Law on Bidding 2023: Remove many bottlenecks, create progress in bidding activities

The Law on Bidding 2023, passed by the XV National Assembly at its 5th session and taking effect from January 1, 2024, will serve as an important legal basis for improving the autonomy and self-responsibility of agencies and organizations. organizations and enterprises in the selection of contractors. The Law has many important amendments, removing bottlenecks in bidding in many fields, especially the health sector, meeting the goal of improving the efficiency of state management.

Solving bidding problems in the medical field

According to Deputy Minister of Planning and Investment Tran Quoc Phuong, the Bidding Law 2023 will solve difficulties and obstacles in bidding for drugs, chemicals, testing supplies and medical equipment. The Bidding Law 2023 has dedicated a Chapter on bidding in the medical field, which is the highlight of the Law on Bidding 2023, ensuring 3 major issues to remove obstacles in the procurement of drugs, equipment and medical supplies. economy today.

According to the analysis of Deputy Minister Tran Quoc Phuong, specifically, the Law will strengthen the autonomy and self-responsibility of public health facilities in deciding on the procurement of drugs and medical equipment. Assign public health facilities to decide on the purchase of drugs outside the list of drugs covered by health insurance, purchase vaccines for vaccination in the form of services. The Law allows public health facilities to decide to select contractors to perform procurement packages from borrowed capital, except for investment credit capital from the State, on-loan capital from ODA, and concessional loans from donors. foreign aid. Second, the Law facilitates the purchase of drugs and medical equipment with specific characteristics and suitable for professional activities of the health sector. Specifically, it is allowed to appoint contractors to buy drugs and medical equipment in case of emergency for patients or to maintain the operation of medical examination and treatment establishments in urgent cases, to avoid endangering lives. people's health. The law applies to centralized procurement for rare drugs with limited use. Allows bidding documents to state the origin of medical equipment from a specific group of countries in order to purchase equipment of good quality. Allow negotiation to be applied to bidding packages for purchase of original brand-name drugs and reference biological products; Bidding packages for purchasing drugs, medical equipment and testing supplies have only 1 or 2 manufacturers. Third, to solve problems in bidding for the purchase of drugs, equipment and medical supplies that have arisen in the past time, such as: supplementing regulations to thoroughly solve problems in the purchase of chemicals and other medical supplies. as required, the contractor must provide medical equipment to use that chemical, ie the model of “order machine, borrow machine”.

In addition, the Law has completed regulations on preferential treatment for domestically produced drugs in the direction of both ensuring the rights of patients in accessing good quality drugs and encouraging enterprises to invest in technological lines and raw materials. to produce drugs of good quality, meeting advanced standards. Regulations on payment of expenses for purchasing drugs, chemicals, testing supplies and medical equipment from the health insurance fund for private medical examination and treatment establishments.

Limit the situation of "installing" evaluation criteria

Also according to Deputy Minister Tran Quoc Phuong, the Bidding Law 2023 will minimize the situation of "installing" evaluation criteria, because the law already has provisions to improve the agency's autonomy and self-responsibility. organizations and enterprises in the selection of contractors on the basis of ensuring publicity, transparency, economic efficiency and accountability for procurement activities using capital sources for production and business of state enterprises. water, activities of selecting contractors to provide petroleum services, goods serving oil and gas activities under oil and gas contracts and a number of other specific procurement activities.

Specifically, Deputy Minister Tran Quoc Phuong pointed out that, with the form of contractor selection, the Supplementary Law is applied in some cases to appoint contractors to speed up the implementation of a number of large, important and urgent projects. and some other special shopping cases. Decentralize the Minister, Chairman of the Provincial People's Committee to decide to apply the form of contractor selection in special cases. The Prime Minister shall only decide for bidding packages with requirements to ensure national defense and security. At the same time, legalize the provisions in Decision No. 17/QD - TTg of the Prime Minister on the application of the form of contractor selection in special cases and at the same time legislate the regulations on the current limit of contractor appointment. stipulated in Decree No. 63/2014/ND-CP of the Government.

In addition, the Law stipulates to reform and simplify the bidding process in the direction of promoting online bidding, in order to enhance publicity and transparency, and prevent acts of collusion and fraud. fraud in bidding. Cut off some appraisal and approval procedures at the intermediary level, and supplement regulations allowing some bidding activities to be carried out in advance. Only specifying the minimum time for contractors and investors to prepare bids and clarify bids; prescribe the maximum time for competent persons, investors and bid solicitors to post information in bidding; Supplementing regulations on connection and sharing of information between the bidding network system.