On the morning of June 23, with more than 93% of delegates in favor, the National Assembly passed the Law on Bidding (amended), which stipulates that rare drugs in small quantities can be centrally purchased.
Presenting the report on the acceptance of the National Assembly Standing Committee, Chairman of the Finance and Budget Committee Le Quang Manh said that according to international practice, centralized procurement is often applied to goods and services that need to be purchased in large quantities and of similar types from one or more agencies, organizations and units.
However, the specific conditions of Vietnam are that rare drugs and drugs that need to be purchased in small quantities in each locality and unit, so it will be difficult to select suppliers through separate bidding. Therefore, the draft law adds provisions that rare drugs and drugs that need to be purchased in small quantities can be centrally purchased, in order to ensure feasibility in bidding to select suppliers.
In case the goods are on the centralized list, if they meet the conditions, the price negotiation method can be applied. The law also adds a provision that many agencies and organizations with the need to purchase the same type can be combined into a bidding package for a centralized purchasing agency.
Centralized procurement must be through open bidding. Goods on the list of centralized procurement but needed to be purchased for disease prevention and control must be designated for bidding.
National Assembly deputies press the button to pass the Law on Bidding (amended), June 23. Photo: Hoang Phong
The law also adds a provision to overcome the current limitation of "buying chemicals and having to borrow testing machines" . Accordingly, hospitals can choose contractors to supply chemicals, testing supplies, and medical equipment. The winning bidder is responsible for providing chemicals and medical equipment, but can only transfer the right to use, not the right to transfer ownership of, medical equipment to medical examination and treatment facilities. The law also stipulates that the implementation period will be according to the contract but not more than 5 years.
The Standing Committee of the National Assembly assessed that the regulation on selecting contractors to supply chemicals and medical equipment based on output quantity - is a method recommended by the World Health Organization (WHO) and is being widely applied. This is a new method introduced into the law to overcome limitations in the implementation of purchasing chemicals associated with "ordering machines, borrowing machines", ensuring feasibility, transparency and effectiveness in implementation. In addition, the 5-year application period is suitable for practice, ensuring enough time to switch to another more public and transparent form.
The newly passed law also removes the provision on selecting investors in special cases mentioned in previous draft laws. Chairman of the Finance and Budget Committee Le Quang Manh said that this provision is not consistent with the draft Land Law.
The newly passed law also removes the provisions on selecting investors in special cases mentioned in previous draft laws. Chairman of the Finance and Budget Committee Le Quang Manh said that the provisions on investors in special cases in the previous draft were not consistent with the draft of the Land Law.
In addition, a new regulation is that bidding packages belonging to investment projects of state-owned enterprises and subsidiaries in which the state-owned enterprises hold 100% of charter capital will have to be bid. According to the explanation of the National Assembly Standing Committee, this regulation ensures harmony between the requirement to improve the efficiency of state management and the autonomy of enterprises, without narrowing or expanding the scope of subjects excessively. On the other hand, this also ensures that bidding brings economic benefits to the inviting party, and that competition is fair and public.
The Law on Bidding (amended) takes effect from January 1, 2024.
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