Circular 07/2024/TT-BYT prescribing the procurement of drugs at public health facilities from May 17, 2024.
Circular 07/2024/TT-BYT on drug bidding regulations at public healthcare facilities effective from May 17, 2024
On May 17, 2024, the Minister of Health issued Circular 07/2024/TT-BYT stipulating drug bidding at public healthcare facilities.
Article 1 of Circular 07/2024/TT-BYT specifies the scope as follows:
- Circular 07/2024/TT-BYT prescribes drug bidding including chemical drugs (including radioactive drugs and markers), vaccines, biological products, herbal medicines, traditional medicines, herbal ingredients, and traditional medicinal ingredients at public healthcare facilities. This includes the division of bidding packages and drug groups, planning, forms, methods, and organization of drug supplier selection; centralized drug procurement and price negotiation using state funds, health insurance funds, revenues from medical examination and treatment services, and other legitimate revenues of public healthcare facilities.
- The purchase of drugs by retail pharmacies within public healthcare facilities must comply with Clause 2, Article 55 of the Law on Bidding and Clause 76, Article 5 of Decree 155/2018/ND-CP dated November 12, 2018, by the Government of Vietnam, amending and supplementing several regulations related to business investment conditions managed by the Ministry of Health. If a healthcare facility organizes drug bidding for its retail pharmacy within its premises, it shall follow the guidance of this Circular.
- The procurement of drugs by state orders or task assignment must comply with Decree 32/2019/ND-CP dated April 10, 2019, by the Government of Vietnam regarding the assignment, ordering, or bidding to supply public products and services using state budget from recurrent expenditure funds.
- The purchase of drugs used in medical examination and treatment at military or public health facilities shall follow the guidance of the Ministry of National Defense and the Ministry of Public Security.
- The procurement of whole blood and standard blood products must follow Circular 15/2023/TT-BYT dated July 20, 2023, by the Minister of Health, regulating the maximum price and service costs for determining the price of one unit of whole blood and standard blood products.
Circular 07/2024/TT-BYT on drug bidding regulations at public healthcare facilities effective from May 17, 2024 (Image from Internet)
How should the implementation report on drug supplier selection results at public healthcare facilities from May 17, 2024, be handled?
Article 5 of Circular 07/2024/TT-BYT outlines the implementation report on drug supplier selection results as follows:
- Within a maximum period of 10 days from the approval date of the drug supplier selection result, the head of the healthcare facility must report the result as follows:
+ Hospitals and institutes with hospital beds under the Ministry of Health, national drug procurement units report the drug supplier selection result to the Ministry of Health.
+ Local centralized drug procurement units and healthcare facilities under the management of provincial People's Committees report the supplier selection result to the provincial Department of Health.
+ Healthcare facilities under departmental health and other healthcare facilities report the supplier selection result to the competent authority that approves the supplier selection plan.
- Within a maximum period of 10 days from receipt of the drug supplier selection result report from the units as stated in Point b, Clause 1 of this Article, provincial Departments of Health shall compile and report to the Ministry of Health.
- Within a maximum period of 15 days from receipt of the supplier selection result reports from the units reporting to the Ministry of Health as stated in Point a, Clause 1, and Clause 2 of this Article, the Ministry of Health will publish the results on the Ministry's electronic information portal.
- Reporting formats and submission methods:
+ The report format follows Appendices 1 and 2 issued with Circular 07/2024/TT-BYT.
+ Reports are to be submitted in writing and via email to the Ministry of Health as follows:
++ One copy to the Drug Administration of Vietnam, Ministry of Health, email address: qlgiathuoc.qld@moh.gov.vn for original brand-name drug packages or equivalent therapeutic packages, and generic drug packages.- One copy to the Department of Traditional Medicine and Pharmacy Management, Ministry of Health, email address: quanlyduoclieu@moh.gov.vn for herbal medicine packages, traditional medicine packages, herbal ingredient packages, and traditional medicinal ingredient packages.
- By the 15th of the first month of each quarter, the health management authorities of Ministries, sectors, hospitals, and institutes with hospital beds under the Ministry of Health, national centralized drug procurement units, and provincial Departments of Health must compile and send a report on violations by suppliers during the selection and supply process in the previous quarter, as prescribed in Appendix 3 issued with this Circular, to the Ministry of Health (Planning - Finance Department for all bidding packages; Drug Administration of Vietnam for generic drug packages and original brand-name or equivalent therapeutic packages; Department of Traditional Medicine and Pharmacy Management for herbal medicine and traditional medicine packages, herbal and traditional medicinal ingredient packages) to compile and announce as a basis for the units to consider evaluating and selecting suppliers in the next period.
Who are the subjects to whom Circular 07/2024/TT-BYT applies?
Article 2 of Circular 07/2024/TT-BYT specifies the subjects as follows:
- Circular 07/2024/TT-BYT applies to agencies, organizations, and individuals involved or related to drug bidding activities.
- Public healthcare facilities operating under the Law on Enterprises with state capital shall follow the regulations in Circular 07/2024/TT-BYT.
- Private healthcare facilities participating in medical examination and treatment with health insurance shall follow the regulations in Clause 3, Article 55 of the Law on Bidding 2023 and Clause 7, Article 45 of Circular 07/2024/TT-BYT.
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