according to China Market Supervision and Administrative Penalty Documents Network. Details are as follows:
Among them, the testing of concrete test blocks is mainly carried out by the staff of the concrete mechanics laboratory in turn. After the testing of test blocks is completed, all the test reports of concrete test blocks are compiled by Mao Guofeng, the head of the test block group, and then submitted to Wu Zhisheng, the director of the Material Institute, for online review. After the review is correct, Yin Jun, 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 Lina, the director of the comprehensive d epartment, has not strengthened the management. At the same time, Lan Zhiqin, a concrete test block worker in the company's concrete mechanics laboratory, 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 compiled a report by Mao Guofeng. 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 Wu Zhisheng, the person in charge, and approved by Yin Jun, the deputy general manager, and then given to the entrusted unit through the acceptance office. During this period, Wu Zhisheng, the head of the inspection room, did not find that the inspectors used high-strength test blocks instead of low-strength test blocks to repeatedly test the false concrete test block test data.
According to the monitoring pictures of the concrete mechanics laboratory from April 25, 2022 to May 25, 2022 taken by the No.4 camera of the company (the camera can see the entrance and exit of the personnel 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 Zhisheng and others, the monitoring pictures of the concrete mechanics laboratory from April 25, 2022 to May 25, 2022 were taken. 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, Among them, 4.25-5.
The false concrete test block test data from April 1 to April 24 were not clear because Lan Zhiqin and other people involved in the case could not clearly recall which of the tested sample data were false data, and because the company's surveillance video was only kept for one month. It is also impossible to effectively confirm how many concrete test block test data are false data during this period, so 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
, five people participated in the false concrete test with high-strength test blocks instead of low-strength test blocks, including Mao Guofeng 9 times, Song Chencheng 16 times, Lan Zhiqin 18 times, Lan Yiming 2 times and Shengxiang 8 times. On October 28,
2022, Hangzhou Tongzheng Construction Engineering Inspection Co., Ltd. voluntarily submitted a report on the rectification and treatment measures of the company after 525 inspections, 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.
Because Hangzhou Tongzheng Construction Engineering Testing Co., Ltd. charges 20 yuan per 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 Tongzheng 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 Tongzheng Construction Engineering Inspection Co., Ltd., constitutes a forgery or alteration of the inspection report or its data and results. Yin Jun is the signer of the concrete test block test report, and Wu Zhisheng is the approver of the concrete test block test report, both of whom are directly responsible persons in charge; Hu Lina is the director of the General Department, who failed to perform the sample check management duties, and Mao Guofeng, Song Chencheng, Lan Zhiqin, Lan Yiming and Sheng Xiang are directly responsible for the false test of the concrete test block. Although Hangzhou Tongzheng 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 housing safety. According to Paragraph 11 (1) of Several Provisions of Hangzhou Municipal Market Supervision and Administration on Regulating the Discretionary Power of Administrative Penalty, "If the following circumstances exist in the illegal act, the administrative penalty shall be heavier at the time of discretion: seriously endangering public safety, personal health and property safety, or seriously disturbing the order of social management and market economy;..".
According to Article 49 (3) of the Regulations on the Administration of Inspection Institutions in Zhejiang Province, "If an inspection institution commits any of the following acts, the market supervision and administration department shall order it to make corrections, impose a fine of not less than 30000 yuan but not more than 100000 yuan on the unit, and impose a fine of not less than 20000 yuan but not more than 50000 yuan on the directly responsible person in charge and other directly responsible persons respectively."; If there are illegal gains, the illegal gains shall be confiscated. If the circumstances are serious, the unit's certificate of measurement attestation shall be revoked. The directly responsible person in charge and other directly responsible persons shall not engage in inspection service activities within three years: Hangzhou Tongzheng Construction Engineering Inspection Co., Ltd. and the other 8 parties shall be punished as follows:
1. Hangzhou Tongzheng Construction Engineering Inspection Co., Ltd. shall be fined 100000 yuan and the 97490 of illegal income shall be confiscated.
In accordance with the provisions of Paragraph 1 (1) and (4) of Article 72 of the Administrative Punishment Law of the People's Republic of China and Paragraph 3 and Article 54 of Article 46 of the Administrative Compulsory Law of the People's Republic of China, the following measures shall be taken in accordance with the law: (1) If a fine is not paid within the time limit, an additional fine of 3% of the amount of the fine shall be imposed on a daily basis; (2) apply to a people's court for compulsory execution. 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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