Resource information
The transition from a centrally planned
economy to a "socialist oriented market economy"
in Vietnam has called for comprehensive changes in the legal
framework of the State. The last ten years have witnessed
great progress in the development of the Vietnamese legal
system, both in substantive and procedural matters. A number
of important legal instruments have been promulgated, such
as the Constitution in 1992; the Land Law in 1993; and the
Civil Code in 1996. More recent normative instruments
include the Commercial Law of 1997 and various Ordinances
and Regulations on matters such as foreign investment,
management of investment and construction, national bidding
procedures, conduct of public employees, control of
corruption and thrift in the use of public funds.
Procurement in the public sector in Vietnam was governed
mainly by Decrees issued by the Government. The key existing
legal instruments governing public procurement are
summarized in Table 1. In addition, there are other Decrees
and Inter-Ministerial circulars, which contain provisions
concerning public procurement and use of public funds. The
report discusses key issues such as the legal and regulatory
framework; procurement procedures and practices;
institutional framework; human resources and procurement
capacity; state-owned enterprises and gives recommendations.
Annexes include: (a) A Review of the 5th Draft of Vietnam
Public Procurement Ordinance; (b) A: Legal Framework; (c)
Trade Practices; (d) Financial Framework; (e) Public Sector
Procurement of Goods/Works; (f) Public Sector Selection of
Consultants; (g) Procurement Performance ; (h) Private
Sector Procurement; (ix) Checklist Comparing NCB Procedures
and World Bank Policy; (i) Classification of Investment
Projects; (j) : Available Methods for the Selection of
Bidders (k) Construction Industry Reform - Summary Report;
(l) Summary of Pertinent Laws and regulations; and (m) NCB
Acceptability - Proposed Provisions for Bank legal agreements.
