The Law on Bidding (amended) clearly stipulates that in cases of purchasing rare drugs or drugs that need to be purchased in small quantities, centralized procurement can be applied to ensure that there are enough drugs to serve the medical examination and treatment needs of the people.
National Assembly deputies vote to pass the Law on Bidding (amended). (Photo: DUY LINH).
On the morning of June 23, the National Assembly passed the Law on Bidding (amended) with 460/474 delegates participating in the vote in favor (equal to 93.12% of the total number of National Assembly delegates).
The Law consists of 9 Chapters and 96 Articles, keeping the same number of chapters and reducing 3 Articles compared to the draft Law submitted to the National Assembly at the beginning of the 5th Session, 15th National Assembly.
Ensuring feasibility in organizing bidding to select suppliers
The Law on Bidding (amended) clearly stipulates that centralized procurement is applied when goods and services need to be purchased in large quantities and of similar types at one or more agencies, organizations and units.
In case of purchasing rare drugs or drugs that need to be purchased in small quantities, centralized purchasing can be applied to ensure there are enough drugs to serve the needs of medical examination and treatment.
Clarifying this content in the report explaining, accepting and revising the draft Law, Chairman of the National Assembly's Finance and Budget Committee Le Quang Manh said that according to international practice, centralized procurement is often applied to goods and services that need to be purchased in large quantities and of similar types at one or more agencies, organizations and units.
Chairman of the National Assembly's Finance and Budget Committee Le Quang Manh reported on the explanation, acceptance and revision of the draft Law before the National Assembly voted to approve it. (Photo: DUY LINH).
However, due to the specific conditions of Vietnam, in cases of rare drugs, drugs that need to be purchased in small quantities in each locality, if the unit organizes separate bidding, it will be difficult to select suppliers (due to small quantities, not attractive to suppliers).
Therefore, according to the proposal of the National Assembly delegates, the draft Law has added the case of centralized procurement for rare drugs, drugs that need to be purchased in small quantities and are in demand in many localities and hospitals to create a procurement package with large quantities to ensure feasibility in organizing bidding to select suppliers.
Regarding the proposed additional regulations on specific cases where the Minister of Health issues a list of national centralized procurement, the National Assembly Standing Committee proposed to maintain the provisions as in the draft Law, which is: assigning the Minister of Health to issue a list of national centralized procurement for drugs; a list of national centralized procurement for medical equipment and testing supplies when necessary.
Accordingly, based on the actual situation and requirements in each period, the Minister of Health will issue and adjust the list of national centralized procurement for drugs, medical equipment, and testing supplies accordingly.
The scope of application includes enterprises in which 100% of charter capital is held by state-owned enterprises.
Regarding the scope of application of the Law on Bidding to state-owned enterprises and projects using state capital, Chairman of the Finance and Budget Committee Le Quang Manh said that in the draft Law submitted to the National Assembly for comments at the 4th Session, the Government proposed to abolish the regulation on applying the Law on Bidding to contractor selection activities for projects using state capital, capital of state-owned enterprises from 30% or more or less than 30% but over 500 billion VND of the total investment of the project.
At the 5th Session, the National Assembly Standing Committee reported to the National Assembly 2 options stipulated in the law on this content. Option 1: keep the same as the option the Government submitted to the National Assembly at the 4th Session, accordingly, the subject of application only includes investment projects of state-owned enterprises. Option 2: stipulate the subject of application including investment projects of state-owned enterprises and enterprises with more than 50% of capital owned by state-owned enterprises.
The National Assembly passed the Law on Bidding (amended) with an approval rate of 93.12%. (Photo: DUY LINH).
Through synthesizing the opinions of National Assembly delegates discussed in the hall, some opinions suggested choosing option 2 to avoid excessively narrowing the bidding subjects, strictly managing state investment capital in state-owned enterprises and capital of state-owned enterprises investing and contributing capital to other enterprises in which state-owned enterprises hold controlling power.
Some opinions suggest choosing option 1 to increase the autonomy and self-responsibility of state-owned enterprises in production and business activities...
The Draft Law has been accepted by the National Assembly Standing Committee in the direction of ensuring harmony between the requirements of improving the effectiveness of state management and the autonomy of enterprises, without excessively narrowing or expanding the scope of subjects.
On the one hand, it ensures that bidding brings economic benefits to the inviting party; on the other hand, it ensures the building of a healthy, competitive, equal, public and transparent investment and business environment.
Accordingly, the scope of regulation of the Law on Bidding includes: bidding packages of investment projects of state-owned enterprises according to the provisions of the Law on Enterprises and enterprises in which state-owned enterprises hold 100% of charter capital.
According to: nhandan.vn
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