Guidelines for determination of budget limit for medical equipment and spare parts, accessories and supplies used for medical equipment in Vietnam

Guidelines for determination of budget limit for medical equipment and spare parts, accessories and supplies used for medical equipment in Vietnam (Internet image)

Circular 14/2023/TT-BYT stipulating the procedures for determination of budget limits for procurement of goods and services for medical equipment at public health facilities in Vietnam.

Determination of budget limit for medical equipment and spare parts, accessories and supplies used for medical equipment in Vietnam

(1) Determine the budget limit according to the supplier's quotations:

- Before determining the budget limit, based on the actual situation, the Investor shall, on their own or with the assistance of the Department of Health, establish the Council or assign an affiliated entity act as the Council (hereinafter referred to as the Council) to select the list of relevant medical equipment and requirements pertaining to basic functions and specifications;

- Based on the requirements pertaining to basic functions and specifications in point a, the Investor shall post a request for quotations (RFQ) using the form specified in the Appendix to Circular 14/2023/TT-BYT on e-Government Procurement or on the Portal or website of the Investor or the Portal of the Ministry of Health or the online public service portal on medical equipment management (https://dmec.moh.gov.vn) within at least 10 days from the RFQ posting date.

In case the Investor determines that there are only 1 or 2 suppliers in the Vietnamese market, it is allowed to directly send a RFQ to these supplier(s).

- After the expiry of the RFQ posting time, the Investor shall, based on the number of quotations received (even if only 1 or 2 quotations are received), either:

= set a budget limit at their own discretion, or

= Task the Council with considering a budget limit for the Investor to decide.

If there are at least two quotations, the highest one can be selected as long as it is suitable for their financial capacity and practices requirements.

- If the Investor needs to ensure technological compatibility, copyright, or immediate implementation, as stipulated in Point a, Clause 1, Article 22 of the Law on Procurement, they may send an RFQ directly to the supplier.

For example:

When determining the budget limit to buy tests and test kits of company A's testing machine, the investor is entitled to get a quote from company A, or a supplier designated and authorized by company A.

- The contents of the RFQ form are specified in the appendix issued with Circular 14/2023/TT-BYT.

(2) Determine the budget limit according to the successful bids of similar goods and services:

- Before determining the budget limit, the Investor selects or forms a Council to select the list of relevant medical equipment and requirements pertaining to basic functions and specifications.

- Based on the requirements pertaining to basic functions and specifications in point a, the Investor shall:

= Specify the period for referencing the successful bids: no more than 120 days from the date of submitting the plan for selection of preferred bidder for approval.

For example:  If the date of submission of the plan for selection of preferred bidder is August 1, 2023, the reference period is 120 days before this date.

= Review the successful bids posted on e-Government Procurement during the reference period.

= Summarize the review results and take further actions as prescribed in point c clause 1 of Article 3 of Circular 14/2023/TT-BYT.

(3) Set the budget limit based on the prices of assets, goods, and services which are valued by valuation authorities or companies as per the law on prices:

- Before determining the budget limit, the Investor selects or forms a Council to select the list of relevant medical equipment and requirements pertaining to basic functions and specifications;

- Based on the requirements pertaining to basic functions and specifications in point a, the Investor shall choose a valuation entity as per the law on procurement;

- Use the results provided by a valuation authority and not liable for such results.

Circular 14/2023/TT-BYT takes effect from July 1, 2023 to the end of December 31, 2023.

Duong Chau Thanh

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