THE MINISTRY OF
HEALTH
THE DRUG ADMINISTRATION OF VIETNAM
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SOCIALIST
REPUBLIC OF VIET NAM
Independence – Freedom - Happiness
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No. 13395/QLD-GT
Regarding opinions for amending and
supplementing the Joint Circular No. 01/2012/TTLT-BYT-BTC and the Circular
No. 11/2012/TT-BYT, on bidding for drug purchase
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Hanoi, August 19,
2013
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Respectfully to:
- The Health Departments of provinces and central
affiliated cities;
- Hospitals/ institutes with hospital beds affiliated the Ministry of Health;
- Enterprises of drug production and business.
In order to correct the bidding work in drug
purchase in medical facilities, the Ministry of Health coordinated with relevant
Ministries and sectors in promulgating the Joint Circular No.
01/2012/TTLT-BYT-BTC, dated January 19, 2012 of the Ministry of Health, and the
Ministry of Finance, guiding the bidding of drugs procurement in the medical
facilities, and the Circular No. 11/2012/TT-BYT dated June 28, 2012 of the
Ministry of Health, guiding the preparation of bidding dossier for drug
procurement in medical facilities. After more than one year carrying out
the mentioned-above documents, it initially has presented the efficiency and
preeminence in reforming administrative procedures , assurance of justice and
transparent competition in drug bidding, and thrift in costs for drug purchase
of medical facilities, patients, state budget and medical insurance funds.
However, during implementation, the Drug
Administration of Vietnam (the Ministry of Health) has received proposals of
units regarding some difficulties and inconformity need be considered and
adjusted to be more suitable and convenient for medical facilities as well as
enterprises (proposals of units have been collected at the annex enclosed with
this document ).
Aiming to prepare for consideration, revision for
completing regulations on drug bidding in medical facilities, the Drug
Administration of Vietnam requests Units:
1. Researching and providing opinions for proposals
collected at the Annex enclosed with this document.
2. For other content, requesting the units for
providing specific opinions relating to difficulties and inconformity during
implementation of the drug bidding work and specific proposals for revision of
current regulations with the aim to remedy difficulties and inconformity.
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Respectfully thanks for your cooperation.
FOR THE
DIRECTOR
DEPUTY DIRECTOR
Nguyen Viet Hung
ANNEX
COLLECTION OF UNITS’
PROPOSALS RELATING TO THE REVISION OF PROVISIONS IN JOINT CIRCULAR NO.
01/2012/TTLT-BYT-BTC DATED JANUARY 19, 2012 AND CIRCULAR NO. 11/2012/TT-BYT
DATED JUNE 28, 2012
No.
Current
provisions
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Units’
proposals
The Circular No. 01/2012/TTLT-BYT-BTC dated
January 19, 2012
I
Classification of drug groups in bidding package
in according to generic name
1. Clause 1 Article 7 of
the Circular No. 01/2012/TTLT-BYT-BTC dated January 19, 2012: at
Drug bidding packages by generic name, each drug by generic name is
divided into groups based on technical criteria and the licensed technology
standards as follows:
- Group 1: group of drugs produced in the
countries participating in EMA, or ICH or PIC/S.
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- Group 3: Group of drugs not being of the groups
mentioned in point a and b of this clause.
- Group 4: Where the drugs produced according to
franchising of drug manufacture in Vietnam under the provisions of law, based
on the facility transferring the right of drug manufacture to classify this
drug into one of the drug groups as prescribed at Points 1, 2 and 3 for
conformity.
- Group 5: of drugs have
bioequivalence proof already announced by the Health Ministry
2. Clause 2 Article 4 of
the Circular No. 11/2012/TT-BYT dated June 28, 2012, only drugs produced at factories satisfying PIC/S-GMP and
EU-GMP principles and standards are eligible to join in bidding for the group
of drugs produced in member states of EMA or ICH, or PIC/S.
1. For drugs produced at
factories satisfying PIC/S-GMP and EU- GMP principles and standards, still
remain divergent opinions, specifying:
- Classification of drug groups based on
standards of factory is correct but not sufficient, quality and efficiency of
treatment from drugs may depend on other elements: Quality of raw material
source, technology qualification and process, processing techniques …
- At present time, it had 11 announcement times
with 691 factories satisfying the PIC/S-GMP and EU-GMP principles and
standards, in which there are more 85 factories of India, 14 factories of
Indonesia, and 9 factories of Malaysia…
- Some enterprises and hospitals have reflect
that drugs produced at member countries of EMA, ICH, of which the
technology qualification in processing and management skills of
pharmaceutical products (mechanism of controlling manufacture and
distribution of pharmaceutical products) are developed higher than the
remaining countries So that, in fact, drugs produced at member countries of
EMA, ICH are appreciated regarding manufacture technology and product quality
and strict observance of EU-GMP.
- Drugs produced at
factories satisfying PIC/S-GMP and EU- GMP principles and standards in India,
Indonesia have not yet had prestige on quality resulting that doctors do not
use many these drugs.
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1. For group 1, it is expected to classify into
02 sub-groups:
- Sub-group 1: drugs produced at manufacture
facilities located in member countries of EMA and ICH, and manufacture
facilities satisfying EU- GMP principles and standards.
- Sub-group 2: drugs produced at manufacture
facilities not located in member countries of EMA or ICH, and manufacture
facilities satisfying PIC/S-GMP or EU-GMP principles and standards.
2. Groups 2, 3, 4 and 5: unchanged
3. Some proposals for consideration to divide
these groups into smaller groups
Grounds of proposals:
- Division into 02 sub-groups applicable to group
1 will ensure the justice more for facilities complying strictly with EU-GMP
standards because there are only member countries of EMA and Japan, America.
However, for sub-group 1, it will exclude drugs produced in Australia,
Canada because these countries have not yet join in ICH and drugs which
are produced in countries with pharmacy industry develop not equal to the
remaining countries still be present in sub-group 1, such as: Cyprus, Estonia, Greece, Lithuania,
Luxembourg, Malta, Slovakia.
- The drug groups produced
domestically with addition of sub-group should be considered to encourage the
manufacture facilities in investment in technology; and proposing technical
criteria for dividing sub-groups of drugs produced domestically but having to
ensure conformity for WTO integration.
II
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At present time, establishments producing
oriental drugs and drugs from medical herbs which meet GMP-WHO are
prioritized more 3 points in comparison with establishments producing
oriental drugs and drugs from medical herbs which have been granted
certificate of good drug manufacturing practice WHO-WHO. However,
some opinions assume that this provision actually is not priority for
establishments producing drugs from medical herbs which meet GMP-WHO because
high prices are difficult to able to get an acceptance of bid. At present
time, there are about 10 establishments producing drugs from medical herbs
which meet GMP-WHO and ensure competition in bidding.
Proposals regarding the bidding package of
oriental drugs and drugs from medical herbs are divided into two groups
- Group 1: Drugs from
medical herbs produced from establishments producing medical herbs meeting
GMP-WHO
- Group 2: oriental drugs
and drugs from medical herbs which have been granted certificate of
eligibility for trading in drugs not yet met GMP-WHO from medical herbs.
III
The regulation scope of Circular No.
01/2012/TTLT-BYT-BTC dated January 19, 2012 is finished drug products.
1. For biologicals to diagnose in vitro such as
tests for HIV, hepatitis B, diabetes… they are products in boundary between
drugs and medical equipment. Regarding conditions for establishments of
production, import, other business involving other finished drug products
(the production establishments meeting GMP or ISO or equivalent certificate,
the import and wholesale establishments satisfying conditions for trading in
equipment or trading in drugs).
2. About technical specifications, biologicals to
diagnose in vitro similar to chemicals and consumable supplies.
Proposing for biologicals to diagnose in vitro
not belonging to scope of regulation of the Circular No. 01/2012/TTLT-BYT-BTC
dated January 19, 2012, and guide bidding similar to chemicals, consumable
supplies.
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There is no clear provision related to vaccine
used at medical establishments of vaccination service to define whether it is
required bidding or not.
1. Vaccines used at medical
establishments of vaccination service are not presented in contents of
non-application at Clause 2 Article 2 of the Circular No.
01/2012/TTLT-BYT-BTC dated January 19, 2012 causing difficulty for medical
establishments to define whether they must organize bidding or not,
because these vaccines taken revenue source from payments of voluntary
subjects who may self select products according to their ability and
demand.
2. The wholesale prices of
these vaccines have been declared in accordance with regulation and service
charges of vaccines have been complied with the Circular No. 232/2009/TT-BTC,
prescribing the levels of, regime of collection, remittance, management and
use of the preventive medicine charges and border quarantine charges.
Proposing for vaccines used at medical
establishments of vaccination service to be not in scope of regulation of the
Circular No. 01/2012/TTLT-BYT-BTC dated January 19, 2012.
V
Article 23 of the Circular No.
01/2012/TTLT-BYT-BTC dated January 19, 2012
In special case, to prevent the drug lack influencing
specialized operations, units are allowed to apply form of selecting other
contractor for drug purchase with a limited quantity; specified as
follows:
1. Cases of drug purchase
allowed to apply form of selecting other contractor:
a) Drugs under list of rare drugs arising
irregularly according to demands of special treatment promulgated by the
Ministry of Health, and not yet been put into the bidding plan.
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c) Drugs stated in list of drugs of plan on
bidding for drug purchase in year approved by competent authorities, but not
yet had result of bidding or fail to select winner of bidding, while these
drugs need be purchased in a hurry to meet demand serving specialized
operations in urgent cases.
d) Drugs stated in the approved plan on bidding
for drug purchase, but in year, their use demands exceed the
quantities under plan approved by competent authorities, quantity of a drug
allowed to purchase in excess of the plan in year will not more than 20% of
quantity of that drug already won bid. Limitations of drugs of all kinds
which are allowed to purchase in excess of the plan in year at hospitals
depend on ranks of hospitals according to the ranking of the Ministry of
Health; specifying: The rank-3 and rank-4 hospitals are allowed to purchase
not exceeding VND 600 (six hundred) million; the rank-1 and rank-2
hospitals are allowed to purchase not exceeding VND 01 (one) billion;
and special-rank hospitals are allowed to purchase not exceeding VND 02
(two) billion.
2. Requirements upon procurement:
d) The drug and treatment Council of unit
considers and makes written proposals with head of unit.
b) Drugs allowed circulating in Vietnam, and
satisfying requirements on quality, use duration in accordance with current
regulations.
c) Drug prices: Unit has reference of 03 quotes
or sale invoices of supplier, wholesale prices of suppliers, wholesale prices
of declaration, re-declaration and reference of prices announced on website
of, the Drug Administration of Vietnam as basis for consideration and
entering into contracts with suppliers.
3. When purchasing drugs in above cases, head of
unit will decide on forms of procurement in conformity with current
provisions of law on bidding.
- Provision on purchase limitation applicable to
only case of drug items allowed purchase not more than 20% of the planned
quantity in year at hospitals is not ensured the drug provision for hospitals
in respect to 03 remaining cases at sub-item a, b, c Clause 1 Article 23
because these cases must comply with provisions of the bidding Law (to ensure
that the provision must be carried out according to form of bidding
assignment not exceeding VND 100 million), is a value too less for special
hospitals in case of expensive drugs.
- At sub-item c Clause 2 Article 23 prescribing
the drug prices (unit make reference of 03 quotes/invoices, prices of
declaration/re-declaration and prices of winning bid on websites of , the
Drug Administration of Vietnam) but Clause 3 Article 23 prescribed as follows
"When purchasing drugs in above cases, head of unit will decide on forms
of procurement in conformity with current provisions of law on bidding.', so
that units have problem whether they must formulate and submit the bidding
plan or not. If units must formulate and submit the bidding plan, they will
lose much time which cause influence to the drug provision course of
hospital.
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- In order to reduce procedures for procurement
and ensure the timely drug provision, propose to annul provision in Clause 3
Article 23 of "When purchasing drugs in above cases, head of unit will
decide on forms of procurement in conformity with current provisions of law
on bidding.”.
The Circular No. 11/2012/TT-BYT dated June 28,
2012
VI
Section 1 Annex 3 “Standards, conditions for
production and business in drug items participating in bidding”.
Because the bidding package of oriental drugs and
drugs from medical herbs are expected to divide into two various groups: (1)
Group 1: drugs from medical herbs produced from establishments producing
drugs from medical herbs satisfying GMP-WHO and (2) Group 2: oriental drugs
and drugs from medical herbs which have been granted certificate of
eligibility for trading in drugs but not yet met GMP-WHO and participating in
bidding into separate groups.
Provision in point d section I Annex 3 “”Drug
items participating in bidding are oriental drugs and drugs from medical
herbs of contractors which are establishments producing this item already
been granted certificate of good drug manufacturing practice WHO-GMP” will be
adjusted from “27 points” up to “30 points".
VII
Point b section 5 Annex 3 - “Drug
items produced by establishments with drugs breaching quality within 1 recent
year will be deducted (- 5 points)”
Drug quality is dependent on many subjective and
objective reasons from production, circulation, distribution and to users.
For a factory producing hundreds of drug items, if it violate quality due to
subjective or objective reason, and revoked 01 lot of 01 drug kind, it will
be lost point (15 points), in case where the remaining drug items of this
factory within 01 year after issuing decision of revocation participate in
bidding, these drugs will be difficult to have chance of winning bid, which
results the operational suspension of this factory during 01 year.
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VII
Point b section 7 Annex 3 - “Quality
violation situation of drug items participating in bids"
Deduction (-10 points) for drugs violating
quality at level 2 and deduction (-5 points) for drugs violating quality at
level 3 when participating in bids are not reasonable because a violated drug
item participating in bid will be lost 15 points in comparison with drugs not
violating quality, so that, if counting section 7 for drugs violating
quality, these drugs will be lost (20 points) or (25 points), addition of the
loss (15 points) at section 5, it is sure that these drugs will be defeated
in bidding, excluding deduction of points at other criteria.
Proposing for restructuring the point system at
point b section 7 Annex 3 by decreasing the point levels: (-5 points) for
drugs violating quality at level 2 and (0 point) for drugs violating quality
at level 3.
VIII
Section 10 Annex 3 – “Drug items participating in
bids by contractors with organization of drug distribution center”
Now because there is no document prescribing for
center of drug distribution, all contractors have no points at this section.
Proposing for clear guide about this content.
IX
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1. In pass time, the drafting Board of Circular
has set out provision in section 12 Annex 3 of the Circular No.
11/2012/TT-BYT dated June 28, 2012 to base on list of 20 provinces with poor
districts at the annex "Result of surveying and reviewing poor
households and near-poor households in 2012 at 62 poor rural districts under
the Resolution 30A/2008/NQ-CP" promulgated together with Decision No.
375/QD-LDTBXH dated March 28, 2012 of the Minister of Labor, Invalids and
Social Affairs, on approving result of surveying and reviewing poor households
and near-poor households in 2011. The formulation of 20 provinces with poor
rural districts is based on conditions which these districts are located in
mountainous areas with terrain divided, wide natural area but land area for
cultivation is small, weather conditions are disadvantaged, regularly happen
flash floods, pipe floods; over 90% of population is minority ethnic
people , living dispersedly, infrastructure is lacked and bad. (The
Government’s Resolution 30A/2008/NQ-CP dated December 27, 2008, on program
supporting for the rapid and sustainable poverty reduction for 61 poor rural
districts).
2. In fact some localities have difficult areas
(mountainous areas, islands…) such as Quang Ninh, Kien Giang provinces…. not
stated in these 20 provinces. So that, some provincial Departments of Health
propose that application of section 12 Annex 3 of the Circular No.
11/2012/TT-BYT dated June 28, 2012 will base on the Decision No.
30/2012/QD-TTg dated July 18, 2012 of the Prime Minister, on criteria to
identify special difficult villages and communes in ethnic minority and
mountainous areas for the 2012 - 2015 period, and Circular No.
01/2012/TT-UBDT dated October 24, 2012 of the Committee for Ethnic Affairs,
guiding the Prime Minister’s Decision No. 30/2012/QD-TTg dated July 18, 2012.
Some units propose for not specifying provinces,
as follows: Pursuant to Decision No. 30/2012/QD-TTg dated July 18, 2012 of
the Prime Minister, on criteria to identify special difficult villages and
communes in ethnic minority and mountainous areas for the 2012 - 2015 period,
and Circular No. 01/2012/TT-UBDT dated October 24, 2012 of the
Committee for Ethnic Affairs, guiding the Prime Minister’s Decision No.
30/2012/QD-TTg dated July 18, 2012, and based on provision and network of
drug provision at areas, the provincial Departments of Health where have
special difficult hamlets (as announced by the Committee for Ethnic
Affairs) will formulate criteria and define contractors which have a system
of distribution and provision spreading the mountainous and difficult areas.