VietnameseCircular No. 01/2012/TTLT-BYT-BTC dated January 19, 2012 of the Ministry of Health and the Ministry of Finance guiding bidding of drugs procurement in the medical facilities
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Circular No. 01/2012/TTLT-BYT-BTC dated January 19, 2012 of the Ministry of Health and the Ministry of Finance guiding bidding of drugs procurement in the medical facilities
| Issuing body: | Ministry of Finance; Ministry of Health | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 01/2012/TTLT-BYT-BTC | Signer: | Nguyen Thi Xuyen; Nguyen Thi Minh |
| Type: | Joint Circular | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 19/01/2012 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Bidding - Competition , Commerce - Advertising , Medical - Health |
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MINISTRY OF HEALTH - MINISTRY OF FINANCE -------- | SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness --------------- |
No.: 01/2012/TTLT-BYT-BTC | Hanoi, January 19, 2012 |
JOINT CIRCULAR
GUIDING BIDDING OF DRUGS PROCUREMENT IN THE MEDICAL FACILITIES
Pursuant to the Pharmacy Law No.34/2005/QH11 dated 14/6/2005;
Pursuant to the Procurement law No.61/2005/QH11 dated 29/11/2005; the Law amending and supplementing some Articles of the Law relating to investment in basic construction No.38/2009/QH12 on 19/6/2009;
Pursuant to the Decree No.79/2006/ND-CP dated 09/8/2006 of the Government detailing the implementation of some Articles of the Pharmacy Law;
Pursuant to the Decree No.85/2009/ND-CP dated 15/10/2009 of the Government guiding the implementation of the Law on Procurement and selection of construction contractors under the Construction Law;
Pursuant to the Decree No.188/2007/ND-CP dated 27/12/2007 of the Government regulating functions, duties, powers and organizational structure of Ministry of Health;
Pursuant to the Decree No.118/2008/ND-CP dated 27/11/2008 of the Government regulating functions, duties, powers and organizational structure of Ministry of Finance;
Joint Circular of The Ministry of Health - Ministry of Finance guides bidding of drug procurement in the health facilities (hereinafter referred to as units) as follows:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of governing
1. This Circular guides a number of specific contents in the implementation of the bidding of drugs procurement of the units using funds from the state budget, health insurance funds and other legitimate sources of revenue for demand of disease prevention, medical examination and treatment to ensure conformity with the specific characteristics of the drugs under the provisions of the Pharmacy Law and documents guiding the Pharmacy Law.
2. Other contents related to the implementation of the bidding of drugs procurement of the units using funds from the state budget, health insurance funds and other legitimate sources of revenue for the demand of disease prevention, medical examination and treatment that are not be governed by this Circular shall comply with current provisions of law on procurement.
Article 2. Subjects of application
1. This Circular shall apply to:
a) The units using funds from the state budget, health insurance funds, and other legitimate sources of revenue to purchase drugs for the demand of disease prevention, medical examination, and treatment.
b) The concerned agencies and units engaging in the process of bidding of drugs procurement in accordance with current regulations.
2. This Circular does not apply in the following cases:
a) Drugs ordered by the State made payment by the state budget.
b) Medicinal herbs and traditional medicine.
c) Blood and blood products.
Article 3. Interpretation of terms
In this Circular, the following terms are construed as follows:
1. Original proprietary-name drugs: mean the drugs that are licensed for the first circulation, on the basis of full data on quality, safety, and efficiency.
2. Generic Drugs: mean finished drugs to replace a discovery drug manufactured without a franchise license of Discovery Company and marketed after the patent and monopolies have expired.
3. Bioequivalence: Two drugs are considered as bioequivalence if they are bio-equivalent drugs manufactured or manufactured substitutes and their bioavailability after taking the same dose in the same test conditions as similar leading to their treatment efficacy is considered basically to be equivalent each other.
4. Treatment equivalence: Two drugs are considered similar treatment if they are drugs manufactured similarly and after used the same dose, the efficacy of the drug including effectiveness and safety is basically the same.
5. Council of Drugs and Treatment: means a organization to consult for heads of the units on the issues related to drugs and treatment by drugs in the units.
Abbreviations:
- EMA (European Medicines Agency): The European Drug Administration.
- ICH (International, Conference on Harmonization): International conference on harmonization of procedures for registration of pharmaceuticals for human use.
- PIC/S (Pharmaceutical Inspection Co-operation Scheme): The system of cooperation in the pharmaceutical inspection.
- WHO (World Health Organization): The World Health Organization.
- VAT (Value Added Tax): Value Added Tax.
- HI: Health insurance.
- SI: Social Insurance.
- PC: People's Committee
Chapter II
SPECIFIC PROVISIONS
Section 1. Competence in bidding of drugs procurement
Article 4. Competence to approve the bidding plans of drugs procurement
1. Ministers, heads of ministerial-level agencies, Governmental agencies (referred to as the heads of the central agencies), Chairmen of People’s Committees of provinces and cities under central government (referred to as Chairmen of provincial-level People's Committees) are responsible for approving the bidding plan of drugs procurement for the public units under their management scope.
2. Chairmen of the Management Board (for the units with BOM) or heads of non-public units are responsible for approving the bidding plans of drugs procurement in case of signing contracts participating in medical examination and treatment of HI with SI agencies.
Article 5. Competence to approve bidding documents and approve the selection results for drugs supplier
1. Heads of the public units are responsible for approving bidding documents and approving the contractor selection results for drugs provision of their own units.
2. Where organizing centralized bidding as stipulated in Point a, Clause 3, Article 26 of this Circular, the Chairmen of provincial-level People's Committees assign the Directors of Health Departments to perform duty of investors and to be responsible for approving bidding documents and approving contractor selection results for drugs provision for the units under its respective management scope.
3. Heads of the non-public units signing contracts of medical examination and treatment of HI with SI agencies taking responsibility for approving bidding documents and approving contractor selection results for drugs provision of their own units.
Section 2. The bidding plan of drugs procurement
Article 6. Bases for the bidding plan
1. The bidding plan is established based on:
a) The estimate of state budget expenditures of the plan year assigned by the State competent agencies and other legal sources of revenue of the public units.
b) Contracts of medical examination, treatment of HI between the units and SI agencies.
c) The actual situation of procurement and use of drugs of the previous year.
d) The expectation of demand for drugs of the plan year.
Where the units have not yet been assigned estimates of state budget expenditure of plan year or not yet signed contracts of medical examination and treatment of HI, the bases for making the bidding plan must ensure fully 03 remaining bases as provided of in this Article.
2. The bidding plan is made at least 01 time/year.
Article 7. Division of bidding package
Heads of the units define the division of drugs bidding package according to using needs of the units as follows:
1. Drug bidding packages by generic name.
Drug bidding packages by generic name may have one or more drugs under generic names. Each drug by generic name which is divided into groups based on technical criteria and technology standards is licensed as follows:
a) Group of drugs produced in the countries participating in EMA, or ICH or PIC/S.
b) Group of drugs produced in the drug-manufacturing facilities meeting principles, standards of GMP-WHO as recommended by WHO inspected and issued certificate by the Ministry of Health of Vietnam (Drug Administration).
c) Group of drugs not being of the groups mentioned in point a and b of this clause.
d) Where the drugs produced according to franchising of drug manufacture in Vietnam under the provisions of law, based on the basis of transferring the right of drug production to divide this drug into one of the groups of drugs as prescribed at Point a, b and c, this clause accordingly.
đ) Group of drugs demonstrated bioequivalence announced by the Health Ministry.
2. Drugs bidding package by of proprietary- name
If in a year, it needs to use proprietary-name drugs to serve the needs of special treatment of the units, based on the consent of the Council of Drug and Treatment of the units, the units shall make bidding package by proprietary- name drugs. The drugs that are included in drugs bidding packages by proprietary- name include:
a) The original proprietary-name drugs or drugs with similar treatment with the original proprietary-name drugs announced by the Health Ministry.
b) Drugs on the list of rare drugs issued by the Health Ministry.
3. Oriental drugs bidding packages or drugs from medicinal herbs.
Article 8. The contents of each bidding package in the bidding plan
1. Name and contents of bidding package:
a) For the drugs bidding packages by generic name, contents of the bidding package include names of active substances, the concentration or content, dosage form, unit, quantity and planned price including VAT. If the drug is a mixture of many components, it must inscribe fully the ingredients of drug by generic name.
b) For the bidding packages by proprietary-name, contents of the package include drug name, names of active substances, the concentration or content, dosage form, unit, quantity and planned price including VAT and must be accompanied by the phrase "or equivalent treatment".
c) For packages of oriental medicines or drugs from medicinal herbs, the contents of bidding package include drug name, dosage form, unit, quantity and planned price included VAT.
2. Price of bidding packages
a) The bidding package price is the total value of drugs in the package.
b) Prices of drugs used in the bidding plan shall not be higher than the maximum price of each drug that had been published in the nearest time of the Ministry of Health.
c) Where maximum price has not yet been announced, when the bidding plan of drugs procurement, the units must:
- Refer drug prices which were won bidding within 12 previous months of the units updated and published on the website of the Drug Administration by the Ministry of Health (Drug Administration) (address: http:// www.dav.gov.vn) for used as a basis for setting up plan of each drug.
- For the drugs that have not got price won the bidding or planned price higher than drug price won the bidding announced by the Ministry of Health within the previous 12 months, the unit must refer the quotation, or sale invoices of at least 03 drugs suppliers on the market at the time of setting up the bidding plans; at the same time ensure the planned price of drugs in the bidding plan does not exceed the wholesale price declared, re-declared that is still valid of the drugs being referred.
- The drug items having few suppliers, having inadequate 03 quotations, or sale invoices, heads of the units based on the quotations, or sale invoices of the suppliers of those drugs, explanation on the planned prices of drugs proposed by the units that were consistent with prices of those drugs on the market at the time of setting up bidding plan.
3. Capital.
The units must specify funds used to pay for drugs in the bidding plan.
4. Contractor selection forms
The bidding for drugs as prescribed in this Circular is applied the form of open bidding in the country, in terms of goods. In case of using other forms of bidding, it should clearly explain for the competent persons to consider and decide.
5. Method of bidding
The bidding for drugs as prescribed in this Circular shall comply with the method of 01 package of documents.
6. Time for organizing selection of contractors for each bidding package shall comply with the provisions of the law on procurement.
7. Form of contract shall comply with the provisions of the law on procurement and economic contract.
Article 9. Submission for approving the bidding plans
1. Responsibility forsubmission for approval:
Units’ heads shall submit 01 set of dossier for approving bidding plans (the original) to competent person as defined in Article 4 of this Circular for consideration and approval of bidding plans of drugs procurement and send 01 set of dossier for approving bidding plans of drugs procurement (original) to the agencies or organizations in charge of appraisal as prescribed in Clause 1, Article 10 of this Circular. Dossier may be sent by mail or sent directly through archives of the agencies to manage under the current regulations.
2. Dossier submitted for approving bidding plan includes:
a) Documents submitted for approval
- An application for approval of bidding plan of drugs procurement with full contents specified in Article 8 of this Circular and the total value of the bidding packages in the bidding plan submitted for approval by the unit.
- The brief report on results of implementing drug procurement bidding plan of the preceding year and briefly explaining the drug procurement bidding plan which is being submitted for approval. When the number and value of drugs have changed compared to the preceding year, the unit needs an explanation.
b) Documents accompanied application for approval
- The documents used as a basis for planning drug procurement bidding provided for in Article 6 of this Circular.
- Minutes of meetings of the Council of drugs and treatment of the units on the bidding plan of proprietary-name drugs procurement within year as prescribed in Clause 2, Article 7 of this Circular.
- The decision to approve the list, quantity, and planned price of each drug item in each bidding package of the unit head.
Article 10. Appraisal of the bidding plans
Drug procurement bidding plans must be evaluated before submitted to the competent persons for consideration and approval.
1. Agencies, organizations of appraisal
a) For the central public units: the heads of the central agencies shall decide the agencies, organizations to evaluate the drugs procurement bidding plans.
b) For the local public units (including the case of centralized bidding organization in the Departments of Health under the provisions at Point a, Clause
3, Article 26 of this Circular): Chairmen of the PPC decide to assign the Departments of Health to preside over and coordinate with the concerned agencies in the localities for evaluating the drugs procurement bidding plans.
c) For the non-public units contracted medical examination, treatment of HI with the SI agencies: Chairmen of the BOM (for units with the BOM) or the heads of the units decide the agencies, organizations to evaluate the drugs procurement bidding plans.
2. The duties of the appraisal agencies, organizations
a) The appraisal agencies or organizations are responsible for inspection and evaluation of the contents specified in Article 6, Article 7, Article 8 and Article 9 of this Circular within a period of not exceeding 10 working days from the date of receiving all the concerned documents. In case of insufficient documentation in accordance with provisions, the appraisal agencies or organizations are responsible for guiding the supplementation of documents and returning dossier for the unit within 5 working days from the date of receiving the documents.
b) Agencies or organizations appraising the drug procurement bidding plan must make report on the appraisal results on the basis of compliance with the provisions in Article 65 of the Procurement law, together with 01 set of the dossier submitted for approval of bidding plan of the appraised unit (copies) to the competent persons defined in Article 4 of this Circular for consideration and approval of drugs procurement bidding plan within 03 working days from the date of completion of the inspection and evaluation prescribed at Point a, Clause 2 of this Article. Documents submitted for approval are sent by mail or sent directly through the archives of agency of the competent persons to approve bidding plan for management under current regulations.
Article 11. Approval of the bidding plans
Competent persons to approve drugs procurement bidding plans provided for in Article 4 of this Circular shall have approved the drugs procurement bidding plans for a period of not exceeding 05 working days after receiving complete appraisal reports of the agencies and organizations in charge of appraisal.
Section 3. The bidding documents
Article 12. Establishment of bidding documents.
Dossier for invitation for drugs bid is built under the provisions of the Procurement law, the written guidance of the current Law and guidance of the Ministry of Health on the establishment of dossier for invitation for drugs bid in the health facilities.
1. Responsibility forsubmission for approval
Based on the bidding plan approved by the competent authority, the team of bidding experts established by the unit head shall compile and submit for approval of bidding documents to the unit head and agency or organization evaluating bidding documents for a period of not more than 15 working days after receiving the bidding plan that has been approved by competent authority.
2. Contents of bidding documents
To comply with current regulations and guidance on bidding documents for procurement of goods, the provisions in Article 7 and Article 8 of this Circular and guidance of the Ministry of Health; to comply with the provisions of Clause 72, Section I, Part I of plan to simplify the administrative procedures under the management functions of the Health Ministry issued together with the Resolution No.62/NQ-CP dated 17/12/2010 of the Government, specifically bidding documents may not be required or forced the contractors to submit the papers, or meet conditions as follows:
a) Certificate of Pharmaceutical Product (CPP);
b) Certificate of Good Manufacture Practice (GMP);
c) Certificate of origin of raw materials, materials standards, notarized license for distribution of products in Vietnam;
d) The quality standards and methods of testing of finished drugs;
đ) Drugs’ registration number is required to be valid for more than 06 months.
Article 13. Appraisal of bidding documents
1. Dossier for invitation for drugs procurement bid must be evaluated before submitted to the competent persons for consideration and approval.
2. Agency, organization evaluating bidding documents shall be decided by the unit head. In the case of centralized procurement organization as stipulated at Point a, Clause 3, Article 26 of this Circular, Director of Department of Health decides to establish an organization evaluating bidding documents.
3. The obligations of the appraisal agencies, organizations
a) The appraisal agencies, organizations are responsible for inspecting and evaluating the contents of bidding documents in accordance with the Procurement Law, the current guidelines on procurement and other regulations in this Circular for a period of not more than 10 working days from receipt of all concerned documents.
b) Agency, organization evaluating bidding documents shall prepare a report of the result of appraising bidding documents as prescribed by current law on procurement, together with 01 set of bidding documents (copy) to submit to the unit head for review and approval of bidding documents within 03 working days from the date of completion of the inspection and evaluation as prescribed at Point a, Clause 3 of this Article. Documents submitted for approval are sent by mail or sent directly through the agency achieves of persons competent to approve bidding plan for management under current regulations.
Article 14. Approval of bidding documents
The unit heads are responsible for approving bidding documents for a period of not more than 05 working days after receiving the full evaluation reports of the agencies or organizations presiding over the evaluation of bidding documents.
Section 4. Contractor selection results
Article 15. Evaluation of bids
The bidders submit 03 sets of bids (01 original and 02 copies) to invite tendering party. Method of submitting documents and period of validity of the documents shall be specified by the invite tendering party on the basis of the provisions of Procurement Law. The invite tendering party evaluates the bids by each item in each package, in compliance with the provisions of the Procurement law, the law guiding documents, and guidelines of the Ministry of Health.
Article 16. Review and approval for winning bid
1. The review and approval for winning bidmust comply with the provisions of the Procurement Law, the law guiding documents, and guidelines of the Ministry of Health.
2. For drugs bidding packages by generic name: Each group of drugs under generic name specified in clause 1 of Article 7 of this Circular is considered for bid winning only 01 type of drug meeting the technical requirements and quality specified in the bidding documents and with bid price evaluated as lowest in the group of drugs.
3. For drugs bidding packages under the proprietary name and oriental-drug bidding packages or drugs from the pharmaceutical herbs: Each drug shall be considered bid winning only 01 type of drug with bid price evaluated as lowest in the items meeting the technical requirements and quality specified in the bidding documents
4. Giving priority winning selection of drugs produced domestically with similar quality and price not higher than drugs imported at the time of bidding.
Article 17. Submission for approval of contractor selection results
1. Responsibility for submission for approval
Agencies, organizations assigned by heads of the units the task of bidding organization shall review and approve the bid winning and report the results of selection of contractors to unit heads, and send to the agencies and organizations in charge of evaluating the results of selection of contractor stipulated in Clause 1, Article 18 of this Circular 01 set of dossier submitted for approval of contractor selection result within 45 days after bid opening is made.
2. Dossier submitted for approval of contractor selection results
a) 01 original of report on the evaluation of bids and proposals for bid winning
b) 01 set of bidding documents (copies) that has been evaluated and approved as prescribed in Articles 12, 13, 14, 15 and 16 of this Circular and the current provisions of law on procurement.
Dossier submitted for approval of contractor selection results is sent by mail or sent directly through achieves of agencies and organizations in charge of evaluating results of selection of contractors for management under the current regulations.
Article 18. Appraisal of results of contractor selection
1. Agencies, organizations appraising the contractor selection results shall be decided by the unit head.
2. The tasks of the appraisal agencies, organizations
The appraisal agency or organization is responsible for the inspection, evaluation, and compilation of report of contractors selection results under the provisions of this Circular and the current provisions of law on procurement within a period of not exceeding 15 working days from the date of receipt of all relevant documents to submit to the unit head for review and approval of contractor selection result.
3. Dossiers submitted for approval of contractor selection results includes:
a) 01 original of report on contractor selection result.
b) 01 set of dossier submitted for approval of contractor selection result (copy) of the agency or organization assigned the task of organizing the bidding prescribed in Clause 2, Article 17 of this Circular.
Dossiers submitted for approval of contractor selection results is sent by mail or sent directly through achieves of agencies and organizations in charge of evaluating results of selection of contractors for management under the current regulations.
Article 19. Approval and notification of results of contractor selection
1. The unit head is responsible for approval of contractor selection results under the current provisions of law on procurement within 03 working days after receiving the full dossier submitted for approval of contractor selection results of the appraisal agencies, organization as provided for in Clause 3, Article 18 of this Circular.
2. Unit head shall notify the contractor selection results under the current provisions of law on procurement.
Article 20. Bid winning drug prices
1. Bid winning priceof each drug item is not be higher than price of such drug item in the bidding plan that has been approved by competent authority.
2. When there is any drug item in the drug bidding package that bid prices of all bidders are higher than the planned price of the drug item that has been approved by competent authority, head of unit shall notify in writing that there is no winning bidder and cancel the bidding of such drug item to make a re-selection of contractor under the current provisions of law on procurement.
Where necessary, it must ensure adequate drugs to meet the needs of medical examination and treatment of units, the unit heads (or the Directors of Health Departments in case the Departments of Health organize the centralized bidding) are considered and decided the selection of drugs won bidding on the basis of the written requests of the Council of Drug and Treatment of the units (or agencies or organizations presiding over the evaluation of the bidding results in the case Departments of Health organize the centralized bidding) if it satisfies sufficiently the following conditions:
a) Prices of drugs approved for bid winning do not exceed the maximum prices of those drugs published by the Ministry of Health at the nearest time. In the case of maximum prices have not yet been announced, the prices of drugs approved for bid winning shall not exceed the wholesale price declared, re-declared which are still valid of those drugs.
b) The total value of drugs won biding shall not exceed the price of drugs bidding package approved by the competent authority in the bidding plan.
Section 5. Other provisions
Article 21. Report on the results of contractor selection
1. Within 30 working days after the results of selection of contractors have been approved, heads of units shall report the results of selection of contractors to the agencies approved the bidding plans.
2. The hospitals, institutes with hospital beds under the Ministry of Health, provincial-level hospitals and non-public units contracted medical examination, treatment of HI send the reports on contractor selection results by form in the annex enclosed with this Circular to the Ministry of Health (Drug Administration) to be posted on the website of the Drug Administration for used as a basis for reference to make the planned price. Report sending forms: Written or electronic mail (address: [email protected]).
Article 22. Costs in bidding
To comply with the current provisions of the Procurement law and documents guiding the current law.
Article 23. In case of the application of other forms of contractor selection
In special cases, to avoid drug shortages affecting professional activities, the units may apply other method of selecting contractors to purchase limited amount of drug, specifically as follows:
1. The cases of drugs procurement are applied another form of the contractor selection
a) Drugs on the list of rare drugs arising unexpectedly according to demand of special treatment issued by the Health Ministry not been yet included in the bidding plans.
b) The drugs which have not included in the list of drugs under the bidding plan of drugs procurement in year approved by the competent authorities to meet the need of professional activities in case of emergency, such as epidemics, natural disasters, and serious affect on damage the health of patients.
c) The drugs which have included in the list of drugs under the bidding plan of drugs procurement in year approved by the competent authorities, but have not yet got the bidding results or it fails to select the bid winners, and needed to buy urgently to meet demand of professional activities in case of urgency.
d) Drugs included in the bidding plan of drugs procurement approved, but during a year its demand for use exceeded the planned number that has been approved by competent authorities. The number of drugs purchased exceeding the plan in a year does not exceed 20% of drugs that has won the bid. The limit of all types of drugs purchased exceeding the plan in a year in the hospitals depending on the grades of hospitals as classified by the Ministry of Health, specifically: The Hospitals of level 3, 4 are purchased not more than 600 (six hundred) million VND; hospitals of grade 1 and grade 2 are purchased not more than 01 (one) billion VND; hospitals of special grade are purchased not more than 02 (two) billion VND.
2. Requirements as procurement
a) Councils of Drug and Treatment of the units consider and recommend in writing to the heads of the units.
b) The drugs that are permitted for circulation in Vietnam and meeting the requirements of quality, expiry under the current regulations.
c) On the purchase price of drugs: The units must refer 03 quotations, or sale invoices of suppliers, wholesale price declared, re-declared and refer the prices published on the website of the Drug Administration as basis for consideration and signing contracts with suppliers.
3. When buying drugs in the above cases, the unit heads decide the form of procurement in accordance with the current provisions of law on procurement.
Article 24. Examination, inspection and handling of violations
The examination, inspection and handling of violations shall comply with current regulations of the Procurement law.
During the examination, inspection, if detecting violations of the law, depending on the nature and extent of violations, it shall handle according to the current provisions of the Procurement law and the provisions of the Law on Inspection.
Chapter III
IMPLEMENTATION PROVISIONS
Article 25. Effect
1. This Circular takes effect as from June 01, 2012.
2. To annul the Joint Circular No.10/2007/TTLT-BYT-BTC dated 10/08/2007 of joint Ministries of Health - Finance guiding the implementation of drug procurement in the public health facilities.
Article 26. Organization of implementation
1. The Health Ministry is responsible for announcing the list of countries participating in EMA, ICH, PIC/S, the drug manufacturing facilities meeting the principles, standards of GMP-WHO as recommended by the WHO and inspected, issued certificates by the Ministry of Health of Vietnam (Drug Administration); the list of original proprietary-name drugs, drug with equivalent treatment with original proprietary-name drugs; the list of drugs documented bioequivalence.
2. The heads of the central agencies direct the subordinate units to perform drug procurement in accordance with provisions on this Circular and the current provisions of law on procurement.
3. Chairmen of provincial-level People's Committees shall decide on the bidding of drugs procurement at the subordinate units under one of the following specific forms:
a) To assign the Department of Health to organize the centralized bidding for the subordinate units. The units based on the notification of winning result from the Health Department to negotiate and conclude contracts for the drugs supply under current provisions.
b) To direct the subordinate units and non-public units contracted medical examination, treatment of HI with the SI agencies in the province to apply the results of contractor selection of provincial-level general hospitals that were approved by the competent authorities to buy drugs in the form of direct procurement in accordance with current provisions of legislation on procurement.
c) The units self-organize the bidding for drugs procurement according to the needs for use of each unit.
4. The SI agencies participate in the Councils appraising the bidding plans, bid evaluation team and in the evaluation of the results of the contractor selection of the bidding units of drugs procurement from health insurance funds as designated by the General Director of Social Insurance Vietnam.
5. For the bidding packages submitted for approval of the bidding plan before the effective date of this Circular, shall comply with the provisions of the Procurement Law, the Law amending and supplementing some Articles of the Law relating to investment in basic construction, Decree No.85/2009/ND-CP dated 15/10/2009 of the Government; Pharmacy Law dated 14/6/2005 and Decree No.79/2006/ND - CP dated 09/8/2006 of Government; the provisions of Circular No.10/2007/TTLT-BYT-BTC dated 08/10/2007 of the joint Ministries of Health - Finance guiding the implementation of drug procurement in the public health facilities to ensure compliance with the provisions of the Procurement law and documents guiding the Law on Procurement.
During the implementation, if any problem arises, the concerned units should reflect to the Ministry of Health - Ministry of Finance for study and settlement./.
FOR MINISTER OF FINANCE DEPUTY MINISTER Nguyen Thi Minh | FOR MINISTER OF HEALTH DEPUTY MINISTER Nguyen Thi Xuyen |
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