Will the Law on Bidding 2023 address the issue of selecting a pilot business for international football betting?

According to the Article 38(1) of the Government’s Decree No. 06/2017/ND-CP issued on January 24, 2017 on the business of betting on horse racing, dog racing and international football, the Government allows 01 enterprise to pilot international football betting business. The pilot period for international football betting business is 05 years since the date of the Certificate of eligibility for international football betting business is granted. After the pilot period, the Government will review and evaluate to decide whether to continue to allow the pilot of international football betting business or may terminate the pilot international football betting business.

Also, according to the Article 38(3) of this Decree, the Ministry of Finance shall take the main responsibility, and coordinate with the Ministry of Culture, Sports and Tourism, the Ministry of Planning and Investment, the Ministry of Justice, the Ministry of Public Security and other ministries and agencies related to the organization of tendering to select the enterprise, the pilot organization of the international football betting business in accordance with provisions of the Law on Bidding 2013 No. 43/2013/QH13. However, this provision is entangled with the Bidding Law because it does not have a form of bidding to select enterprises, but only bidding for projects and bidding packages of projects.

On June 23, 2023, at the 5th Session, the XV National Assembly approved the revised Law on Bidding, which will come into force from January 1, 2024. Accordingly, the Law on Bidding has adopted many remarkable changes, including detailed regulations on the form and method of selecting contractors and investors. In addition, this Law has also added a number of methods of contractor selection in the special case in the Article 20 (1)(i).

Moreover, the Article 29 (1)(i) of the Bidding Law 2023 provides: “In case of a project or package requiring specific requirements regarding contractor selection criteria and procedures, and contract signing and execution other than those specified in paragraphs a, b, c, d, đ, e, g and h of this Clause, the Government shall request the Standing Committee of National Assembly to decide the selection of contractor for this project or package as a special circumstance.”

Therefore, this new regulation has paved the way for businesses to participate in the pilot bidding for international football betting business in Vietnam.

(Minh Quan – Midland & Partners)