On the morning of May 24, continuing the 5th session, Member of the National Assembly Standing Committee, Chairman of the Finance and Budget Committee Le Quang Manh presented a report explaining, accepting and revising the draft Law on Bidding (amended).
Mr. Le Quang Manh stated that the draft Law after being accepted and revised consists of 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.
Chairman of the National Assembly's Finance and Budget Committee Le Quang Manh. (Photo: Quochoi.vn)
The National Assembly Standing Committee proposed not to abolish the forms and methods of contractor selection that have been stably applied in the past to avoid unnecessary disruptions.
In addition, taking into account 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.
At the same time, direct the agency reviewing 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.
Participating in contributing ideas to complete the draft Law on Bidding (amended), Delegate Tran Van Tien - National Assembly Delegation of Vinh Phuc province emphasized that it is necessary to assess the impact in cases where enterprises hold 50% of charter capital.
Mr. Tien said that there are about 19 provisions assigned to the Government and some ministries and branches to regulate or provide specific guidance, but so far there has been no draft decree and accompanying guidance. Delegates suggested that it is necessary to supplement to ensure consistency and unity between the law and sub-law documents for delegates to study and give opinions.
National Assembly Delegate Tran Van Tien. (Photo Quochoi.vn)
Regarding the scope of regulation, Article 1 of the draft stipulates that this law regulates state management of bidding activities, the authority and responsibility of agencies, organizations and individuals in bidding activities, the selection of contractors to implement bidding packages, and the selection of investors to implement business investment projects. Delegates asked whether the selection of contractors to implement bidding packages and the selection of investors to implement business investment projects are part of bidding activities. If they are part of bidding activities, there is no need to repeat them in this article. In that case, Article 1 is re-stated as follows: This law regulates bidding activities, state management of bidding activities, the authority and responsibility of agencies, organizations and individuals in bidding activities.
Point b stipulates the bidding package for equipment, facilities, etc. for state-owned enterprises, but if option 2 is applied, then for state-owned enterprises holding 50% or less of charter capital, the enterprise will decide according to the Enterprise Law, at that time, state capital in the enterprise can hold up to 50% of charter capital but cannot control it. Therefore, the delegate requested the Drafting Committee and the appraisal agency to assess the impact on cases where state capital holds up to 50% of charter capital.
On the other hand, when an enterprise enters into a joint venture or association with another enterprise but the capital proportion of the state-owned enterprise implementing the bidding package or project is less than 50%, how will it be handled? The delegate requested that the drafting agency clarify this.
Delegate Le Thi Song An (Long An delegation) commented: Regarding prohibited acts, it is necessary to clarify prohibited acts such as "collusion, arrangement, agreement", "intentionally not providing documents to prove capacity and experience when requested by the inviting party to clarify the bidding documents or when requested to compare documents to create conditions for one party to win the bid".
Delegate Le Thi Song An. (Photo: Quochoi.vn)
This delegate said that currently, fraudulent acts in bidding are very complicated with many sophisticated tricks, difficult to detect because there are no specific regulations. Having specific regulations on prohibited acts will help the state management of bidding activities and the enforcement of bidding laws to be implemented more openly, strictly and transparently.
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