Vietnam needs to amend Bidding Law to join int’l playing ground
The amendment of the Law on Bidding aims to update regulations in line with the free trade agreements (FTAs) that Vietnam has joined, to create a favorable business environment, and promote innovation.
The promulgation and implementation of the Law on Bidding 2013 together with relevant laws has created an important legal basis for regulating procurement activities, and 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 efficiency in bidding activities.
However, Mr. Tran Hao Hung, Director of the Procurement Management Department (Ministry of Planning and Investment), said that the actual situation poses an urgent requirement for a comprehensive revision of the Law on Bidding.
Mr. Hung said the goal of amending the Law on Bidding this time is to create a complete and unified legal framework on bidding, procurement using state capital, and prompt removal of difficulties and obstacles in the implementation of the Law, simplifying bidding procedures, cutting costs for businesses through bidding activities, promoting the procurement of innovative products, and green procurement in order to improve the quality of socio-economic efficiency, environmental protection, sustainable development.
A representative of the Electricity of Vietnam (EVN) said the current Law on Bidding is not updated with international practices according to new agreements signed between Vietnam and international organizations, such as the EU-Vietnam Free Trade Agreement (EVFTA), leading to many difficulties in the implementation of terms on bidding and procurement.
For example, 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 contractor" or "direct contract negotiation" can be applied to innovative products, high-tech products, green procurement, domestic products replacing imported goods, and 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.
A representative of Viettel Group stated that in fact, Viettel’s special feature is that it conducts military research activities. This firm sometimes needs to purchase equipment that only 1-2 corporations in the world can manufacture. These firms only negotiate directly, and do not organize bidding.
"We propose removing research projects using enterprise's scientific development funds from the law to increase innovation," the representative said.
Mr. Tran Hao Hung affirmed that the point of view of the agency developing the revised Law on Bidding is to create a favorable, healthy and fair investment and business environment for all economic sectors, promote innovation, accelerate national digital transformation, and develop digital economy on the basis of science - technology.