Lawmakers call for tighter safeguards in revised Bidding Law

November 06, 2026 - 21:59
Lawmakers on Friday called for tighter controls on direct contractor appointments, clearer criteria for contract price adjustments and greater transparency in bidding, stressing that stronger decentralisation must go hand in hand with accountability and fair competition.

 

Trần Anh Tuấn, a deputy from HCM City, speaks during the discussion. — VNA/VNS Photo

 

HÀ NỘI — National Assembly deputies have called for tighter controls on direct contractor appointments, greater transparency and clearer accountability as they discussed amendments to the Bidding Law on Friday.

At the ongoing second session of the 16th National Assembly, deputies said greater decentralisation in bidding decisions was needed to speed up project implementation, but must come with stronger oversight to prevent abuse and ensure fair competition.

Trần Anh Tuấn, a deputy from HCM City, warned that overly restrictive requirements in bidding documents could limit competition and prevent capable contractors from taking part.

For example, experience requirements that go beyond what is needed to fulfil a contract could unfairly exclude qualified bidders.

He proposed a mechanism to review potentially restrictive requirements before the bidding deadline, with clear procedures for handling complaints and requiring investors to revise bidding documents where necessary. Any changes should also be accompanied by an extension of the bidding deadline to give contractors enough time to prepare their bids.

Tuấn also called for clearer conditions governing direct appointments of contractors and investors, particularly when such appointments are justified by the need to speed up project implementation.

He said investors should be required to explain why competitive bidding could not meet project deadlines and provide evidence that the selected contractor or investor had the necessary capacity.

Nguyễn Văn Mạnh, a deputy from Phú Thọ, supported greater decentralisation and the removal of unnecessary administrative procedures to shorten project preparation time.

However, he warned that expanding non-competitive contractor selection without independent post-award reviews and clear, measurable criteria could create opportunities for interest groups, contract splitting and abuse of authority.

He proposed keeping open bidding as the main method of contractor selection, with exceptions clearly defined by law and subject to strict criteria on technical requirements, urgency and contract value.

Mạnh also called for all documents, negotiation records and price analyses relating to direct appointments and competitively negotiated contracts to be published on the National E-Procurement System within five working days.

Lê Thị Thanh Lam, a deputy from Cần Thơ, also warned that expanding direct appointments to urgent contracts, State-secret projects and major projects in strategic sectors could undermine competition unless the criteria were clearly defined.

She proposed requiring investors to publish direct appointment documents, package prices and awarded contract prices within 15 days of the appointment decision, except for contracts involving national defence and security secrets.

Meanwhile, Nguyễn Ngọc Sơn, a deputy from Hải Phòng, raised concerns about provisions allowing investors to adjust contract prices beyond the original bidding package estimates, as long as the changes did not exceed the total investment or approved procurement budget.

He warned that unclear rules on price adjustments could encourage contractors to submit artificially low bids to win contracts and then seek higher prices during implementation.

He proposed clearer conditions for contract price adjustments, public disclosure of all changes on the National E-Procurement System and the use of ex-factory prices as a benchmark for assessing costs.

Quality must go beyond the lowest price

Responding to deputies' concerns, Minister of Finance Ngô Văn Tuấn said the revised law would expand the methods available for selecting contractors and investors, including competitive negotiation and direct appointment, alongside competitive bidding.

Minister of Finance Ngô Văn Tuấn at the discussion. 

Addressing concerns that some contractors submit extremely low bids without giving enough consideration to quality or project deadlines, he said the draft law included provisions to give greater weight to technical criteria or combine technical and price assessments.

The aim is to select contractors capable of delivering quality projects rather than simply those offering the lowest prices.

The draft law would also promote greater use of interconnected databases among relevant agencies to provide reference prices for contractor selection.

Regarding medical equipment procurement, Tuấn said the draft included provisions to allow greater flexibility and ensure timely supplies for medical examination and treatment. The drafting agency would continue working with the Ministry of Health to review the regulations, including measures to protect suppliers' confidential pricing information.

On decentralisation, the minister stressed that greater decision-making powers must be accompanied by stronger inspection, supervision and accountability.

In 2025, Việt Nam had nearly 600,000 bidding packages, with more than 72 per cent of contractor appointments handled under decentralised authority, he said, describing the arrangement as effective.

However, he pointed to major cases involving medical equipment procurement to highlight the need to hold those involved in the bidding process accountable.

He said decision-making powers should be assigned to heads of agencies based on specific circumstances, with individuals held responsible for ensuring the effective use of State and public funds. — VNS

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