In addition to the Bidding Law, the Ministry of Finance collects comments on a number of other laws such as, the Law on Investment by the method of public -private partnership and the Customs Law; Law on Export and Import Tax; Investment Law; Law on Public Investment; Law on management and use of public assets.
According to the Ministry of Finance, the goal of amending the law to perfect institutions is to develop science, technology, innovation and digital transformation as well as promote economic growth according to the policies of the Party and State and resolve some practical problems in the implementation and management process.
The Ministry of Finance said that the Bidding Law No. 22/2023/QH15 (amended and supplemented in Law No. 57/2024/QH15) has created a unified and synchronous legal framework, contributing to removing difficulties in the process of implementing bidding activities to select contractors and investors.
However, to ensure the full institutionalization of the viewpoints, policies and solutions identified in Resolution No. 57-NQ/TW of the Politburo, it is necessary to continue considering amending the Law on Bidding to remove bottlenecks and barriers, develop science, technology, innovation, and national digital transformation, and meet the requirements arising in practice.
At the same time, continue to promote decentralization, delegation of authority, simplify procedures, speed up the progress of project and package implementation.
Accordingly, it is necessary to study and amend the regulations on the application of the Bidding Law on the performance of scientific and technological tasks; on bidding incentives; Regarding the method of evaluating bids; Regarding decentralization and decentralization in bidding; about ensuring competition in bidding; Regarding domestic bidding, international bidding; Regarding the form of contractor selection, investor; Regarding methods and criteria for evaluating bids for business investment projects; About monitoring bidding activities ...
The content amended and supplemented a number of articles of the Bidding Law notable. The draft proposes to supplement the principle of the application of the Bidding Law to organizations and individuals in charge of performing scientific and technological tasks in accordance with the mode of contracting use of the state budget, buying directly goods and services from households and individuals in the fields of agriculture, forestry and fishery, the organizations and individuals are allowed to decide on the selection of contractors.
Amend and supplement regulations on innovative products, digital technology products and services that meet domestic production criteria according to regulations of the Ministry of Science and Technology.
Contractors are innovation centers, science and technology enterprises, high-tech enterprises, science and technology organizations, research and development centers; small and micro enterprises when bidding for innovative products in the field of digital technology are eligible for incentives in contractor selection.
Supplementing the regulation that investors are science and technology enterprises, innovative enterprises, enterprises owning or having strategic technology patents that are eligible for incentives in selecting investors.
Supplementing regulations for investment and business projects in the fields of science, technology development, innovation and national digital transformation, competent authorities decide to apply domestic bidding or international bidding to select investors.
In case of domestic bidding, domestic investors are allowed to merge with foreign investors or use partners who are foreign contractors to participate in the bidding; domestic investors must be the leading members of the consortium.
Supplementing regulations to allow domestic contractors to joint venture with contractors established under foreign laws or use foreign subcontractors to participate in bidding for the project package in the fields of science, technology development, innovation and digital transformation of the country to organize domestic bidding.
The Law on Bidding amends policies to reduce and simplify processes and procedures for selecting contractors and promote decentralization and delegation of authority in bidding.
The Ministry of Finance proposes to remove the procedure for "assessing contractor selection results" for bidding packages applying the form of competitive supply and direct procurement.
Abolish the role of the bidding party in selecting contractors, and at the same time transfer the task of the bidding party to the expert team and investor.
Regarding contractors and competitive offers. Amending and supplementing in the direction of the law only stipulates the principles and assigns the Government to detail the contractor appointment and competitive offer. At the same time, supplementing the principle of negotiation on the price in the contractor in the direction of "In the process of negotiating the investor contract and the contractor negotiating the price guarantee price guarantee the winning bidding for savings and economic efficiency."
Regarding centralized procurement, amend and supplement in the direction of assigning the Government to specify in detail the form of contractor selection for the package applying centralized procurement.
