Mivivienda Fund lost S/41 million for not executing guarantees for housing bonds

The Comptroller General of the Republic detected economic damage valued at S/41,089,762 against the Mivivienda Fund due to non-execution of expired guarantees for the delivery of Family Housing Bonds (BFH) of the Techo Propio program and due to non-compliance in the delivery of the homes of social interest that was going to be built with said subsidies. This is because the Operations and Finance departments did not follow up on the regulations governing the management of these.

It is important to mention that due to the national state of emergency due to COVID-19, the deadline for compliance with guarantees, letters of guarantee and surety bonds was extended. However, according to the Compliance Audit Report No. 003-2022-2-4733-AC, whose evaluation period runs from February 11, 2021 to July 31, 2021, after the publication of the Emergency Decree No. 018-2021, the rule that extended the period for the execution of the expired guarantees for the delivery of the BFH, which are granted to the beneficiaries of the social housing program, was repealed own roof.

However, despite this, the Operations Management of the Mivivienda Fund did not issue instructions for compliance with the guarantees for the disbursement of the BFH in the Acquisition of New Housing (AVN) and Construction on Own Site (CSP) modalities, which were Due between February 25, 2020 and February 28, 2021.

“Likewise, the entity’s Finance Management did not manage before the Financial and Insurance System Entities (ESFS) the execution of the guarantees expired in said period, within the legal term (15 calendar days after expiration). Both managements had similar actions, with the guarantees that expired from March 1, 2021 to June 8, 2021,” the Comptroller General of the Republic detailed in a press release.

To this is added that all this fact was not communicated to the General Directorate of Housing and Urban Development Programs and Projects (DGPPUV) of the Ministry of Housing, Construction and Sanitation (MVCS), which caused the expired guarantees to not be executed within the legal term, originating a economic damage to the entity for an amount of S/41 089 762 before the breaches of the technical entities and promoters in the granting of Social Interest Housing (VIS).

“The Legal Management of the Mivivienda Fund issued an opinion in which it indicates that Emergency Decree No. 036-2020 (which establishes an extension of the term for the execution of guarantees, letters of guarantee and surety bonds issued in the national territory) is in force, which was contrary to what is regulated in DU no.

In this regard, the Mivivienda Fund reported that the guarantees in expired and unexecuted conditions that have been presented to said entity for the BFH disbursements in the AVN and CSP modalities, and for the concept of VIS Savings, add up to a total of 67 for a total value of S/41,089,762 due to breaches in the granting of the VIS and the non-recovery of the bonds. Saying amount involves the delivery of BFH in favor of 785 Beneficiary Family Groups (GFB).

The Comptroller’s report indicates that this action was not managed by the Operations Management of the Mivivienda Fund in its capacity as administrator of the processes, control of guarantees, request for execution disbursement and accountability of the BFH of the Techo Propio program, which should have carried out the respective follow-up.

For its part, the Finance Department did not administer the activities related to the efficient management of the Treasury office or process regulatory compliance. Likewise, Legal issued opinions that were not accurate or appropriate regarding the validity of DU No. 018-2021, and additionally, Operations did not inform the MVCS.

Due to these facts, the Comptroller’s report determined alleged civil and administrative responsibility in 10 officials, former officials, servers and former servers of the Mivivienda Fund. For this reason, the chairman of the board of directors was recommended to carry out the corresponding actions to define the responsibilities of the people involved.

It was also recommended that the document be sent to the Public Prosecutor’s Office of the MVCS in order to initiate civil actions against the officials and servers included in the report.