On 20/6, the National Assembly sessions at the hall of the Bidding Law (as amended). As reported by the Ministry of Planning and Investment, after 6 years of implementation of the Bidding Law, the capital of the State savings totaling more than 106,000 billion. From 2007 to present, the Ministry of Planning and Investment has made 50 tests, thereby contributing to the prevention of misconduct in the bidding, and to improve the quality of the bidding.
However, the implementation of the Procurement Law also exposed some shortcomings. Discussion about the project at the law school, the participants said that the revised Comprehensive Procurement Law is necessary to achieve these goals: unified management expenditures using state capital increase competition; ensure transparency, fairness and economic efficiency in procurement, in line with the trend of international economic integration and simplification of administrative procedures for bidding.
A delegate said that, should reconsider the role of investors in the draft law. According to deputies, Le Cong Dinh, responsible for the regulation of large investors, from the tender documentation, requirements documents, appraisal and approval of bidding documents, records requirements, organizations play bidding, bid evaluation and approval shortlist, bid evaluation report on the results ... This negative result to occur during bidding. Meanwhile, the role of the investment decision is approved procurement plan of the project, which does not track and monitor the implementation. Such regulations are not tight.
The draft law should have provisions to strictly control procurement activities, limit corruption, bribery when standards and norms for the evaluation as a basis for the evaluation and appointment of contractors, schools the tendering and appointment of contractors are not clearly distinguished. Compensation liability and other liability is unclear.
About the prohibited acts, Pham Van Cuong participants suggested reviewing the case as head of the unit owner to authorize deputies approved contractor selection results, but the results are the contractors choice to the person concerned and the head of the winning bid. In this case, the head of the unit is not directly involved, but have a great impact on the bidding results, not transparent. Additional research is needed on the behavior rules.
Appointment of contractors, many participants said that this behavior is at least competitive and most prone to negative, but it is commonly used in procurement activities. To avoid abuse of contractor, Ha Sy Dong delegates proposed regulations specify quantitative Contractor and specified to avoid the qualitative provisions to ensure clarity, transparent nature of the provisions of national secrets, packages of urgent projects for national interests. There should be clear rules on procedures and control framework as a basis to request the competent State agencies confirm a bid is considered in the above case, if the state will not investors rampant recommendations and procedures inconsistent conditions to be applied only to contractors.
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