Enhancement of the effectiveness and efficiency of the implementation of the Bidding Law 2023 of Vietnam

Enhancement of the effectiveness and efficiency of the implementation of the Bidding Law 2023 of Vietnam (Image from the internet)

Enhancement of the effectiveness and efficiency of the implementation of the Bidding Law 2023 of Vietnam

On September 4, 2024, the Ministry of Labor, Invalids and Social Affairs of Vietnam issued Official Dispatch 4106/BLDTBXH-VKHTC to implement Directive 24/CT-TTg of 2024 regarding the strengthening and enhancing effectiveness and efficiency in the implementation of the Bidding Law 2023, which includes the requirement to conduct online bidding for 100% of bidding packages through the National Bidding Network System.

The Prime Minister of the Government of Vietnam issued Directive 24/CT-TTg on July 29, 2024, regarding the strengthening and enhancing effectiveness and efficiency in the implementation of the Bidding Law (published on the electronic information portal of the Government of Vietnam). The Minister of Labor, Invalids and Social Affairs requires project investors and heads of units under and affiliated with the Ministry to diligently study and implement to enhance the effectiveness and efficiency in the implementation of the Bidding Law 2023, with a particular focus on the following contents:

- Fully implement solutions to improve the quality and efficiency of bidding activities as per the Prime Minister's Directive, ensuring transparency, efficiency, savings, and legal compliance, preventing wastefulness and budget losses.

- Assign units as public investment project investors:

+ All bidding packages before being submitted to the Ministry for approval of the contractor selection plan must be prepared, appraised, and approved for the bidding package cost estimate by the investor as prescribed in Point a, Clause 2, Article 16 of Decree 24/2024/ND-CP dated February 27, 2024, of the Government of Vietnam.

+ Enhance the application of information technology in contractor selection bidding, fully publish bidding information as prescribed, conduct online bidding for 100% of bidding packages, except for cases not required to conduct online bidding as per Clause 9, Article 97 of Decree 24/2024/ND-CP of the Government of Vietnam.

+ Strictly comply with the legal regulations on bidding, strive to speed up the organization of contractor selection compared to the maximum time prescribed (focusing on the time to evaluate bidding documents, appraise, and approve contractor selection results); tightly manage the organization of bidding, ensuring transparency, efficiency, and preventing wastefulness and losses in bidding activities.

+ Pay attention to assigning relevant staff to participate in training, workshops, and seminars... on bidding to enhance staff capacity and promptly update new knowledge and regulations on bidding.

- Assign heads of units under and affiliated with the Ministry executing procurement bidding as per the procurement estimate:

- Strictly implement solutions as per Directive 24/CT-TTg of the Prime Minister of the Government of Vietnam and directives of the Ministry in this Official Dispatch, enhance the quality of procurement bidding, rectify shortcomings, strictly implement inspection, audit, and closely handle violations as per authority or report to competent authorities for handling as prescribed.

+ Heads of healthcare, rehabilitation centers for war invalids, patients, and people with meritorious services to the revolution, social protection establishments under the Ministry, proactively research and propose solutions to overcome difficulties, rectify shortcomings and inadequacies in organizing contractor selection to ensure sufficient medicine, chemicals, testing supplies, medical equipment, and related services for healthcare and rehabilitation; responsible for shortages of medicine, chemicals, testing supplies, medical equipment, and related services.

+ Tightly manage the organization of procurement, bidding as per legal compliance; accelerate the implementation and quality of online bidding on the National Bidding Network System as per the roadmap prescribed in Decree 24/2024/ND-CP of the Government of Vietnam, timely publish all required information as per legal obligations.

- Assign the Planning and Finance Department of the Ministry of Labor, Invalids and Social Affairs:

+ Review, advise, and propose to the Ministry on regulations on contractor selection in special cases under the Minister's authority, a list of drugs for concentrated procurement at the local level; amend, supplement or issue regulations on the authority to decide on the procurement of assets, goods, and services as prescribed in Article 91 of Decree 24/2024/ND-CP of the Government of Vietnam; regulations on the decentralization and delegation of authority in contractor selection activities in line with realistic requirements and legal conformity.

+ Strengthen training, disseminate legal regulations on bidding, and supervise the contractor selection activities as per assigned functions and duties.

- Assign the Inspectorate of the Ministry, heads of agencies, units under and affiliated with the Ministry, with subordinate units, to strengthen regular inspections of bidding activities, ensuring quality and supervising the implementation of inspection and audit conclusions as per Directive 24/CT-TTg of the Prime Minister of the Government of Vietnam.

- Assign information, press, and communication agencies and units under the Ministry to intensify the dissemination and popularization of legal regulations to enhance awareness and legal compliance in bidding.

More details can be found in Official Dispatch 5400/BYT-DP dated September 12, 2024.

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