(MPI) - At the 8th Session of the 15th National Assembly, the Government submitted to the National Assembly the Law amending and supplementing a number of articles of the Law on Planning, the Law on Investment, the Law on Investment under the public-private partnership model and the Law on Bidding for expected approval. To ensure the implementation of the Law from the effective date, the Ministry of Planning and Investment has drafted a Decree amending and supplementing a number of articles of the Decrees detailing a number of articles and measures for implementation of the Law on Bidding.
According to the Government's Submission to the National Assembly , the drafting of the Law amending and supplementing a number of articles of the Law on Planning, the Law on Investment, the Law on Investment under the public-private partnership model and the Law on Bidding aims to promptly remove urgent difficulties and obstacles in institutions, simplify administrative procedures and promote decentralization and delegation of authority in the fields of planning, business investment, investment under the public-private partnership model and bidding.
In particular, this time, the Law on Bidding amends and supplements provisions to help save time and speed up the implementation of projects and bidding packages; amends and supplements a number of other provisions to remove obstacles, increase competitiveness in bidding, and ensure the rights of subjects during the bidding process; adds bidding packages that apply the form of contractor selection in special cases; amends regulations on applying direct procurement to the purchase of drugs for retail sale at drug retail establishments; amends regulations on bid designation and the basis for making contractor plans.
To ensure the implementation of the Law from the effective date, the Ministry of Planning and Investment has drafted a Decree amending and supplementing a number of articles of the Decrees detailing a number of articles and measures for implementing the Law on Bidding. Accordingly, the draft stipulates the amendment and supplement of a number of articles of Decree No. 23/2024/ND-CP dated February 27, 2024 of the Government detailing a number of articles and measures for implementing the Law on Bidding on the selection of investors to implement projects in cases where bidding must be organized according to the provisions of the law on management of sectors and fields; Amending, supplementing, replacing, and abolishing a number of provisions of a number of articles of Decree No. 24/2024/ND-CP detailing a number of articles and measures for implementing the Law on Bidding on contractor selection; Amending and supplementing a number of articles of Decree No. 115/2024/ND-CP dated September 16, 2024 of the Government detailing a number of articles and measures to implement the Law on Bidding on selecting investors to implement investment projects using land.
According to the draft, the dossier, process and procedures for selecting investors in special cases for the cases specified in Point a and Point b, Clause 3, Article 34 of the Law on Bidding (amended and supplemented in 2024) are as follows:
The competent person prepares the dossier to submit to the Prime Minister and at the same time sends it to the Ministry of Planning and Investment for appraisal.
The dossier submitted to the Prime Minister includes the following contents: Basic information of the project; Explanation of the necessity and reasons for not being able to meet the conditions for selecting investors specified in Clauses 1 and 2, Article 34 of the Law on Bidding, including requirements to ensure national defense, security, foreign affairs, territorial borders (for projects falling under the cases specified in Point a, Clause 3, Article 34 of the Law on Bidding) or special requirements and conditions on investment procedures, land allocation procedures, land lease, and sea area allocation; methods, evaluation criteria and contents of the investment and business project contract (for projects falling under the cases specified in Point a, Clause 3, Article 34 of the Law on Bidding).
Investor selection plan in special cases, including: investor selection process and procedures; specific solutions to solve the special and unique requirements of the project, ensuring the effectiveness of the business investment plan, the effectiveness of investment in developing the project's industry, field, and locality.
Within 05 working days from the date of receipt of valid dossiers as prescribed above, the Ministry of Planning and Investment shall send the dossiers to relevant ministries and agencies for comments on the contents under the state management scope of that agency (if necessary). Within 07 working days from the date of receipt of the request from the Ministry of Planning and Investment, the agency being consulted must send its comments to the Ministry of Planning and Investment.
Within 10 days from the date of receiving valid dossiers as prescribed, the Ministry of Planning and Investment shall prepare an appraisal report and draft Decision of the Prime Minister on the application of the form of investor selection in special cases (if qualified) to submit to the Prime Minister for consideration and decision. The appraisal report shall assess the following contents: necessity; meeting or not meeting special conditions; reasons for not being able to meet the conditions for investor selection prescribed in Clause 1 and Clause 2, Article 34 of the Law on Bidding.
The Prime Minister shall consider and decide on the application of investor selection in special cases based on the submitted documents of the project's competent person and the appraisal report of the Ministry of Planning and Investment.
The Prime Minister's decision on the application of contractor selection in special cases must include the responsibilities of competent persons and relevant agencies in the process of organizing investor selection, and other requirements during project implementation (if any).
Based on the Prime Minister's Decision, the competent person shall develop and approve the plan for selecting investors in special cases, including the following main contents: process and procedures for selecting investors; conditions for signing and performing contracts and other related contents to meet the specific conditions of the project, ensuring the selection of investors with sufficient capacity, experience, and feasible and effective project implementation solutions.
Regarding transitional provisions, according to the Draft, bidding packages for selecting contractors that have approved and issued invitations for expression of interest, invitations for pre-qualification, invitations for bids, and request documents before the effective date of this Decree shall continue to organize shortlisting, contractor selection, signing and contract implementation management in accordance with the provisions of the Bidding Law No. 22/2023/QH15, Decree No. 24/2024/ND-CP and detailed regulations and implementation instructions.
For bidding packages for which the contractor selection plan has been approved but by the effective date of this Decree, the invitation for expression of interest, invitation for pre-qualification, invitation for bids, and request documents have not been issued, in case the approved contractor selection plan is not in accordance with the Law on amendments and supplements to a number of articles of the Law on Planning, the Law on Investment, the Law on Investment under the public-private partnership method and the Law on Bidding and this Decree, the contractor selection plan shall be adjusted to comply with the provisions of the Law on amendments and supplements to a number of articles of the Law on Planning, the Law on Investment, the Law on Investment under the public-private partnership method and the Law on Bidding and this Decree./.
Source: https://www.mpi.gov.vn/portal/Pages/2024-11-22/Xay-dung-Nghi-dinh-sua-doi-bo-sung-mot-so-dieu-cuae76wrm.aspx
![[Photo] National Assembly Chairman Tran Thanh Man receives Cambodian Senate President Hun Sen](https://vphoto.vietnam.vn/thumb/1200x675/vietnam/resource/IMAGE/2025/9/1/7a90c9b1c1484321bbb0fadceef6559b)
![[Photo] Chairman of the National People's Congress of China Zhao Leji visits the Ho Chi Minh Mausoleum](https://vphoto.vietnam.vn/thumb/1200x675/vietnam/resource/IMAGE/2025/9/1/45b2a2744fa84d27a59515b2fe53b42a)
![[Photo] Ho Chi Minh City is filled with flags and flowers on the eve of National Day September 2](https://vphoto.vietnam.vn/thumb/1200x675/vietnam/resource/IMAGE/2025/9/1/f493a66401844d4c90919b65741ec639)
![[Photo] Celebration of the 65th Anniversary of the Establishment of Diplomatic Relations between Vietnam and Cuba](https://vphoto.vietnam.vn/thumb/1200x675/vietnam/resource/IMAGE/2025/9/1/0ed159f3f19344e497ab652956b15cca)
Comment (0)