The cost of mobile phone network access license is less than 10 cents, and the government buys it at a high price of 0. 17 yuan.
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Investigation on the loss of state-owned assets of mobile phone network license manufacturers
License plates costing less than 10 cents were purchased by the government at a high price of 0. 17 yuan.
Chen Chen
Mobile phones and fixed telephones in regular channels used by everyone have a blue or green sign of "network access permission", which corresponds to the number. However, behind the small network access license, there is a huge profit margin, which leads to a case of interest transfer involving hundreds of millions of yuan.
The interest scandal happened in a state-owned enterprise-Fiona Fang Anti-counterfeiting Technology Group (hereinafter referred to as "the winning anti-counterfeiting group"). The production cost of each network access license sign is only 0.007 yuan, about 7%, but the procurement cost paid by the state finance is 0. 17 yuan, and the gross profit of sales is as high as 24.3 times. High profit margins and the popularity of mobile phones have created huge profits for producers.
However, the huge profits created by the country's high-priced procurement were eventually transferred. The winning anti-counterfeiting group has allowed foreign investors to get dividends as high as 68.77 million yuan by cooperating with foreign investors to set up companies and transfer business.
In May 2009, Chaoyang Branch of Beijing Public Security Bureau filed a case for investigation on the crime of illegally operating similar businesses, and the responsible person Wang and Wang were criminally detained. Song Xiaoming, general manager of China Standard Technology Development Company, the superior unit of the bid-winning anti-counterfeiting team, confirmed to China Business News. Afterwards, Chaoyang Branch entrusted audit institutions to conduct judicial audits of foreign joint ventures, and the People's Procuratorate of Chaoyang District of Beijing also conducted relevant investigations. At present, the National Audit Office is also conducting an investigation.
1 huge profit margin
Under the current management system, the network access license logo is the only network access license logo of telecommunication equipment, and the license printing needs to apply anti-counterfeiting technology and follow the principle of safety and reliability. At present, the Ministry of Industry and Information Technology adopts the mode of single customer, and the agreement stipulates that it will be produced by enterprises under the AQSIQ. However, the high pricing of government procurement has created high profits.
The reporter checked the earlier contract documents and found that from 1999 to the end of 2000, the government procurement price was 0.27 yuan for each network access license sign, and then it was lowered to the current 0. 17 yuan.
The basis of this pricing comes from two documents issued by the Ministry of Finance and the National Development and Reform Commission in 2003, namely, the Reply of the Ministry of Finance and the State Planning Commission on Approving the Fee Collection for Basic Telecommunication Business Licenses (Caizong [2002] No.37) and the Notice on the Fee Collection Standards and Related Matters for Basic Telecommunication Business Licenses (Caizong [2003] No.477).
According to the administrative pricing documents, the then Institute of Standardization of Posts and Telecommunications Industry of the Ministry of Information Industry and the bid-winning anti-counterfeiting Co., Ltd. finally stipulated the following classification charging standards: the network access license sign is 0. 17 yuan; Network trial sign 0. 15 yuan.
Song Xiaoming, general manager of China Standard Technology Development Company, told the reporter that according to the final production agreement, the license price of telecom equipment entering the network is less than 1 cent, which is about 7%.
In this way, from 7% to 0. 17 yuan, a high profit rate of 24.3 times was created.
According to Article 39 of the Government Procurement Law, if single-source procurement is adopted, both parties shall agree on a "reasonable price" on the basis of ensuring the quality of the procurement project. The law does not clearly stipulate how to determine the "reasonable price" under this form of procurement.
Liu Shangxi, deputy director of the Institute of Fiscal Science of the Ministry of Finance, pointed out to reporters that network access license procurement of telecommunication equipment belongs to a special form of government procurement-designated production. In this form, pricing is not bidding pricing, but agreement pricing. So we can't say how high or how low, as long as both sides agree.
2 How do state-owned enterprises become "shells"
According to the relevant laws and regulations, telecom equipment manufacturers need to paste the sign of network access permission on their products, and the Ministry of Information Industry is responsible for the purchase and distribution of the sign.
Designated by the Ministry of Information Industry, the printing of network access license is the responsibility of state-owned enterprises under the AQSIQ. Financially, when issuing licenses, the Ministry of Information Industry collects license mark fees from production enterprises, and the fees are turned over to the Ministry of Finance, which purchases them from state-owned enterprises affiliated to AQSIQ through government procurement channels.
The General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ) has a directly affiliated institution, China National Institute of Standardization, under which China Standard Technology Development Company, China Standard Technology Development Company, under which Beijing Bid Winning Fiona Fang Anti-counterfeiting Technology Group was established.
The problem lies in the winning bid and counterfeiting team. In 1999, the contract between the Telecommunications Administration of the Ministry of Information Industry and the bid-winning group company and the power of attorney given by the Telecommunications Administration of the Ministry of Information Industry to the Institute of Standardization of Posts and Telecommunications Industry in 2002, it was clearly stated that the bid-winning anti-counterfeiting group was the exclusive contractor of the network access license mark.
According to the information provided by China Standard Technology Development Company, a Sino-foreign joint venture company named "Beijing Winning Anti-counterfeiting Technology Co., Ltd." (hereinafter referred to as "Winning Anti-counterfeiting Company") was established under the operation of the then general manager Wang He and the deputy general manager of Winning Anti-counterfeiting Group, and undertook most of the business of Winning Anti-counterfeiting Group.
Established in 1999, bid-winning anti-counterfeiting co., ltd. is a joint venture between bid-winning anti-counterfeiting group and Astill anti-counterfeiting technology company (hereinafter referred to as "Astill company"), with the foreign party holding 52% of the shares and the bid-winning anti-counterfeiting group holding 48% of the shares. In 2003, it increased its capital and shares, and the shareholding ratio of the winning anti-counterfeiting group dropped to 20%.
1999 is the starting year of transfer. This year, Wang held several positions: general manager of China Standard Technology Development Company, general manager of the winning standard technology research institute, and general manager of the winning anti-counterfeiting technology group, all of whom were public institutions or state-owned enterprises; At the same time, Wang became the legal representative and chairman of this year's bid-winning anti-counterfeiting limited company.
Since then, many commercial contracts originally belonging to state-owned enterprises have been transferred to foreign joint ventures. This includes not only the "sign of network access permission" project of the Ministry of Information Industry, but also a number of projects such as the Central Radio and TV University, the Examination Center of the Ministry of Education and the Fishery Administration Center of the Ministry of Agriculture.
Song Xiaoming told reporters that a Japanese-funded enterprise named "Beijing Lutong Printing Co., Ltd." is currently making a sign of network access license after subcontracting. However, according to the agreement (1999) signed by the above-mentioned bid-winning anti-counterfeiting team and the Telecommunications Equipment Management Office of the Telecommunications Administration of the Ministry of Information Industry, "Party A, as the exclusive manufacturer of network access license signs, should attach great importance to the seriousness of this work and strictly keep the technical secrets of the' signs'."
3. Transfer profit is 2,865,438.8+0,000 yuan.
According to the special review report issued by Beijing Chen Kai Law Firm, from 1.999 to 2002, the business income of the bid-winning anti-counterfeiting co., Ltd. was all based on the contract of the bid-winning anti-counterfeiting group, that is, the latter transferred the business with the amount of 871.2000 yuan to the former free of charge.
The bid-winning anti-counterfeiting group transferred all customers to the non-state-owned enterprise bid-winning anti-counterfeiting Co., Ltd. for free, and the latter signed contracts with customers, with a cumulative amount of 4180,000 yuan.
According to the special audit report issued by Shen Dong (Beijing) Certified Public Accountants, the telecom equipment network access license sign project is the largest business transfer project. 1999 to 2007, the winning bid anti-counterfeiting co., ltd. realized a total sales of 3120,000 yuan.
In addition, the income of the Central Radio and TV University is 32.43 million yuan, and the income of the Examination Center of the Ministry of Education is 29.07 million yuan. The cumulative sales of the winning anti-counterfeiting company reached 4180,000 yuan.
Due to the low cost, the total cost of the company from 1999 to 2007 was only 7365438+ ten thousand yuan, and the accumulated pre-tax profit was 344.8 million yuan, with a gross profit margin of 82.65%.
Only the telecommunication equipment network access license sign project, the cumulative sales income is 3120,000 yuan, the product sales cost is 42.32 million yuan, and the gross profit level is 86.5%.
1999 to 2007, the winning anti-counterfeiting companies paid dividends of1580,000 yuan to shareholders, including 602190,000 yuan from the winning anti-counterfeiting group of state-owned enterprises and 68.77 million yuan from Astill company.
In the special review report, Beijing Chen Kai Law Firm pointed out that if the state-owned enterprise bid-winning anti-counterfeiting group does not transfer its customers and business to non-state-owned bid-winning anti-counterfeiting companies, or does not set up the latter, the state-owned enterprise bid-winning anti-counterfeiting group can realize a profit of 28 1 10,000 yuan, and after deducting the current dividends, it will cause a total loss of 220.78 million yuan to the country.
4 the mystery of foreign investors
In fact, the identity of Astier, a foreign company that established the bid-winning anti-counterfeiting company, is quite strange.
Fan, the legal adviser of the bid-winning anti-counterfeiting group, told the reporter that Astill Company is registered in the British Virgin Islands and is an offshore company with one person and one yuan. Winning bid anti-counterfeiting group is one of the shareholders of winning bid anti-counterfeiting co., ltd.
The representative of Astill Company is Zhao Liang, who is the vice chairman and general manager of the joint venture bid-winning anti-counterfeiting company.
Zhao Liang is a native of China and an old friend of Wang. At the request of the joint venture between Wang and Zhao Liang, Song Xiaoming, a Astill company, registered in Germany, said that Zhao Liang claimed to be a member of the international anti-counterfeiting alliance at that time, but it was later confirmed that this was also false.
It is pointed out that Wang is the chairman and legal representative of the bid-winning anti-counterfeiting company in actual operation. Although Zhao Liang was the major shareholder at first, Wang had the final say in the company's decision-making and management.
The reporter called Sun Gang, a lawyer of Beijing Tianchi Law Firm hired by Zhao Liang, about Zhao Liang's nationality, resume, shares in the joint venture company and dividends, but Sun Gang refused to confirm the above information.