What is the roadmap for application of electronic selection of contractors in Vietnam in 2023? Is it true that the bidding package to buy drugs using state capital must be bid online?
What is the roadmap for application of electronic selection of contractors in Vietnam in 2023?
Pursuant to the provisions of Clause 2, Article 37 of Circular No. 08/2022/TT-BKHDT on the roadmap for application of electronic selection of contractors in Vietnam in 2023 as follows:
- Hold e-selection of contractors for all (100%) packages applying competitive bidding, limited bidding and shopping method in the fields of goods, drugs, construction works, non-consulting services, and consulting services with the package price not exceeding 200 billion VND except for mixed packages and contract packages under two-stage one-envelope, two-stage and two-envelope bidding procedure;
- The holding of e-selection of contractors in the year shall ensure that the total number of packages reaches at least 90% of the number of packages and total value of packages reaches at least 80% of the total value of packages applying the form of competitive bidding, limited bidding and shopping method, except for mixed packages and contract packages under two-stage one-envelope, two-stage and two-envelope bidding procedure
- Hold e-selection of contractors for all (100%) bidding packages applying competitive bidding, shopping method funded by state capital for procurement in order to maintain regular operations of regulatory agencies, political organizations, and socio-political organizations, socio-political-professional organizations, socio-professional organizations, social organizations, units of the people's armed forces, public service providers; except for mixed packages and contract packages under two-stage one-envelope, two-stage and two-envelope bidding procedure.
What is the roadmap for application of electronic selection of contractors in Vietnam in 2023? Is it true that the bidding package to buy drugs using state capital must be bid online?
What are the rules for selecting contractors online?
Pursuant to Article 85 of Decree No. 63/2014/ND-CP stipulating the rules for selecting contractors online as follows:
- When selecting contractors online, the procuring entity and bidders shall make a registration on the national bidding network.
- Each procuring entity shall issue free of charge the request for expression of interest, request for prequalification, invitation for bids, or request for proposals on the national bidding network.
- Each bidder shall submit only one bid-envelope or proposal on the national bidding network for each contract.
- The procuring entity shall open the bids on the national bidding network right after the deadline for submitting bids. If no bidders are interested, procuring entity shall request the investor to consider rearranging the online contractor selection; If fewer than 03 bidders submit their bids, the procuring entity shall open the bids immediately without following the procedures in Clause 4 Article 117 of Decree No. 63/2014/ND-CP.
- Electronic transaction documents and information posted on the national bidding network are considered original and as valid as paper documents, which are the basis for evaluation, verification, inspection, audit, and disbursement.
Is it true that the bidding package to buy drugs using state capital must be bid online?
On March 27, 2023, the Ministry of Health has just issued Official Dispatch No. 1647/BYT-KH-TC in 2023, transferring the Ministry of Planning and Investment's document on the roadmap for applying online drug bidding.
In Official Dispatch No. 1647/BYT-KH-TC in 2023, difficulties were mentioned as follows:
On May 31, 2022, the Minister of Planning and Investment issued Circular No. 08/2022/TT-BKHDT detailing the provision and posting of information on bidding and contractor selection on the National bidding network system.
Due to the lack of consensus in understanding and implementation of Clause 2, Article 37 of Circular No. 08/2022/TT-BKHDT dated May 31, 2022 of the Ministry of Planning and Investment, February 16, 2023, The Ministry of Health has issued Official Dispatch No. 698/BYT-KH-TC requesting the Ministry of Planning and Investment to provide guidance on clarifying the implementation from 2023 for drug procurement packages applying the form of open bidding, offering competitive offers with a bid package price of over VND 200 billion using the health insurance fund, revenue from medical examination and treatment services and other lawful incomes of public health facilities.
Thus, on May 31, 2022, the Minister of Planning and Investment issued Circular No. 08/2022/TT-BKHDT detailing the provision and posting of information on bidding and selection of contractors on National bidding network system.
However, due to the lack of consensus in the interpretation of regulations on the roadmap for applying online contractor selection in 2023, the Ministry of Health has issued Official Dispatch No. 698/BYT-KH-TC in 2023, requesting guidance for drug procurement packages applying the form of open bidding, competitive offers with a package price of over VND 200 billion using the health insurance fund, revenue from medical examination and treatment services and other lawful sources of revenue of public health facilities from 2023.
Then, to answer questions from the Ministry of Health, Official Dispatch No. 1253/BKHDT-QLDT responded to Official Dispatch No. 698/BYT-KH-TC as follows:
- For the procurement of drugs using state capital (including health insurance funds and revenues from medical examination and treatment services) for procurement in order to maintain regular operations in 2023 applying the form of open bidding, limited bidding, and competitive offers must organize online bidding.
- For bidding packages for purchasing drugs within the scope of the Procurement Law but not using recurrent expenditures, online bidding must be organized according to the provisions of Point a, Clause 2, Article 37 of Circular No. 08/2022/TT-BKHDT and Point b, Clause 2, Article 37 of Circular No. 08/2022/TT-BKHDT.
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