HANOI NATIONAL UNIVERSITY FACULTY OF LAW
NGUYEN DUY PHUONG
INTERNATIONAL BIDDING REGULATIONS ON PROCUREMENT OF GOODS
Major : International Law
Code : 60 38 60
MASTER'S THESIS IN LAW
Scientific supervisor : Associate Professor, Dr. Nguyen Ba Dien
Hanoi - 2006
24e. | No discrimination | 24 | ||||
Page | g. | Principle of neutrality | 24 | |||
Cover page | h. | Formal principles | 25 | |||
Promise | i. | Privacy Policy | 25 | |||
Index | 1.4.2. | ADB Principles | 25 | |||
List of abbreviations | a. | Principle of origin | 26 | |||
INTRODUCTION | 1 | b. | Principle of priority | 26 | ||
Chapter 1 : Some theoretical issues on international bidding for procurement | 5 | c. | Principle of equality | 26 | ||
goods | d. | Principle of Transparency | 26 | |||
1.1. | Concept of international bidding for procurement of goods | 5 | 1.4.3. | Principles of JIBIC | 27 | |
1.1.1. | The emergence of international bidding law | 5 | a. | Principle of access to information | 27 | |
1.1.2. | The role of international bidding | 8 | b. | Evaluation of bids based on overall efficiency | 27 | |
1.1.2.1. | For the investor (inviting bids) | 8 | c. | Facilitate contractor participation | 27 | |
1.1.2.2. | For contractors | 10 | d. | No preferential provisions for contractors | 28 | |
1.1.2.3. | For sponsors | 11 | 1.4.4. | Principles of Swedish SIDA | 28 | |
1.1.2.4. | For the beneficiary country government | 13 | a. | Open, fair, economical and efficient | 28 | |
1.2. | Classification by international bidding method for purchasing goods | 15 | b. | Ethical principles | 28 | |
chemical | c. | Right Purpose Principle | 28 | |||
1.2.1. | According to WB (IBRD, IDA) | 15 | d. | Principle of concern for common purpose | 28 | |
1.2.2. | In ADB's view | 16 | e. | Principle of confidentiality | 28 | |
1.2.3. | According to UNCITRIAL | 18 | 1.4.5. | Vietnam's Principles | 29 | |
1.2.4. | According to the view of Vietnamese law | 19 | a. | Ensuring competition in bidding | 29 | |
a. | One envelope bidding method | 20 | b. | Ensure publicity and transparency | 29 | |
b. | Two-envelope bidding method | 20 | c. | Principles of applying international bidding | 30 | |
c. | Two-stage bidding method | 20 | d. | Principle of economic efficiency target | 30 | |
1.3. | General characteristics of regulations on bidding for goods procurement | 21 | 1.5. | Distinguish between purchasing goods by international bidding and | 30 | |
international | other forms of shopping | |||||
1.3.1. | About the subject | 21 | 1.5.1. | Distinguishing bidding objects | 30 | |
1.3.2. | About the transaction object | 21 | 1.5.1.1. | Consulting services | 30 | |
1.3.3. | Terms and conditions of sale are specified in advance. | 22 | 1.5.1.2. | Construction | 31 | |
1.3.4. | Other legal conditions | 22 | 1.5.2. | Distinguishing international bidding from other forms | 31 | |
1.4. | Principles in international procurement of goods of some | 23 | a. | Domestic bidding | 31 | |
Sponsor | b. | Limited Bidding | 31 | |||
1.4.1. | WB Principles | 23 | c. | Bidding | 31 | |
a. Objectivity principle | 23 | d. | Shop online | 31 | ||
b. Principle of consistency | 23 | e. | Competitive Bidding | 32 | ||
c. Divide the bid packages appropriately | 23 | g. | Do it yourself | 32 | ||
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![Pre-tax Profit of Bidv Tien Giang in the Period 2011-2015
zt2i3t4l5ee
zt2a3gsnon-credit services, joint stock commercial bank
zt2a3ge
zc2o3n4t5e6n7ts
At that time, the Branch had to set aside a provision for credit risks, which reduced the Branchs income.
Chart 2.2. Pre-tax profit of BIDV Tien Giang in the period 2011-2015
Unit: Billion VND
140
120
100
80
60
40
20
0
63.3
80.34
89.29
110.08
131.99
2011 2012 2013 2014 2015
Profit before tax
(Source: Report on the implementation of the annual business plan of the General Planning Department of BIDV Tien Giang [24])
However, through chart 2.2, it can be seen that BIDV Tien Giangs profit is still increasing continuously, and its operating efficiency is currently leaking. This is a contribution of non-credit services, and this service segment will be increasingly focused on growth by BIDV Tien Giang to ensure the highest profit safety because credit activities have many potential risks. At the same time, focusing on developing non-credit services is consistent with one of the contents of restructuring the financial activities of credit institutions in the project Restructuring the system of credit institutions in the period 2011-2015 approved by the Prime Minister in Decision No. 254/QD-TTg dated March 1, 2012 [14]: Gradually shifting the business model of commercial banks towards reducing dependence on credit activities and increasing income from non-credit services.
2.2. Current status of non-credit service development at BIDV Tien Giang.
2.2.1. BIDV Tien Giang has deployed the development of non-credit services in recent times.
Along with the development of the Head Office, BIDV Tien Giangs products and services are constantly improved and deployed in a diverse manner to ensure provision for many different customer groups in the area: individual customers, corporate customers, and financial institutions. Typical services are as follows: Payment services, treasury services, guarantee services, card services, trade finance, other services: Western Union, insurance commissions, consulting services, foreign exchange derivatives trading, e-banking services,...
2.2.1.1. Payment services:
In accordance with the Prime Ministers Project to promote non-cash payments in Vietnam [15], banks in Tien Giang province have continuously developed payment services to reduce customers cash usage habits through card services and electronic banking services such as: salary payment through accounts, focusing on developing card acceptance points, developing multi-purpose cards, paying social insurance by transfer, paying bills through banks, etc.
Chart 2.3. Net income from payment services in the period 2011-2015
Unit: Million VND
6000
5000
4000
3000
2000
1000
0
3922 4065
4720 5084 5324
2011 2012 2013 2014 2015
Net income from payment services
(Source: Report on the implementation of the annual business plan of the General Planning Department of BIDV Tien Giang [24])
Along with the technological development of the entire system, BIDV Tien Giang has a payment system with a fairly stable transaction processing speed, bringing many conveniences to customers. The results of observing chart 2.3 show that the income from payment services that the Branch has achieved has grown over the years but the speed is not high and the products are not outstanding compared to other banks. Domestic payment products such as: Online bill payment, electricity bills, water bills, insurance premiums, cable TV bills, telecommunications fees, airline tickets, etc. bring many conveniences to customers. Regarding international payment, this is an indispensable activity for foreign economic activities, BIDV Tien Giang is providing international payment methods for small enterprises producing agriculture, aquatic food and seafood that have credit relationships with banks in industrial parks in Tien Giang province such as: money transfer, collection, L/C payment.
2.2.1.2. Treasury services:
BIDV Tien Giang always focuses on ensuring treasury safety and currency security, always complies with legal regulations, and minimizes risks in operations such as: counting and collecting money from customers, receiving and delivering internal transactions, collecting from the State Bank (SBV) or other credit institutions, receiving ATM funds, bundling money, etc. BIDV Tien Giangs treasury service management department is always fully equipped with modern machinery and equipment such as: money transport vehicles, fire prevention tools, money counters, money detectors, magnifying glasses, etc. to ensure absolute safety in treasury operations, immediately identifying real and fake money and other risks that may affect people and assets of the bank and customers. In addition, implementing regulation 2480/QC dated October 28, 2008 between the State Bank of Tien Giang province and the Provincial Police on coordination in the fight against counterfeit money, in the 3-year review of implementation, BIDV Tien Giang discovered, seized and submitted to the State Bank of Tien Giang province 475 banknotes of various denominations and was commended by the Provincial Police and the State Bank of Tien Giang province [17].
Chart 2.4. Net income from treasury services in the period 2011-2015
Unit: Million VND
350
300
250
200
150
100
50
0
105 122
309 289 279
2011 2012 2013 2014 2015
Net income from treasury services
(Source: Report on the implementation of the annual business plan of the General Planning Department of BIDV Tien Giang [24])
However, as shown in Figure 2.4, income from treasury operations is not high and fluctuates. Specifically, in the period 2011-2013, net income increased and increased most sharply in 2013, then in the period 2013-2015, there was a downward trend. This fluctuation is due to the fact that fees collected from treasury services are often very low and can even be waived to attract customers to use other services.
2.2.1.3. Guarantee and trade finance services:
BIDV Tien Giang, thanks to the advantages of the province and the favorable location of the Branch, has continuously focused on developing income from guarantee services and trade finance.
Chart 2.5. Net income from guarantee and trade finance services in the period 2011-2015
Unit: Million VND
14000
12000
10000
8000
6000
4000
2000
0
5193 5695
2742 3420
8889
3992
11604 12206
5143 5312
2011 2012 2013 2014 2015
Net income from guarantee services Net income from Trade Finance
(Source: Report on the implementation of the annual business plan of the General Planning Department of BIDV Tien Giang [24])
Through chart 2.5, we can see that BIDV Tien Giangs income from guarantee services and trade finance has grown over the years. The reason is: Among BIDV Tien Giangs corporate customers, the construction industry is the industry with the highest proportion of customers after the trading industry, this is a group of customers with potential to develop guarantee services. The second group of customers is corporate customers in the fields of agricultural production, livestock and seafood processing with high import and export turnover in the area.
are the target of trade finance development. In addition, BIDV Tien Giang also focuses on continuously developing these customer groups to increase revenue for many other products and services in the future.
2.2.1.4. Card and POS services:
As a service that BIDV Tien Giang has recently developed strongly, it can be said that this is a very potential market and has the ability to develop even more strongly in the future. Card services with outstanding advantages such as fast payment time, wide payment range, quite safe, effective and suitable for the integration trend and the Project to promote non-cash payments in Vietnam. Cards have become a modern and popular payment tool. BIDV Tien Giang early identified that developing card services is to expand the market to people in society, create capital mobilized from card-opened accounts, contribute to diversifying banking activities, enhance the image of the bank, bring the BIDV Tien Giang brand to people as quickly and easily as possible. BIDV Tien Giang is currently providing card types such as: credit cards (BIDV MasterCard Platinum, BIDV Visa Gold Precious, BIDV Visa Manchester United, BIDV Visa Classic), international debit cards (BIDV Ready Card, BIDV Manu Debit Card), domestic debit cards (BIDV Harmony Card, BIDV eTrans Card, BIDV Moving Card, BIDV-Lingo Co-branded Card, BIDV-Co.opmart Co-branded Card). These cards can be paid via POS/EDC or on the ATM system. In addition, with debit cards, customers can not only withdraw money via ATMs but also perform utilities such as mobile top-up, online payment, money transfer,... through electronic banking services.
In order to attract customers with card services, BIDV Tien Giang has continuously increased the installation of ATMs. As of December 31, 2015, BIDV Tien Giang has 23 ATMs combined with 7 ATMs in the same system of BIDV My Tho, so the number of ATMs is quite large, especially in the center of My Tho City, but is not yet fully present in the districts. Basic services on ATMs such as withdrawing money, checking balances, printing short statements,... BIDV ATMs accept cards from banks in the system.
Banknetvn and Smartlink, cards branded by international card organizations Union Pay (CUP), VISA, MasterCard and cards of banks in the Asian Payment Network. From here, cardholders can make bill payments for themselves or others at ATMs, by simply entering the subscriber number or customer code, booking code that service providers notify and make bill payments.
Chart 2.6. Net income from card services in the period 2011-2015
Unit: Million VND
3500
3000
2500
2000
1500
1000
500
0
687
1023
1547
2267
3104
2011 2012 2013 2014 2015
Net income from card services
(Source: Report on the implementation of the annual business plan of the General Planning Department of BIDV Tien Giang [24])
Through chart 2.6, it can be seen that BIDV Tien Giangs card service income is constantly growing because the Branch focuses on developing businesses operating in industrial parks, which are the source of customers for salary payment products, ATMs, BSMS. Specifically, there are companies such as Freeview, Quang Viet, Dai Thanh, which are businesses with a large number of card openings at the Branch, contributing to the increase in card service fees [25].
Table 2.6. Number of ATMs and POS machines in 2015 of some banks in Tien Giang area.
Unit: Machine
STT
Bank name
Number of ATMs
Cumulative number of ATM cards
POS machine
1
BIDV Tien Giang
23
97,095
22
2
BIDV My Tho
7
21,325
0
3
Agribank Tien Giang
29
115,743
77
4
Vietinbank Tien Giang
16
100,052
54
5
Dong A Tien Giang
26
97,536
11
6
Sacombank Tien Giang
24
88,513
27
7
Vietcombank Tien Giang
15
61,607
96
8
Vietinbank - Tay Tien Giang Branch
6
46,042
38
(Source: 2015 Banking Activity Data Report of the General and Internal Control Department of the Provincial State Bank [21])
Through table 2.6, the author finds that the number of ATMs of BIDV Tien Giang is not much, ranking fourth after Agribank Tien Giang, Dong A Tien Giang, Sacombank Tien Giang. The number of POS machines of BIDV Tien Giang is very small, only higher than Dong A Tien Giang and BIDV My Tho in the initial stages of merging the BIDV system. Besides, BIDV Tien Giang has a high number of cards increasing over the years (table 2.7) but the cumulative number of cards issued up to December 31, 2015 is still relatively low compared to Agribank, Vietcombank, Dong A (table 2.6).
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Pre-tax Profit of Bidv Tien Giang in the Period 2011-2015
zt2i3t4l5ee
zt2a3gsnon-credit services, joint stock commercial bank
zt2a3ge
zc2o3n4t5e6n7ts
At that time, the Branch had to set aside a provision for credit risks, which reduced the Branch's income.
Chart 2.2. Pre-tax profit of BIDV Tien Giang in the period 2011-2015
Unit: Billion VND
140
120
100
80
60
40
20
0
63.3
80.34
89.29
110.08
131.99
2011 2012 2013 2014 2015
Profit before tax
(Source: Report on the implementation of the annual business plan of the General Planning Department of BIDV Tien Giang [24])
However, through chart 2.2, it can be seen that BIDV Tien Giang's profit is still increasing continuously, and its operating efficiency is currently leaking. This is a contribution of non-credit services, and this service segment will be increasingly focused on growth by BIDV Tien Giang to ensure the highest profit safety because credit activities have many potential risks. At the same time, focusing on developing non-credit services is consistent with one of the contents of restructuring the financial activities of credit institutions in the project "Restructuring the system of credit institutions in the period 2011-2015" approved by the Prime Minister in Decision No. 254/QD-TTg dated March 1, 2012 [14]: "Gradually shifting the business model of commercial banks towards reducing dependence on credit activities and increasing income from non-credit services".
2.2. Current status of non-credit service development at BIDV Tien Giang.
2.2.1. BIDV Tien Giang has deployed the development of non-credit services in recent times.
Along with the development of the Head Office, BIDV Tien Giang's products and services are constantly improved and deployed in a diverse manner to ensure provision for many different customer groups in the area: individual customers, corporate customers, and financial institutions. Typical services are as follows: Payment services, treasury services, guarantee services, card services, trade finance, other services: Western Union, insurance commissions, consulting services, foreign exchange derivatives trading, e-banking services,...
2.2.1.1. Payment services:
In accordance with the Prime Minister's Project to promote non-cash payments in Vietnam [15], banks in Tien Giang province have continuously developed payment services to reduce customers' cash usage habits through card services and electronic banking services such as: salary payment through accounts, focusing on developing card acceptance points, developing multi-purpose cards, paying social insurance by transfer, paying bills through banks, etc.
Chart 2.3. Net income from payment services in the period 2011-2015
Unit: Million VND
6000
5000
4000
3000
2000
1000
0
3922 4065
4720 5084 5324
2011 2012 2013 2014 2015
Net income from payment services
(Source: Report on the implementation of the annual business plan of the General Planning Department of BIDV Tien Giang [24])
Along with the technological development of the entire system, BIDV Tien Giang has a payment system with a fairly stable transaction processing speed, bringing many conveniences to customers. The results of observing chart 2.3 show that the income from payment services that the Branch has achieved has grown over the years but the speed is not high and the products are not outstanding compared to other banks. Domestic payment products such as: Online bill payment, electricity bills, water bills, insurance premiums, cable TV bills, telecommunications fees, airline tickets, etc. bring many conveniences to customers. Regarding international payment, this is an indispensable activity for foreign economic activities, BIDV Tien Giang is providing international payment methods for small enterprises producing agriculture, aquatic food and seafood that have credit relationships with banks in industrial parks in Tien Giang province such as: money transfer, collection, L/C payment.
2.2.1.2. Treasury services:
BIDV Tien Giang always focuses on ensuring treasury safety and currency security, always complies with legal regulations, and minimizes risks in operations such as: counting and collecting money from customers, receiving and delivering internal transactions, collecting from the State Bank (SBV) or other credit institutions, receiving ATM funds, bundling money, etc. BIDV Tien Giang's treasury service management department is always fully equipped with modern machinery and equipment such as: money transport vehicles, fire prevention tools, money counters, money detectors, magnifying glasses, etc. to ensure absolute safety in treasury operations, immediately identifying real and fake money and other risks that may affect people and assets of the bank and customers. In addition, implementing regulation 2480/QC dated October 28, 2008 between the State Bank of Tien Giang province and the Provincial Police on coordination in the fight against counterfeit money, in the 3-year review of implementation, BIDV Tien Giang discovered, seized and submitted to the State Bank of Tien Giang province 475 banknotes of various denominations and was commended by the Provincial Police and the State Bank of Tien Giang province [17].
Chart 2.4. Net income from treasury services in the period 2011-2015
Unit: Million VND
350
300
250
200
150
100
50
0
105 122
309 289 279
2011 2012 2013 2014 2015
Net income from treasury services
(Source: Report on the implementation of the annual business plan of the General Planning Department of BIDV Tien Giang [24])
However, as shown in Figure 2.4, income from treasury operations is not high and fluctuates. Specifically, in the period 2011-2013, net income increased and increased most sharply in 2013, then in the period 2013-2015, there was a downward trend. This fluctuation is due to the fact that fees collected from treasury services are often very low and can even be waived to attract customers to use other services.
2.2.1.3. Guarantee and trade finance services:
BIDV Tien Giang, thanks to the advantages of the province and the favorable location of the Branch, has continuously focused on developing income from guarantee services and trade finance.
Chart 2.5. Net income from guarantee and trade finance services in the period 2011-2015
Unit: Million VND
14000
12000
10000
8000
6000
4000
2000
0
5193 5695
2742 3420
8889
3992
11604 12206
5143 5312
2011 2012 2013 2014 2015
Net income from guarantee services Net income from Trade Finance
(Source: Report on the implementation of the annual business plan of the General Planning Department of BIDV Tien Giang [24])
Through chart 2.5, we can see that BIDV Tien Giang's income from guarantee services and trade finance has grown over the years. The reason is: Among BIDV Tien Giang's corporate customers, the construction industry is the industry with the highest proportion of customers after the trading industry, this is a group of customers with potential to develop guarantee services. The second group of customers is corporate customers in the fields of agricultural production, livestock and seafood processing with high import and export turnover in the area.
are the target of trade finance development. In addition, BIDV Tien Giang also focuses on continuously developing these customer groups to increase revenue for many other products and services in the future.
2.2.1.4. Card and POS services:
As a service that BIDV Tien Giang has recently developed strongly, it can be said that this is a very potential market and has the ability to develop even more strongly in the future. Card services with outstanding advantages such as fast payment time, wide payment range, quite safe, effective and suitable for the integration trend and the Project to promote non-cash payments in Vietnam. Cards have become a modern and popular payment tool. BIDV Tien Giang early identified that developing card services is to expand the market to people in society, create capital mobilized from card-opened accounts, contribute to diversifying banking activities, enhance the image of the bank, bring the BIDV Tien Giang brand to people as quickly and easily as possible. BIDV Tien Giang is currently providing card types such as: credit cards (BIDV MasterCard Platinum, BIDV Visa Gold Precious, BIDV Visa Manchester United, BIDV Visa Classic), international debit cards (BIDV Ready Card, BIDV Manu Debit Card), domestic debit cards (BIDV Harmony Card, BIDV eTrans Card, BIDV Moving Card, BIDV-Lingo Co-branded Card, BIDV-Co.opmart Co-branded Card). These cards can be paid via POS/EDC or on the ATM system. In addition, with debit cards, customers can not only withdraw money via ATMs but also perform utilities such as mobile top-up, online payment, money transfer,... through electronic banking services.
In order to attract customers with card services, BIDV Tien Giang has continuously increased the installation of ATMs. As of December 31, 2015, BIDV Tien Giang has 23 ATMs combined with 7 ATMs in the same system of BIDV My Tho, so the number of ATMs is quite large, especially in the center of My Tho City, but is not yet fully present in the districts. Basic services on ATMs such as withdrawing money, checking balances, printing short statements,... BIDV ATMs accept cards from banks in the system.
Banknetvn and Smartlink, cards branded by international card organizations Union Pay (CUP), VISA, MasterCard and cards of banks in the Asian Payment Network. From here, cardholders can make bill payments for themselves or others at ATMs, by simply entering the subscriber number or customer code, booking code that service providers notify and make bill payments.
Chart 2.6. Net income from card services in the period 2011-2015
Unit: Million VND
3500
3000
2500
2000
1500
1000
500
0
687
1023
1547
2267
3104
2011 2012 2013 2014 2015
Net income from card services
(Source: Report on the implementation of the annual business plan of the General Planning Department of BIDV Tien Giang [24])
Through chart 2.6, it can be seen that BIDV Tien Giang's card service income is constantly growing because the Branch focuses on developing businesses operating in industrial parks, which are the source of customers for salary payment products, ATMs, BSMS. Specifically, there are companies such as Freeview, Quang Viet, Dai Thanh, which are businesses with a large number of card openings at the Branch, contributing to the increase in card service fees [25].
Table 2.6. Number of ATMs and POS machines in 2015 of some banks in Tien Giang area.
Unit: Machine
STT
Bank name
Number of ATMs
Cumulative number of ATM cards
POS machine
1
BIDV Tien Giang
23
97,095
22
2
BIDV My Tho
7
21,325
0
3
Agribank Tien Giang
29
115,743
77
4
Vietinbank Tien Giang
16
100,052
54
5
Dong A Tien Giang
26
97,536
11
6
Sacombank Tien Giang
24
88,513
27
7
Vietcombank Tien Giang
15
61,607
96
8
Vietinbank - Tay Tien Giang Branch
6
46,042
38
(Source: 2015 Banking Activity Data Report of the General and Internal Control Department of the Provincial State Bank [21])
Through table 2.6, the author finds that the number of ATMs of BIDV Tien Giang is not much, ranking fourth after Agribank Tien Giang, Dong A Tien Giang, Sacombank Tien Giang. The number of POS machines of BIDV Tien Giang is very small, only higher than Dong A Tien Giang and BIDV My Tho in the initial stages of merging the BIDV system. Besides, BIDV Tien Giang has a high number of cards increasing over the years (table 2.7) but the cumulative number of cards issued up to December 31, 2015 is still relatively low compared to Agribank, Vietcombank, Dong A (table 2.6).
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TABLE OF CONTENTS OF THE THESIS d. Appropriate and public announcement
2.1.1.1. System of legal documents before the 2005 Law on Bidding 38
2.1.1.2. System of legal documents guiding and implementing the Law on Bidding 40
2005
h. Contract 76
h. Selection of contractors in special cases | 32 | 2.2.3. | According to JBIC regulations | 65 | ||
1.6. | Legal basis for international bidding of a financial institution, house | 32 | a. | Bidding form | 65 | |
international sponsorship | b. | Advertisement, tender information | 65 | |||
1.6.1. | UNCITRAL Regulations | 32 | c. | Bid Evaluation | 66 | |
1.6.2. | WB regulations | 33 | d. | About the bidding method | 66 | |
1.6.3. | ADB Regulations | 34 | e. | Some key differences | 66 | |
1.6.4. | WTO regulations | 36 | 2.2.4. | Compare with Vietnam regulations | 67 | |
Chapter 2 : Basic content Regulations on procurement bidding | 38 | a. | Form and method of bidding | 67 | ||
international goods today | b. | Bidding documents | 72 | |||
2.1. | Overview of general provisions of Vietnamese law on | 38 | c. | Preferential conditions in international bidding | 73 | |
Bidding | d. | Bidding information | 74 | |||
2.1.1. | The system of Vietnamese legal documents regulates international bidding. | 38 | e. | Online bidding | 64 | |
economy | g. | Bid evaluation criteria | 74 |
2.3. Comparison with the management monitoring process of WB donors, 77
ADB, SIDA with Vietnam
2.1.1.3. Basic contents of the 2005 Law on Bidding 41
2.1.1.4. Relationship with other laws 48
2.1.2. Research on regulations on international bidding for goods procurement in 50 countries.
some countries
2.1.2.1. Chinese Bidding Regulations 50
2.1.2.2. Korean Bidding Regulations 51
2.1.2.3. Polish Bidding Regulations 51
2.2. Basic content of Vietnam's regulations compared with other 52
International sponsors such as WB, ADB, FIDIC...
2.2.1. WB Regulations 52
a. Select the bidding method52 | |
b. Bidding documents | 52 |
c. Posting of tender notices | 53 |
d. Incentives for domestic contractors | 54 |
e. Method of evaluating bidding documents | 54 |
a. | Form and method of bidding | 56 |
b. | Bidding documents | 62 |
c. | Bid evaluation method | 63 |
d. | Bid evaluation process | 63 |
e. | Domestic Contractor Incentives | 64 |
g. | Some other regulations in the bidding instructions | 64 |
2.2.2. According to ADB regulations 55
2.3.1. Bidding procedures according to Vietnam's regulations 77
2.3.2. Comparison of regulations on management, supervision and control 77
a. About the legal system 77
b. On management decentralization 78
c. On guidance on implementing policies and laws 81
d. Check, resolve complaints, handle violations and report 82
e. On approval and reporting 83
Chapter 3 : Implementation status and some solutions to improve 88
Law on international bidding for procurement of goods in Vietnam
3.1. Current status of bidding law enforcement in Vietnam 88
3.1.1. Practical application of Bidding Law 88
3.1.1.1. On laws, policies and mechanisms 88
3.1.1.2. About expertise 89
3.1.1.3. On the level of compliance with international donor regulations 89
3.1.2. Problems and difficulties 91
3.1.2.1. About the law 91
3.1.2.2. On the mechanism of decentralized management of procurement bidding 92
3.1.2.3. About policy 94
3.1.2.4. Problems due to lack of transparency 95
3.1.2.5. Restrictions due to unfair competition 96
3.1.2.6. On expertise and management 97
Common problems in international bidding99 | LIST OF REFERENCES | 143 | ||
shopping | APPENDIX | 147 | ||
3.2.1. | About the contractor | 99 | ||
3.2.2. | Social issues | 101 | ||
3.2.3. | On awareness and organization of international bidding | 101 | ||
3.2.4. | About bidding management | 103 | ||
3.2.5. | About bidding policy | 104 | ||
3.3. | Current status of applying international bidding for goods procurement in a | 105 | ||
number of countries | ||||
3.3.1. | Current status of implementation of Bidding Law in China | 105 | ||
3.3.2. | Current status of implementation of Korean Bidding Law | 108 | ||
3.2.3. | The current state of law enforcement on tenders in Poland | 109 | ||
3.4. | Perfecting current bidding laws | 112 | ||
3.4.1. | The urgency of having a complete bidding law system | 112 | ||
3.4.2. | Goal of completion | 113 | ||
3.4.3. | Solutions to improve some specific contents of the 2005 Bidding Law | 114 | ||
3.4.3.1. | General view section | 114 | ||
a. | Comments, general solutions on the structure of the law | 114 | ||
b. | Comments, general solutions on content | 116 | ||
3.4.3.2. | Comments and solutions to amend some specific articles | 118 | ||
a. | Regarding transparency in bidding | 118 | ||
b. | About contractor selection | 119 | ||
c. | On the form of open bidding in Article 18 | 120 | ||
d. | About the criteria for evaluating bidding documents | 121 | ||
e. | About contractor ranking | 122 | ||
g. | Chapter III provides for contracts. | 123 | ||
h. | In Article 54, on signing contracts | 124 | ||
3.5. | Solutions and proposals to improve international procurement management | 124 | ||
purchase goods | ||||
3.5.1. | Complete legal documents on bidding | 124 | ||
3.5.2. | Administrative reform on bidding | 127 | ||
3.5.3. | Human resource training | 129 | ||
3.5.4. | Harmonization of bidding regulations of international financial institutions | 131 | ||
in accordance with the regulations of the Government of Vietnam | ||||
3.5.4.1. | Total solution | 131 | ||
3.5.4.2. | Specific issues | 133 | ||
CONCLUDE | 140 |
3.2.
INTRODUCTION
1. Urgency of the topic
In Vietnam, since the transition to a market economy, legal documents on bidding in general and international bidding for goods procurement in particular have just begun to be issued. The goal at that time was to use capital owned by the people or from foreign loan agreements most effectively. In which, the goal of transparency is one of the most important factors, avoiding violations by investors - those who are assigned the responsibility of spending people's money.
The spirit of the 10th Party Congress also emphasized in the platform the activities of strengthening, proactively integrating and attracting investment from foreign organizations, investors and sponsors to "soon bring our country out of the state of underdevelopment, creating a foundation for our country to become a modern industrialized country by 2020" [22].
International organizations such as the World Bank (WB), Asian Development Bank (ADB), Organization of Economically Developed Countries (OECD), Japan Bank for International Cooperation (JBIC), United Nations Commission on International Trade Law (UNCITRAL) Model Law on Public Procurement, etc. all have their own procurement regulations and guidelines, aiming to spend their investment capital most effectively, while ensuring that contractors from member countries are treated equally and fairly.
In bidding, the buyer always wants to have what he needs at the cheapest price. The seller (contractors) always wants to sell what he has quickly with the highest profit. However, to achieve that goal, the buyer must create rules of the game to ensure fairness and transparency in order to attract capable contractors to participate in providing goods and services for him. In fact, in recent times, although there has been much progress in bidding and procurement,
Many international goods procurement packages have encountered difficulties right from the planning stage, international competitive bidding, selection of international contractors, to the disbursement stage due to lack of understanding of Vietnam's regulations as well as regulations of international lending and capital aid organizations, causing budget losses, wasting preferential loans and reducing Vietnam's reputation in attracting foreign investment in general.
In fact, after more than 10 years of implementation, the Bidding Regulations, issued together with Decree No. 43/CP dated July 16, 1996, have brought about many economic benefits but also have limitations. To understand this issue, it is necessary to specifically analyze the relevant provisions that are inconsistent, thereby finding solutions to promote the current international bidding activities in our country so that international bidding activities become public, transparent, and gain high trust from credit institutions and international sponsors, in order to attract more and more preferential capital in the coming time, while avoiding loss and waste, enhancing international integration and comprehensive international cooperation, effectively promoting Vietnam's comparative advantages when it has become an official member of the World Trade Organization (WTO).
2. Research situation
There have been many research works and articles on international bidding regulations for the procurement of goods in recent times. However, most of the studies only focus on theory and are scattered without providing specific solutions and situations to perfect the law on international bidding for the procurement of goods in the relationship between the regulations of Vietnam and international organizations. This thesis would like to approach a small but most frequently encountered aspect in bidding work through international and domestic regulations on international bidding for the procurement of goods.
In addition, there have been many changes in the policies of both Vietnam and international organizations related to regulations on international goods procurement and bidding. Therefore, the thesis also updates and discovers new points,
new regulations and comments to clearly see the nature of procurement bidding at the present time. At the same time, the thesis also proposes specific solutions to harmonize bidding regulations between Vietnamese law and relevant international law.
3. Purpose and tasks of the thesis
General research on the theoretical basis of the international goods procurement bidding regulations; basic principles and practical application of current bidding regulations in Vietnam and internationally; systematic analysis of domestic and international legal regulations on assessing existing problems and difficulties in bidding, on that basis, proposing solutions to effectively implement and harmonize legal regulations on domestic and international bidding regulations.
4. Research object and scope
The thesis focuses on in-depth research on regulations on international goods procurement bidding based on the practical activities of international goods procurement bidding in a number of group A projects that the author himself has implemented at the Ministry of Health.
5. Scientific basis of the topic
- Theoretical basis : The thesis is based on the methodology of historical materialism and Marxist dialectical materialism; Ho Chi Minh's thought; the viewpoints and policies of the Party and State on building a rule-of-law state and international integration policy.
- Scientific basis : Based on synthesis, analysis, comparison, and induction methods to draw the most correct conclusions.
- Practical basis : Actual procurement and bidding of equipment in some Group A projects of the Ministry of Health and in some countries.
6. Research methods
The thesis uses research methods: History, statistics, synthesis, analysis, comparison, contrast, discussion with experts, induction to draw the most correct conclusions.
7. New points of the topic
- Research and analyze specific international bidding laws systematically based on theoretical and practical overviews to clearly see the process prescribed by law.
- Study good experiences of some countries to apply to the management of ODA loan projects or non-refundable aid in Vietnam in the coming time.
- Propose some solutions to improve and harmonize the international bidding regulations of Vietnam and international organizations from many perspectives.
- Proposal to improve the 2005 Law on Bidding.
8. Structure of the thesis
In addition to the introduction, conclusion and list of references, the content of the thesis includes 3 chapters:
Chapter 1 : Some theoretical issues on international bidding for goods procurement.
Chapter 2 : Basic content of current regulations on international goods procurement bidding
Chapter 3 : Current situation and some solutions to improve the law on international bidding for goods procurement in Vietnam