Decree No. 24/2024/ND-CP of the Government detailing a number of articles and measures to implement the Law on Bidding on contractor selection is expected to remove difficulties and obstacles in the practice of purchasing and bidding for drugs, supplies and medical equipment that have occurred in recent times. However, according to experts, in order for hospitals and medical facilities to have adequate drugs, supplies and equipment to serve patients, along with a transparent mechanism, it will take time to implement.
Proactive and flexible in shopping
The content of Decree 24 stipulates in detail the order and procedures for selecting contractors on the basis of continuing to promote decentralization and delegation of authority to investors; reducing time and costs for organizing contractor selection; enhancing the application of information technology in online bidding to improve publicity, transparency, and economic efficiency...
In the health sector, based on the understanding of the shortcomings in bidding that hospitals and medical facilities have faced in recent times, Decree 24 has provisions to fundamentally resolve and create the most favorable conditions possible for public and private medical facilities in bidding for the purchase of drugs, supplies, medical equipment, etc.
It clearly stipulates the bidding packages designated for urgent cases, emergency patient care, and disease prevention services to ensure that hospitals can purchase medicines and medical supplies as soon as possible to serve professional work, without having to carry out time-consuming bidding procedures.
Regarding centralized drug bidding, Decree 24 has added a provision allowing the selection of more than one winning bidder so that if the first bidder is no longer able to supply, the investor can immediately sign a contract with the next ranked bidder. The investor is invited to bid in a way that allows bidders to offer quantities according to their supply capacity, not necessarily the exact quantity of drugs stated in the bidding documents.
In case the drug is on the list of centralized procurement but has not yet organized a bidding or has been bid but has not selected a contractor or the previously signed framework agreement has expired, the hospital is allowed to purchase according to the notice of the unit assigned to centralized procurement to meet the demand for use within a maximum period of 12 months and will be paid by health insurance according to the contract price.
According to representatives of some hospitals, the above regulation will create initiative and flexibility for hospitals in purchasing drugs for medical examination and treatment, basically overcoming the shortage of drugs in the list of centralized bidding at national and local levels. In particular, one of the most difficult problems for medical facilities in recent times is the quotation in the bidding package, Decree 24 has stipulated that the collection of quotations is one of the bases for determining the bidding package price.
In the medical field, if there is more than one quotation, the investor can choose the highest quotation that is suitable for financial capacity and professional requirements as the bid price; in other fields, only the average value of the quotations can be used as the bid price. This regulation helps hospitals choose good quality goods that are suitable for professional needs and financial capacity.
Guidance circular will be available soon
Mr. Duong Duc Thien, Deputy Director of the Department of Planning and Finance (Ministry of Health), said that the unit is currently making efforts to complete the system of legal documents and regulations after Decree 24 was issued. The ministry is also urgently developing a number of circulars related to the list of drugs, testing supplies, and medical equipment subject to price negotiation; the circulars are expected to be issued in the first quarter of 2024.
Medical facilities highly appreciated the Government's early issuance of Decree 24 to remove difficulties in bidding and purchasing drugs, supplies, and medical equipment. Dr. Nguyen Minh Tien, Deputy Director of the City Children's Hospital, commented that the new points in Decree 24 help the hospital quickly complete the bidding process and obtain appropriate equipment to promptly save the lives of seriously ill patients.
However, Associate Professor, Doctor, Doctor Dao Xuan Co, Director of Bach Mai Hospital, said that according to regulations, it takes 2-3 months to complete the bidding process until the goods are available, so Decree 24 and guiding circulars do not mean that medicines and supplies will be available immediately.
Sharing the same view, Prof. Dr. Nguyen Duy Anh, Director of the Central Obstetrics Hospital, shared that Decree 24 provides solutions for medical facilities to ensure adequate supply of drugs, medical supplies and equipment for medical examination and treatment. This is also a legal corridor for hospitals to comply with regulations, ensuring supplies to serve patients for 1-2 years, without having to buy short-term, passive, and small quantities as in the past. However, even with guidance, from the time of bidding procedures to the time of receiving drugs and supplies, it takes at least 2 months, so while waiting for bidding, hospitals need to purchase small packages to ensure professional work.
MSc. Ton Van Tai, Head of Bidding Unit, Cho Ray Hospital, acknowledged that Decree 24 is considered an open direction for hospitals in purchasing drugs and medical supplies. However, the decree is still too new so it needs to be carefully considered and studied.
According to Mr. Le Viet Dung, Deputy Director of the Department of Drug Administration (Ministry of Health), the country currently has over 22,000 types of drugs with valid circulation registration certificates, with about 800 active ingredients, so the supply of drugs on the market is basically guaranteed. However, to further facilitate hospitals and medical facilities in bidding for drugs, the Ministry of Health organized a public consultation on the draft Circular regulating drug bidding at public medical facilities.
At the same time, participate in amending and supplementing Circular 15/2020 on "List of drugs for bidding, list of drugs for centralized bidding, list of drugs subject to price negotiation" and Circular 03/2019 on "List of domestically produced drugs meeting requirements on treatment, drug prices and supply capacity" to comply with the new regulations of the Bidding Law 2023.
MINH KHANG - MINH NAM
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