Sửa Luật để hạn chế tiêu cực trong đấu thầu
Ủy ban thường vụ Quốc hội (UBTVQH) hôm qua cho ý kiến vào dự án Luật đấu thầu (sửa đổi). Làm thế nào để các quy định của luật này hạn chế tối đa những tiêu cực trong hoạt động đấu thầu là vấn đề được nhiều ủy viên UBTVQH quan tâm.
Đảm bảo tính công bằng, cạnh tranh
Một trong những mục tiêu quan trọng của việc sửa đổi Luật đấu thầu lần này, theo Bộ trưởng KH&ĐT Bùi Quang Vinh là “nâng cao tính minh bạch, công khai trong hoạt động đấu thầu sử dụng nguồn vốn nhà nước; chống thất thoát, lãng phí, dàn trải, khép kín, đảm bảo tính công bằng, cạnh tranh và phòng, chống tham nhũng trong hoạt động đấu thầu sử dụng nguồn vốn nhà nước”.
Theo quy định tại khoản a, điều 1 dự thảo Luật về phạm vi điều chỉnh thì một trong những hoạt động đấu thầu là “Dự án cho mục tiêu đầu tư phát triển sử dụng từ 30% vốn nhà nước trở lên trong tổng mức đầu tư hoặc sử dụng dưới 30% vốn nhà nước nhưng từ 500 tỷ đồng vốn nhà nước trở lên trong tổng mức đầu tư của dự án theo quy định …”
Tuy nhiên, thẩm tra vấn đề này, Chủ nhiệm Ủy ban Kinh tế Nguyễn Văn Giàu cho biết: Một số ý kiến tán thành với tiêu chí xác định các dự án cho mục tiêu đầu tư phát triển sử dụng vốn nhà nước như quy định nhưng đề nghị có quy định kiểm soát chặt chẽ hơn đối với hoạt động lựa chọn nhà thầu trong trường hợp các dự án cho mục tiêu đầu tư phát triển sử dụng vốn nhà nước từ 500 tỷ đồng trở lên và chiếm tỷ lệ từ 30% trở lên trong tổng mức đầu tư.
Có ý kiến đề nghị không quy định tiêu chí xác định quy mô vốn nhà nước trong các dự án đầu tư có sử dụng vốn nhà nước theo mức tuyệt đối bằng tiền vì không bảo đảm được tính ổn định của Luật, quy định này sẽ lạc hậu sau một thời gian ngắn…
Chủ nhiệm Ủy ban về các vấn đề xã hội Trương Thị Mai đặt câu hỏi, đấu thầu thuốc nằm ở đâu, vì đấu thầu thuốc không thuộc trường hợp sử dụng toàn bộ vốn nhà nước mà một phần từ bảo hiểm y tế. “Luật sửa đổi phải đưa đấu thầu thuốc vào phạm vi điều chỉnh để đảm bảo người dân được mua thuốc với giá hợp lý hơn”, bà Mai đề nghị. Phó Chủ tịch Quốc hội Tòng Thị Phóng cũng phân vân về giá trị 500 tỷ đồng theo dự luật. Phó Chủ tịch cho rằng không nên tuyệt đối hóa giá trị mà chỉ cần quy định những vấn đề mang tính nguyên tắc.
Chủ nhiệm Ủy ban Tài chính ngân sách Phùng Quốc Hiển đánh giá, dự luật đã có nhiều quy định chặt chẽ hơn để hạn chế tình trạng tiêu cực trong đấu thầu, tuy nhiên, ông Hiển lưu ý nhiều quy định cần phải cụ thể, dễ định lượng để thuận lợi trong việc áp dụng.
Riêng hoạt động đấu thầu đối với việc “Mua sắm sử dụng vốn nhà nước nhằm duy trì hoạt động thường xuyên của cơ quan nhà nước, đơn vị thuộc lực lượng vũ trang nhân dân, đơn vị sự nghiệp công lập…”, Chủ nhiệm Phùng Quốc Hiển đề nghị chỉ nên áp dụng với gói thầu lớn, nếu không sẽ ảnh hưởng đến hoạt động thường xuyên của các cơ quan này… Tuy nhiên Bộ trưởng Bùi Quang Vinh cho rằng, quy định “to nhỏ” sẽ phức tạp, và những vấn đề chi tiết sẽ được hướng dẫn bởi Nghị định của Chính phủ.
Nên có chế tài xử lý người đứng đầu
Dự án Luật quy định cụ thể hơn về các trường hợp chỉ định thầu, đồng thời bổ sung các trường hợp chỉ định thầu đối với nhà đầu tư để phù hợp với phạm vi điều chỉnh của dự án Luật.
Tuy nhiên, Ủy ban Kinh tế cho biết: Có ý kiến đề nghị cân nhắc không nên quy định theo hướng mở rộng như dự án Luật, việc chỉ định thầu chỉ nên áp dụng trong các trường hợp bất khả kháng do thiên tai, địch họa, sự cố cần khắc phục ngay; trường hợp do yêu cầu của nhà tài trợ nước ngoài và một số điều kiện khác như quy định của Luật đấu thầu năm 2005.
Ý kiến khác cho rằng dự án Luật đã quy định cụ thể hơn trách nhiệm của cá nhân đối với từng hoạt động trong quá trình đấu thầu, trong đó có trách nhiệm của người có thẩm quyền ra quyết định áp dụng chỉ định thầu, do vậy sẽ hạn chế được tình trạng lợi dụng để chỉ định thầu tràn lan, trốn tránh trách nhiệm trong quá trình chỉ định thầu. Tuy nhiên, theo nhiều ý kiến tại phiên họp, vấn đề chỉ định thầu cũng cần có những quy định cụ thể, chặt chẽ hơn, ví dụ trong trường hợp chỉ có một nhà thầu có đủ năng lực, quy định rõ chế tài với người đứng đầu nếu để xảy ra vi phạm…
Dự án Luật Đấu thầu sửa đổi sẽ được đưa ra thảo luận tại kỳ họp thứ 5 khai mạc ngày 20/5 tới.
| Sẽ miễn nhiệm Bộ trưởng Bộ Tài chính và Tổng Kiểm toán nhà nước
Cùng ngày, UBTVQH đã cho ý kiến về việc chuẩn bị Kỳ họp thứ 5 Quốc hội khóa XIII. Theo đó, Kỳ họp dự kiến khai mạc vào 20/5 và kết thúc vào 21/6. Bên cạnh các nội dung như thông lệ, Kỳ họp lần này Quốc hội còn xem xét miễn nhiệm đối với Bộ trưởng Tài chính Vương Đình Huệ và Tổng Kiểm toán Nhà nước Đinh Tiến Dũng để phân công nhiệm vụ khác. Trước đó, Bộ trưởng Vương Đình Huệ được phân công nhiệm vụ làm Trưởng ban Kinh tế Trung ương. Tại Kỳ họp, Quốc hội cũng sẽ thảo luận và quyết định nhiều nội dung quan trọng, trong đó có việc lấy phiếu tín nhiệm với 49 chức danh chủ chốt. |
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