2002年-世界发展银行全球_Vietnam_-_Country_Procurement_Assessment_Report___Transforming_Public_Procurement_158页_1mb

Vietnam Country Procurement Assessment Report Summary

Core Content

This document is a Country Procurement Assessment Report (CPAR) prepared by the World Bank in October 2002, evaluating Vietnam's public procurement system and identifying areas for improvement. It outlines the progress made since the early 1990s, the current legal and institutional framework, and provides recommendations for reforming the system to align with international standards and best practices.

Main Viewpoints

• Public Procurement as a Governance Indicator: Effective public procurement is a key component of good governance, contributing to transparency, efficiency, and reduced corruption.
• Progress in Procurement Reforms: Vietnam has made significant strides in establishing a modern procurement framework, especially since 1996, with the adoption of open competitive bidding and the creation of institutional mechanisms.
• Challenges Remain: Despite progress, Vietnam's procurement system still lacks clarity, transparency, and efficiency, with overlapping laws and regulations, subjective evaluation systems, and limited enforcement of anti-corruption measures.
• Need for Alignment with International Standards: The system should be aligned with internationally accepted practices such as ICB (International Competitive Bidding) and NCB (National Competitive Bidding), and should reduce the use of less competitive methods.

Key Information

Legal and Regulatory Framework

• Existing Laws: Public procurement in Vietnam is governed by a mix of decrees, circulars, and decisions, including Decree 88/1999/ND-CP and Decree 14/2000/ND-CP.
• Conflicts and Overlaps: The current legal instruments often conflict or overlap, leading to confusion. The Commercial Law (1997) also includes provisions on bidding, which conflict with the proposed Procurement Ordinance.
• Recommendations:
  • Finalize and strengthen the proposed procurement ordinance.
  • Unify associated legislation to increase clarity and efficiency.
  • Amend the Commercial Law to remove conflicting bidding provisions.
  • Ensure that the new ordinance supersedes existing conflicting laws.

Procurement Procedures and Practices

• Current Issues:
  • Lack of a centralized source for procurement information.
  • Subjective bid evaluation systems.
  • No standard bidding documents or contracts.
  • Excessive or inadequate involvement of government agencies in the procurement process.
  • Inadequate mechanisms for handling complaints and disputes.
  • Poor quality of technical specifications and cost estimates.
• Recommendations:
  • Develop standard procurement documents (bidding, evaluation, contracts) aligned with international standards.
  • Establish a Procurement Bulletin as the single authoritative source for all procurement-related information.
  • Introduce objective bid evaluation methods and eliminate subjective merit point systems.
  • Improve transparency by publishing information on winning bidders and contract values.

Institutional Framework

• Independent Procurement Body: There is a need for an independent body to oversee procurement policy formulation and monitoring.
• Public Procurement Office (PPO): The PPO should be established as an autonomous entity reporting directly to the top level of government, with adequate resources.
• Tender Committees: Strengthen the procedures for tender committees, including clear selection criteria and ensuring continuity.

Human Resources and Procurement Capacity

• Shortage of Professionals: There is a critical shortage of qualified procurement professionals, especially at the local level.
• Training and Development: A procurement training center should be strengthened or established, with a focus on accreditation and sustainable funding.
• Incentives: Develop an accreditation system and provide incentives for civil servants to become procurement professionals.

State-Owned Enterprises (SOEs) and Construction Industry

• SOE Management: The structure and management of SOEs hinder their efficiency and competitiveness.
• Reforms Needed:
  • Accelerate the equitization of SOEs to enable them to operate independently and compete fairly in the market.
  • Restructure SOEs and state-owned institutes to align with market-driven procurement systems.
  • Deregulate the construction industry to improve competitiveness and viability of contractors.

Action Plan for Transforming Public Procurement

• Short-Term: Finalize the procurement ordinance, develop implementation guidelines, and introduce standard procurement documents.
• Medium-Term: Reduce procurement thresholds, streamline review procedures, and establish a national procurement bulletin and certification system.
• Medium to Long-Term: Strengthen institutional capacity, develop a new contract law, and fully implement market-driven procurement practices.

Conclusion

The report highlights that while Vietnam has made notable progress in reforming its public procurement system, there is still a need for comprehensive legal and institutional reforms to ensure efficiency, transparency, and competitiveness. The World Bank and donor community are ready to support these efforts through technical assistance and policy guidance.