Harmonization of public competitive tendering empirical evidence from the ministry of health in VietNam

HARMONIZATION OF PUBLIC COMPETITIVE TENDERING: EMPIRICAL EVIDENCE FROM THE MINISTRY OF HEALTH IN VIETNAM _ A DISSERTATION Presented to the Faculty of the Graduate School Southern Luzon State University, Lucban, Quezon, Philippines in Collaboration with Thai Nguyen University, Socialist Republic of Vietnam _ In Partial Fulfillment of the Requirements for the Degree Doctor of Business Administration _ By NGUYEN DUY PHUONG (NOAH) December 2013 i APPROVAL SHEET The Dissertation of NGUYEN DUY PHUONG entitled HARMONIZATION OF PUBLIC COMPETITIVE TENDERING: EMPIRICAL EVIDENCE FROM THE MINISTRY OF HEALTH IN VIETNAM Submitted in Partial Fulfilment of the Requirements for the Degree DOCTOR OF BUSINESS ADMINISTRATION A program offered by Southern Luzon State University, Republic of the Philippines in collaboration with Thai Nguyen University, Socialist Republic of Vietnam has been approved by Oral Examination Committee WALBERTO A MACARAAN, EdD Expert CONRADO L ABRAHAM, PhD Expert MELCHOR MELO O PLACINO, PhD Expert JOANNA PAULA A ELLAGA, DBA External Panel CECILIA N GASCON, PhD Chairman Endorsed by: Recommended by: ALICE T VALERIO, PhD Adviser APOLONIA A ESPINOSA, PhD Dean Accepted in Partial Fulfilment of the Requirements for the Degree Doctor of Business Administration _ Date WALBERTO A MACARAAN, EdD Vice President for Academic Affairs ii CERTIFICATE OF ORIGINALITY iii ACKNOWLEDGMENT I would like to express my gratitude to Dr Alice T Valerio for being an outstanding advisor and excellent professor Her constant encouragement, support, and invaluable suggestions made this work successful She has been everything that one could want in an advisor I would like to thank her for providing me ideas on the research methodology and valuable insights on public procurement system and international bidding implementation issues I am deeply indebted to my committee member, Dr Lee Kari Ling, for her time and effort in reviewing this work Also, I would like to thank all the lecturers of DBA1 course for helping me to complete this thesis which I have been their student for three years I would like to acknowledge my best friends in the DBA class for reviewing my thesis and providing valuable feedback I am grateful to Mr Ngo Anh Cuong and Mrs To Ngoc Lan for their help and valuable advice, and for being great friends throughout my program stint I am deeply and forever indebted to my family for their love, support, and encouragement throughout my entire life I would like to thank my wife, Bui Thi Nga, who has provided a tremendous amount of love and support throughout this study On a final note, with love are for my children, my fiveyear old daughter, and three-year old son! Nguyen Duy Phuong iv DEDICATION To my Family and Friends this piece of work is dedicated NDP v TABLE OF CONTENTS PAGE TITLE PAGE ……………………………………………………………… i APPROVAL SHEET ……………………………………………………… ii CERTIFICATE OF ORIGINALITY ……………………………………… iii ACKNOWLEDGEMENT ………………………………………………… iv DEDICATION ……………………………………………………………… v TABLE OF CONTENTS ………………………………………………… vi LIST OF TABLES ………………………………………………………… viii LIST OF FIGURES ……………………………………………………… ix ABBREVIATIONS ………………………………………………………… x LIST OF APPENDICES ………………………………………………… xi ABSTRACT ………………………………………………………………… xii CHAPTER I II III INTRODUCTION …………………………………………… Background of the Study ………………………………… Statement of the Problem ………………………………… Objectives of the Study …………………………………… Hypothesis of the Study …………………………………… Significance of the Study ………………………………… Scope and Limitations of the Study ……………………… 10 Definition of Terms ………………………………………… 12 REVIEW OF LITERATURE ……………………………… 16 Conceptual Framework ………………………………….… 29 METHODOLOGY Locale of the Study ………………………………………… 35 Research Design …………………………………………… 35 Sampling Procedures ………………………… ……… … 37 Data Gathering Procedure ……………………….……… 38 Research Instrument …………………………….…….… 40 Statistical Analysis ……………………… …….…… 42 vi IV RESULTS AND DISCUSSIONS ………………………… V SUMMARY, CONCLUSION AND RECOMMENDATION 47 Summary of Findings ……………………………………… 60 Conclusions ………………………………………………… 66 Recommendations ………………………………………… 68 REFERENCES ……………………… ………………………………… 72 APPENDICES …………………………………………………………… 74 CURRICULUM VITAE …………………………………………………… 94 vii LIST OF TABLES TABLE PAGE Factors Affecting Harmonizing 41 Likert’s Scale Summated Rating for Openness and Transparency Procurement 46 Department of Administrators 49 Discrepancy in Public Procurement 54 Frequency of Applying Procurement Method 57 Testing Result of Reliability 58 Description of Mean and Standard Deviation 59 T-test on the Most Opening Purchase – ICB (UOP) 60 Difference Tests on the Most Opening Purchase – ICB (UOP) Difference Test 61 10 T- Test on the Less Opening Purchase 62 11 T-Test on the Non- Standard Purchase (NSP) 63 12 Difference Tests on the Non- Standard Purchase (NSP) (T-Test for Equality of Means) 64 viii LIST OF FIGURES FIGURE PAGE Conceptual Framework of the Study 32 Data Collection Procedure 39 Distribution of Respondents by Position in the MOH 47 Distribution of Respondents by Age 48 Distribution of Total Working Years of the Respondents 49 Distribution of the Respondents by Department 50 Frequency of Submitting Bidding Documents under LCB 52 Frequency of Applying Transparency Level 55 Frequency of Applying the Most Opening Purchase Method 56 ix LIST OF ABBREVIATIONS ADB Asian Development Bank GOV Government of Vietnam ICB International Competitive Bidding ILT International Law on Tendering JICA Japan International Cooperation Agency LCB Local Competitive Bidding LLT Local Law on Tendering LLT PMU Project Management Unit PPC Provincial People Committee WB World Bank x 81 Appendix Budget Revenues and Expenditures Year Unit 2000 2002 2003 2004 2005 2006 2007 2008 Billion US Dollars Budget revenue 20,5 23,1 24,8 26,7 27,2 28,7 27,6 28,1 Budget expenditures 24,7 27,7 29,5 29,9 31,3 31,6 34,9 33,3 Public procurement 6,7 8,4 9,7 9,2 9,4 9,1 9,8 9,2 Source: General Statistical Office, Statistical Yearbook2009.Page 98-100 82 Appendix Total Government Expenditure, 1990-2010 1995 2000 2004 2005 2006 2007 2008 2009 2010 Brunei D 66.0 40.6 36.8 32.1 28.9 30.3 27.8 34.8 28.5 Cambodia 14.8 14.8 13.9 13.2 14.1 14.7 15.9 20.5 20.7 Indonesia 14.7 15.8 18.6 18.4 20.0 19.2 19.9 16.7 16.5 Lao PDR 26.7 20.8 15.4 18.4 17.2 19.1 19.4 21.0 24.8 Malaysia 22.1 22.9 25.1 23.9 24.8 25.0 26.3 30.3 26.5 Myanmar 9.8 3.5 Philippines 18.2 18.1 17.3 16.9 16.7 16.5 16.3 17.7 16.8 Singapore 15.6 18.5 16.3 14.7 14.8 13.8 16.7 17.9 Thailand 15.4 17.3 18.4 18.5 18.5 18.8 18.8 20.8 20.4 Vietnam 23.8 22.6 26.2 27.3 27.5 29.4 27.7 31.8 30.7 Source: ADB, "Key Indicators for Asia and the Pacific 2010" Manilla 2011 P 271 83 Appendix Corruption Perceptions Index Year 2003 2004 2005 2006 2007 2008 2009 2010 Rank Rank in in 2009 2010 Brunei D … … … … … … 5.5 5.5 39 38 Cambodia Indonesia … 1.9 … 2.0 2.3 2.2 2.1 2.4 2.0 2.3 1.8 2.6 2.0 2.8 2.1 2.8 158 111 154 110 Lao.PDR … … 3.3 2.6 1.9 2.0 2.0 2.1 158 154 Malaysia 5.2 5.0 5.1 5.0 5.1 5.1 4.5 4.4 56 56 Myanmar 1.6 1.7 1.8 1.9 1.4 1.3 1.4 1.4 178 176 Philippines 2.5 2.6 2.5 2.5 2.5 2.3 2.4 2.4 139 134 Singapore Thailand 9.4 3.3 9.3 3.6 9.4 3.8 9.4 3.6 9.3 3.3 9.2 3.5 9.2 3.4 9.3 3.5 84 78 VietNam 2.4 2.6 2.6 2.6 2.6 2.7 2.7 2.7 120 116 Source: ADB, "Key Indicators for Asia and the Pacific 2010" Manila 2011 P.276 84 Appendix Ministry of Health Structure Centre GOV MOH Hospitals Control directly by MOH Medical Universities Promotion centers PPC Province department of Health DPC Province Hospitals Hospitals Control directly by PPC Medical colleges Promotion center District department of Health District Hospital CPC General Hospital Community department of Health Public Administrative Management Medical qualification Management Medical centers Community clinic Medical staffs Appendix Discrepancy of Two Laws and Regulation Systems Discrepancy in Procuring of Two Laws and Regulation Systems VIETNAM WB/ADB JBIC/JICA Objectives of Article 3- Law on Tendering However, it is Tendering For projects using official confirmed by JBIC and Law related development aid (abbreviated as Ministry of Plan and to ODA) shall be implemented on the Investment (MPI) that legislative basis of provisions in international in case there is any conflicts treaties of which the Socialist discrepancy in the Republic of Vietnam is a member procurement procedure or international agreements signed between the domestic by authorized bodies or regulations and donor organizations on behalf of the guidelines, the donor Socialist Republic of Vietnam regulation shall overrule Items Bidding Method Article 13 International tendering shall be held in the following cases: (a) Tender packages belonging to projects using ODA in which the donor stipulates that international tendering must be held; (b) Tender packages for procurement of goods where the goods are not yet able to be manufactured domestically; Section II 2.1 “The objective of International Competitive Bidding (ICB), as described in the Guidelines, is to provide all eligible prospective bidders with timely and adequate notification of Section 1.02 International Competitive Bidding (ICB) “JICA considers that in most cases International Competitive Bidding (ICB) is the best method for satisfying the requirements Harmonizing Solution According to this article, inconsistency between the Decrees for instructing this Law and JBIC Guidelines of procuring management should be cleared before signing Loan agreement It means all discrepancies are solution mentioned in the Agreement All international donors are interested in the ICB bidding method But the Vietnamese law system is some restrict regulation on this However this bidding method is real efficient to both parties of Loan Agreement It meets both transparency and 88 Items Definition of “Short list” of Bidders Definition of Files for Bid Invitation Discrepancy in Procuring of Two Laws and Regulation Systems VIETNAM WB/ADB JBIC/JICA (c) Tender packages in which a Borrower’s regarding procurement domestic tenderers are incapable requirements and an of goods and services of satisfying the equal opportunity to bid for projects JICA, for the required goods, therefore, normally requirements of the party calling works, and nonrequires Borrowers to for tenders, or in which domestic consulting services.” obtain goods and tendering has been held but services through without selection of a winning ICB…” tenderer Decree 85/2009/NĐ-CP, Article 2.10 The short list is a list of contractors invited to tender for restricted bidding, bidders list and the list of preliminary examination and interesting contractors in which profiles are evaluated to meet the requirements of dossiers interested Law on Tendering 2005, Article 4.24 and Decree 85/2009/NĐ-CP, Article 2.3 Bidding documents are all file for opening tender or bidding restrictions including the requirement for a bid to the legal basis for contractors… Shortlist is obtained through Prequalification stage The WB and ADB call these materials as “Documents” Harmonizing Solution openness standard So, in order to harmonize two law and regulation system, the ICB should be applied for all public procurement This Article is regulating to restrict bidding So, in order to avoid this discrepancy particularly, the PMUs should apply more competitive bidding method which regulated in the Laws Files for Bid Invitation” must be renamed as “Bidding Documents” or “Tender documents” because these are documents, or files, according to international practice 89 Items Definition of Contractawarding price Definition of goods Discrepancy in Procuring of Two Laws and Regulation Systems VIETNAM WB/ADB JBIC/JICA Law on Tendering 2005, Article 26 Although it depends on the reliability of the and Decree 85/2009/NĐ-CP, estimated tender price, it is common that Article 10.2.a contract-awarding price is higher than estimated “Contract-awarding price is the tender price Normally (although negotiation price value specified in the tender plan is forbidden) if the actual tender price falls within based on the total investment or an acceptable range, the differences are usually total cost estimate, approved adjusted at the time of contract negotiation with estimates and the current the lowest-evaluated bidder There is, however, a regulations" concern that this article might lead to the However it is mean that contractnegotiation on the price prior to the award In awarding price shall not be higher principle of JBIC guidelines, a tender than the tender package price in whichofferslowestevaluatedpriceshallbeawardedfr he approved tendering plan omtenderswhosatisfytherequirementsinthe whole tender documents Law on Tendering 2005, Article Standard Bidding Section 1.01 “the term “goods and 4.35 Document, revised Goods means machinery, services” as used in the March, 2003 (The equipment, raw materials, fuel, World Bank “Standard Guidelines includes supplies, consumer goods, and Bidding Documents”, related services other services other than consultancy than consulting 2003) services ““The Goods” means all services” of the equipment, The JICA’ definition is machinery, and/or other sound like Vietnam, but It means logistic service is materials which the considered as goods as long as it is more general Supplier is required to is value lower than the major supply to the Purchaser goods in the bidding package under the Contract.” Harmonizing Solution All donors accept the contract – award price in case it is higher approve tendering plan However they shall require the PMU to explain it So basing on principle of applying law conflict, if the donor has comment with noobjection of the price, it is legal completely In order to harmonze this, it should apply UNCITRAL- Article 2.c: Goods consumer goods, materials, machinery, equipment and/or other materials that suppliers must provide to the buyer under the contract 90 Items Method of procurement : Dual envelope tendering Two-stage bidding Discrepancy in Procuring of Two Laws and Regulation Systems VIETNAM WB/ADB JBIC/JICA Law on Tendering 2005, Article Under WB and ADB, in Forselectionofconsultan 26.2 order to open tender, it t,thisarticleisconsistent Methods of tendering: The dual withJBICguidelines.JBI is never allowed in the envelope method of tendering shall two-envelope bidding Cguidelinedoesnotallow apply to both open tendering and to open financial bids of financialassessmentfor limited tendering for the provision selectionofconsultants bidders who failed to of consultancy services It is applied Singlemeet technical requirements or to open stage two-envelope Althoughthisarticleonlyallowsduale financial bids at the bidding has been nvelopetenderingforselectionof time of technical employed in the case of consultant, but Article 29.2 of power-generating evaluation equipment for thermal Decree 85/2009/NĐ-CP referring to Article 35.2 of Law on Tendering power stations, bridge 2005 appear to allow dual construction projects, envelope method of procurement subway construction projects, etc for equipment/ goods or civil on technical aspect It is legislative principle for harmonizing that JBIC, WB, ADB Guidelines shall over rule This condition should be clarified Because and can be commonly adopted Single-stage twoenvelope bidding is generally advisable in terms of the emphasis on quality, as price competition exists only among bidders who have passed the technical evaluation Law on Tendering 2005, Article 26.3.a Inthefirstphase,tenderersshallsubm ittheirtechnicalandfinancialproposal swithoutatenderprice,inaccordance withthephaseonetenderinvitation documents; the phase two tender invitation documents shall be Vietnam Law system is conflict between Law on Tendering and its Decree So it is not meaning in implementing and nobody could understand what are According to WB’s regulation, in the first phase, tenderers shall submit only their technical The bidders submitbidsconsistingoft echnicalproposalsplusfi Section 2.03 JICA/JBIC combines Single-Stage TwoEnvelope Bidding and Two-Stage Bidding: “ bidders will be invited to submit technical and financial bids Harmonizing Solution 91 Items Conditions for conducting tendering Discrepancy in Procuring of Two Laws and Regulation Systems VIETNAM WB/ADB JBIC/JICA settled on the basis of discussions nancialalternativeswith simultaneously in two outpriceforbidinvitingpa separate envelopes held with each tenderer who The technical bids are participated in phase one rtyto consider….” opened But the Decree 85/2009/NĐ-CP, first and reviewed to Article 35.b., Circular 68/2012/TTBTC regulate same as WB and determine that they ADB conform to the specifications After the However, in Vietnam it is principle technical review has the the Law must be applied before been completed, the Degree if there is discrepancy on a financial bids of the same matter It is more effective bidders whose Law than Decrees technical bids have been determined…” Law on Tendering 2005, Article Point 1.10 (b) Section 1.04 Eligibility 7.3 Conditions for In order to be eligible, a conducting Contractor shall; Tenders have not been condition Tendering: (i) be a firm of the that financial situation is not healthy, is falling into bankruptcy or (i) are legally and eligible source country arrears cannot afford to pay, is in financially autonomous, stipulated; (ii) be a firm selected the process of dissolution which is (ii) operate under certificated by authorized commercial law, and based on its own government agencies (iii) are not dependent capability; agencies of the (iii) not be a firm stated Borrower or SubCorrupt or Fraudulent Practices Borrower (iv) not be a firm who Harmonizing Solution financial conditions but without price! Or is it only mode of payment? In order harmonize this problem, all PMU should apply “ “commercial proposal” instead of financial proposals or apply this bidding method subject to guideline of Japan In practice the WB, ADB and JICA just mention a black list for conducting bidders who are not eligibility On other hand it is impossible for Vietnam Agencies to investigating bad financial situation of foreign bidders PMUs should mention directly the blacklist into the 92 Items Discrepancy in Procuring of Two Laws and Regulation Systems VIETNAM WB/ADB JBIC/JICA has the conflict of interest Conditions for international tendering and preferential treatment for tenderers Decree 85/2009/NĐ-CP, Article 4.2 N/A Aftertheexecutionpriority…if there are same core, the priorityrankinghigher thanfor domestic bidder The clause in the Article 4.2 of Vietnam is not acceptable in light of JBIC guidelines 10 Preferential treatment for tenderers Law on Tendering 2005, Article 14.3 and Decree 85/2009/NĐ-CP, Article 4.1 The bidders using 30% or more of domestic cost is preferential is added 7.5% of total score This clause is not applied surely for procurement using budget of JICA, Because the JICA is just using money of Japanese separately WBnoticed to Vietnam: From Janfollowing day 1st July 2010 dose not continusly apply to the terms priority for Vietnamese bidders as regulations at Guideline Harmonizing Solution bidding documents in accordance with regulations and general guidelines of the International Donors In practice the JBIC guideline shall over rule In to harmonize this regulation, Vietnam Government should negotiate with these donors to reserve this regulation and issue new agreement or 93 Items 11 Assessment of tender Source: Discrepancy in Procuring of Two Laws and Regulation Systems VIETNAM WB/ADB JBIC/JICA at (a) Annex2– instead of an Guideline version association January 201 Because incomeper Vietnamesepersonhasi ncreasedto topUSD 1,000 Decree 85/2009/NĐ-CP, Article Tenderersachieving70%ormoreofthe total 18.2.a technical scores shall be shortlisted The Usingapointsystemforassessmenti approved shortlist of contractors who met the ntermsofthetechnicalaspectsregul technical requirements shall go to the next ated in Bidding documents in order financial evaluation to select a short list (without regulating minimum cores) Harmonizing Solution treaty Otherwise PMUs should not apply preferential treatment for the tenderers In order to harmonizing with the international regulation, the PMUS should make invitation bidding documents on the basis of the criteria for assessment with regulating minimum cores of 70% or more (1) Guidelines classification: Public procurement of goods, works, and non-consulting services under IBRD loans and ida credits & grants - by World Bank borrowers - January 2011 (2) JBIC Hanoi Representative Office (3) Law on tendering of National Assembly of the Socialist Republic of Vietnam Legislature XI, Session (from 18 October until 29 November 2005) and Decree 68/2012/NĐ-CP and 85/2009/NĐ-CP of Prime Ministry and Circle No 68/2012/TT-BTC of Ministry of Finance CURRICULUM VITAE I Personal Information Full name : NGUYEN DUY PHUONG Date of birth : Dec., 13th 1974 Marital Status : Married Nationality Vietnamese : Contact address: • Current residence No.15/183 Hoang Van Thai street – HanoiVietnam • • Phone: o Tel: 09-88.77.66-50 o Mobile 09-03-427-637 Email address: phuongnguyenduy@yahoo.com II Educational Qualification Institution Date from - Date to Degree(s) or Diploma(s) obtained: The National University of Vietnam at Laws Department 2003-2006 Degree of Master of Laws The National University of Hanoi Vietnam at Laws Department 1994 -1998 Degree of Bachelor of Laws Hanoi Foreign Trade University at English Department 1993 -1997 Degree of Bachelor of international Economics 93 Institution Hanoi Institute of Training- Hanoi construction investment consultancy and training JSC Ministry of Planning and Investment (MPI) National University of Education – Ministry of Education and Training (MOET) National University of Education – Ministry of Education and Training (MOET) Date from - Date to 2012 2010 2011 Degree(s) or Diploma(s) obtained: Certificate of Project Evaluation Certificate of Procurement and Bidding Certificate of Education 2009 Certificate of Education Subjects National Institute of Education Management 2008 Certificate of designing Lecture and Education methods The National University of Hanoi Vietnam 2009 Certificate at Doctor level in English language The National University of Hanoi Vietnam 2002-2005 Medical Equipment College 2004 Asian Development Bank JICA in Japan 2004 (ADB) 2004 Certificate at master level Philosophy Certificate Using, repairing, maintaining Medical Equipment Certificate of Training Procurement and Anticorruption course Certificate of Public Health Training course 94 III Civil service, Eligibility and Government Working history Date from to Company/Project Position Description - Teaching in Economic Laws Teaching in Tax-Accountant Laws Science tasks Administration International Relationship between the University and International Organizations Administration science study of Lecturers and Students Bidding Science Projects Sale manager Import-export Dept: Promoting, Executing Business International trading with writing, reading and negotiating in business English language Procurement procedure Import –Export procedure, International payment, transportation, by English Medical Equipment Procurement consultant for Hospitals Preparing medical technical and making bidding documents for local and international bids (in Thai Nguyen, Lang Son, Ha Tinh provinces) under Vietnamese Laws and JBIC/JICA regulations Planning procurement Reviewing report of bidding Evaluation and Qualification Criteria Feasibility Study for investing in 24 province hospitals 2006Up to now The University of Labor and Social Affairs (ULSA) Lecturer in Laws; Officer of International relationship and Science Dept 1998- Up to now BinhThuan Goods processing Importexport Company Director of Rep Office 2008-2009 Project Management Units of Provincial Hospital Development Project of The Ministry of Health / Add No 138 A Giang Vo – Ha Noi Procurement consultant for Regional and Provincial Hospital Development Project under JBIC ODA Loans for the Ministry of Health System Science Consultants Inc (SSC) Add 3-18-13 Takadanobaba Shinjuku-ku Tokyo 169-0075 NhậtBản, Tel: 03-5337-6601 Fax: 03-5337-6609 / 8/7 95 Date from to Company/Project Position 2002-2007 Rural Health Project Management Units of Ministry of Health at Add No 138 A Giang Vo – Ha Noi Procurement manager of ADB ODA loans for the Ministry of Health 2001-2002 Projects Management Units of Ministry of Health founded by World Bank, ADB, EC, SIDA Add 138 A Giang Vo – Ha Noi Procurement officer, founded by World Bank, ADB, EC, SIDA 1999- 2000 Medical Equipment College of Ministry of Health Medical and Construction Institute of Ministry of Health Collaborator 1998- 1999 Collaborator Description Preparing medical technical and making bidding documents for local and international bids Planning procurement Reviewing report of bidding Evaluation and Qualification Criteria Organizing international seminar Familiar with NGOs’ Preparing medical technical and making bidding documents for local and international bids Planning procurement Reviewing report of bidding Evaluation and Qualification Criteria Organizing international seminar Consultant for training of trainer using medical equipment Consultant for medical equipment Member ship of professional bodies: - Part-time staff of News paper - Member of College and University Association I, the undersigned, certify that to the best of my knowledge and belief, this data correctly describes me, my qualifications and my experience Nguyen Duy Phuong ... SHEET The Dissertation of NGUYEN DUY PHUONG entitled HARMONIZATION OF PUBLIC COMPETITIVE TENDERING: EMPIRICAL EVIDENCE FROM THE MINISTRY OF HEALTH IN VIETNAM Submitted in Partial Fulfilment of the. .. procurement and bidding being done in the Ministry of Health as measured in terms of openness and transparency? 4) How can the ILT and the LLT be harmonized in the Ministry of Health using transparency... bidding are being done in the Ministry of Health as measured in terms of openness and transparency; to analyze how can the ILT and the LLT be harmonized in the Ministry of Health using transparency