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MINISTRY
OF HEALTH
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No.
14/2023/TT-BYT
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Hanoi,
June 30, 2023
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CIRCULAR
ON
PROCEDURES FOR DETERMINATION OF BUDGET LIMITS FOR PROCUREMENT OF GOODS AND
SERVICES FOR MEDICAL EQUIPMENT AT PUBLIC HEALTH FACILITIES
Pursuant to the Law on Procurement
dated November 26, 2013;
Pursuant to the Government's
Decree No. 63/2014/ND-CP dated June 26, 2014 on elaboration of the Law on
Procurement concerning selection of preferred bidders;
Pursuant to the Government’s
Decree No. 95/2022/ND-CP dated November 15, 2022 defining the functions, tasks,
powers, and organizational structure of the Ministry of Health;
Pursuant to Decree No. 98/2021/ND-CP
dated November 8, 2021 of the Government on management of medical equipment;
Decree No. 07/2023/ND-CP dated March 3, 2023 of the Government on amendments to
the Government's Decree No. 98/2021/ND-CP dated November 8, 2021 on medical
equipment management;
Pursuant to the Government's
Resolution No. 30/NQ-CP dated March 4, 2023 on further ensuring the supply of
drugs and medical equipment;
Pursuant to Circular No.
10/2015/TT-BKHDT dated October 26, 2015 of the Minister of Planning and
Investment on elaboration of the plan for selection of preferred bidder;
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At the proposal of the Director
of the Department of Planning and Finance;
Minister of Health promulgates a
Circular on procedures for determination of budget limits for procurement of
goods and services for medical equipment at public health facilities.
Article 1. Scope and regulated
entities
1. This Circular provides for procedures
for determination of budget limits for procurement of goods and services for
medical equipment, including:
a) Procurement of medical
equipment;
b) Procurement of spare parts,
accessories and supplies for medical equipment;
c) Procurement of services of repair,
maintenance, inspection, and calibration of medical equipment.
2. This Circular applies to public
health authorities, units and facilities that procure goods and services as
specified in Clause 1 of this Article and related organizations and
individuals.
Article 2. Method of determining
budget limits for procurement of goods and services for medical equipment
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a) Collect quotations provided by
goods and services providers (hereinafter referred to as suppliers) for medical
equipment;
b) Survey the successful bids of
similar goods and services on the e-Government Procurement system
(https://muasamcong.gov.vn);
c) The prices of assets, goods, and
services which are valued by valuation authorities or companies as per the law
on prices.
2. The first step in determining
the budget limit is to collect quotations from suppliers. If this method is not
feasible, one of the methods specified in Clause 1(b) or (c) of this Article
shall be used.
3. If the Investor uses at least
two methods specified in Clause 1 of this Article, they may choose the highest
budget limit that meets their financial capacity and procurement practices
requirements.
Article 3. Determination of budget
limit for medical equipment and spare parts, accessories and supplies used for
medical equipment
1. Determine the budget limit
according to the supplier's quotations:
a) Before determining the budget
limit, based on the actual situation, the Investor shall, on their own or with
the assistance of the Department of Health, establish the Council or assign an
affiliated entity act as the Council (hereinafter referred to as the Council)
to select the list of relevant medical equipment and requirements pertaining to
basic functions and specifications;
b) Based on the requirements
pertaining to basic functions and specifications in point a, the Investor shall
post a request for quotations (RFQ) using the form specified in the Appendix to
this Circular on e-Government Procurement or on the Portal or website of the
Investor or the Portal of the Ministry of Health or the online public service
portal on medical equipment management (https://dmec.moh.gov.vn) within at
least 10 days from the RFQ posting date.
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c) After the expiry of the RFQ
posting time, the Investor shall, based on the number of quotations received
(even if only 1 or 2 quotations are received), either:
- set a budget limit at their own
discretion, or
- Task the Council with considering
a budget limit for the Investor to decide.
If there are at least two
quotations, the highest one can be selected as long as it is suitable for their
financial capacity and practices requirements.
d) If the Investor needs to ensure
technological compatibility, copyright, or immediate implementation, as
stipulated in Point a, Clause 1, Article 22 of the Law on Procurement, they may
send an RFQ directly to the supplier.
For example:
When determining the budget limit
to buy tests and test kits of company A's testing machine, the investor is
entitled to get a quote from company A, or a supplier designated and authorized
by company A.
dd) The contents of the RFQ form
are specified in the appendix issued with this Circular.
2. Determine the budget limit
according to the successful bids of similar goods and services:
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b) Based on the requirements pertaining
to basic functions and specifications in point a, the Investor shall:
- Specify the period for
referencing the successful bids: no more than 120 days from the date of
submitting the plan for selection of preferred bidder for approval.
For example: If the date of
submission of the plan for selection of preferred bidder is August 1, 2023, the
reference period is 120 days before this date.
- Review the successful bids posted
on e-Government Procurement during the reference period.
- Summarize the review results and
take further actions as prescribed in point c clause 1 of this Article.
3. Set the budget limit based on the
prices of assets, goods, and services which are valued by valuation authorities
or companies as per the law on prices:
a) Before determining the budget
limit, the Investor selects or forms a Council to select the list of relevant
medical equipment and requirements pertaining to basic functions and
specifications;
b) Based on the requirements
pertaining to basic functions and specifications in point a, the Investor shall
choose a valuation entity as per the law on procurement;
c) Use the results provided by a
valuation authority and not liable for such results.
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Based on the actual situation, the
Investor shall establish the Council to select the list of relevant medical
equipment, workload of repair, maintenance, inspection, and calibration based
on the requirements pertaining to basic functions and specifications, and then
determine the budget limit as follows:
1. Determine the budget limit
according to the supplier's quotations: Comply with points b, c, d, and dd
Clause 1 Article 3 hereof.
2. Determine the budget limit
according to the successful bids of similar goods and services: Comply with
point b Clause 2 Article 3 hereof.
3. Set the budget limit based on
the prices of assets, goods, and services which are valued by valuation
authorities or companies as per the law on prices: Comply with point b Clause 3
Article 3 hereof.
Article 5. Transitional
provisions
1. Plans for selection of preferred
bidder that have been approved before the date of entry into force of this Circular
shall remain valid.
2. As for plans for selection of
preferred bidder that have not been approved, the approving authorities shall
either approve them or request the Investors to re-determine their budget
limits as per this Circular.
Article 6. Entry in force
This Circular comes into force as
of July 1, 2023 to December 12, 2023.
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1. The Investor or the Department
of Health shall decide the composition of the Council as prescribed in Articles
3 and 4 of this Circular. For the purpose of determining budget limits, Council
members must be qualified and impartial to choose the list of relevant medical
equipment and requirements pertaining to basic functions and specifications.
They must not set conditions to limit participation of bidders or create an
advantage for one or several bidders, as this would create unfair competition.
2. The Ministry of Health shall direct,
guide, inspect, and make a final report on implementation of this Circular.
3. Heads of units affiliated to
central ministries and central authorities, Directors of Health Departments of
provinces and centrally affiliated cities, and relevant agencies, organizations
and individuals shall implement this Circular.
Difficulties that arise during the
implementation of this Circular should be reported to the Ministry of Health
for consideration./.
PP.
MINISTER
DEPUTY MINISTER
Le Duc Luan
APPENDIX
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RFQ
form
Applied
to procurement of services of repair, maintenance, inspection, and calibration
of medical equipment
REQUEST
FOR QUOTATIONS(1)
To:
Service providers in Vietnam
...[investor’s name] is seeking
quotations to determine the budget limit and select preferred bidder for… [the
procurement’s name, project’s name, procurement estimates], in specific:
I. Details of the requesting
entity
1. Requesting entity: ... [insert
name and address of Investor].
2. Contact information of the
person in charge of receiving quotations: ... [insert full name, position,
phone number, email address of the person assigned to receive quotations].
3. Method of receiving
quotations:...
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- Received in person at the address:...
[insert specific address to receive quotation].
- Received by email:... [specify
email to receive quotations].
- Received by Fax: ...[specify fax
number to receive quotations].
4. Time limit for receiving
quotations: From 8 a.m... [date] to before 5 p.m.….[date] (2)
Any quotation received after the
above date will not be considered.
5. Validity period of quotation: At
least .... days [insert number of days but not less than 90 days], from…[date]
to... [date] [in accordance with the information in Clause 4 of this
Section].
II. RFQ contents
The Investor The investor lists in
detail the list of required services and briefly describes the services
according to the following table:
No.
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Description
(*)
Workload
Unit
Location
to perform service
Expected
completion date
(1)
(2)
(3)
(4)
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(6)
(7)
1
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…
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Notes:
(1), (2), (3), (4): The investor
provides the supplier with a work description and service requirements to help
them create a quotation.
Quotation
form
Applied
to procurement of services of repair, maintenance, inspection, and calibration
of medical equipment
QUOTATION(1)
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On the basis of RFQ of... [insert
name of Investor requesting quotation], we… [insert name, address of the
supplier; or the names and addresses of the members of the joint venture (in
case multiple suppliers make the quotation as a joint venture) provide a
quotation for repair, maintenance, inspection, and efficiency services for
medical equipment as follows:
1. Quotation for repair,
maintenance, inspection, and calibration of medical equipment.
No.
List
of services
Description
Bill
of Quantities
Unit
Unit
price
Amount
...
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2
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Total:
2. This quotation is valid for:
.... days, from… [date] [insert number of days but not less than 90 days],
from…[date] to... [date] [in accordance with the information in Clause
4 of Section I - RFQ].
3. We hereby declare that:
- We are not in the process of
dissolving, and our business registration certificate, certificate of household
business registration, or equivalent document has not been revoked. We also do
not default on payments as per the law on enterprises.
- The value stated in the quotation
is appropriate and not to be in breach of the law on competition and dumping.
- The information stated in the
quotation is true.
[Location]…[date]….
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Legal
representative of the supplier(2)
(Signature, stamp (if any))
Notes:
(1) Suppliers must complete this
form to provide a quote. To send quotations via e-Government Procurement upon
request, suppliers must log in to the bidder's account and follow the
instructions to send their quotation and relevant documentation to the
Investor. In such circumstance, suppliers are not required to sign and stamp the
quotation as required in note 12.
(2) The legal representative or
their authorized person must sign and stamp (if any). In case of authorization,
a power of attorney to sign the quotation must be enclosed. In case of joint
venture, the legal representatives of all JV’s Parties must sign and stamp (if
any) the quotation.
To send quotations via
e-Government Procurement, manufacturers or suppliers must log in to the
bidder's account and follow the instructions to send their quotation. If a
joint venture (JV) is involved, the JV’s Parties must designate a representative
to submit their quotation on the system. In this circumstance, the representative
shall log in to the bidder’s digital identification to send the JV’s quotation.
Quotation form shall be completed and submitted as guided in this document and on
e-Government Procurement.
RFQ
form
Applied
to procurement of medical equipment and spare parts, accessories and supplies
used for medical equipment
REQUEST
FOR QUOTATIONS(1)
...
...
...
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... [Investor’s name] is seeking
quotations to determine the budget limit and select preferred bidder for… [the
procurement’s name, project’s name, procurement estimates], in specific:
I. Details of the requesting entity
1. Requesting entity: ... [insert
name and address of Investor].
2. Contact information of the
person in charge of receiving quotations:… [insert full name, position,
phone number, email address of the person assigned to receive quotations].
3. Method of receiving
quotations:...
Specify how quotations are
received in any of the following ways:
- Received in person at the
address:... [insert specific address to receive quotation].
- Received by email:... ... [specify
email to receive quotations].
- Received by Fax: ... [specify
fax number to receive quotations].
...
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Any quotation received after the
above date will not be considered.
5. Validity period of quotation: At
least .... days [insert number of days but not less than 90 days], from…[date]
to... [date] in accordance with the information in clause 4 hereof].
II. RFQ contents:
1. List of medical equipment/spare
parts, accessories and supplies used for medical equipment (hereinafter
referred to as equipment).
No.
List
Description
of functions, specifications, and related technical information
Quantity/volume
Unit
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Equipment A
Details in… [reference] in the
Description table enclosed
Specify quantity/volume to be
procured
Specify the unit
2
Equipment B
Details in… [reference] in the
Description table enclosed
Specify quantity/volume to be
procured
Specify the unit
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…
2. Location of supply,
installation; requirements pertaining to transport, delivery, installation, and
storage of medical equipment’: Details in… [specify reference] in the
attached description table, with specific requirements pertaining to the place
of supply and installation; requirements on transportation, supply, installation,
and storage of medical equipment.
3. Estimated delivery time: According
to the estimated time of delivery, in accordance with the plan for selection of
preferred bidder and the time to hold selection of preferred bidder.
4. Expected terms of advance,
contract payment: Specify the rate of advance, contract payment and conditions
for advance and payment.
5. Other details (if any).
(Basic functions and
specifications of medical equipment; requirements pertaining to the place of
supply and installation; requirements on transportation, supply, installation
and storage of medical equipment, and other information shall be specified in
the attached description table).
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(1) In case of posting on
e-Government Procurement, the Investor shall log in to e-Government Procurement
with the account of the Investor or bidder to post the RFQ.
RFQ shall be completed and
submitted as guided in this document and on e-Government Procurement.
The Investor must attach the
file “Description”, must state enough information for the contractor to make a
quotation, such as basic functions and specifications of medical equipment;
requirements pertaining to the place of supply and installation; requirements
on transportation, supply, installation, and storage of medical equipment, and expected
delivery date and relevant information).
If e-Government Procurement is
able to create the feature of sending and receiving RFQs (as per the Ministry
of Planning and Investment's notice), manufacturers and suppliers must log into
e-Government Procurement using their bidder accounts to send quotations and
related documents to the Investor. They must not send quotations using the
methods mentioned in Clause 3, Section I of this Form. After the deadline for
receiving quotations, manufacturers and suppliers will not be able to submit
quotations to e-Government Procurement. In this case, the content in Clause 3,
Section I of this Form is amended as follows:
“3. Method of receiving
quotations: manufacturers and suppliers must log into e-Government Procurement
using their bidder accounts to send quotations. Quotations are sent by post,
fax, email. Other means will not be considered”.
After receiving quotations, the
Investor logs into the e-Government Procurement platform using their Investor
or bidder account to view the quotations submitted by manufacturers and
suppliers.
(2) The deadline for receiving
quotations is at least 10 days after the RFQ is posted or sent. The
aforementioned deadline must not fall on a working day off in accordance with
the labor law.
Quotation
form
...
...
...
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QUOTATION(1)
To:
... [insert name of Investor requesting quotation]
On the basis of RFQ of... [insert
name of Investor requesting quotation], we… [insert name, address of the
manufacturer/supplier; or the names and addresses of the members of the joint
venture (in case multiple suppliers make the quotation as a joint venture)
provide a quotation for medical equipment as follows:
1. Quotations for medical equipment
and related services
No.
List of medical equipment(2)
Symbol, mark, brand, model, manufacturer
HS code(4)
Year of manufacture(5)
...
...
...
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Quantity/volume(7)
Unit price(8)
(VND)
Costs of related services(9)
(VND)
Taxes, fees, charges (if any)(10)
(VND)
Amount(11)
(VND)
...
...
...
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Equipment
A
...
...
...
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2
Equipment
B
...
...
...
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n
...
...
...
...
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(Enclosed with documents proving
the features, specifications, and relevant documents of the medical equipment)
2. This quotation is valid for:
.... days, from… [date] [insert number of days but not less than 90 days],
from…[date] to... [date] [in accordance with the information in Clause
4 of Section I - RFQ].
3. We hereby declare that:
- We are not in the process of
dissolving, and our business registration certificate, certificate of household
business registration, or equivalent document has not been revoked. We also do
not default on payments as per the law on enterprises.
- The value of medical equipment stated
in the quotation is appropriate and not to be in breach of the law on competition
and dumping.
- The information stated in the
quotation is true.
...
...
...
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[Location]…[date]….
Legal representative of the manufacturer/supplier(12)
(Signature, stamp (if any))
Notes:
(1) Manufacturers/suppliers must
complete this form to provide a quotation. To send quotations via e-Government
Procurement upon request, manufacturers/suppliers must log in to the bidder's
account and follow the instructions to send their quotation and relevant
documentation to the Investor. In such circumstance, manufacturers/suppliers are
not required to sign and stamp as required in note 12.
(2) Manufacturers/suppliers
specify the type of medical equipment according to the requirements specified
in the column “List of medical equipment” in the RFQ.
(3) Manufacturers/suppliers
specify the name, symbol, code, model, manufacturer of the medical equipment
corresponding to the type of medical device recorded in the column "List
of medical equipment".
(4) Manufacturers/suppliers
specify the HS code of each medical equipment.
(5), (6) Manufacturers/suppliers
specify the year of manufacture and origin of the medical equipment.
(7) Manufacturers/suppliers
specify the quantity and volume according to those stated in the RFQ.
(8) Manufacturers/suppliers
specify the value of the unit price corresponding to each piece of medical
equipment.
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(10) Manufacturers/suppliers
specify the amount of taxes, fees, and charges (if any) for each piece of
medical equipment or the entire medical equipment. With respect to imported
medical equipment, Manufacturers/suppliers must calculate the costs of import,
customs, insurance, and other costs outside the territory of Vietnam to
allocate to the unit price of the equipment.
(11) Manufacturers/suppliers
specify the quote corresponding to each medical equipment. The value stated in
this column is the total cost of each piece of medical equipment, including
taxes, fees, charges, and related services (if any), as specified in the RFQ.
Manufacturers/suppliers specify
unit prices, costs for related services, taxes, fees, and charges in Vietnam dong
(VND). If the quotation is in foreign currency, the Investor will convert it
to Vietnamese Dong (VND) using the exchange rate of the Vietnam Bank for
Foreign Trade (VCB) announced on the deadline for receiving quotations.
(12) The legal representative or
their authorized person must sign and stamp (if any). In case of authorization,
a power of attorney to sign the quotation must be enclosed. In case of joint
venture, the legal representatives of all JV’s Parties must sign and stamp (if
any) the quotation.
To send quotations via
e-Government Procurement, manufacturers or suppliers must log in to the
bidder's account and follow the instructions to send their quotation. If a
joint venture (JV) is involved, the JV parties must designate a representative
to submit their quotation on the system. In this circumstance, the
representative shall log in to the bidder’s digital identification to send the
JV’s quotation. Quotation form shall be completed and submitted as guided in
this document and on e-Government Procurement.