Vietnam: 04 conditions for application of direct procurement for contractor selection for supply of drugs

According to Article 23 of Circular No. 15/2019/TT-BYT of the Ministry of Health of Vietnam, direct procurement shall be applied when all of the conditions below are satisfied:

- The contractor has won the contract through competitive bidding or selective bidding and has signed a contract earlier;

- The current procurement includes similar drugs and the value is smaller than 130% of the earlier contract. If the drug of the direct procurement is one of the drugs of a similar contract signed earlier, the value of the direct procurement must be smaller than 130% of that of the same kind of drug of the earlier contract;

- Unit prices of drugs of the direct procurement do not exceed those of corresponding drugs in the earlier contract and suitable for the successful bids announced at the time of approval for contractor selection plan;

- The period of time from the signing date of the earlier contract to the date on which the direct procurement result is approved must not exceed 12 months. In a 12-month period, a health facility may make only one procurement of each product in the earlier contract. In special cases, the health facility shall submit a document to the competent person specified in Clause 1 Article 17 of this Circular for consideration.

If the previous contractor is no longer capable of executing the direct procurement contract, another contractor who satisfies the requirements (in terms of capacity, experience, technology and prices) in the bidding documents and the previous contractor selection result may be selected.

The direct procurement procedures are specified in Article 60 of Decree No. 63/2014/ND-CP of Vietnam’s Government.

Other provisions can be found in Circular No. 15/2019/TT-BYT of the Ministry of Health of Vietnam, which takes effect from October 01, 2019.

Thu Ba

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