Vietnam's Bidding Law should be revised to be suitable the worldwide market

Vietnam’s Bidding Law should be revised to be suitable the worldwide market

The amendment of the Bidding Law aims to update regulations in line with the free trade agreements (FTAs) that Vietnam is a member of, create a favorable business environment, and promote innovation.

Urgent requirement for comprehensive revision

The promulgation and implementation of the Law on Bidding together with relevant laws have created an important legal basis for regulating procurement activities, management, and use of capital and assets of the State, contributing to improving investment efficiency and procurement with the state budget.

In addition, the Law on Bidding has created a legal basis for promoting online bidding activities, creating a comprehensive change in bidding work, ensuring the requirements of publicity, transparency, competition, and creating confidence for agencies and units in the process of implementing bidding activities.

In the process of implementing the Law on Bidding 2013, a number of procurement activities and selection of contractors and investors have arisen, which have not been regulated by this law or are not fully regulated, such as the selection of investors according to the provisions of specialized laws, the law on socialization, and the selection of investors for projects with two interested investors.
Besides, after the Law on Bidding was promulgated, a number of related laws were amended, supplemented, or had different provisions from the Law on Bidding. That has posed a requirement to continue to perfect a number of provisions of the Law on Bidding, in order to ensure the consistency and uniformity of the legal system and to avoid contradictions and conflicts in the implementation of this law.
It is known that in Resolution 22/NQ-CP dated February 28, 2022, on the special session on law formulation in February 2022, the Government approved the proposal to develop the Procurement Law Project (amended), and assigned the Ministry of Planning and Investment to continue to review, evaluate and comprehensively summarize the implementation of the Law.

In particular, the Government should pay attention to thoroughly overcome the formal bidding, perfecting regulations on an effective, competitive, public, transparent, and economically efficient bidding mechanism, in sync with the management mechanism, control, examine and supervise bidding activities; avoid loss and waste of state budget and state assets, prevent and deal with negativity and corruption; ensure the uniformity of the legal system.

Amended to match the international market

Commenting to improve the policy content of the Procurement Law project (amended) at a workshop held by the Procurement Administration Department on March 15, a representative of Electricity of Vietnam (EVN) said that the current Law Currently, international practices in bidding have not been timely updated according to new agreements signed between Vietnam and international organizations, such as the EU-Vietnam Free Trade Agreement (EVFTA), leading to there are still many difficulties in organizing the implementation of terms on bidding and procurement.

The EVFTA allows the application of the form of appointment of contractors for the protection of patents, copyrights, or other exclusive rights. Therefore, the Bidding Law may consider adding cases where the form of “designation of the contractor” or “direct contract negotiation” can be applied to innovative products, high-tech products, green procurement, domestic products replacing imported goods, products appearing on the domestic market for the first time if they fall under the provisions of the EVFTA to support domestic manufacturers and contractors.

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