Officially annulling Circular No. 14/2020/TT-BYT on medical device bidding at public health facilities in Vietnam?
Annulling the Circular No. 14/2020/TT-BYT on medical device bidding at public health facilities in Vietnam?
On April 14, 2023, the Ministry of Health has just issued Circular No. 08/2023/TT-BYT on the annulment of a number of legislative documents issued by the Minister of Health.
According to that, Article 1 of Circular No. 08/2023/TT-BYT has the following provisions:
Annulling all three (03) legislative documents promulgated by the Minister of Health
1. Circular No. 03/2016/TT-BYT dated January 21, 2016 of the Minister of Health stipulating the trading of medicinal herbs.
2. Circular No. 31/2019/TT-BYT dated December 5, 2019 of the Minister of Health stipulating requirements for fresh milk products used in the School Milk Program.
3. Circular No. 14/2020/TT-BYT dated July 10, 2020 of the Minister of Health stipulating medical device bidding at public health facilities.
Thus, from April 14, 2023, officially annulled all of the following 03 documents:
- Circular No. 03/2016/TT-BYT stipulating trading in medicinal herbs promulgated by the Minister of Health
- Circular No. 31/2019/TT-BYT stipulating requirements for fresh milk products used in the School Milk Program issued by the Minister of Health.
- Circular No. 14/2020/TT-BYT stipulating medical device bidding at public health facilities issued by the Minister of Health.
Officially annulling Circular No. 14/2020/TT-BYT on medical device bidding at public health facilities in Vietnam?
How to handle device bidding packages approved before April 14, 2023?
Pursuant to Article 3 ofCircular No. 08/2023/TT-BYT stipulating as follows:
Transition Terms
For medical device packages that have been approved with the contractor selection plan before the effective date of this Circular, the unit may continue to comply with the provisions of Circular No. 14/2020/TT-BYT dated July 10, 2020 of the Minister of Health stipulating a number of contents in the bidding for medical device at public health facilities or carrying out procedures for adjusting relevant contents according to current regulations on bidding.
According to that, for medical device packages that have approved the contractor selection plan before April 14, 2023, the unit can continue according to the provisions of Circular No. 14/2020/TT-BYT regulating medical device bidding at public health facilities or carry out procedures for adjusting relevant contents according to current regulations on bidding.
At the same time, in Article 4 of Circular No. 08/2023/TT-BYT, the responsibility for implementation is assigned to the following competent persons:
- Chief of Office of the Ministry, Chief Inspector of the Ministry,
- Director of the Department of Medical Device and Construction,
- Director of the Department of Maternal and Child Health,
- Director of the Administration of Traditional Medicine and Pharmacy
- Heads of units under and under the Ministry of Health, Directors of Health Departments of provinces and cities and relevant agencies, organizations and individuals are responsible for implementing Circular No. 08/2023/TT- BYT.
What were the bases for preparation of the previous plan for selection of medical device contractor?
Pursuant to Clause 1, Article 6 of Circular No. 14/2020/TT-BYT stipulating as follows:
Preparation of the plan for selection of medical device contractor
In addition to regulations of the Law on Bidding No. 43/2013/QH13, Decree No. 63/2014/ND-CP and relevant guiding documents, the following regulations shall be complied with during preparation of the contractor selection plan:
1. The contractor selection plan is prepared annually or whenever it is necessary on the following bases:
a) For procurement of specialized medical devices: The procurement budget shall depend on allocated funds and approved quantities of specialized medical devices according to Circular No. 08/2019/TT-BYT;
b) For procurement of other medical devices: The procurement budget shall depend on the funding sources and actual procurement and use of medical devices of the previous year and estimated demand for the medical devices in the planning year.
2. The name of the contract package shall reflect its nature, content and scope; be suitable for the project or procurement budget. In case a contract package consists of separate parts, the contractor selection plan must specify the basic content of each part.
Thus, the contractor selection plan is prepared annually or whenever it is necessary on the following bases:
- For procurement of specialized medical devices: The procurement budget shall depend on allocated funds and approved quantities of specialized medical devices according to Circular No. 08/2019/TT-BYT;
- For procurement of other medical devices: The procurement budget shall depend on the funding sources and actual procurement and use of medical devices of the previous year and estimated demand for the medical devices in the planning year.
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