| Work Detail |
04/01/2021 10:18
(CPT) - Bidding practice is very rich and vibrant, requiring a legal framework "big enough", "enough" to cover all fields and arising situations. The Bidding newspaper had a conversation with the Director of the Procurement Management Bureau (QLÐT) Nguyen Dang Truong about the process of building and completing the legal framework for bidding as well as achievements in 2020.
For the first time, the investment process of a PPP project was uniformly regulated in a Law, in which cases of appointment of contractors were minimized; applying the risk-sharing mechanism to increase and decrease revenue. Photo: Tuong Lam
Dear Director, in 2020, the Procurement Management Department plays an important role in advising to develop and pass the Law on Investment under the Public Private Partnership (PPP) mode. Can the director share about the implementation process as well as his upcoming plans to bring the PPP Law to life?
The PPP Law is the first bill submitted to the National Assembly, with many difficult contents and impacts on many subjects and fields. We have had a while to implement this method with regulations at the decree level and have revealed many shortcomings, leading to a negative view of public opinion on PPP investment method (known as through the types of BOT, BT contracts, investors are not really assured that the legal framework is not strong enough, not stable enough. Therefore, the task of the drafting agency is very heavy. Besides, the process of researching, building and drafting the Law is in the context of the Covid-19 pandemic taking place around the world. This makes consultation and consultation of domestic agencies and units as well as international experts in traditional methods such as seminars and conferences.
Director of Procurement Management Department
Nguyen Dang Truong
Overcoming the difficulties and challenges, under the drastic direction of the National Assembly, the Government and the leaders of the Ministry of Planning and Investment (MPI), the Department of Planning and Investment has made efforts to study and summarize domestic and national practices practice, find methods of discussion, consult (via email, organize online conferences ...) to handle problems in the draft. On that basis, the PPP Law was officially passed by the National Assembly at the 9th session of the 14th National Assembly on June 18, 2020.
Some notable new points of the PPP Law are: differentiating a number of investment fields and investment scale in order to overcome the situation of spreading ineffective investment; integrating the regulation of “investor selection” from the Bidding Law 2013 to the PPP Law so that for the first time the investment process of a PPP project is uniformly regulated in a Law, in which only minimizes cases. bid evaluation; applying the risk-sharing mechanism to increase and decrease revenue, signify a change in PPP policy in Vietnam when affirming fairness and equality between the State and the private business community ...
Thus, along with the Decree guiding the PPP Law (MPI submitted to the Government in November 2020) will be considered and issued by the Government, the PPP legal framework will be basically completed. However, we also consider that in order for the Law to really come to life and contribute to the countrys socio-economic development, there are still many problems to be solved in the implementation stage. Specifically, the selection and preparation of a PPP project should be done methodically, avoiding a rush; State resources for project preparation as well as PPP project support should be prepared; quickly consolidate the organization apparatus and personnel for the implementation of PPP in the direction of full-time and professionalism at all levels of implementation; promote the disclosure and transparency of information about PPP projects that have been and will be implemented ...
I believe that, by the overall implementation of the above solutions, the PPP program in Vietnam can have a lot of prosperity, create confidence for investors and public opinion, and above all, deploy a lot. Furthermore, PPP projects in practice contribute to improving the quality of infrastructure, improving the quality of public services and the quality of life of the people and society.
Bidding is a rather complicated field, requiring investors / bid solicitors to firmly grasp the law on bidding. However, some investors / amateur solicitors, often confuse themselves when dealing with arising bidding situations. So there are measures and solutions to support investors, bid solicitors?
In order to support investors / bid solicitors and enterprises in handling problems arising in bidding, in 2020, the Department of Planning and Investment has issued nearly 1,600 documents guiding the implementation of the bidding law, about 500 documents guiding the PPP field for ministries, sectors, localities, enterprises ... The Department also regularly answers questions of citizens through the web portal of the Ministry of Planning and Investment, the portal of Government (average 30 questions / month).
Besides, in 2020, the Department of Planning and Investment received and processed 132 documents on proposals in bidding. In addition to guiding the procedures, procedures, and legal provisions on bidding, the Departments petitions handling documents also help warn the authorities, especially the investor, the bid solicitor and the Department. Planning and Investment in improving the effectiveness of bidding, ensuring timely detection and handling of violations in accordance with the direction of the Prime Minister in Directive No. 47 / CT-TTg dated December 27, 2017, directing of the Minister of Planning and Investment in Directive No. 03 / CT-BKHDT dated May 24, 2019, thereby helping to remove difficulties and problems of agencies, units, businesses, contractors, and investors.
In order to improve the quality of human resources doing bidding in the whole country, by 2020, the Bidding Support Center and the National Online Bidding Center under the Department organized 67 training courses, fostering knowledge of practice. bidding activities, intensive bidding and online bidding for about 6,300 trainees. The Department of Investment and Management has also organized 4 capacity building conferences for about 450 individuals working in bidding in the country at 3 locations: Hanoi, Ho Chi Minh City and Khanh Hoa Province.
Estimated saving of administrative costs for businesses when participating in online bidding in 2020 is approximately 1,200 billion VND
One of the important results of bidding in 2020 is the increase in the proportion of online bidding packages. Can the director share more about the solutions he has taken to achieve these positive results?
By 2020, the number of bidding packages applying the form of open bidding and online competitive offers will reach about 95,000 bidding packages with a total package price of more than VND 541,000 billion, accounting for 86.6% of the total number of bidding packages. reaching 54.7% of the total value of the bidding package, much higher than the target in Resolution 01 / NQ-CP which is at least 60% of the number of open bidding packages and online competitive offers with the total price. package value of at least 25%.
According to statistics, the time for online contractor selection compared to traditional bidding saves an average of 6 days / bidding package. Converting the value of time according to the cost of salary / workday, the estimated cost savings when applying online bidding in 2020 is about over 500 billion VND. According to the survey, when participating in online bidding, it saves administrative costs compared to traditional bidding of 5 million VND / 1 package (including costs of purchasing bidding documents, travel expenses, printing, labor). The average number of bidders participating in an online bidding is 2.5 bidders / package. Thus, for 95,000 online bidding packages in 2020, the estimated saving of administrative costs for businesses when participating in online bidding in 2020 is approximately 1,200 billion VND. In addition, online bidding also helps reduce petitions, lawsuits,
In order to achieve the above encouraging results, in 2020, the Department of Investment Management has actively and drastically implemented many solutions such as:
The first is to regularly upgrade the National Bidding Network to improve and deploy more facilities for the bid solicitor / contractor to submit registration documents directly on the System; declare database of capacities and experiences of contractors when participating in online bidding; update / supplement the function of digital signature of joint venture contractors in online bidding.
The second is to study to build webform to carry out online bidding for non-consulting service bidding packages applying the one-phase, two-envelope bidding method; regulations on the publicity of bidding documents, design documents on the System to meet practical requirements and enhance the publicity and transparency in bidding, avoiding the situation that the bid solicitors "avoid" the public and public distribution of bidding documents and related documents.
The third is to review and further complete the legal framework for online bidding in the direction of optimizing the implementation process; convenience, clarity and transparency in information disclosure; creating equal opportunities for stakeholders to access information to participate in bidding, minimizing administrative procedures, reducing costs and time for all parties involved.
Fourth, continue to promote communication about the benefits of online bidding to raise awareness of stakeholders such as authorities, investors, bid solicitors and contractors in the application online bidding.
Fifth is to strengthen the implementation of training and retraining to improve qualifications and skills of online bidding for individuals directly participating in bidding activities of investors, bid solicitors and contractors. bid.
In the following years, online bidding will certainly continue on the prescribed roadmap to meet the target by 2025, to implement online bidding for 100% of bidding packages under the regular and minimum procurement estimate. 70% of bidding packages belong to development investment projects. However, although the bidding policy is always updated and renewed, the system is newly built ..., the success of the online bidding or not depends much on the determination of the investor / bid solicitor in to bring bidding to the right of competition, fairness, transparency and efficiency criteria.
Can the director share with readers of the Bidding Newspaper about the major directions in the state management of bidding in 2021?
Based on the work program of the Ministry of Planning and Investment and assigned functions and tasks, in 2021, the Department of Planning and Investment will continue to study and draft legal documents on bidding, PPP such as: Exam Review promulgating the Law on Bidding 2013 and developing the Project of the Law amending and supplementing a number of articles of the 2013 Law on Bidding; developing a Decree amending and supplementing a number of articles of Decree No. 95/2020 / ND-CP guiding the implementation of procurement bidding under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP); developing circulars related to bidding packages governed by the CPTPP and the Vietnam - European Union Free Trade Agreement (EVFTA); to formulate a Circular guiding the implementation of the Decree detailing and guiding the implementation of the PPP Law; developing circulars on online bidding ...
In addition, in the plan, the Department of Planning and Investment is expected to preside over 5 inspections of the promulgation of guiding documents, the implementation of the bidding law and bidding in 5 units: Thai province. Binh, Ca Mau Province, Binh Thuan Province, Tuyen Quang Province, and Ministry of Health.
In addition, the Department of Planning and Investment also continued to monitor, evaluate, review and report on the implementation of bidding activities nationwide; will negotiate the content of government procurement in free trade agreements (FTA) between Vietnam and the European Free Trade Bloc (EFTA), FTA between Vietnam and Israel (VIFTA), FTA between ASEAN - Australia - New Zealand (AANZFTA); coordinating with relevant agencies and donors to implement activities related to preparing the best conditions for international integration of bidding in CPTPP, EVFTA and other FTAs ??... |
