Early revision of the Bidding Law (amended) to suit reality

Presenting a report on explanation, acceptance and revision of the draft Law on Bidding (amended) on the morning of June 23, Chairman of the National Assembly 's Finance and Budget Committee Le Quang Manh said that the National Assembly discussed the draft Law on Bidding (amended) in the Hall. Based on the opinions of National Assembly deputies, the National Assembly Standing Committee (NASC) directed the agency in charge of the review, the drafting agency and relevant agencies and organizations to study, accept and revise the draft law.

"Through synthesizing the opinions of National Assembly deputies discussed in the hall, the National Assembly Standing Committee would like to accept them in the direction of ensuring harmony between the requirements of improving the effectiveness of state management and the autonomy of enterprises, not narrowing or expanding the subjects excessively; on the one hand, ensuring that bidding brings economic benefits to the inviting party, on the other hand, ensuring the construction of a healthy, competitive, equal, public and transparent investment and business environment," said Mr. Manh.

Early revision of the Bidding Law (amended) to suit reality - 1 — Chairman of the National Assembly's Finance and Budget Committee Le Quang Manh (Photo:Quochoi.vn).

Therefore, the Standing Committee of the National Assembly reports to the National Assembly for consideration and decision on the scope of regulation of the Law on Bidding, including: Bidding packages belonging to investment projects of State-owned enterprises as prescribed by the Law on Enterprises and enterprises in which State-owned enterprises hold 100% of charter capital as shown in Point a, Clause 2, Article 2 of the draft law.

Regarding the selection of investors in special cases, the Standing Committee of the National Assembly found that the current Land Law and the draft Land Law being amended do not stipulate bidding to select investors applicable to investment projects related to security and national defense. Therefore, the provisions on investors in special cases in the draft Bidding Law are not consistent with the draft Land Law.

The draft law also has many elements that do not ensure transparency, are unclear about processes and procedures, and pose a potential risk of policy abuse, especially for investment projects that use land for commercial purposes; moreover, there has been no precedent for applying this mechanism so far. Therefore, the Standing Committee of the National Assembly would like to accept the opinions of National Assembly deputies and remove the provision on selecting investors in special cases in Clause 3, Article 34 of the draft Law.

Regarding the regulations on centralized bidding, purchasing drugs, chemicals, and medical equipment, the Standing Committee of the National Assembly has directed the agency in charge of reviewing and the agency in charge of drafting to closely coordinate with the Law Committee, the Social Committee, the Ministry of Health , and a number of National Assembly deputies working in the health sector on the contents of acceptance and revision related to the health sector. On that basis, the terminology used in the law will be reviewed and agreed upon; regulations on centralized procurement for the purchase of rare drugs and drugs that need to be purchased in small quantities will be agreed upon; regulations on selecting contractors to supply chemicals and medical equipment will be reviewed; regulations on payment from the health insurance fund in cases where private medical examination and treatment facilities do not choose to apply the provisions of the Bidding Law will be accepted and supplemented; regulations on medical examination and treatment facilities being allowed to decide on their own procurement on the basis of ensuring publicity, transparency, economic efficiency, and accountability will be adjusted; regulations on incentives in drug purchases will be adjusted.

Early revision of the Bidding Law (amended) to suit reality - 2 — Vice Chairman of the National Assembly Nguyen Duc Hai chaired the meeting. (Photo: Quochoi.vn).

Regarding prohibited acts in bidding activities, the Standing Committee of the National Assembly has revised the draft Law, showing 9 groups of acts and revising specific contents in Article 16. Adding the purpose of the act in the regulation prohibiting bid collusion; adding the regulation prohibiting acts violating the law on network safety and security to interfere with and hinder online bidding.

Regarding the form of bidding, the Standing Committee of the National Assembly has directed the appraisal agency to coordinate with the drafting agency to review and revise in the direction of reducing a number of cases of bidding; in addition, review and supplement Article 23 of the draft Law to revise and legalize a number of cases of contractor selection in special cases stipulated in Decision No. 17/2019 of the Prime Minister to apply the form of bidding.

Regarding the bid package price, the Standing Committee of the National Assembly added the provision "The Government shall specify in detail the contents of the bid package price in the contractor selection plan" in Clause 2, Article 39 of the draft Law.

Regarding state management in bidding activities, Chairman of the Finance and Budget Committee Le Quang Manh stated that the Standing Committee of the National Assembly has reviewed and revised Articles 84 and 85 of the draft law, removed provisions to ensure consistency, and revised 2 articles: Article 84. Powers and responsibilities of the Government and Prime Minister and Article 85. Powers and responsibilities of the Ministry of Planning and Investment into a new Article 84 on "state management responsibilities for bidding".

In addition, the Standing Committee of the National Assembly has revised the contents to ensure more comprehensiveness and merged 3 Articles: Article 87 on Inspection of bidding activities, Article 88. Inspection of bidding activities and Article 89. Supervision of bidding activities into a new Article 86 on "Inspection, examination and supervision of bidding activities".

Regarding handling situations and resolving petitions in bidding, the Standing Committee of the National Assembly has reviewed and revised the provisions in Articles 88 to 94 of the new draft Law, accordingly, the provisions on cases where situations arise that are not specified in the contractor selection plan and bidding documents (new Article 88); and the provisions on resolving petitions in bidding activities (new Article 89) have been revised.

In addition, the Standing Committee of the National Assembly has studied, absorbed and explained many opinions of the National Assembly deputies stated in the full report; at the same time, reviewed and revised the draft Law to be suitable in terms of format and technical documents, ensuring consistency in the legal system and feasibility of the draft Law.

Pham Duy

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