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Workshop on Commitments on Government Procurement in the Trans-Pacific Partnership Agreement In order to promptly and effectively deploy the commitment to purchase [...]

In order to promptly and effectively deploy government procurement commitments in the Trans-Pacific Partnership Agreement (TPP), on June 14, 2016, in Hanoi, the Ministry of Planning and Investment in coordination with the United States Agency for International Development (USAID) organized a Workshop on Government Procurement Commitments in TPP. Ms. Nguyen Thi Thuy Hang, Deputy Director of the Department of Bidding Management, Ministry of Planning and Investment and Mr. Michael Trueblood, Director of the Department of Economics and State Administration, USAID Vietnam co-chaired the Workshop. Speaking at the Workshop, Ms. Nguyen Thi Thuy Hang, Deputy Director of the Department of Bidding Management, Ministry of Planning and Investment said that commitments on government procurement are important content in TPP negotiations and this workshop will provide information to officials working in bidding. Initial knowledge to proactively participate in TPP.
Mr. Michael Trueblood, Director of the Department of Economics and State Administration, USAID Vietnam, said, USAID's State Governance Project for Inclusive Growth (GIG Project) has a goalincrease trade and investment; promote the competitiveness of the private sector; strengthen the rule of law; more effective financial management and public administration; Comprehensive economic and social participation is expanded. One of the Project's activities is to provide technical support for Vietnam to implement commitments in the TPP, including supporting Vietnam to reform government procurement policies, develop regulations guiding the implementation of the Bidding Law, build, operate and manage the national bidding network system...
Regarding the field of government procurement, USAID/GIG would like to receive comments to determine the differences between Vietnam's bidding laws and commitments on public procurement under TPP. Thereby, helping to increase transparency, improve enforcement capabilities, and at the same time help authorities make specific plans to successfully implement government procurement commitments, making the best use of the opportunities that TPP brings.
At the seminar, Mr. Nguyen Thanh Tuan, Head of International Cooperation Department, Department of Bidding Management introduced the main contents of government procurement commitments in TPP. Accordingly, the scope of TPP regulation is limited by (i) the agency carrying out the procurement activity, (ii) the goods or services being procured and (iii) the threshold price of the bidding package that will be opened. Some contents are not within the scope of regulation such as: buying/renting land and real estate; Non-contractual agreements (support, loans, guarantees...); Bidding packages using ODA capital for which the sponsor has regulations on bidding and other exceptions (national defense security, intellectual property rights, ensuring security and order)...
Overview of the Conference. Photo: Duc Trung (MPI)
The main principles of the Government Procurement Chapter in the TPP are: no discrimination between contractors in the TPP, no preferential treatment of goods, services or domestic contractors and encouragement of online bidding. Three forms of contractor selection applied in government procurement according to the provisions of the TPP are open bidding, limited bidding and designated contractor. The Agreement also provides for transitional measures applicable to developing member countries, applicable only for a certain period of time, including incentives and deferral of obligations. Preferential measures that can be applied are price preferential mechanisms, domestic preferential measures, opening roadmaps and higher opening thresholds.
Also at the Conference, delegates also heard USAID/GIG consultants introduce research on comparing some key differences between Vietnam's bidding law and the Government Procurement Chapter in TPP as well as research and propose a roadmap for implementing government procurement commitments in TPP./.