Receive and complete the draft Law on Bidding (amended)

Receiving the opinions of the National Assembly deputies, Minister of Planning and Investment Nguyen Chi Dung said that the National Assembly deputies had given many specific and profound opinions for the agency to continue perfecting the draft Law. At the same time, he said that in the past time, the agency in charge of the review, the Finance and Budget Committee, had closely coordinated with the drafting agency to study, absorb, explain and revise the draft Law. Minister of Planning and Investment Nguyen Chi Dung expressed his agreement with the contents of the Report on explanation, absorption and revision of the draft Law on Bidding (amended) of the National Assembly Standing Committee.

Minister of Planning and Investment Nguyen Chi Dung said that National Assembly deputies have given many specific and profound opinions so that the agency can continue to perfect the draft Law.

Regarding the opinions expressed by the delegates today, Minister Dung said that some opinions have been received, explained and edited in the draft law. As for some new issues arising in the hall today, the drafting agency would like to continue to study, receive and edit them to complete them right after the meeting.

Regarding the scope of the Law on the selection of contractors using State capital, Minister Nguyen Chi Dung said that there are currently two streams of opinion and two options. In which, the Government 's option is: This Law only applies to State-owned enterprises that are subject to the provisions of Clause 1, Article 88 of the Enterprise Law and does not apply this Law to all cases of selecting contractors for projects that use State capital of 30% or more or less than 30% of over 500 billion VND. However, some delegates said that such a regulation does not ensure strict management of State capital because many bidding packages of subsidiaries belonging to State-owned corporations and groups will not have to be bid.

Clarifying the Government's plan, the Minister of Planning and Investment said that the Government's plan will not narrow the scope of application of the Law and will still ensure strict management of the use of State capital. The draft Law stipulates that all contractor selection activities that use State budget capital are within the scope of this Law. When State capital is used, State-owned enterprises or non-State-owned enterprises that use State capital must conduct bidding in accordance with the provisions of this Law.

The Minister of Planning and Investment said the Government's plan will not narrow the scope of application of the Law and still ensure strict management of the use of State capital.

On the other hand, state-owned enterprises must be responsible for preserving and effectively using state capital invested in enterprises. The state shall not interfere in the investment and business activities of state-owned enterprises in other enterprises and must ensure that state-owned enterprises operate according to market mechanisms and take economic efficiency as the main criterion for evaluation in order to ensure autonomy, self-responsibility and fair competition according to the law.

Minister Nguyen Chi Dung said that the Government's proposal was consistent with the viewpoints of Resolution 12 of the Central Committee and the Law on Management and Use of State Capital Invested in Production and Business at Enterprises, ensuring transparency and convenience for bidding activities of state-owned enterprises and ensuring effective state management at enterprises.

Regarding the cases of designated bidding, the Minister said that he had accepted all the opinions of the delegates. However, the Ministry of Planning and Investment will continue to study and review, possibly adding and expanding to a number of other cases of designated bidding that we deem necessary, especially those related to natural disasters, epidemics, national defense, security, and national sovereignty.

Regarding the selection of contractors and investors in special cases, the Minister said that he had taken into account the opinions of the National Assembly deputies, and the draft had also completed the decision on the authority to decide on decentralization to the Minister and the Chairmen of the People's Committees of the provinces, while the Prime Minister only decides on issues related to national defense and security. This issue has been revised in that direction.

“In addition, when issues arise related to national defense, security, natural disasters, and epidemics that have not been regulated in this law, the Government will report to the National Assembly Standing Committee for consideration. We think that is appropriate and also creates initiative when faced with situations that arise,” Minister Dung informed.

Overview of the meeting

Regarding the content of removing obstacles in the health sector. This is a content that delegates are very interested in in recent practice and require a fundamental and radical solution to completely remove the current difficulties and obstacles in this activity. Minister Dung said that in the explanatory report of the National Assembly Standing Committee, the contents that have been accepted, revised and completed were also very specifically stated. However, Minister Nguyen Chi Dung emphasized that, in addition to some recent obstacles in the provisions of the law, most of the obstacles mainly arise from the organization of implementation or enforcement or from inadequacies, overlaps and contradictions in the provisions of decrees and circulars.

Explaining this content, Minister Nguyen Chi Dung said that, besides some problems in the Law, in reality, it is because we have not organized the implementation well, because some regulations in the decrees are not strict, complete, or consistent, and because some of our regulations and circulars also cause difficulties. The Minister added that recently, the Government has also directed to remove these obstacles through many resolutions, the most recent of which are Resolution 30 and Decree 07, which have basically solved some of these problems.

Incorporating the opinions of the delegates, the draft law has a separate chapter and also has many provisions to regulate issues related to healthcare and in the direction of enhancing autonomy and self-responsibility for hospitals, facilitating the purchase of drugs and specific medical equipment suitable for the specific expertise of the industry, adding regulations for the purchase of chemicals with the contractor's requirements or what we call the model of placing machines and borrowing machines this time is also regulated.

In addition, Minister Nguyen Chi Dung said that the contents and regulations on bidding and in the health sector, in our opinion, have basically resolved the shortcomings and especially have received a high level of consensus from National Assembly deputies, Government members, experts, and hospitals. However, the drafting agency will continue to study to fully complete all issues related to the health sector as the delegates are interested in. At the same time, if there are any issues that the delegates have not been able to express, they will be sent directly to the drafting agency or the reviewing agency for acceptance in the coming time.

Finally, to ensure consistency and feasibility in the legal system, it is also necessary to continue reviewing other laws related to this field. In the near future, the Government will have instructions to review. If there are any conflicts or overlaps with the health sector related to the specific characteristics of the industry, these laws will have to be amended.

Source: https://baotainguyenmoitruong.vn/bo-truong-nguyen-chi-dung-tiep-thu-de-hoan-thien-day-du-du-thao-luat-dau-thau-sua-doi-357760.html