the false testing of concrete test blocks, and were all directly responsible personnel.
Although Hangzhou * * Construction Engineering Testing Co., Ltd. has a good attitude of admitting mistakes after the incident, actively cooperates with the investigation, and actively rectifies and remedies after the incident, some reports have not been issued, and rebound testing has been carried out free of charge, but because the testing of building materials involves people's livelihood safety, the situation that the parties issue false testing reports is easy to cause. To endanger the safety of people's lives, according to Paragraph 11 (1) of "Several Provisions of Hangzhou Market Supervision and Administration on Regulating the Discretionary Power of Administrative Penalties", "If there are the following circumstances in the illegal act, the administrative penalty shall be heavier in the discretion: seriously endangering public safety, personal health and property safety or seriously disturbing the order of social management and market economy; ......
According to the provisions of Article 49 (3) of the Regulations on the Administration of Inspection Institutions in Zhejiang Province, Hangzhou * * Construction Engineering Testing Co., Ltd. and the other 8 parties shall be punished as follows:
1. Hangzhou * * Construction Engineering Testing Co., Ltd. shall be fined 100000 yuan and the 97490 of illegal income shall be confiscated.If
a party fails to comply with the decision on administrative penalty within the time limit, it shall, in accordance with the provisions of Article 72, paragraph 1, item (1), item (4) of the Administrative Punishment Law of the People's Republic of China and Article 46, paragraph 3, and Article 54 of the Administrative Compulsory Law of the People's Republic of China, The following measures will be taken in accordance with the law:
(1) If the fine is not paid within the time limit, an additional fine of 3% of the amount of the fine will be imposed on a daily basis;
(2) Apply to the people's court for compulsory execution. If the decision on this penalty is not accepted, an application for administrative reconsideration may be filed with the Linan District People's Government of Hangzhou City within 60 days from the date of receipt of this decision; It
may also file an administrative lawsuit with the People's Court of Linan District of Hangzhou City within six months. If a party refuses to accept the decision on administrative penalty and applies for administrative reconsideration or brings an administrative lawsuit, the execution of the administrative penalty shall not be suspended.
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