Circular No. 31/2016/TT-BYT details the model tender dossier for purchasing traditional herbal medicines and remedies at public and private healthcare facilities. This Circular applies to open tenders, restricted domestic tenders, and provides guidance on implementation.
适用范围
Public healthcare facilities using state capital, health insurance funds, revenue from medical services, and other lawful sources; private healthcare facilities using health insurance funds.
要点
- Public healthcare facilities → must comply with this Circular when purchasing traditional herbal medicines and remedies;
- Private healthcare facilities → must also comply with this Circular when purchasing traditional herbal medicines and remedies;
- The model tender dossier → includes Model 1 (applicable for single-stage single-envelope tendering) and Model 2 (applicable for single-stage two-envelope tendering);
- The Traditional Medicine Management Department → is responsible for updating information on contractors, herbal medicines, storage facilities, and processing units;
- The Director of the Health Department of provinces/cities directly under the central government → is responsible for implementing, inspecting, summarizing, and concluding the execution of this Circular at the local level;
🌐 本文件的社会影响
- Positive impact: Saves time and effort for healthcare facilities when purchasing traditional herbal medicines and remedies;
- Negative impact: May increase initial costs due to the need to comply with the new tender dossier model;
- Benefit: Reduces risks related to the quality of herbal medicines, ensuring patient safety;
- Cost: Increases time and effort required to prepare the tender dossier;
❓ 常见问题
Which healthcare facilities must comply with this Circular?
Public healthcare facilities using state capital, health insurance funds, revenue from medical services, and other lawful sources; private healthcare facilities using health insurance funds;
What does the model tender dossier include?
The model tender dossier includes Model 1 (applicable for single-stage single-envelope tendering) and Model 2 (applicable for single-stage two-envelope tendering);
What responsibilities does the Traditional Medicine Management Department have?
The Traditional Medicine Management Department is responsible for updating information on contractors, herbal medicines, storage facilities, and processing units;
What actions must the Director of the Health Department of provinces/cities directly under the central government take?
The Director of the Health Department of provinces/cities directly under the central government is responsible for implementing, inspecting, summarizing, and concluding the execution of this Circular at the local level;
When does this Circular come into effect?
This Circular takes effect from September 26, 2016.
全文
CIRCULAR
REGULATIONS ON THE MODEL OF BID INVITATION DOCUMENTS FOR PROCUREMENT OF DRUG MATERIALS AND TRADITIONAL MEDICINE IN HEALTH CARE FACILITIES
Pursuant to the Law on Bidding No. 43/2013/QH13 dated November 26, 2013;
Pursuant to the Medicine Law No. 34/2005/QH11 dated June 14, 2005;
Pursuant to the Decree No. 63/2014/NĐ-CP dated June 26, 2014 of the Government detailing the implementation of certain Articles of the Bidding Law on selecting contractors;
This Circular prescribes procedures for receiving, providing health care for domestic violence victims and statistical reports on domestic violence victims at medical facilities.
At the proposal of the Director of the Traditional Medicine Management Department,
The Minister of Health issues this Circular to detail the model of bid invitation documents for procurement of drug materials and traditional medicine at health care facilities.
Article 1. Scope of Regulation, Applicability
Article 1. This Circular stipulates the model of bid invitation documents for procurement of drug materials and traditional medicine at public health care facilities using state capital, health insurance funds, revenue from medical services, and other lawful sources, and at private health care facilities using health insurance funds.
Article 2. In addition to the provisions of this Circular, agencies, organizations, and individuals participating in or related to bidding and procurement activities of drug materials and traditional medicine must comply with the provisions of Circular No. 11/2016/TT-BYT dated May 11, 2016 of the Minister of Health on bidding for medicines in public health care facilities (hereinafter referred to as Circular No. 11/2016/TT-BYT) and other relevant legal documents.
Article 2. Bid Invitation Document Model for Procurement of Drug Materials and Traditional Medicines
Attached to this Circular are the models of bid invitation documents for procurement of drug materials and traditional medicine at health care facilities as follows:
1. Model 1: Bid invitation document for procurement of drug materials and traditional medicine applicable to open bidding and limited domestic bidding packages with one-stage one-envelope selection method.
2. Model 2: Bid invitation document for procurement of drug materials and traditional medicine applicable to open bidding and limited domestic bidding packages with one-stage two-envelope selection method.
Article 3. Implementation Organization
Article 3. The Department of Traditional Medicine Management shall be responsible for regularly updating the following information on the Department's website:
a) List of contractors meeting the requirements of capacity, experience, and reputation in bidding for drug materials and traditional medicine according to the decision of the Minister of Health;
b) List of medicinal materials that have received a Receipt of Declaration of Medicinal Material Production under GACP-WHO;
c) List of entities holding Import Permit for medicinal materials;
d) List of entities having warehouses for storing medicinal materials that meet the Good Storage Practice principles for medicinal materials;
e) List of entities and medicinal materials and traditional medicines that have registration numbers or declarations of standards;
f) List of entities that have violated quality standards for medicinal materials and traditional medicines according to the laws on medicines and laws on product and commodity quality;
g) List of medicinal material samples according to the decision of the Minister of Health.
Article 4. Transitional Provisions
1. Bid invitation documents of tender packages that have issued bid invitation documents and request documents before the effective date of this Circular shall continue to be implemented in accordance with the Bidding Law, Decree No. 63/2014/NĐ-CP dated June 26, 2014 of the Government detailing the implementation of certain Articles of the Bidding Law on selecting contractors, and Circular No. 58/2016/TT-BTC dated March 29, 2016 of the Minister of Finance detailing the use of state capital for procurement to maintain the regular operation of state agencies, units under the people's armed forces, public service units, political organizations, political-social organizations, social-professional organizations, social organizations, and social-professional organizations.
2. Bid invitation documents of tender packages that have not issued bid invitation documents and request documents before the effective date of this Circular shall be implemented as follows:
a) For bidding plans approved by competent authorities before the effective date of this Circular, if the contents are consistent with the provisions of Circular No. 11/2016/TT-BYT, they shall continue to be implemented according to the approved plan.
b) For bidding plans approved by competent authorities before the effective date of this Circular, if the contents are inconsistent with the provisions of Circular No. 11/2016/TT-BYT, they must be adjusted according to the provisions of this Circular and submitted to the competent authority specified in Article 9 of Circular No. 11/2016/TT-BYT for approval of the adjustment of the bidding plan before organizing its implementation.
2. The tender invitation package's dossier that has not been issued before the date this Circular takes effect shall be handled as follows:
a) The bidding selection plan approved by the competent authority before the date this Circular takes effect, if its contents comply with the provisions of Circular No. 11/2016/TT-BYT, shall continue to be implemented according to the approved plan.
b) The bidding selection plan approved by the competent authority before the date this Circular takes effect, if its contents do not comply with the provisions of Circular No. 11/2016/TT-BYT, must be adjusted in accordance with the provisions of this Circular and submitted to the competent authority specified in Article 9 of Circular No. 11/2016/TT-BYT for approval of the adjustment of the bidding selection plan prior to implementation.
Article 5. Reference Clause
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
This Circular takes effect from September 26, 2016.
During implementation, if there are difficulties or obstacles, agencies, organizations, and individuals are requested to promptly report them to the Ministry of Health (Traditional Medicine Management Department) for consideration and resolution./.
DEPUTY MINISTER
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