Regulations on selection of suppliers of drugs, chemicals, test equipment and medical devices in Vietnam

Regulations on selection of suppliers of drugs, chemicals, test equipment and medical devices in Vietnam

Pursuant to Article 55 of the Law on Bidding 2023, regulations on selection of suppliers of drugs, chemicals, test equipment and medical devices are as follows:

(1) Health facilities may adopt one of the following methods to selection of suppliers of chemicals, test equipment and medical devices:

- Selection of chemical or test equipment supplier whereby the selected supplier shall also provide medical devices serving the use of their supplied chemical or test equipment at the request of the employer; the supplier shall only transfer the rights to use medical devices to the health facility but retain ownership thereto;

- Selection of supplier by quantity of technical services:

The selected supplier shall only supply chemicals, test equipment, medical devices, spare parts, accessories and relevant services serving the operation or use of medical devices in the quantity of technical services specified in the bidding documents or RFP issued by the employer or procuring entity, without providing personnel in charge of operating such medical devices.

The supplier shall only transfer the rights to use medical devices to the employer but retain ownership thereto. The package and bid price shall be determined on the basis of the quantity of technical services to be supplied. Duration of a contract shall not exceed 05 years;

- Selection of supplier of medical devices, chemicals and test equipment: The selected supplier shall transfer the ownership to medical devices and chemicals, test equipment to the employer after the contract signed by and between the two parties becomes effective;

- Selection of medical device supplier in accordance with regulations of law on bidding;

- Selection of supplier of chemicals and test equipment used for operating existing medical devices;

- Selection of technical service supplier in accordance with the Law on Medical Examination and Treatment 2023.

(2) Regarding the procurement of drugs which are not covered by the health insurance fund or procurement of vaccines used in providing on-demand vaccination services, health facilities shall themselves decide the procurement of such drugs or vaccines in a manner that ensures openness, transparency, economic efficiency and accountability.

(3) Where a private health facility fails to apply the provisions of the Law on Bidding 2023 to its procurement of drugs, chemicals, test equipment and medical devices, it shall only be entitled to reimbursement by the health insurance fund of costs of such drugs, chemicals, test equipment and medical devices calculated according to the corresponding successful bid prices of provincial- or central-level public health facilities or a local health facility of same level of technical and operational procedures. If such reference successful bid prices are not available, the Government's regulations shall apply.

Regulations on selection of suppliers of drugs, chemicals, test equipment and medical devices in Vietnam (Internet image) 

Regulation of costs associated with the contractor selection in Vietnam

Pursuant to Clause 1, Article 15 of the Law on Bidding 2023, the costs associated with the contractor selection include:

- RFP, bidding documents used in domestic bidding, EOI request and prequalification document are issued free of charge on VNEPS;

- Bidding documents used in international bidding shall be issued on VNEPS; bidders shall make payment for purchase of electronic forms of the bidding documents when submitting their bids;

- Employers/procuring entities shall incur costs of publishing bidding information and other costs associated with the contractor selection;

- Bidders shall incur costs of preparing their EOIs, prequalification applications, bids, proposals, and participating in bidding, and settling bidding-related petitions (if any).

Mai Thanh Loi

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