On May 24, the National Assembly discussed in the hall a number of controversial contents of the draft Law on Bidding (amended). Concerned about this issue, National Assembly Delegate Tran Thi Nhi Ha (Hanoi delegation) affirmed: "The draft Law has received great attention from society, especially from us, those working in the health sector."
Regarding the issue of bid package prices, Delegate Tran Thi Nhi Ha said: We all know that in the past, the main violations in procurement and bidding were also from the bid package prices. The bid package price is a particularly important content in the construction of the contractor selection plan as stipulated in Clause 2, Article 39. Currently, the determination of the bid package price is carried out according to the guidance in Circular 68 of the Ministry of Finance and there are many shortcomings. One of the methods for determining the bid package price is the method of using 3 quotations, this method is inconsistent with the provisions in Article 22 of the draft Law on Prices and Vietnam's valuation standards No. 02, No. 08. Because the method of taking 3 quotations that many units are currently using does not ensure that the price of goods is the market price in a certain period of time and space, it is not the price of a successful, legal, public and competitive transaction, so it cannot be used as a basis for determining the bid package price. The draft does not provide guidance on determining the bid package price. In Resolution 30, the Government is assigning the Ministry of Health to develop guidance on bid package prices and medical equipment. However, many contents in the draft guidance of the Ministry of Health are still problematic. The National Assembly has commented on the draft Law on Prices (amended) to adjust the contents on prices, but there are no regulations on bid package prices.
“I propose that the drafting committee consider regulating the principles of determining bid package prices in the draft Law on Bidding (amended), creating a legal basis for the Government to specify and detail this content,” said Ms. Ha.
National Assembly Delegate Tran Thi Nhi Ha commented on the draft Law.
Regarding bidding, the regulation stipulates “the designation of bidding packages serving the work of disease prevention and control, avoiding harm to people’s lives and health”. This regulation is very necessary in practice, however, there are some terms and content of the regulation that are unclear in terms of content and concept of what is a “bidding package that needs to be implemented immediately”, which can lead to the risk of arbitrarily applying the form of bidding…
Regarding the regulation allowing the application of bidding for cases with exclusive patent protection, however, in addition to medical equipment purchased from the budget, medical facilities also receive a lot of medical equipment from aid and sponsorship sources. Among them, there are also some medical equipment that require ensuring compatibility in technology and copyright, so it is necessary to add regulations for cases where medical equipment is received from aid and sponsorship.
Overview of the meeting, May 24.
Regarding the shortened bidding, this draft law stipulates that the bidding packages are shortened according to the bidding package limit. Delegates suggested that there be a separate provision in the draft on shortened bidding, which would expand the cases of shortened bidding to include medical equipment, consumables, biological products, testing chemicals and drugs. The draft content should stipulate the distinction between shortened bidding and direct bidding, to avoid confusion in the application of the law as is currently the case.
According to the female National Assembly delegate, the regulations on selecting contractors to supply drugs, chemicals, medical supplies, etc. are of particular importance to the health sector. However, in general, the provisions in Article 55 are relatively complicated and difficult to apply in practice. In addition, the regulation that contractors do not transfer ownership but only transfer the right to use is unclear about the nature of the relationship, because it could be a lease or a loan, while in practice the supplier is a lender. Therefore, it is proposed to add a policy for suppliers and clearly stipulate that contractors transfer the right to use medical equipment without collecting money for medical examination and treatment facilities.
National Assembly session on May 24.
In addition, National Assembly Delegate Tran Thi Nhi Ha also analyzed: In previous drafts, the content of the regulations allows medical facilities to issue regulations to select suppliers of service vaccination vaccines or drugs not included in the list of drugs covered by insurance and does not necessarily have to comply with the provisions of the Law on Bidding. Because in reality, for service vaccines and drugs sold at hospital pharmacies that are supplied according to people's needs for each specific type, it is impossible to make a procurement estimate but must purchase according to actual use. In the report on receiving and explaining the draft law, the National Assembly Standing Committee also stated that it had accepted the comments but the content of the regulations was not suitable. According to the provisions of the draft, only allowing medical facilities to decide on the forms of contractor selection prescribed in the Law on Bidding cannot solve the above practical problems.
Therefore, Delegate Tran Thi Nhi Ha proposed to amend Clause 2, Article 55, replacing the phrase "medicines in the list of drugs covered by the Health Insurance Fund" with "medicines at drug retail establishments within the premises of medical examination and treatment facilities" to ensure the correct subjects, adding more content regulating the medical facility deciding on the process, procedures and developing regulations for selecting suppliers to apply uniformly in medical facilities.
Source
Comment (0)