This afternoon, continuing the ninth session , National Assembly deputies discussed in the hall the draft Law amending and supplementing a number of articles of the Law on Bidding; Law on Investment under the public-private partnership model; Law on Customs; Law on Export Tax and Import Tax; Law on Investment; Law on Public Investment; Law on Management and Use of Public Assets.
Proactively choose the appropriate form and contractor
Concerned about the amendment and supplementation of the Law on Bidding, delegate Pham Van Hoa (Dong Thap Delegation) expressed his high agreement with the draft Law allowing investors and competent persons to base on the scale, nature and actual conditions of each bidding package to select the appropriate form and contractor on the basis of ensuring quality and efficiency.
Regarding the bidding, delegate Pham Van Hoa suggested that the drafting agency have specific regulations for investors to choose contractors with financial potential and participate in many quality projects. In fact, in some localities, there is a phenomenon of a single contractor winning dozens of projects for many years in a row, even though the locality organizes continuous bidding. "Therefore, the locality must be responsible for the bidding and the quality of these projects," the delegate suggested.
Expressing the need for a law to amend seven laws, delegate Nguyen Huu Thong (Binh Thuan Delegation) was interested in amending and supplementing a number of articles of the Bidding Law. According to the delegate, this draft amendment is in the direction of giving organizations and enterprises the right to make purchasing decisions. This provision is necessary but is not consistent with the cases of designated bidding stipulated in Article 23 of the draft Law, so it may lead to difficulties in implementation in practice.
Regarding the method of selecting contractors, delegates recommended that the drafting agency clearly stipulate to reduce unnecessary overlapping methods; at the same time, clearly stipulate qualitative and quantitative criteria.
The delegate also recommended that there should be specific regulations to handle contractors who offer unusually low prices, leading to high risks and not ensuring the quality of the project due to poor capacity. “This could eliminate unsuitable contractors, or even take advantage of the bidding process for personal gain,” the delegate emphasized.
Public and transparent bidding project
Regarding the content of bidding, delegate Tran Anh Tuan (Ho Chi Minh City delegation) said that the most inadequacy when implementing bidding is related to the implementation time and the scale of the bidding package. For example, the scale of procurement under 500 million VND or construction projects with bidding packages under 1 billion VND are subject to bidding.
“The bidding period usually takes 3 to 4 months, so urgent packages that need to be implemented quickly will not be enough time. The drafting agency should stipulate that packages with a duration of less than 4 months must use designated bidding to keep up with the schedule,” delegate Tran Anh Tuan suggested.
“This is in line with reality so that we can speed up the procurement of public goods and services. However, the level of publicity and transparency - in enterprises, in the press... - needs to be clearly defined so that organizations can implement it more easily,” said delegate Tran Anh Tuan.
Delegate Nguyen Thi Thu Ha (Quang Ninh Delegation) also expressed concern about the content of bidding for urgent and urgent packages that need to be implemented immediately, requiring the protection of State secrets and having only one manufacturer and supplier of goods on the market, with specific characteristics in the research and testing to meet the actual implementation situation.
The delegate said that the provisions in the draft law would create additional needs to assess compliance with regulations before approving the contractor selection plan. “I propose that the drafting agency add responsibility for assessment and assessment of decisions on the above regulations,” the delegate suggested.
Delegate Luu Ba Mac (Lang Son Delegation) was interested in the content of bidding and contractor appointment when organizing cultural, sports and tourism events. The delegate said that, in reality, these events are very specific, bearing the creative imprint of each unit and individual associated with the context of space and time. Therefore, organizing public and widespread bidding as it is now will make it very difficult to evaluate and classify the winning units. In addition, bidding often takes time, while the requirements for event organization progress are often fast, the quality is high, the program is attractive and creative. If the winning unit is not in sync with the staging ideas and script framework approved by the competent authority, the quality of the program will be seriously affected.
"The drafting agency should research and prescribe regulations on bidding for special packages related to culture, sports, and tourism to ensure quality and efficiency," delegate Luu Ba Mac suggested.
At the meeting, Minister of Finance Nguyen Van Thang, on behalf of the drafting agency, spoke to explain and clarify a number of issues raised by 17 National Assembly deputies.
Source: https://hanoimoi.vn/loai-bo-cac-nha-thau-khong-phu-hop-loi-dung-chi-dinh-thau-de-truc-loi-703285.html
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