On the morning of May 24, continuing the 5th session, the National Assembly discussed in the hall a number of contents with different opinions of the draft Law on Bidding (amended).
Presenting the report on explanation, acceptance and revision of the draft Law on Bidding (amended), Chairman of the Finance and Budget Committee Le Quang Manh said that, accepting the opinions of National Assembly deputies, the National Assembly Standing Committee (NASC) has directed the verification agency to closely coordinate with the drafting agency and relevant agencies to closely follow the goals and requirements of law amendments to complete the draft Law in the following direction:
Review and revise the scope, subjects of application of laws, processes and procedures for selecting contractors and investors to ensure consistency and uniformity between the provisions of the Law on Bidding and related laws;
Reviewing procedures, reducing bidding time, reforming administrative procedures, promoting the application of online bidding; Removing difficulties and obstacles in bidding activities, especially obstacles in bidding for the procurement of drugs, chemicals, and medical supplies in recent times;
Clearly define prohibited acts and incentives for domestic enterprises, enhance competitiveness, publicity, transparency, and economic efficiency in bidding activities; legalize contents that have been stipulated in sub-law documents that have been implemented stably; clearly define the responsibilities of ministries, branches, localities, bidding parties, and bidders.
Regarding the specific contents of the Law, Mr. Le Quang Manh said that the Standing Committee of the National Assembly proposed not to abolish the forms and methods of selecting contractors that have been applied stably in the past to avoid unnecessary disruptions.
Chairman of the Finance and Budget Committee Le Quang Manh reported on the explanation, acceptance and revision of the draft Law on Bidding (amended).
Regarding bid designation, many National Assembly deputies said that the draft Law adding many cases of bid designation and reducing bidding cases is inappropriate, and needs strict regulations, only applying bid designation in cases of real necessity and urgency, and stipulating specific criteria to avoid abuse.
In response to the opinions of National Assembly deputies, the Committee for Cultural Affairs has directed the review and revision of Article 23 of the new Draft Law in the direction of reducing some cases of designated bidding, specifically: Eliminating the regulation on applying designated bidding for resettlement packages because this is not a complicated job and many contractors can perform it;
For important national projects, the National Assembly will decide on the appointment of contractors when approving the project's investment policy; amend the regulations on appointment of contractors for consulting service provision packages in the direction of applying them to some special packages related to copyright or ensuring technological compatibility;
Amend the regulations on bidding for packages of supplying drugs, chemicals, and medical equipment to cover urgent and emergency cases in the medical field; legalize the regulations on bidding limits that have been applied according to the provisions of Decree No. 63; supplement a number of cases of bidding that are currently applying the form of selecting contractors in special cases according to the provisions of Decision No. 17 of the Prime Minister that are eligible to apply bidding to ensure clarity and transparency.
Regarding the purchase of drugs and medical supplies, many National Assembly deputies were interested and proposed regulations in this Law to resolve difficulties and specificities in the medical field, in accordance with practical requirements; at the same time, many opinions contributed details and specifics in the provisions of the draft law.
The Standing Committee of the National Assembly has directed to absorb as much as possible the opinions of the National Assembly deputies. Accordingly, the draft law has been absorbed and revised in many articles and clauses to clearly and specifically stipulate in the law to resolve difficulties and problems that are of public concern regarding the purchase of drugs, supplies and medical equipment.
In particular, it has absorbed and adjusted relevant provisions on bidding in purchasing drugs, supplies, medical equipment, selecting contractors in special cases for vaccine procurement packages during the testing process; applying additional purchase options and centralized procurement;
Supplementing regulations on selecting contractors to supply drugs, chemicals, medical equipment and adjusting regulations on incentives in drug purchases.
"These contents were revised based on the opinions of National Assembly delegates, working with relevant ministries, agencies, experts, and several major hospitals in Hanoi, and were approved by the Ministry of Health, the drafting agency," said Mr. Le Quang Manh.
Amending relevant provisions on bidding in purchasing drugs, supplies and medical equipment.
Regarding ensuring competition in bidding, some opinions suggested studying and amending the provisions in Article 6 to suit current reality (large corporations and general companies all have specialized construction and installation enterprises; public service units have specialized capacity...) The provisions on "financial independence, legal independence" will lead to affiliated units not being allowed to participate in bidding packages of the parent company, the State agency as the investor, affecting operational efficiency and not ensuring fairness and competition.
In response to the opinions of National Assembly deputies, the Standing Committee of the National Assembly has revised the draft Law in the direction of removing the provision in Clause 4, Article 6 of the draft Law submitted to the National Assembly.
At the same time, supplement the provisions at Point a, Clause 2, Article 6 to clarify the requirements for ensuring competition between investors, bidding parties and contractors who are public service units, subsidiaries in economic groups and State-owned corporations.
This regulation aims to create conditions for public service units with specialized capacity to participate in bidding for packages invested by State management agencies; for subsidiaries to participate in bidding for packages invested by parent companies to take advantage of the advantages and strengths in the main production and business fields of public service units and subsidiaries...
To continue perfecting the draft Law, the Standing Committee of the National Assembly proposed that the National Assembly focus on discussing the meeting of the objectives and requirements for amending the Law; the scope of application of the Law on Bidding (content with different opinions: the scope of application of the Law on Bidding to State-owned enterprises); forms and methods of selecting contractors and investors; procedures for selecting contractors and investors; responsibilities of the parties and handling of recommendations and complaints in bidding ...
Source
Comment (0)