Is there Circular No. 14/2023/TT-BYT guiding the determination of budget limits for procurement of medical equipment at public health facilities in Vietnam?

Is there Circular No. 14/2023/TT-BYT guiding the determination of budget limits for procurement of medical equipment at public health facilities in Vietnam? - Question of Mr. Tri (Hanoi)

Is there Circular No. 14/2023/TT-BYT guiding the determination of budget limits for procurement of medical equipment at public health facilities in Vietnam?

On June 30, 2023, the Ministry of Health of Vietnam has just issued Circular No. 14/2023/TT-BYT on procedures for determination of budget limits for procurement of goods and services for medical equipment at public health facilities in Vietnam.

According to that, in Article 1 of Circular No. 14/2023/TT-BYT, the regulated entities and scope of this Circular are as follows:

Scope and regulated entities
1. This Circular provides for procedures for determination of budget limits for procurement of goods and services for medical equipment, including:
a) Procurement of medical equipment;
b) Procurement of spare parts, accessories and supplies for medical equipment;
c) Procurement of services of repair, maintenance, inspection, and calibration of medical equipment.
2. This Circular applies to public health authorities, units and facilities that procure goods and services as specified in Clause 1 of this Article and related organizations and individuals.

Thus, Circular No. 14/2023/TT-BYT provides for procedures for determination of budget limits for procurement of goods and services for medical equipment, including:

- Procurement of medical equipment;

- Procurement of spare parts, accessories and supplies for medical equipment;

- Procurement of services of repair, maintenance, inspection, and calibration of medical equipment.

This Circular applies to public health authorities, units and facilities that procure goods and services as specified in Clause 1 of this Article and related organizations and individuals.

At the same time, according to the provisions of Article 6 of Circular No. 14/2023/TT-BYT stipulating as follows:

Entry in force
This Circular comes into force as of July 1, 2023 to December 12, 2023.

Thus, the procedures for determination of budget limits for procurement of goods and services for medical equipment at public health facilities in accordance with Circular No. 14/2023/TT-BYT take effect from July 1, 2023 to December 31, 2023.

Is there Circular No. 14/2023/TT-BYT guiding the determination of budget limits for procurement of medical equipment at public health facilities in Vietnam?

Is there Circular No. 14/2023/TT-BYT guiding the determination of budget limits for procurement of medical equipment at public health facilities in Vietnam?

What is the method of determining budget limits for procurement of goods and services for medical equipment in Vietnam?

Article 2 of Circular No. 14/2023/TT-BYT stipulates as follows:

Method of determining budget limits for procurement of goods and services for medical equipment in Vietnam
1. When determining budget limits for the procurement of goods and services for medical equipment, the Investor (for the project) or the Procuring Entity (for regular procurement) (hereinafter referred to as the Investor) shall use any of the following methods:
a) Collect quotations provided by goods and services providers (hereinafter referred to as suppliers) for medical equipment;
b) Survey the successful bids of similar goods and services on the e-Government Procurement system (https://muasamcong.gov.vn);
c) The prices of assets, goods, and services which are valued by valuation authorities or companies as per the law on prices.
2. The first step in determining the budget limit is to collect quotations from suppliers. If this method is not feasible, one of the methods specified in Clause 1(b) or (c) of this Article shall be used.
3. If the Investor uses at least two methods specified in Clause 1 of this Article, they may choose the highest budget limit that meets their financial capacity and procurement practices requirements.

Thus, budget limits for the procurement of goods and services for medical equipment are determined by any of the following methods:

- Collect quotations provided by goods and services providers (hereinafter referred to as suppliers) for medical equipment;

- Survey the successful bids of similar goods and services on the e-Government Procurement system (https://muasamcong.gov.vn);

- The prices of assets, goods, and services which are valued by valuation authorities or companies as per the law on prices.

Shall plans for selection of preferred bidder that have been approved before July 01, 2023 remain valid?

Pursuant to Article 5 of Circular No. 14/2023/TT-BYT stipulating as follows:

Transitional provisions
1. Plans for selection of preferred bidder that have been approved before the date of entry into force of this Circular shall remain valid.
2. As for plans for selection of preferred bidder that have not been approved, the approving authorities shall either approve them or request the Investors to re-determine their budget limits as per this Circular.

According to the above provisions, plans for selection of preferred bidder that have been approved before July 1, 2023, shall remain valid.

Nguyễn Thị Hồng Nhung

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