Vietnam: When shall public health facilities carry out contractor selection themselves?

According to Article 18 of Circular No. 15/2019/TT-BYT of the Ministry of Health of Vietnam, health facilities may carry out contractor selection themselves for drugs on the list of drugs for centralized bidding procurement and the list of drugs for procurement by price negotiation, ensure that time limit and quantity must not exceed demand for use within 12 months (from the receipt of written notification from centralized drug procurement units) if:

- The health facility needs to use a drug on the List of drugs for centralized bidding procurement or the list of drugs for procurement by price negotiation but the results of centralized contractor selection or price negotiation have not been published.

- The health facility needs to use a drug on the list of drugs for centralized bidding procurement or the list of drugs for procurement through price negotiation with a concluded supply contract but the selected contractor is unable to supply drugs and the receipt of notification from the centralized drug procurement unit of contractor selection self-organization.

- The health facility has used up the quantity of drugs specified in the framework agreement and exceeds the capacity specified in Clause 5 Article 37, Clause 13 Article 40 and Clause 12 Article 41 of this Circular.

- The health facility is established after the demand for drugs has been determined, and the increased demand exceeds the capability of the national centralized drug procurement center and the local centralized drug procurement unit.

Note: A health facility shall not carry out contractor selection for supply of drugs on the national list of drugs for centralized bidding procurement or local lists of drugs for centralized bidding procurement or list of price negotiation if the contractor selection result is available on the date of issuance of the bidding documents and a framework agreement has been published, except for the cases specified in Points b, c and d Clause 1 Article 18 of this Circular. If such health facility still carries out contractor selection and signs a contract with another contractor, the contract shall not be paid for.

View full text 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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