Commenting on the Draft Decree detailing a number of articles of the Law on Defense Industry, Security and Industrial Mobilization at the request of the Ministry of National Defense, the Vietnam Federation of Commerce and Industry (VCCI) focused on a number of important contents.

VCCI comments on the Draft Decree detailing a number of articles of the Law on National Defense and Security Industry and Industrial Mobilization. Photo: Manh Ha

According to VCCI, Article 16.1 of the Draft stipulates the procedures for participating in defense and security industry activities of the mobilization unit. However, this provision is not consistent with the bidding law. The fields in Article 16.1 of the Draft will select contractors by the form of designated bidding, while the bidding law (Article 43 of the Bidding Law, Articles 76-78 of Decree 24/2024/ND-CP) has specific provisions on the designated bidding process. Therefore, VCCI believes that the drafting agency should remove this provision and apply the reference to the bidding law.

Regarding general conditions for establishments mobilized to participate in defense and security industry activities. Article 4 of the Draft stipulates general conditions applicable to establishments mobilized to participate in defense and security industry activities. However, according to VCCI, these regulations are still general and unclear about: What are the appropriate facilities, personnel, and equipment; What are the requirements for the organizational and management system; What are the appropriate qualifications and experience; What is considered financial capacity?

Because these contents have actually been specifically and detailedly regulated in Articles 5 - 15 of the Draft, along with the requirements for supporting documents. At that time, the regulation in Article 4 seems unnecessary because there are detailed regulations for each field. Therefore, VCCI recommends that the drafting agency remove this regulation.

Also according to VCCI, Article 31 of the Draft stipulates the conditions for becoming another component of the defense industry complex. However, the drafting agency clarified some contents related to the condition of "meeting the conditions for participating in defense and security industry activities as prescribed in Chapter II of the Decree" and the condition of "having sufficient capacity to sign contracts, joint ventures, and associations".