Continuing the 9th Session, on the morning of May 17, Minister of Finance Nguyen Van Thang presented a report to the National Assembly on the draft Law amending and supplementing a number of articles of the Law on Bidding...
In particular, in order to create a proactive mechanism for investors in applying forms of contractor selection, expanding the form of bidding designation, selecting contractors and investors in special cases, the Law on Bidding (amended) has amended and supplemented Articles 16, 20, 21, 29, Article 34a and Article 34a (current Law).
Presenting the draft Law to the National Assembly, Minister of Finance Nguyen Van Thang said that the current Bidding Law stipulates that open bidding is a form of priority application, other forms of contractor selection are only applied when meeting specific conditions.
However, according to the drafting agency, this regulation does not ensure that investors and competent authorities are able to choose to apply other forms such as bidding to speed up the progress of bidding packages and projects.
Therefore, it is necessary to supplement the principle of allowing investors and competent persons, based on the scale and nature of the package, to decide to apply one of the forms of contractor selection (such as bidding, bidding, ordering, assigning tasks or other forms) on the basis of ensuring quality, progress, efficiency and accountability.
"This empowerment is aimed at implementing the policy of decentralization, thorough decentralization in bidding activities, enhancing the role and responsibilities of investors, competent people, contributing to speeding up the implementation of investment projects, especially projects that implement national political tasks, important and urgent projects or specific requirements to be completed urgently to ensure the progress of the Ministry of Politburo, the Government, the Government, the Government, the Government, the Government, the Ministry present.
The drafting agency of the Law also believes that the above empowerment does not change the nature or principles of the Bidding Law.
Accordingly, when deciding to apply a specific form of contractor selection in the Bidding Law, the investor must still ensure compliance with the conditions, principles, order, and procedures applied to each form of contractor selection as prescribed in this Law.
At the same time, the draft Law has stipulated a mechanism for strict control and supervision to ensure the selection of contractors who meet the capacity and experience to implement the package effectively and with quality, on schedule, avoiding abusing policies for profit.
Regarding the selection of contractors in special cases, according to the drafting agency, current regulations do not cover cases arising in practice when the current context requires special mechanisms to develop science, technology, innovation, and digital transformation.
Therefore, it is necessary to amend to supplement the principle of applying contractor selection in special cases for bidding packages that require national interests, have specific requirements for research, application and development of science, technology, innovation, and national digital transformation.
Tham tra ve noi dung bo sung quy dinh theo huong cho phep chu dau tu, nguoi co tham quyen can cu quy mo, tinh chat, dieu kien thuc te cua goi thau, du an de lua chon ap dung cac hinh thuc lua chon nha thau, nha dau tu, Uy ban Kinh te va Tai Chinh cua Quoc hoi cho rang, quy dinh nay co the tao dieu kien rut ngan thoi gian hon cho cac don vi su dung ngan sach, nhung de dan den phat sinh co che xin – cho, truc loi chinh sach, giao thau, chi dinh thau trong pham vi hep For a number of enterprises or relatives, leading to small and medium enterprises, it is difficult to access public procurement and participate in public investment projects.
Therefore, the Economic and Financial Committee recommends that the Government carefully assess the policy impact, clearly report on the political basis and practical basis for the National Assembly to consider and decide.
