To prevent policies from unintentionally clogging up resources

Hoàng Văn Minh |

The 2023 Bidding Law, which takes effect from January 1, 2024, is expected to completely resolve many shortcomings in the health sector, especially the situation where patients have to wait for medicine and supplies or have to buy them outside.

However, after nearly a year of the law, the shortage of drugs and supplies in medical facilities has not ended. Although this shortage does not occur on a large scale and only occurs in some hospitals and some types of irreplaceable drugs, it still affects the rights and causes inconvenience to patients.

The current shortage of drugs and supplies in medical facilities comes from many subjective reasons such as fear of making mistakes, avoidance, and lack of initiative by the heads of medical facilities. And the objective reason is that the Bidding Law still has many shortcomings, related to price appraisal, price database, one-time or multiple purchases, centralized or decentralized bidding, drug procurement and bidding mechanisms of hospital pharmacies, etc.

Not only in the health sector, many other areas in economic and social life are also facing difficulties from the Law on Bidding. For example, in the investment sector. According to data provided by the Ministry of Finance, as of September 30, 2024, the total amount of foreign capital (ODA) that has not been allocated in detail is more than 2,000 billion VND (out of the total approved 20,000 billion VND). The allocated amount has only been disbursed at 24.33% of the plan.

Then there are the problems in the current Bidding Law that make it difficult for many economic activities to be put into practice. Especially in the banking sector with its specific factors, many service procurement packages cannot apply the form of open bidding selection.

The above problems have caused many projects to not be put into operation, the disbursement of public investment capital has slowed down, causing difficulties in the process of socio-economic development.

Problems that come from subjective causes such as the leader's fear of making mistakes and avoidance can wait and must have their own "medicine".

However, if the problems are due to objective reasons, they can be solved immediately by proposing to supplement and amend the Law on Bidding in the direction that what is stuck in practice must be changed in the spirit of "perfecting the institution is a breakthrough" - as stated by Minister of Health Dao Hong Lan on October 30 when the National Assembly discussed in groups the draft Law amending and supplementing a number of articles of the Law on Planning, the Law on Investment, the Law on Investment under the public-private partnership method and the Law on Bidding.

Therefore, it is very normal in law-making that when a new law is issued, when applied in practice, there are still shortcomings that need to be studied, proposed for additions and amendments to resolve them.

However, the removal also needs to be carefully and synchronously considered. To avoid the case where the policy causes congestion and becomes a barrier to development. To avoid the case where the policy has been issued but there are still opinions that it cannot be implemented or is not suitable and then continue to propose amendments and remove difficulties...

Hoàng Văn Minh
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