The Ministry of Health has announced that it has received requests from several localities and units for guidance on resolving difficulties in drug procurement bidding after the Law on Bidding No. 22/2023/QH15 came into effect.
Regarding this matter, the Ministry of Health has a specific opinion: on June 23, 2023, the 15th National Assembly passed Law No. 22 on Bidding, which came into effect on January 1, 2024, and replaced Law No. 43 on Bidding dated November 26, 2013, including transitional provisions in Article 96 of Law No. 22 on Bidding.
To implement Law No. 22 on Bidding, the Ministry of Planning and Investment is finalizing the process of soliciting feedback from Government members before submitting to the Government a Decree detailing certain provisions and implementation measures of the Law on Bidding regarding contractor selection.
The Ministry of Health requests that all units carefully study Law No. 22 on Bidding.
Currently, the Ministry of Health is developing a Circular regulating the bidding process for pharmaceuticals at public health facilities, ensuring compliance with the provisions of Law No. 22 on Bidding and the Decree detailing certain articles and measures for implementing the Law on Bidding regarding contractor selection; and incorporating and building upon relevant content from previously issued Circulars on pharmaceutical bidding.
To ensure compliance with Law No. 22 on Bidding, the Ministry of Health requests that all units carefully study Law No. 22, in which Clause 1, Article 96 stipulates: "For bidding packages where the selection of contractors has been approved and the invitation for expressions of interest, pre-qualification documents, bidding documents, and request for proposals issued before the effective date of this Law, the selection of shortlists, contractor selection, contract signing, and contract management shall continue to be organized in accordance with Law No. 43 on Bidding and other detailed regulations and guidelines for its implementation."
The Ministry of Health requests that localities and units study and implement the regulations of the law on bidding and be held legally responsible for their decisions.
During the implementation process, if any difficulties arise, units are requested to promptly report them to the competent authorities for consideration and resolution in accordance with regulations .
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