What are the regulations on preparing bidding documents and request for proposals in Vietnam? - Quynh Huong (Dong Nai)
Instructions for preparing bidding documents and request for proposals in Vietnam (Internet image)
Regarding this matter, LawNet would like to answer as follows:
On May 17, 2024, the Government of Vietnam issued Circular 07/2024/TT-BYT.
Article 14 of Circular 07/2024/TT-BYT stipulates the preparation of bidding documents and request for proposals in Vietnam as follows:
- The bidding documents or RFP shall be prepared according to the following provisions:
+ Bidding documents for contract packages of herbal materials and traditional medicinal materials shall be prepared using the forms in Appendix IV enclosed with Circular 07/2024/TT-BYT;
+ Bidding documents for contract packages of original brand-name drugs; generic drugs; herbal drugs, drugs containing active ingredients combined with herbal materials or traditional drugs; traditional medicinal materials in the form of glue, granule, powder, extract, essential oil, resin, gum or jelly; semi-finished herbal materials in the form of glue, granule, powder, extract, essential oil, resin, gum or jelly shall be prepared using the forms in Appendix V enclosed with Circular 07/2024/TT-BYT;
+ Regarding contract packages of drugs, herbal materials and traditional medicinal materials applying shopping method: health facilities shall prepare appropriate bidding documents using the forms in Appendix IV and Appendix V enclosed with Circular 07/2024/TT-BYT and in conformity with provisions of point c clause 1 Article 45 of the Law on Bidding, clause 1 Article 79 of the Decree 24/2024/ND-CP.
+ RFP for contract packages of drugs applying common direct procurement or direct contracting procedure shall be prepared with reference to contents and forms of bidding documents and RFP issued by the Ministry of Health of Vietnam or the Ministry of Planning and Investment of Vietnam.
- Based on the drug supplier selection plan approved by a competent person, the expert team shall prepare bidding documents or RFP and submit them to the agency in charge of appraisal tasks (hereinafter referred to as "appraising agency").
Currently, according to the provisions of Article 27 of Circular 15/2019/TT-BYT, the regulations on preparing bidding documents amd request for proposals in Vietnam are as follows: - Bidding documents or request for drug procurement shall be prepared in accordance with Law on Bidding 2023 and the following instructional documents and provisions: + The bidding documents and request for drug procurements of proprietary drugs or equivalent drugs, generic drugs, herbal drugs and traditional drugs shall comply with the bidding documents applying one-stage one-envelop procedures specified in Appendix 7 or bidding documents applying one-stage two-envelop procedures specified in Appendix 8 enclosed with Circular 15/2019/TT-BYT. + The bidding documents and request for contract packages of traditional ingredients and herbal ingredients shall comply with the guidance of Ministry of Health on detailed bidding documents for procurement of herbal and traditional ingredients for health facilities. - According to the contractor selection plan approved by a competent authority, the procuring entity shall prepare the bidding documents or request for drug procurement and submit an application for approval to the appraising unit. - The bidding documents or request for drug procurement must specify that contractors shall not offer imported drugs in the same categories as drugs on the list of domestically manufactured drugs satisfying treatment, pricing and supply requirements published by the Ministry of Health issued together with Circular 03/2019/TT-BYT, to be specific: + Drugs on the list enclosed with Circular 03/2019/TT-BYT satisfying WHO-GMP technical criteria may not offer imported drugs satisfying technical criteria of category 5 specified in Clause 5 Article 7 of Circular 15/2019/TT-BYT. + Drugs on the list enclosed with Circular 03/2019/TT-BYT satisfying EU-GMP technical criteria may not offer imported drugs satisfying technical criteria of category 2 specified in Clause 2 Article 7 of Circular 15/2019/TT-BYT. - The bidding documents or request for herbs procurement must specify that contractors shall not offer imported herbs in the same categories as herbs on the list of domestically planted and collected herbs satisfying treatment, pricing and supply requirements published by the Ministry of Health. - Due to unexpected increase in demand, drugs on the list of domestically manufactured drugs satisfying treatment, pricing and supply capacity or herbs on the list of domestically planted and collected drugs satisfying treatment, pricing and supply capacity exceed supply capacity of domestic manufacturing facilities or health facilities, Ministry of Health shall decide the imported drug/herbs offering in the same technical criteria categories as drugs/herbs on the list of domestically manufactured drugs/domestically planted and collected herbs satisfying treatment, pricing and supply requirements in a certain time to ensure sufficient supply of drugs/herbs. |
More details can be found in Circular 07/2024/TT-BYT, which comes into force from July 1, 2024.
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