Speaking at the meeting, some National Assembly deputies proposed not to apply bidding to pharmacies operating within the premises of hospitals and public medical facilities.
On the afternoon of November 6, continuing the program of the 8th Session of the 15th National Assembly, under the direction of Vice Chairman of the National Assembly Nguyen Duc Hai, 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 Law on Bidding.
Speaking, delegate Tran Khanh Thu (National Assembly Delegation of Thai Binh province) was interested in the amendment and supplement of the Law on Bidding in Clause 2, Article 55 of the Law on Bidding on Regulations on retail sale of drugs at public hospital pharmacies. Delegates said that purchasing drugs for retail sale at hospital pharmacies uses legal revenue sources but is still subject to Article 2 of the Law on Bidding, so it is difficult to implement.
Besides, if the draft Law is amended to apply direct procurement, it will not be able to resolve the difficulties in procurement at public health facilities, including purchasing drugs for drug retail establishments at public hospital pharmacies.
The delegate frankly pointed out two reasons, including:
The first, Direct procurement is not a price-fixing method. There is no form of price fixing in the bidding regulations. Direct procurement is also a form of contractor selection, so it is necessary to carry out the procedures and order of contractor selection such as: developing a plan and it is difficult to determine the needs to develop a plan; organizing appraisal, approving contractor selection; issuing documents, evaluating documents, proposing and appraising as well as approving contractor selection results. The time of the steps cannot be shortened.
While hospital pharmacies not only serve inpatients but also outpatients, patients’ relatives and others. Currently, there is no form for direct purchasing.
Monday, Hospital pharmacies operate as tax-paying businesses, so the goods sold here include costs. Bidding organization and the costs and taxes of the business establishment will be calculated on the product price. People will have to bear this additional cost. The legal revenue of the public autonomous unit also has other sources of revenue such as: canteen, grocery store. If the scope of Article 2 of the Bidding Law is applied, the products here are also subject to application.
Agreeing with the above opinion, delegate Tran Thi Nhi Ha (National Assembly Delegation of Hanoi) stated that retail drug stores at medical examination and treatment facilities are establishments that provide drugs, medical equipment, cosmetics, functional foods and other essential goods within the premises of medical examination and treatment facilities. According to regulations, hospital pharmacies are fully responsible for their operations by the hospital director.
Regarding the purchase price of drugs, Decree 155 of the Government stipulates that hospital pharmacies must not 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.
“Hospital pharmacies sell drugs according to patients’ needs, without being able to predict the list, quantity, and disease patterns that are constantly changing, so it is difficult to develop a plan to select contractors. Lack of drugs at hospital pharmacies forces people to buy from outside, which is both inconvenient and difficult to control quality and price, affecting the right to access the best medical services,” the delegate said.
Delegate analysis: The provisions in Clause 1, Article 2 and Clause 2, Article 55 of the Bidding Law have caused a lot of confusion for hospitals. According to Clause 1, Article 2, all activities of selecting contractors using capital from the legal revenue sources of the unit must apply the bidding law, while the provisions in Clause 2, Article 55 allow the facility to decide on its own procurement.
In practice, many health departments and medical facilities sent official dispatches to the Ministry of Health and the Ministry of Planning and Investment, reflecting difficulties and shortcomings, and requesting guidance on this content.
Faced with the above situation, both female delegates proposed to amend Clause 2, Article 55 in the following direction: Regarding the purchase of vaccines for vaccination in the form of services; 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.
Delegate Tran Thi Nhi Ha also proposed to amend Clause 1, Article 2 as follows: Contractor selection activities using 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 prescribed in Clause 2, Article 55 of this Law).
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