On the afternoon of November 29, the National Assembly passed the Law amending and supplementing a number of articles of the Law on Planning, the Law on Investment, the Law on Investment under the public-private partnership (PPP) model, and the Law on Bidding with a majority of votes in favor.
According to Mr. Vu Hong Thanh, Chairman of the National Assembly's Economic Committee, after being received and revised, the draft Law has amended and supplemented 119 articles, clauses and 3 Appendices of 4 Laws; added 1 new article and removed 1 article compared to the draft Law submitted to the National Assembly at the 8th Session. Thoroughly implementing the spirit of innovation in law-making, up to now, the draft Law has been reviewed and revised to basically remove specific and detailed provisions under the authority of the Government, facilitating decentralization and delegation of power, meeting the requirements of administrative reform and ensuring compliance with reality.
Regarding the amendment and supplementation of a number of articles of the Law on Planning, taking into account the opinions of National Assembly deputies, the draft Law has been revised and supplemented with the basis for adjusting the planning according to the simplified procedures in the case of "Implementing Resolutions of the National Assembly, the National Assembly Standing Committee or the Government on ensuring national defense and security"; at the same time, the content of the regulation "Implementing Resolutions of the National Assembly, the National Assembly Standing Committee, the Government or Resolutions of the Provincial People's Councils changes the implementation period, parameters, and information of works and projects determined in the planning" into the transitional provisions to have a basis for resolving difficulties for planning approved before the effective date of this Law.
Regarding the amendment and supplementation of a number of articles of the Investment Law, some National Assembly deputies expressed difficulties in implementing the regulations on assessing the conformity of investment projects with types of planning in current laws, due to the lack of specific guidance. Regarding the above issue, Mr. Thanh said: The National Assembly Standing Committee believes that the draft Law submitted by the Government to the National Assembly has been amended and clarified on the assessment of conformity with urban planning, but has not thoroughly resolved the difficulties with national planning, regional planning, provincial planning, and rural planning. To remove the difficulties, the draft Law has been revised in the direction of allowing the assessment of the conformity of projects with relevant planning, avoiding the understanding that the conformity of projects with all types of planning must be assessed. In order for this regulation to be feasible and avoid difficulties in practice, it is recommended that the Government promptly issue detailed guidance documents on this content, ensuring consistency and effectiveness in law enforcement.
Regarding the amendment and supplementation of a number of articles of the PPP Law, according to Mr. Thanh regarding the BT contract mechanism, the National Assembly Standing Committee believes that currently, BT contracts have been piloted in a number of localities with different regulations on the field, scale of the project and payment methods, but have not been fully and thoroughly summarized and evaluated. Therefore, there is currently not enough basis to legalize the regulations on the mechanism, order and procedures of BT contracts in the draft Law. In order to create a legal basis for implementing the BT contract mechanism, and to absorb the opinions of National Assembly deputies, the draft Law is revised in the direction of removing the entire content of Article 45a; only stipulating in the Law the basic principles on the payment mechanism for investors for 3 forms, including: payment by land fund, payment by state budget and no payment required. At the same time, a provision is added to assign the Government to specify the BT contract mechanism in detail for the above payment forms.
Regarding the amendment and supplementation of a number of articles of the Law on Bidding, related to the application of the Law on Bidding to projects using ODA loans and preferential loans, the Standing Committee of the National Assembly believes that the provision in Clause 5, Article 3 of the Law on Bidding, requiring submission to the Standing Committee of the National Assembly before negotiating and signing international treaties and loan agreements with provisions on bidding that are different or not yet stipulated in the Law, will prolong the negotiation and signing process, create additional administrative procedures, and affect the progress of project implementation.
To resolve the problem and incorporate the opinions of National Assembly deputies, the draft Law transfers this authority from the National Assembly Standing Committee to the Government, facilitating capital mobilization, in line with the practice in the process of negotiating and signing international treaties and loan agreements. This provision also helps resolve problems related to domestic bidding, international bidding, and restricted bidding according to the binding regulations of the donor.
Regarding the selection of contractors and investors in special cases, taking into account the opinions of National Assembly deputies, Mr. Thanh said that the draft Law has been revised to increase the limit on designated bidding from 100 million to 300 million VND for bidding packages under the procurement budget that do not form a project, and at the same time does not distinguish between the limit on designated bidding between bidding packages using regular expenditure capital and public investment capital; adds the case of designated bidding for bidding packages of archaeological excavation, restoration of national relics, special national relics and world cultural heritage; amends the regulations on ensuring competition between participating contractors and consulting contractors in the same bidding package for bidding packages belonging to state-owned economic groups, parent companies and subsidiaries; applies the one-stage, two-envelope method for bidding packages with high technical and high-tech requirements; allows public health facilities to decide on the procurement of drugs, medical equipment and service vaccines.
Source: https://daidoanket.vn/cho-phep-co-so-y-te-cong-lap-tu-quyet-dinh-mua-sam-thuoc-thiet-bi-y-te-10295535.html
Comment (0)