Circular No. 09/2022/TT-BYT provides detailed models of tender invitation documents for purchasing traditional herbal medicines and traditional medicinal ingredients at public health facilities.

CIRCULAR

DETAILING THE BID INVITATION DOCUMENT MODEL FOR PROCUREMENT OF DRUG MATERIALS AND TRADITIONAL MEDICINE IN PUBLIC HEALTH CARE FACILITIES

Pursuant to the Law on Bidding No. 43/2013/QH13 dated November 26, 2013;

Pursuant to the Medicine Law No. 105/2016/QH13 dated April 6, 2016;

Pursuant to Decree No. 63/2014/NĐ-CP dated June 26, 2014 of the Government detailing certain provisions of the Law on Procurement regarding the selection of contractors;

Pursuant to the Decree No. 54/2017/NĐ-CP dated May 8, 2017 of the Government detailing some provisions and measures for implementing the Medicine Law;

Pursuant to the Decree No. 155/2018/NĐ-CP dated November 12, 2018 of the Government amending and supplementing certain regulations related to investment and business conditions within the scope of management of the Ministry of Health;

Pursuant to the Government's Decree No. 75/2017/NĐ-CP dated June 20, 2017 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

At the proposal of the Director of the Traditional Medicine Management Department,

The Minister of Health issues this Circular detailing the bid invitation document model for procurement of drug materials and traditional medicine in public health care facilities.

Article 1. Scope of Regulation

1. This Circular details the bid invitation document model for procurement of drug materials (including processed drug materials) and traditional medicine in open bidding and restricted bidding at public health care facilities using state capital, health insurance funds, income from medical services, and other lawful sources.

2. This Circular does not detail the bid invitation document model for procurement of semi-finished drug material products such as decoctions, powders, extracts, essential oils, resins, gums, and jellies that have been standardized, and traditional medicines prepared in the form of decoctions, powders, extracts, essential oils, resins, gums, and jellies that have been standardized.

3. The request documents for direct procurement, competitive bidding, and designated procurement of drug materials and traditional medicines shall be developed and issued by public health care facilities with reference to the guidance of the Ministry of Planning and Investment and certain contents in the bid invitation document model issued together with this Circular.

Article 2. Bid Invitation Document Model for Procurement of Drug Materials and Traditional Medicines

This Circular attaches the bid invitation document model for procurement of drug materials and traditional medicines for open bidding and restricted bidding within the country at public health care facilities as follows:

1. Model No. 01: Bid Invitation Document for Procurement of Drug Materials and Traditional Medicines applying the one-stage one-envelope selection method, detailed in Appendix I attached hereto.

2. Model No. 02: Bid Invitation Document for Procurement of Drug Materials and Traditional Medicines applying the one-stage two-envelope selection method, detailed in Appendix II attached hereto.

Article 3. Implementation Organization

1. The Traditional Medicine Management Department shall have the following responsibilities:

a) Regularly updating and posting on the Department’s website information as prescribed in Clause 4, Article 50 of Circular No. 15/2019/TT-BYT dated July 11, 2019 of the Minister of Health on bidding for drugs in public health care facilities (hereinafter referred to as Circular No. 15/2019/TT-BYT) and the following information:

- List of establishments engaged in planting, harvesting, and extracting drug materials and producing, wholesaling, retailing, exporting, and importing drug materials and traditional medicines (hereinafter collectively referred to as drug material business establishments) having warehouses meeting the principles and standards of Good Storage Practices for Drugs and Drug Ingredients (GSP) as prescribed in Circular No. 36/2018/TT-BYT dated November 22, 2018 of the Minister of Health on Good Storage Practices for Drugs and Drug Ingredients.

- List of business establishments having a Commitment Statement on the location of planting, harvesting, and extracting drug materials as prescribed in Circular No. 38/2021/TT-BYT dated December 31, 2021 of the Minister of Health on the quality of drug materials, traditional medicines, and traditional drugs (hereinafter referred to as Circular No. 38/2021/TT-BYT).

b) Organizing and guiding the implementation of this Circular nationwide.

2. Health care facilities shall have the responsibility to report the results of the tender packages as follows:

a) Health care facilities under the Ministry of Health shall submit reports on the implementation of drug material and traditional medicine tender packages to the Ministry of Health (Traditional Medicine Management Department) before October 31 each year.

b) Health care facilities under provincial and municipal health departments shall submit reports on the implementation of tender packages to their respective health departments before October 15 each year. The health departments shall aggregate these reports and submit them to the Ministry of Health (Traditional Medicine Management Department) before October 31 each year.

c) Health care facilities under sectoral health care and other health care facilities shall submit reports on the implementation of drug material and traditional medicine tender packages to the competent authority approving the tender plan.

3. The reporting format for the results of tender packages shall be implemented according to the provisions in Appendices III and IV attached to this Circular. Reports shall be submitted to the Ministry of Health (Traditional Medicine Management Department) in writing and electronically via the email address: [email protected].

Article 4. Transitional Provisions

1. Tender packages that have issued bid invitation documents and request documents before February 15, 2022 shall continue to be implemented according to the issued bid invitation documents and request documents. Drug materials and traditional medicines selected through the aforementioned bid invitation documents and request documents will continue to be used in medical examination and treatment facilities.

2. Tender packages that have issued bid invitation documents and request documents after February 15, 2022 and before the effective date of this Circular shall continue to be implemented according to the issued bid invitation documents and request documents and the provisions of Circular No. 38/2021/TT-BYT.

Article 5. Reference Provisions

In case the referenced documents in this Circular are replaced or amended, they shall be applied according to the replaced or amended documents.

Article 6. Effectiveness

1. This Circular takes effect from October 24, 2022.

2. Circular No. 31/2016/TT-BYT dated August 10, 2016 of the Minister of Health detailing the bid invitation document model for procurement of drug materials and traditional medicines in health care facilities shall cease to be effective from the date this Circular takes effect. During the implementation process, if there are difficulties or obstacles, agencies, organizations, and individuals are advised to promptly reflect these issues to the Ministry of Health (Traditional Medicine Management Department) for consideration and resolution.

During the implementation process, if there are difficulties or obstacles, agencies, organizations, and individuals are advised to promptly reflect these issues to the Ministry of Health (Traditional Medicine Management Department) for consideration and resolution./.