One of the principal missions in innovating administrative procedures, which is focused on by ministries, departments and localities, is fulfilling the legal framework; strictly governing the implementation of administrative procedures; and reviewing, proposing the reduction of inappropriate administrative procedures and dossiers.
In the program of reviewing and controlling planning and investment procedures, on August 30, 2022, the Ministry of Planning and Investment (“MPI”) issued Decision No.1481/QĐ-BKHĐT (“Decision 1481”) approving the plan to simplify administrative procedures in the field of bidding and establishment and operation of cooperative unions under the management authority of the Ministry. Specifically as follows:
In the bidding sector:
- Supplementation of guidance on administrative procedures for investors to propose land-use investment projects excluding the list of projects provided by the State (applicable to projects not subject to policy of investment approval) to the draft of the Law on Bidding (amended).
This plan stemmed from the current regulation in Article 5.1 of the 2020 Law on Investment, allowing investors to propose business investment projects in business lines not subject to the laws’ prohibitions. In other words, investors are allowed to propose projects excluding the list of projects provided by the State. Given the absence of specific instructions, the legitimate rights of investors shall be affected. The recognition of this plan in the draft of the Law on Bidding would also create consistency and synchronization in regulations with related issues.
According to Decision 1481, the MPI estimated that this plan would save 7,18% of expenditures.
- Annulment of requirement on the certificate for individual participating in bidding activities who work for professional bidding organizations or bidding consulting units
The abolishment of bidding practice certificate comes from the following reasons: (1) Bidding is not a conditional business line; and (2) in order to reduce the time and cost of licensing because the determination on whether an individual meets the requirements to perform bidding activities, participate in bidding consultancy or not could be made by the service user.
This plan was estimated to save more than 1.8 billion with a cost reduction rate of 100%.
In the establishment and operation of cooperative unions
Decision 1481 also provided multiple simplification plans such as abolishing administrative procedures that are no longer appropriate; grouping administrative procedures having similar nature; removing the dossier elements; reduce the time limit for considering dossiers; supplementing regulations on methods of submitting dossiers and receiving results online; etc.
The gross benefit of these simplifications was estimated to save over 750 million, equivalent to a cost reduction rate of 20.57%.
The implementation of these simplification plans of the MPI would bring great benefits to businesses, investors and cooperatives.
Decision 1481 took effect from its issuance date.
Comment: