The Ministry of Health recently issued document 3314/BYT-KH-TC addressed to the Departments of Health of provinces and centrally-governed cities, and public healthcare facilities nationwide, regarding the procurement of medicines, testing materials, and medical equipment.
Procurement of up to 30% additional volume of corresponding items stated in the contract package
To ensure uninterrupted procurement of medicines, testing materials, and medical equipment, agencies and units can implement the following:
Organizing contractor selection with contract durations exceeding one year, in accordance with Clauses 1 and 2, Article 37, and Clause 3, Article 39 of the Law on Bidding. In this case, funding can be determined based on the annual procurement budget and projected procurement estimates for the following years.
Approval of the contractor selection plan for a competitive bidding package, with the option to procure up to 30% additional volume of corresponding items specified in the contract. In this case, the bid package price does not include the value of the additional procurement; the application of the additional procurement option is carried out in accordance with Clause 8, Article 39 of the Law on Bidding and Decree No. 24/2024/ND-CP detailing certain provisions and measures for implementing the Law on Bidding regarding contractor selection.
Organizing contractor selection this year for procurement in subsequent years as regulated in Clause 5, Article 16 of Decree No. 24/2024/ND-CP. In this case, the document submitting the contractor selection plan must project procurement estimates for subsequent years as the basis for determining the package price.
For bidding on the procurement of testing materials and medical equipment:
The formulation, appraisal, and approval of contractor selection plans; the preparation, appraisal, and approval of bidding documents or request documents; the evaluation of bidding or proposal documents; and the appraisal and approval of contractor selection results are implemented following the guidance in Circular No. 06/2024/TT-BKHDT and Circular No. 07/2024/TT-BKHDT issued by the Minister of Planning and Investment.
For bidding on the procurement of medicines:
The formulation, appraisal, and approval of contractor selection plans; the preparation, appraisal, and approval of bidding documents or request documents are implemented following the guidance in Circular No. 04/2024/TT-BYT, Circular No. 05/2024/TT-BYT, and Circular No. 07/2024/TT-BYT issued by the Minister of Health.
The evaluation of bidding or proposal documents, and the appraisal and approval of contractor selection results, are implemented following the guidance in Circular No. 07/2024/TT-BKHDT issued by the Minister of Planning and Investment. If difficulties or obstacles arise in implementing Circular No. 04/2024/TT-BYT, Circular No. 05/2024/TT-BYT, and Circular No. 07/2024/TT-BYT, agencies and units are advised to report to the Ministry of Health for guidance.
Selection of contractors supplying medicines at retail facilities within public hospitals
In this document, the Ministry of Health also guides the selection of contractors to supply medicines at retail facilities within public healthcare establishments, to be carried out under the provisions of Article 16 of Circular No. 07/2024/TT-BYT.
For medicines included in the list covered under health insurance as stipulated by health insurance regulations, public healthcare establishments can procure them through one or more of the following methods:
- Combine the quantity of medicines for retail with the quantity needed for general procurement and bidding of the healthcare establishment, and prepare a contractor selection plan in accordance with regulations.
- Separate the quantity of medicines for retail into one or more bidding packages, and prepare a contractor selection plan in accordance with regulations.
When applying any contractor selection method specified in Clause 1, Article 20 of the Law on Bidding, healthcare establishments must ensure compliance with the conditions, procedures, and processes prescribed by the Law on Bidding and Decree No. 24/2024/ND-CP. In such cases, healthcare establishments must note that the bid-winning price for medicines purchased for retail cannot exceed the bid-winning price of medicines with the same active ingredients, concentration, dosage, pharmaceutical form, and trade name already awarded and supplied to that healthcare establishment (including centrally-procured medicines and those subject to price negotiations).
For medicines not falling under the above category, public healthcare establishments may decide on procurement based on ensuring transparency, economic efficiency, and accountability without being required to comply with the Law on Bidding, Decree No. 24/2024/ND-CP, and Circular No. 07/2024/TT-BYT.