Delegates want hospital pharmacies to be able to buy drugs themselves, without having to bid.

Many National Assembly deputies proposed allowing hospital pharmacies to decide on their own drug purchases, without being required to apply the forms of contractor selection as prescribed by the Law on Bidding.

Delegates want hospital pharmacies to be able to buy drugs themselves, without having to bid.

Many National Assembly deputies proposed allowing hospital pharmacies to decide on their own drug purchases, without being required to apply the forms of contractor selection as prescribed by the Law on Bidding.

On the afternoon of November 6, the National Assembly discussed in the Hall the Draft Law amending and supplementing a number of articles of the Law on Planning, the Law on Investment, the Law on Investment under the public-private partnership model and the Law on Bidding.

The shortage of drugs at hospital pharmacies due to regulations of the Bidding Law was raised by many delegates and solutions were proposed.

Delegate Tran Thi Nhi Ha (Hanoi).

Delegate Tran Thi Nhi Ha (Hanoi) said that, regarding the purchase price of drugs, according to current regulations, hospital pharmacies cannot purchase drugs higher than the winning bid price of that drug at the same time, or not higher than the winning bid price at provincial or central medical facilities within 12 months. Regarding the selling price of drugs, Decree 54 of the Government stipulates the maximum retail margin of all drugs at hospital pharmacies.

In addition, due to some specific characteristics (selling drugs according to patient needs, not being able to predict the list, quantity, and disease patterns are constantly changing), it is very difficult for hospital pharmacies to develop a plan to select contractors.

These causes lead to a shortage of drugs at hospital pharmacies, forcing people to buy them outside, which is both inconvenient and difficult to control quality and price, affecting access to the best medical services.

According to the delegate, the provisions in Clause 1, Article 2 (all activities of selecting contractors using capital from legal sources of revenue of the unit must apply the bidding law) and Clause 2, Article 55 of the current Bidding Law (allowing facilities to decide on their own purchases) cause difficulties for medical examination and treatment facilities, and request guidance on this content.

Therefore, the delegate proposed to amend Clause 2, Article 55 as follows: “Regarding the purchase of vaccines for vaccination in the form of services; the purchase of drugs, medical equipment, cosmetics, functional foods, and other essential goods at retail establishments within the premises of public medical examination and treatment facilities, medical examination and treatment facilities are allowed to decide on their own purchases to ensure publicity, transparency, economic efficiency, and accountability without having to apply the forms of contractor selection as prescribed by the Law on Bidding”.

At the same time, amend Clause 1, Article 2 in the direction: Contractor selection activities use state budget capital according to the provisions of the State Budget Law, capital from legal revenue sources according to the provisions of law of state agencies and public service units (except for the case specified in Clause 2, Article 55 of this Law).

According to delegate Tran Thi Nhi Ha, the reality is witnessing a clear difference in the bidding and procurement of drugs and medical equipment between public and non-public facilities. While public facilities face many difficulties in bidding, leading to a shortage of drugs and medical equipment, non-public medical facilities ensure adequate drugs and equipment, even rare drugs and modern medical equipment.

Not to mention, although one of the bidding principles is to ensure economic efficiency, the fact that private facilities using conventional procurement methods can purchase some medical equipment at cheaper prices than public facilities is a major problem and there is no definitive answer.

To ensure fairness and transparency, in addition to the proposal to amend some provisions of the revised Law on Bidding as above, delegates also proposed to add regulations that not only public facilities but also private medical facilities must post information on procurement results, creating transparency and limiting negative aspects in bidding, ensuring adequate medicine and medical equipment for medical examination and treatment.

Delegate Pham Khanh Phong Lan (HCMC).

Agreeing with this opinion, delegate Pham Khanh Phong Lan (HCMC) said that hospital pharmacies give patients peace of mind about both the quality and price of drugs. However, with the current provisions of the Bidding Law, hospital pharmacies will continue to face difficulties. Therefore, the delegate suggested that it is necessary to add provisions on direct procurement. If the Law is not amended, when drafting Circulars and guiding Decrees, it is necessary to explain in a broader sense the concept of "self-determination of procurement". Accordingly, in the forms of bidding, pharmacies can choose to appoint contractors, offer competitive bidding, purchase directly and negotiate prices... instead of just open bidding.

“The number one goal is to ensure quality medicine and improve the quality of medical examination and treatment for people. Bidding is not the only and best way to achieve this goal,” the delegate emphasized.

In the explanatory report on the Draft Law on Bidding Amendments, regarding the proposal to amend the regulations on purchasing drugs by public health facilities for retail sale at hospital pharmacies in the direction of allowing health facilities to decide on their own purchases on the basis of ensuring publicity, transparency, economic efficiency and accountability without having to apply the forms of contractor selection as prescribed by the Law on Bidding, the Ministry of Planning and Investment stated: This is an important content, and there are still different opinions.

Therefore, the Ministry of Planning and Investment said it will continue to discuss with the Ministry of Health, hospitals, public health facilities, etc. to review and fully identify arising problems and report to the Government, submit to the National Assembly for consideration of appropriate solutions according to the principle of facilitating and enhancing the initiative in the operations of hospital pharmacies, but must have strict control measures, not affecting the rights of patients.

Regarding the opinion that, for purchasing drugs for retail sale, the Draft Law needs to have a process to avoid abuse, ensure transparency, and clarify the role of the Ministry of Health in the provision and sale, the Ministry of Planning and Investment said that the selection of contractors to supply drugs to public hospital pharmacies is carried out in accordance with the forms prescribed from Articles 20 to 29 of the 2023 Law on Bidding, at the same time, the Law has stipulated the process and procedures for selecting contractors and assigned the Decree to provide detailed regulations.

In addition, the law on bidding has provisions on inspection, supervision and regular monitoring of bidding activities by state management agencies on bidding under ministries, branches and localities. Accordingly, the Ministry of Health and local Departments of Health will regularly monitor the procurement and bidding of public health facilities.

Source: https://baodautu.vn/dai-bieu-muon-nha-thuoc-benh-vien-duoc-tu-quyet-mua-thuoc-khong-phai-dau-thau-d229338.html