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THE MINISTRY OF
HEALTH OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.:
09/2022/TT-BYT
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Hanoi, September
09, 2022
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CIRCULAR
PRESCRIBING BIDDING
DOCUMENTS FOR PROCUREMENT OF HERBAL MATERIALS AND TRADITIONAL MEDICINAL
MATERIALS BY PUBLIC HEALTH FACILITIES
Pursuant to the Law on Bidding No. 43/2013/QH13
dated November 26, 2013;
Pursuant to the Law on Pharmacy No.
105/2016/QH13 dated April 06, 2016;
Pursuant to the Government’s Decree No.
63/2014/ND-CP dated June 26, 2014 providing guidelines for the Law on bidding
regarding contractor selection;
Pursuant to the Government’s Decree No.
54/2017/ND-CP dated May 08, 2017 on guidelines for implementation of the Law on
Pharmacy;
Pursuant to the Government’s Decree No.
155/2018/ND-CP dated November 12, 2018 providing amendments to some articles
related to business conditions under state management of the Ministry of Health
of Vietnam;
Pursuant to the Government’s Decree No.
75/2017/ND-CP dated June 20, 2017 defining functions, tasks, powers and
organizational structure of the Ministry of Health of Vietnam;
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The Minister of Health of Vietnam promulgates a
Circular prescribing forms of bidding documents for procurement of herbal
materials and traditional medicinal materials by public health facilities.
Article 1. Scope
1. This Circular provides detailed regulations on
forms of bidding documents for procurement of herbal materials (including
preliminarily processed herbal materials) and traditional medicinal materials
used in competitive bidding and selective bidding processes of public health
facilities funded by state budget, health insurance fund, revenues from
provision of medical services, and other lawful funding sources.
2. This Circular does not stipulate forms of bidding
documents for procurement of semi-finished herbal materials and traditional
medicinal materials in the standardized form of glue, granule, powder, extract,
essential oil, resin, gum or jelly.
3. Public health facilities shall prepare and issue
requests for proposals for procurement of herbal materials and traditional
medicinal materials in the form of direct procurement, shopping method or
direct contracting according to guidelines given by the Ministry of Planning
and Investment of Vietnam and certain contents of forms of bidding documents
enclosed herewith.
Article 2. Forms of bidding documents for
procurement of herbal materials and traditional medicinal materials
Forms of bidding documents for procurement of
herbal materials and traditional medicinal materials used in domestic
competitive bidding and selective bidding by public health facilities are
enclosed herewith, including:
1. Form No. 01: Bidding documents for procurement
of herbal materials and traditional medicinal materials adopting single stage-one
envelope bidding procedure. Details are provided in Appendix I enclosed
herewith.
2. Form No. 02: Bidding documents for procurement
of herbal materials and traditional medicinal materials adopting single
stage-two envelope bidding procedure. Details are provided in Appendix II
enclosed herewith.
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1. The Traditional Medicine Administration of
Vietnam shall:
a) Frequently update and publish on its website the
information specified in Clause 4 Article 50 of the Circular No. 15/2019/TT-BYT
dated July 11, 2019 of the Minister of Health of Vietnam prescribing bidding
for supply of drugs to public health facilities (hereinafter referred to as
“Circular No. 15/2019/TT-BYT”) and the following information:
- The list of business establishments that have
commitments on herbal plant cultivation and collection sites as prescribed in
the Circular No. 38/2021/TT-BYT dated December 31, 2021 of the Minister of
Health of Vietnam prescribing quality of herbal materials, traditional
medicinal materials, and traditional drugs (hereinafter referred to as
“Circular No. 38/2021/TT-BYT”).
b) Organize the implementation of this Circular
nationwide.
2. Health facilities shall submit reports on
contract package results as follows:
a) Health facilities affiliated to the Ministry of
Health of Vietnam shall submit reports on implementation of herbal
material/traditional medicinal material contract packages to the Ministry of
Health of Vietnam (via the Traditional Medicine Administration of Vietnam) by
October 31 each year.
b) Health facilities affiliated to Provincial
Departments of Health shall submit reports on implementation of contract
packages to Provincial Departments of Health by October 15 each year.
Provincial Departments of Health shall prepare and submit consolidated reports
to the Ministry of Health of Vietnam (via the Traditional Medicine
Administration of Vietnam) by October 31 each year.
c) Health facilities affiliated to health
authorities of supervisory ministries and other health facilities shall submit
reports on implementation of herbal material/traditional medicinal material
contract packages to competent authorities that have given approval for their
contractor selection plans.
3. Reports shall be made using the forms provided
in Appendix III and Appendix IV enclosed herewith. Reports shall be submitted
to the Ministry of Health of Vietnam (via the Traditional Medicine
Administration of Vietnam) in the form of physical copy and soft copy to the
following email address: [email protected].vn.
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1. Bidding documents and requests for proposals
issued before February 15, 2022 shall remain valid. Herbal materials and
traditional medicinal materials which are supplied by contractors selected
according to these bidding documents and requests for proposals shall still be
used by health facilities.
2. With regard to bidding documents and requests
for proposals issued after February 15, 2022 and before the effective date of
this Circular, the bidding process shall continue to be implemented according
to the issued bidding documents and requests for proposals and the provisions
of the Circular No. 38/2021/TT-BYT.
Article 5. Reference
If any legislative documents referred to in this
Circular are superseded or amended, the new ones shall apply.
Article 6. Effect
1. This Circular comes into force from October 24,
2022.
2. The Circular No. 31/2016/TT-BYT dated August 10,
2016 of the Minister of Health of Vietnam shall cease to have effect from the
effective date of this Circular.
Difficulties that arise during the implementation
of this Circular should be promptly reported to the Ministry of Health of
Vietnam (via the Traditional Medicine Administration of Vietnam) for
consideration./.
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PP. MINISTER
DEPUTY MINISTER
Do Xuan Tuyen