Bidding Law 2023 is expected for economic development

Many expectations from new regulations of the Bidding Law 2023

Speaking at the workshop, Dr. Tran Cong Phan, Vice President and General Secretary of the Vietnam Lawyers Association, Deputy of the 15th National Assembly, said that bidding is an activity of selecting contractors to effectively implement socio -economic development projects through competition between bidding enterprises on quality, efficiency, progress and many other criteria.

Bidding is a common economic and legal institution worldwide . In Vietnam, bidding activities were first legalized in Chapter VI - Construction Law 2003. Then, the Bidding Law 2013 was issued to regulate bidding activities, meeting the requirements of market economy development and economic integration.

Dr. Tran Cong Phan, Vice President, General Secretary of the Vietnam Lawyers Association, XV National Assembly Delegate spoke at the workshop.

After 10 years of implementation, the 2013 Bidding Law has revealed many shortcomings compared to the country's development, leading to the National Assembly promulgating the 2023 Bidding Law, which will take effect on January 1, 2024. "As a National Assembly delegate, participating in giving opinions, discussing and pressing the button to pass the Bidding Law, I see that there are many expectations from the new regulations of the 2023 Bidding Law," said Dr. Tran Cong Phan.

According to Dr. Tran Cong Phan, the new points relate to many different aspects of bidding activities, but the most prominent and focused is to prevent and overcome negativity, corruption, and waste of the country's resources regardless of any form of ownership.

“You have witnessed many wastes of resources. Just to give one example, the Dai Ninh Lam Dong super project with 3,600 hectares of fertile land has been abandoned for 14 years. This waste is extremely large and outrageous when people need land to develop agriculture. Waste, negativity, and corruption are related to land where bidding activities are distorted, used to cover up real estate transactions not for development but for personal and group interests.

Therefore, it is not by chance that Party documents and State legal documents always seek appropriate and effective solutions to prevent the negative and corrupt situations that are eroding and destroying the country's potential, including economic potential, political potential and social ethics," Dr. Tran Cong Phan expressed.

The Bidding Law 2023 is widely applied in project implementation.

According to Dr. Tran Cong Phan, corruption and waste occur in many different fields, but the most dangerous and alarming is in the field of management and use of special, invaluable, and irrecoverable and unexpandable resources.

That is land, especially agricultural land for rice cultivation and forests, due to the corruption of real estate transactions assigned and implemented by distorted bidding tools. It is affirmed that bidding is not at fault because its nature is a positive economic-legal institution.

However, the bidding law is still responsible because in some aspects it is not really suitable, not really tight, lacking solutions to ensure that competent people, investors, and contractors cannot, do not dare to use tools such as bid collusion, bid cancellation, land valuation, budget estimates, and "strange insertion" to satisfy personal and group interests.

Therefore, the National Assembly carefully considered, discussed and passed the Bidding Law 2023.

The 2023 Bidding Law has many new points and is expected to open many bottlenecks for the rapid and sustainable development of the economy. However, there are still gaps between the law and law enforcement that legal experts and economists call discontinuities.

The 2023 Bidding Law may also have some cuts that can only be recognized through implementation. Although it has only been in effect for more than 5 months, due to its special nature, the 2023 Bidding Law has been applied quite a lot in project implementation, especially construction works.

Ms. Vu Quynh Le, Deputy Director of the Department of Bidding Management, Ministry of Planning and Investment, spoke at the workshop.

Meanwhile, according to Ms. Vu Quynh Le, Deputy Director of the Bidding Management Department, Ministry of Planning and Investment, the Law on Bidding (amended) continues to create a complete, synchronous, and unified legal framework on bidding and procurement using state capital; promptly remove difficulties and obstacles in the process of implementing the law; Overcome the situation of formal bidding, improve competitiveness, publicity, transparency, and efficiency in bidding activities.

At the same time, continue to simplify bidding procedures to select contractors and investors; cut costs for businesses through bidding activities; avoid loss and waste of state budget and assets, prevent and handle negativity and corruption in bidding activities. Develop a suitable mechanism for selecting contractors and investors to promote the development of domestic enterprises to improve socio-economic efficiency.

“In the process of drafting the Law on Bidding (amended), the drafting agency has carefully reviewed and assessed the difficulties and obstacles arising from practice, in the spirit of closely following practice, taking practice as a measure to study and amend the law. At the same time, it has consulted international practices, consulted experts, businesses, and subjects affected by the law,” said Ms. Vu Quynh Le.

Source: https://www.nguoiduatin.vn/luat-dau-thau-2023-duoc-ky-vong-cho-su-phat-trien-kinh-te-a666303.html