scholarly journals Government procurement clause in EVFTA and implications for Vietnam

Author(s):  
Hoang Tien Nguyen ◽  
Vuong Hoang Do

EVFTA is one of the newest endeavors of Vietnam regarding the international integration process, which is anticipated to be beneficial for Vietnam in many aspects across industries. The government procurement sector does not stay out of this influence. This article mainly aims to explore the government procurement sector of Vietnam, the performance of the government regarding managing this market and how it will be affected and reformed by EVFTA. More importantly, by examining the significant factors that may have an impact on the EVFTA's implementation from Vietnam's perspective, the article attempts to assess the compatibility of the current situation of Vietnam with the fundamental conditions to conduct public procurement regulations of EVFTA efficiently. The article collects, summarizes, and analyzes the secondary data from trustworthy sources like the Vietnam General Statistics Office, the ranking table of the International Telecommunication Union, the official annual report of state departments of Vietnam, and other documents like journal articles, research papers,etc. Another methodology employed in the research is the in-depth interviews with professional experts who have been working for several years in the international integration field. the article discovers that Vietnam is capable of implementing EVFTA's chapter 9 efficiently but with more careful preparation. The article also points out that despite of having a strong mindset of globalization, Vietnam's public expenditures are still loosely covered by laws, which leads to irrational allocation on national budget. A number of implications are suggested to localize the EVFTA's regulations and recommendations are made to apply modern technologies to improve the procurement system, especially on the capacity of government on managing the government procurement sector. The authors hope to help state authorities to have a broader look and improve the sector as well as embrace the opportunities from EVFTA regarding government procurement sector.

2021 ◽  
Author(s):  
Felix Steengrafe

The awarding of public contracts is of considerable economic importance and for this reason can be used to promote environmental concerns. The present work examines whether environmental criteria may be taken into account in the context of public procurement. To answer this question, the Government Procurement Agreement and the UNICTRAL Model Law on Public Procurement are considered at the level of international law. In European law, the primary as well as the relevant secondary law requirements and, in German law, the Cartel and Budget Procurement Law are assessed. This analysis also includes the interactions between the three levels.


2005 ◽  
Vol 54 (3) ◽  
pp. 621-650
Author(s):  
Victor Mosoti

Kenya is one of the countries that are currently in the process of preparing a new law on government procurement as part of the anti-corruption efforts of a new democratically elected government which came into power in December 2002. Whereas it may be too early to judge the commitment of the new government to meaningful and consistent anti-corruption initiatives, one may already discern either a definite unwillingness to move forward with serious reforms or an implicit acquiescence towards corrupt practices, particularly in the government procurement process. In this paper, we shall examine Kenya's government procurement laws, and their practical application. We focus on two recent examples of the procurement process, one by a government ministry and the other by a parastatal body. The first example of application we shall look at is the controversy over the procurement of HIV-Aids testing equipment by the Ministry of Health, and the second is the procurement of cranes by the Kenya Ports Authority. We shall end with a brief examination of the proposed Public Procurement and Disposal Bill (2003)l which is currently before the Kenyan parliament and how it may revolutionalize the government procurement process in Kenya. This Bill has already received the approval of the Cabinet of Ministers and is due for the second reading in Parliament.2 Despite the Government having stated its commitment to have the bill enacted, the bill has not been passed yet.3 In the last substantive part of the paper, we assess the relevant international agreements and standards such as the UNCITRAL Model Law on Public Procurement and the WTO's Agreement on Government Procurement, and also highlight the regional procurement law.


2014 ◽  
Vol 1010-1012 ◽  
pp. 2080-2085
Author(s):  
Hao Liu ◽  
Xin Ling Wang

At present, the circular economy of China's coal industry achieved remarkable results, but there are many problems: extensive coal mining and utilization, corporate tax burden heavier, lack of funds of the circular economy development, the policies of the circular economy development absence. The main reasons for these problems are: lack of funds of circular economy development of coal industry, lack of professionals of circular economy development of coal industry, lack of technical support of circular economy development of coal industry, absence and not in place of policy of circular economy development of coal industry, industry and local protective effects of restricting the development of circular economy, industry regulations and standards are not perfect. To solve these problems, China should improve Industrial policy, vigorously promote technological innovation of the coal industry, should improve the tax policy, the investment budget policy and the government procurement policy.


1951 ◽  
Vol 5 (1) ◽  
pp. 203-204

The second part of the eleventh session of the Council of ICAO was convened in Montreal on September 27, 1950. The government of Spain dispatched a delegation to Montreal to take part in the meetings and arrange for that government's entry into the International Civil Aviation Organization. The agenda included: 1) appointment of members to serve on the Air Navigation Commission, Air Transport Committee, the Committee on Joint Support of Air Navigation Services, and the Finance Committee; 2) the proposals of the Secretary-General, Dr. Albert Roper, for reorganization of the secretariat and the question of his successor for 1951; 3) the site for a permanent office for the far east and the Pacific; 4) schedules for meetings of the subordinate bodies of the organization for 1952; and 5) a preliminary scale of contributions for 1952. The work of the Air Navigation Commission was surveyed in the report of the commission on 1) “differences” from ICAO standards, 2) sites for AIR, OPS and COM division meetings, and 3) necessary changes in abbreviations and symbols. Special attention was given to the formulation of ICAO's position on charges for airline operated agency messages carried over the aeronautical network and a study of this problem was to be undertaken in collaboration with the International Telecommunication Union. The Council also was to discuss the communication to the Universal Postal Union on air mail charges upon which the member governments had made comments.


Author(s):  
A. Zhuk

The paper studies the historical and legal background of the formation and development of government procurement in Ukraine. It analyzes the essence and significance of public procurement for the effective development of budgetary enterprises, institutions and organizations in different historical periods. It has been established that public procurement took various forms long before the independence of Ukraine. State orders are considered in the context of the broader problem of state regulation of the economy, namely one of the most serious and ambiguous economic problems is the rational interaction of the state and the market system in the process of public procurement. It is substantiated that a full-fledged national economy largely depends on how transparent and economically justified public expenditures on the maintenance of institutions financed from the state budget. Detected that one of the most promising ways to implement the concept of rational and efficient use of budget funds is the widespread introduction of a single structured system in the procurement of goods, works and services for public needs, based on competition, transparency, non-discrimination and decentralization. The paper reviews specifics of legislative regulation of public procurement in the relevant periods. The stage of transition of the system of centralized production planning, distribution of material and technical resources, the function of the state order as an absolute state regulator in the production of products and services to the means of meeting the needs of material resources, products, works and services of consumers supported by the state budget. It identifies the main differences in the approaches to understanding the essence of public procurement. The paper provides a detailed description of the influence of factors and circumstances on the development of the legal framework of public procurement. It determines and substantiates government procurement development periods. The paper analyzes the negative effects of omissions and non-finalization of the legal framework of each respective period. It studies the methods of and reasons for changing the terminology in the formation of the conceptual apparatus of the modern legal framework. Conclusions on changes, additions and adjustments to the legal framework of public procurement are provided. The paper assesses the main differences between the adopted public procurement laws.


Author(s):  
S. J. Huang ◽  
C. C. Kuo ◽  
H. W. Kwan

Taiwan’s continuous economic growth in the past 50 years has spurred a similar growth in electricity demand. Historically the reserve margin has been less than 20 percent, although new generation is introduced every year. In the planning for new plants, consideration must be given to the location, choice of fuel, environmental impact and in a democratic society, their public acceptance. Based on projected growth demand, a decision was made in 1996 to build a 4,000 MW gas fired combined cycle power plant at the Dah Tarn location. The project has offered many opportunities to international equipment suppliers and local contractors. As a government entity, Taiwan Power Company follows the Government Procurement Law in procurement of equipment and services which is designed for open and fair competition and protection of the interests of the Owner. The uniqueness of the site and its surroundings, and the division of work between participants has presented some design and engineering problems that need to be overcome in the execution of this plant.


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