澳門特別行政區政府採購法律制度的改革進程和規範模式

In accordance with the MSAR Government’s stated intention to reform the legal systems of government procurement, the proposed “Public Procurement Law” aims to replace the existing Decree-Law no. 122/84/M, as amended by Law no. 5/2021, and Decree-Law no. 63/85/M, as well as certain provisions in Decree-Law no. 74/99/M that are still applicable and in effect. However, based on the content outlined in the draft of the “Public Procurement Law” made public by the Legislative Assembly, it can be inferred that the MSAR Government still needs to establish complementary regulations to supplement the core regulations of the new public procurement legal system. Consequently, the new legal system will not constitute a complete regulatory overhaul, as Decree-Law no. 74/99/M still retains its legal validity. The provisions of the newly formulated “Public Procurement Law” and its complementary regulation will only apply directly to matters not addressed in the Decree-Law no. 74/99/M or those provisions, after necessary adjustments and in compliance with the said Decree-Law, are applicable to the types of procurement procedures and relevant steps for establishing contracts for public works. Due to the coexistence of the new law and Decree-Law no. 74/99/M, certain provisions may overlap or conflict with each other. In the case of conflict, procuring entities and personnel may inadvertently apply legal provisions and carry out corresponding tasks improperly. It is recommended to re-examine and contemplate the regulatory model, as well as the design and arrangement of the content and structure of this legal system reform.