On the morning of May 24, continuing the 5th session of the 15th National Assembly , the National Assembly listened to reports and discussed in the hall on receiving, explaining, and revising the draft Law on Bidding (amended).
Presenting the report on behalf of the National Assembly Standing Committee, Chairman of the Finance and Budget Committee Le Quang Manh said that the draft Law on Bidding (amended) after being accepted and revised includes 10 chapters and 99 articles (keeping the same number of chapters, adding 1 article). Of which: 5 articles are removed and 6 articles are added, 21 articles are kept the same, the content of 48 articles is revised, and 20 articles are edited in terms of wording and technicality compared to the draft Law submitted to the National Assembly at the 4th Session.
In response to the opinions of National Assembly deputies, the National Assembly Standing Committee directed the verification agency to closely coordinate with the drafting agency and relevant agencies to closely follow the objectives and requirements of law amendments to perfect the draft Law in the direction of: Reviewing and adjusting the scope, subjects of application of the law, processes and procedures for selecting contractors and investors to ensure consistency and unity between the provisions of the Law on Bidding and related laws; Reviewing processes, reducing bidding time, reforming administrative procedures, promoting the application of online bidding; Removing difficulties and obstacles in bidding activities, especially obstacles in bidding for the procurement of drugs, chemicals and medical supplies in the past; Clearly defining prohibited acts and incentives for domestic enterprises, enhancing competitiveness, publicity, transparency and economic efficiency in bidding activities; Legalizing the contents that have been stipulated in sub-law documents that have been implemented stably; Clearly define the responsibilities of ministries, branches, localities, bidding parties and bidders.
Regarding the specific contents of the Law, Chairman of the National Assembly's Finance and Budget Committee Le Quang Manh said that the National Assembly Standing Committee proposed not to abolish the forms and methods of contractor selection that have been applied stably in the past to avoid unnecessary disruptions.
In response to the opinions of National Assembly deputies, the National Assembly Standing Committee directed the review and revision of Article 23 on the selection of contractors and investors in special cases in the direction of reducing some cases of designated bidding; supplementing clearer and more specific regulations on the principles of application and special cases in Article 29 of the draft Law.
Regarding bidding to select investors for projects using land, some National Assembly deputies said that bidding to select investors for projects using land still has many problems in practice, and proposed to handle these problems comprehensively in the Bidding Law, Investment Law and Land Law; There were opinions suggesting to amend the regulations on "announcing investment projects using land".
The Chairman of the National Assembly's Finance and Budget Committee said that according to the provisions of Point a, Clause 3, Article 2 of the draft Law, investment projects using land within the scope of the draft Law on Bidding (amended) are projects that must be organized for bidding according to the provisions of the law on land.
During the process of agencies receiving and revising the draft Law on Bidding (amended), the National Assembly Standing Committee directed research and reception on the principle that: The Land Law (in the process of amendment) will stipulate cases and conditions for determining land areas selected for bidding for projects using land; regulations on land allocation and lease; rights and obligations of investors selected to implement projects using land; The Law on Bidding stipulates the dossier, order and procedures for bidding to select investors to implement projects using land in cases where bidding is required according to the provisions of the law on land.
In response to the opinions of National Assembly deputies, the National Assembly Standing Committee directed the Appraisal Agency for the draft Law on Land (amended) and relevant agencies to continue reviewing and studying to perfect the provisions of the draft Law on Land (amended) on cases and conditions for organizing bidding and auctioning of land use rights as well as compensation, site clearance, resettlement mechanisms, etc. to ensure feasibility, consistency and synchronization in the legal system.
Many National Assembly deputies are interested and propose regulations in this Law to resolve difficulties and specificities in the health sector, in accordance with practical requirements; at the same time, many opinions are detailed and specific in the provisions of the Draft Law. The National Assembly Standing Committee has directed to absorb the maximum opinions of National Assembly deputies, accordingly, the draft law has been absorbed and revised in many articles and provisions to clearly and specifically stipulate in the law to resolve difficulties and problems that are of public concern regarding the purchase of drugs, supplies and medical equipment.
According to Chairman of the Finance and Budget Committee Le Quang Manh, through the process of researching, receiving and revising the draft law, most of the different opinions have been discussed and agreed upon. There is one content with different opinions related to the scope of application of the Law on Bidding to state-owned enterprises (SOEs) and projects using state capital.
To continue perfecting the draft Law, Chairman of the Finance and Budget Committee Le Quang Manh said that the National Assembly Standing Committee respectfully requests the National Assembly to focus on discussing the following contents: Meeting the objectives and requirements of amending the law; scope of application of the bidding law (content with different opinions: scope of application of the Bidding Law to state-owned enterprises); forms and methods of selecting contractors and investors; Procedures for selecting contractors and investors; Responsibilities of the parties and settlement of recommendations and complaints in bidding; Other contents of interest to National Assembly deputies.
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