Instructions for preparing bidding documents and request for proposals in Vietnam

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.