Le Van Tang, head of the Ministry of Planning and Investment's Bidding Management Department, spoke with Thoi bao Kinh te Viet Nam (Vietnam Economic Times) newspaper on the revised Bidding Law.
How will the revised Bidding Law resolve overlaps with the Construction Law?
In the existing laws, both laws talk about the selection of contractors. More recently the government has issued a Decree guiding the implementation of the Bidding Law and the selection of contractors.
Under the Decree, the upcoming revised Construction Law will no longer regulate technical matters in the bidding process, procedures and dossiers or bid evaluation. It means that in the new Construction Law, criteria for evaluating and selecting contractors will differ from those prescribed in the Bidding Law.
What are the breakthroughs in the proposed new Bidding Law?
The law will contain four new contents. They are as follows:
First, there will be a separate chapter on the selection of investors in the Public-Private Partnership projects.
Second, there will be a separate chapter focusing on online procurement. The objective of the online procurement is to ensure information disclosure and to simplify the bidding procedures. This is totally in line with the country's commitment to fight corruption and to increase the effectiveness, efficiency and transparency of public procurement systems.
Third, the new law will introduce several options to evaluate the bidding dossiers for the bidding organisers to select, particularly the packages on constancy and construction works.
And finally, under the new legislation, all foreign bidders are welcome to take part in international bidding in Viet Nam. However, it is required that the foreign contractors work in partnership with a Vietnamese company or sign a sub-contract with a local company. Furthermore, foreign contractors are only allowed to employ foreign workers when there are no qualified Vietnamese workers available for the projects.
Do you think the revised Bidding Law will level the playing field for all participating bidders?
I'm confident it will. The new law devotes a chapter on e-procurement and legislative requirements on information disclosure as well as transparency throughout the procurement process and project implementation.
The law also deals with the imposition of sanctions on violations or acts of prohibition. Any organisation or individual violating the law will be exposed in the mass media. — VNS