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MINISTRY OF
HEALTH
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
31/2016/TT-BYT
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Hanoi,
August 10, 2016
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CIRCULAR
ON GUILDELINES
FOR BIDDING DOCUMENTS FOR PROCUREMENT OF HERBAL INGREDIENTS AND TRADITIONAL
INGREDIENTS AT HEATH FACILITIES
Pursuant to the Law on Bidding No.
43/2013/QH13 dated November 26, 2013;
Pursuant to the Law on Pharmacy No.
34/2005/QH11 dated June 14, 2005;
Pursuant to Government's Decree No. 63/2014/ND-CP
dated June 26, 2014 on guidelines for the Law on Bidding in terms of selection
of bidders;
Pursuant to the Government's Decree No.
63/2012/ND-CP dated August 31, 2012 defining the functions, tasks, powers and
organizational structure of the Ministry of Health;
At the request of Director of Traditional
Medicine Administration of Vietnam,
The Minister of Health promulgates a Circular
on guidelines for bidding documents for procurement of herbal ingredients and
traditional ingredients at heath facilities.
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1. This Circular provides for forms of Bidding
Documents for procurement of herbal ingredients and traditional ingredients at
public health facility financed by state capital, health insurance fund,
revenues derived from examination and treatment services and other legitimate
revenues and at private health facilities financed by health insurance fund.
2. Apart from regulations of this Circular,
agencies, organizations, and individuals engaging in or involving in bidding,
procurement of herbal ingredients and traditional ingredients shall comply with
Circular No. 11/2016/TT-BYT dated May 11, 2016 of the Minister of Health on
medicine bidding in public health facilities (hereinafter referred to as
Circular No. 11/2016/TT-BYT) and relevant legislative documents.
Article 2. Forms of Bidding Documents for
procurement of herbal ingredients, traditional ingredients
Forms of Bidding Documents for procurement of
herbal ingredients, traditional ingredients at heath facilities shall be issued
herewith as follows:
1. Form 1: Bidding Documents for procurement of
herbal ingredients applicable to open tender or national selective bidding with
the single stage-one envelope bidding procedure.
2. Form 2: Bidding Documents for procurement of
herbal ingredients applicable to open tender or national selective bidding with
the single stage-two envelope bidding procedure.
Article 3. Implementation
1. Traditional Medicine Administration of Vietnam shall regularly keep the following up to date on its website:
a) The list of bidders satisfying requirements
pertaining qualification and reputation in bidding of herbal ingredients,
traditional ingredients announced by the Minister of Health;
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c) The list of facilities obtaining herbal
ingredient import licenses;
d) The list of facilities having storage of
herbal ingredients meeting Good Store Practice in terms of herbal ingredients;
dd) The list of facilities meeting conditions
for herbal ingredient processing;
e) The list of facilities and herbal
ingredients, traditional ingredients marketing registration number or standard
publication;
g) The list of facilities committing violations
against quality of herbal ingredients, traditional ingredients prescribed in
law on pharmacy and law on product quality;
h) The list of herbal ingredient samples
announced by the Minister of Health.
2. Director of Traditional Medicine
Administration of Vietnam shall initiate, provide guidelines for, make
preliminary and final report on implementation of this Circular nationwide.
3. Directors of Services of Health of provinces
and central-affiliated cities shall initiate, provide guidelines for, make
preliminary and final report on implementation of this Circular in
provinces/cities.
Article 4. Transitional provisions
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2. Bidding Documents of procurement of which
Bidding Documents or Request for Proposals having not been published before the
effective date of this Circular shall follow the procedures below:
a) Plan for selection of bidders approved by
competent authorities before effective date of this Circular in accordance with
Circular No. 11/2016/TT-BYT shall keep being implemented according to the
approved plan concerned.
b) Plan for selection of bidders approved by
competent authorities before effective date of this Circular not in accordance
with Circular No. 11/2016/TT-BYT shall be amended in such manner in accordance
with this Circular. The plan shall be submitted to the competent authorities
hereafter prescribed in Article 9 of Circular No. 11/2016/TT-BYT for approval
before initiation.
Article 5. Terms of reference
If any of the documents referred to in this
Circular is replaced or amended, the new document shall prevail.
Article 6. Effect
This Circular comes into force from September
26, 2016.
Difficulties that arise during
the implementation of this Circular should be reported to Traditional Medicine
Administration of Vietnam of the Ministry of Health for consideration./.
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PP. MINISTER
DEPUTY MINISTER
Nguyen Viet Tien