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Official Gazette

Thursday, December 1, 2022

Bidding Law to be amended for facilitation of Vietnamese goods development

Updated: 18:47’ - 03/01/2022
The Ministry of Planning and Investment (MPI) has proposed amending the 2013 Bidding Law toward promoting domestic production and procurement of innovative products, particularly green public procurement, and improving the effectiveness and efficiency of state administration of bidding.

Accordingly, the MPI suggests providing incentives for micro- and small-sized enterprises and domestically produced goods, prioritizing the use of innovative products and domestically produced goods as substitutes for imported goods. Startup businesses or businesses with innovative products would be encouraged to participate in the public procurement market. Meanwhile, contractors offering goods with a high localization rate would be preferred.

The draft law also adds specific regulations on methods of determination of preferences and incentives for innovative goods compared to imported goods or low-localized goods. The procedures for procurement of innovative products as well as conditions on capacity and experience of contractors producing or supplying innovative products would also be specified.

As for green public procurement, the draft law requires project owners to consider and impose requirements on procurement of eco-friendly, low-emission and energy-efficient products and services.

Another noteworthy point is the revision of the process of contractor selection in the direction of allowing project owners to approve bidding dossiers or dossiers of requirements and select contractors before their projects are approved. Such move is expected to help reduce project implementation time and speed up capital disbursement.

Intermediate steps in the bidding process such as appraisal of bidding documents, dossiers of requirements, contractor selection plans, and contractor ranking lists would be removed. Meanwhile, bidding principles would be added so as to suit international practices. In addition, project owners would be empowered to approve contractor selection plans, instead of competent persons as currently.

The MPI proposes maximizing the implementation of bidding procedures on the Vietnam National E-Procurement System. For example, such procedures as declaration of contractors’ and investors’ capacity and experience, appraisal and approval of dossiers; payment of bid security, automated evaluation of bid dossiers; and online conclusion and management of contracts, would be carried out on the system. Lists of suppliers and lists of goods, enclosed with conditions and terms on technical properties, goods delivery, maintenance and warranty would also be publicized on the network so as to serve as a basis for state agencies to conduct negotiation and sign contracts with suppliers without having to proceed with bidding procedures, thus saving time and improve efficiency of public procurement activities.- (VLLF)

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