There is no specific model in the Procurement process.
As a deputy and an entrepreneur, what would you comment on the draft Procurement Law (Revised) prepared by the National Assembly for discussion at this meeting in the Hall?
In the evaluation report of the Economic Commission for Procurement Law (revised) states: After nearly 7 years of implementation of the Law on Tendering, procurement activities, procurement and use of State capital has gradually put into place . However, the Procurement Law has revealed some problems, limitations and inadequacies such as scope of the current Law on Tendering does not cover all procurement activities, procurement and use of State funds, procurement regulations are stated in many laws making it is difficult to look up and apply.
Thus, the amendment of Procurement Law is important to keep this as an uniform rule on procurement. The draft law has been prepared carefully, meticulously and it has reflected the full content related to procurement activities, procurement and use of public funds.
Draft Law has specify many contents addressing the shortcomings in the current procurement activities, requirements in tendering management ensuring consistency of Vietnam legal system and in line with international practices.
For regulations on preferential contractors and goods in the country, do you think this will affect competition in the bidding process?
The draft Procurement Law (revised) has very clear rules about priorities, preferences, creating favorable conditions for domestic enterprises and goods. The incentive here does not include less criteria, reducing competition in the bidding process; it relates to the resolution of economic problems to society, promote local production, create jobs for domestic labor.
It is also the policy to promote the campaign "Vietnamese priorities Vietnam’s goods" of the Party and State. However, as we are currently in the WTO, we should be be consistent with international law.
Concerning the scope of the Procurement Law (Revised), currently there are many different opinions on the provisions of Clause 1 of Article 1. What is your opinion on this?
I agree that there should be exceptional rules for projects that may not meet the criteria of 30% of the State capital however the State has invested a large amount in those projects. However, the capital of the State's total investment in the project is VND 500 billion or more should be weighed accordingly.
At the same time, in order to ensure the long term stability of the law, in my opinion, we should not give the absolute value of the law that the law should only be prescribed on principle, the Government shall give the value on each period accordingly.
What should we do in order to save time and cost in the selection of the contractor?
The Article 17 of the Draft Law provides for appointment of contractors in the selection of contractors, this method will save time and cost of the bidding process.
In 2005, the Prime Minister issued Decision No. 1195/QD-TTg which includes provisions on double mechanism of selection of contractors for the construction of the urgent power projects. This mechanism has demonstrated the appropriateness and effectiveness of the implementation process, which saves time and costs for both the owner and the contractor.
In my opinion, in this context, we need to replicate this mechanism, in which the need to pay attention to geographical factors of the work in order to spend a reasonable and effective state capital.
Many people said that besides the Procurement Law, there should have specific regulations on bidding for some specific industries or sectors such as and minerals … Would this be necessary?
I think the selection of the contractor is part of any industry or public sector must be agreed and implemented in accordance with general procedure.
In the auction, there is no specific industry standard. Process from the stage of procurement procedures, approved bidding documents, sell bidding documents, bid closing, opening bids, evaluation of bids, bidding approval ... the results are the same. The difference is only in the technical nature of each package and is reflected specifically in the bidding documents and it does not affect the processes and procedures for joint bidding.
Thus, differences in technique does not cause major difference in procedures when selecting contractors. Thus, the selection of the contractor does not need to have the governing law for each sector and area, it is necessary to follow the provisions of the Law on Procurement.
Huy Cuong (baodautu.vn)