| Số hiệu | 14/2023/TT-BYT |
| Loại văn bản | Thông tư |
| Cơ quan | Bộ Y tế |
| Ngày ban hành | 30/06/2023 |
| Người ký | Lê Đức Luận |
| Ngày hiệu lực | |
| Tình trạng |
|
MINISTRY
OF HEALTH |
SOCIALIST
REPUBLIC OF VIETNAM |
|
No. 14/2023/TT-BYT |
Hanoi, June 30, 2023 |
CIRCULAR
ON PROCEDURES FOR DETERMINATION OF BUDGET LIMITS FOR PROCUREMENT OF GOODS AND SERVICES FOR MEDICAL EQUIPMENT AT PUBLIC HEALTH FACILITIES
Pursuant to the Law on Procurement dated November 26, 2013;
Pursuant to the Government's Decree No. 63/2014/ND-CP dated June 26, 2014 on elaboration of the Law on Procurement concerning selection of preferred bidders;
Pursuant to the Government’s Decree No. 95/2022/ND-CP dated November 15, 2022 defining the functions, tasks, powers, and organizational structure of the Ministry of Health;
Pursuant to Decree No. 98/2021/ND-CP dated November 8, 2021 of the Government on management of medical equipment; Decree No. 07/2023/ND-CP dated March 3, 2023 of the Government on amendments to the Government's Decree No. 98/2021/ND-CP dated November 8, 2021 on medical equipment management;
Pursuant to the Government's Resolution No. 30/NQ-CP dated March 4, 2023 on further ensuring the supply of drugs and medical equipment;
Pursuant to Circular No. 10/2015/TT-BKHDT dated October 26, 2015 of the Minister of Planning and Investment on elaboration of the plan for selection of preferred bidder;
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At the proposal of the Director of the Department of Planning and Finance;
Minister of Health promulgates a Circular on procedures for determination of budget limits for procurement of goods and services for medical equipment at public health facilities.
Article 1. Scope and regulated entities
1. This Circular provides for procedures for determination of budget limits for procurement of goods and services for medical equipment, including:
a) Procurement of medical equipment;
b) Procurement of spare parts, accessories and supplies for medical equipment;
c) Procurement of services of repair, maintenance, inspection, and calibration of medical equipment.
2. This Circular applies to public health authorities, units and facilities that procure goods and services as specified in Clause 1 of this Article and related organizations and individuals.
Article 2. Method of determining budget limits for procurement of goods and services for medical equipment
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a) Collect quotations provided by goods and services providers (hereinafter referred to as suppliers) for medical equipment;
b) Survey the successful bids of similar goods and services on the e-Government Procurement system (https://muasamcong.gov.vn);
c) The prices of assets, goods, and services which are valued by valuation authorities or companies as per the law on prices.
2. The first step in determining the budget limit is to collect quotations from suppliers. If this method is not feasible, one of the methods specified in Clause 1(b) or (c) of this Article shall be used.
3. If the Investor uses at least two methods specified in Clause 1 of this Article, they may choose the highest budget limit that meets their financial capacity and procurement practices requirements.
Article 3. Determination of budget limit for medical equipment and spare parts, accessories and supplies used for medical equipment
1. Determine the budget limit according to the supplier's quotations:
a) Before determining the budget limit, based on the actual situation, the Investor shall, on their own or with the assistance of the Department of Health, establish the Council or assign an affiliated entity act as the Council (hereinafter referred to as the Council) to select the list of relevant medical equipment and requirements pertaining to basic functions and specifications;
b) Based on the requirements pertaining to basic functions and specifications in point a, the Investor shall post a request for quotations (RFQ) using the form specified in the Appendix to this Circular on e-Government Procurement or on the Portal or website of the Investor or the Portal of the Ministry of Health or the online public service portal on medical equipment management (https://dmec.moh.gov.vn) within at least 10 days from the RFQ posting date.
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c) After the expiry of the RFQ posting time, the Investor shall, based on the number of quotations received (even if only 1 or 2 quotations are received), either:
- set a budget limit at their own discretion, or
- Task the Council with considering a budget limit for the Investor to decide.
If there are at least two quotations, the highest one can be selected as long as it is suitable for their financial capacity and practices requirements.
d) If the Investor needs to ensure technological compatibility, copyright, or immediate implementation, as stipulated in Point a, Clause 1, Article 22 of the Law on Procurement, they may send an RFQ directly to the supplier.
For example:
When determining the budget limit to buy tests and test kits of company A's testing machine, the investor is entitled to get a quote from company A, or a supplier designated and authorized by company A.
dd) The contents of the RFQ form are specified in the appendix issued with this Circular.
2. Determine the budget limit according to the successful bids of similar goods and services:
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b) Based on the requirements pertaining to basic functions and specifications in point a, the Investor shall:
- Specify the period for referencing the successful bids: no more than 120 days from the date of submitting the plan for selection of preferred bidder for approval.
For example: If the date of submission of the plan for selection of preferred bidder is August 1, 2023, the reference period is 120 days before this date.
- Review the successful bids posted on e-Government Procurement during the reference period.
- Summarize the review results and take further actions as prescribed in point c clause 1 of this Article.
3. Set the budget limit based on the prices of assets, goods, and services which are valued by valuation authorities or companies as per the law on prices:
a) Before determining the budget limit, the Investor selects or forms a Council to select the list of relevant medical equipment and requirements pertaining to basic functions and specifications;
b) Based on the requirements pertaining to basic functions and specifications in point a, the Investor shall choose a valuation entity as per the law on procurement;
c) Use the results provided by a valuation authority and not liable for such results.
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Based on the actual situation, the Investor shall establish the Council to select the list of relevant medical equipment, workload of repair, maintenance, inspection, and calibration based on the requirements pertaining to basic functions and specifications, and then determine the budget limit as follows:
1. Determine the budget limit according to the supplier's quotations: Comply with points b, c, d, and dd Clause 1 Article 3 hereof.
2. Determine the budget limit according to the successful bids of similar goods and services: Comply with point b Clause 2 Article 3 hereof.
3. Set the budget limit based on the prices of assets, goods, and services which are valued by valuation authorities or companies as per the law on prices: Comply with point b Clause 3 Article 3 hereof.
Article 5. Transitional provisions
1. Plans for selection of preferred bidder that have been approved before the date of entry into force of this Circular shall remain valid.
2. As for plans for selection of preferred bidder that have not been approved, the approving authorities shall either approve them or request the Investors to re-determine their budget limits as per this Circular.
Article 6. Entry in force
This Circular comes into force as of July 1, 2023 to December 12, 2023.
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1. The Investor or the Department of Health shall decide the composition of the Council as prescribed in Articles 3 and 4 of this Circular. For the purpose of determining budget limits, Council members must be qualified and impartial to choose the list of relevant medical equipment and requirements pertaining to basic functions and specifications. They must not set conditions to limit participation of bidders or create an advantage for one or several bidders, as this would create unfair competition.
2. The Ministry of Health shall direct, guide, inspect, and make a final report on implementation of this Circular.
3. Heads of units affiliated to central ministries and central authorities, Directors of Health Departments of provinces and centrally affiliated cities, and relevant agencies, organizations and individuals shall implement this Circular.
Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Health for consideration./.
PP. MINISTERDEPUTY MINISTERLe Duc Luan
APPENDIX
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RFQ form
Applied to procurement of services of repair, maintenance, inspection, and calibration of medical equipment
REQUEST FOR QUOTATIONS(1)
To: Service providers in Vietnam
...[investor’s name] is seeking quotations to determine the budget limit and select preferred bidder for… [the procurement’s name, project’s name, procurement estimates], in specific:
I. Details of the requesting entity
1. Requesting entity: ... [insert name and address of Investor].
2. Contact information of the person in charge of receiving quotations: ... [insert full name, position, phone number, email address of the person assigned to receive quotations].
3. Method of receiving quotations:...
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- Received in person at the address:... [insert specific address to receive quotation].
- Received by email:... [specify email to receive quotations].
- Received by Fax: ...[specify fax number to receive quotations].
4. Time limit for receiving quotations: From 8 a.m... [date] to before 5 p.m.….[date](2)
Any quotation received after the above date will not be considered.
5. Validity period of quotation: At least .... days [insert number of days but not less than 90 days], from…[date] to... [date] [in accordance with the information in Clause 4 of this Section].
II. RFQ contents
The Investor The investor lists in detail the list of required services and briefly describes the services according to the following table:
No.
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Description(*)
Workload
Unit
Location to perform service
Expected completion date
(1)
(2)
(3)
(4)
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(6)
(7)
1
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…
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Notes:
(1), (2), (3), (4): The investor provides the supplier with a work description and service requirements to help them create a quotation.
Quotation form
Applied to procurement of services of repair, maintenance, inspection, and calibration of medical equipment
QUOTATION(1)
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On the basis of RFQ of... [insert name of Investor requesting quotation], we… [insert name, address of the supplier; or the names and addresses of the members of the joint venture (in case multiple suppliers make the quotation as a joint venture) provide a quotation for repair, maintenance, inspection, and efficiency services for medical equipment as follows:
1. Quotation for repair, maintenance, inspection, and calibration of medical equipment.
No.
List of services
Description
Bill of Quantities
Unit
Unit price
Amount
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2
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Total:
2. This quotation is valid for: .... days, from… [date] [insert number of days but not less than 90 days], from…[date] to... [date] [in accordance with the information in Clause 4 of Section I - RFQ].
3. We hereby declare that:
- We are not in the process of dissolving, and our business registration certificate, certificate of household business registration, or equivalent document has not been revoked. We also do not default on payments as per the law on enterprises.
- The value stated in the quotation is appropriate and not to be in breach of the law on competition and dumping.
- The information stated in the quotation is true.
[Location]…[date]….
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Legal representative of the supplier(2)(Signature, stamp (if any))
Notes:
(1) Suppliers must complete this form to provide a quote. To send quotations via e-Government Procurement upon request, suppliers must log in to the bidder's account and follow the instructions to send their quotation and relevant documentation to the Investor. In such circumstance, suppliers are not required to sign and stamp the quotation as required in note 12.
(2) The legal representative or their authorized person must sign and stamp (if any). In case of authorization, a power of attorney to sign the quotation must be enclosed. In case of joint venture, the legal representatives of all JV’s Parties must sign and stamp (if any) the quotation.
To send quotations via e-Government Procurement, manufacturers or suppliers must log in to the bidder's account and follow the instructions to send their quotation. If a joint venture (JV) is involved, the JV’s Parties must designate a representative to submit their quotation on the system. In this circumstance, the representative shall log in to the bidder’s digital identification to send the JV’s quotation. Quotation form shall be completed and submitted as guided in this document and on e-Government Procurement.
RFQ form
Applied to procurement of medical equipment and spare parts, accessories and supplies used for medical equipment
REQUEST FOR QUOTATIONS(1)
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... [Investor’s name] is seeking quotations to determine the budget limit and select preferred bidder for… [the procurement’s name, project’s name, procurement estimates], in specific:
I. Details of the requesting entity
1. Requesting entity: ... [insert name and address of Investor].
2. Contact information of the person in charge of receiving quotations:… [insert full name, position, phone number, email address of the person assigned to receive quotations].
3. Method of receiving quotations:...
Specify how quotations are received in any of the following ways:
- Received in person at the address:... [insert specific address to receive quotation].
- Received by email:... ... [specify email to receive quotations].
- Received by Fax: ... [specify fax number to receive quotations].
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Any quotation received after the above date will not be considered.
5. Validity period of quotation: At least .... days [insert number of days but not less than 90 days], from…[date] to... [date] in accordance with the information in clause 4 hereof].
II. RFQ contents:
1. List of medical equipment/spare parts, accessories and supplies used for medical equipment (hereinafter referred to as equipment).
No.
List
Description of functions, specifications, and related technical information
Quantity/volume
Unit
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Equipment A
Details in… [reference] in the Description table enclosed
Specify quantity/volume to be procured
Specify the unit
2
Equipment B
Details in… [reference] in the Description table enclosed
Specify quantity/volume to be procured
Specify the unit
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…
2. Location of supply, installation; requirements pertaining to transport, delivery, installation, and storage of medical equipment’: Details in… [specify reference] in the attached description table, with specific requirements pertaining to the place of supply and installation; requirements on transportation, supply, installation, and storage of medical equipment.
3. Estimated delivery time: According to the estimated time of delivery, in accordance with the plan for selection of preferred bidder and the time to hold selection of preferred bidder.
4. Expected terms of advance, contract payment: Specify the rate of advance, contract payment and conditions for advance and payment.
5. Other details (if any).
(Basic functions and specifications of medical equipment; requirements pertaining to the place of supply and installation; requirements on transportation, supply, installation and storage of medical equipment, and other information shall be specified in the attached description table).
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(1) In case of posting on e-Government Procurement, the Investor shall log in to e-Government Procurement with the account of the Investor or bidder to post the RFQ.
RFQ shall be completed and submitted as guided in this document and on e-Government Procurement.
The Investor must attach the file “Description”, must state enough information for the contractor to make a quotation, such as basic functions and specifications of medical equipment; requirements pertaining to the place of supply and installation; requirements on transportation, supply, installation, and storage of medical equipment, and expected delivery date and relevant information).
If e-Government Procurement is able to create the feature of sending and receiving RFQs (as per the Ministry of Planning and Investment's notice), manufacturers and suppliers must log into e-Government Procurement using their bidder accounts to send quotations and related documents to the Investor. They must not send quotations using the methods mentioned in Clause 3, Section I of this Form. After the deadline for receiving quotations, manufacturers and suppliers will not be able to submit quotations to e-Government Procurement. In this case, the content in Clause 3, Section I of this Form is amended as follows:
“3. Method of receiving quotations: manufacturers and suppliers must log into e-Government Procurement using their bidder accounts to send quotations. Quotations are sent by post, fax, email. Other means will not be considered”.
After receiving quotations, the Investor logs into the e-Government Procurement platform using their Investor or bidder account to view the quotations submitted by manufacturers and suppliers.
(2) The deadline for receiving quotations is at least 10 days after the RFQ is posted or sent. The aforementioned deadline must not fall on a working day off in accordance with the labor law.
Quotation form
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QUOTATION(1)
To: ... [insert name of Investor requesting quotation]
On the basis of RFQ of... [insert name of Investor requesting quotation], we… [insert name, address of the manufacturer/supplier; or the names and addresses of the members of the joint venture (in case multiple suppliers make the quotation as a joint venture) provide a quotation for medical equipment as follows:
1. Quotations for medical equipment and related services
No.
List of medical equipment(2)
Symbol, mark, brand, model, manufacturer
HS code(4)
Year of manufacture(5)
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...
Quantity/volume(7)
Unit price(8)
(VND)
Costs of related services(9)
(VND)
Taxes, fees, charges (if any)(10)
(VND)
Amount(11)
(VND)
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Equipment A
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2
Equipment B
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(Enclosed with documents proving the features, specifications, and relevant documents of the medical equipment)
2. This quotation is valid for: .... days, from… [date] [insert number of days but not less than 90 days], from…[date] to... [date] [in accordance with the information in Clause 4 of Section I - RFQ].
3. We hereby declare that:
- We are not in the process of dissolving, and our business registration certificate, certificate of household business registration, or equivalent document has not been revoked. We also do not default on payments as per the law on enterprises.
- The value of medical equipment stated in the quotation is appropriate and not to be in breach of the law on competition and dumping.
- The information stated in the quotation is true.
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[Location]…[date]….Legal representative of the manufacturer/supplier(12)(Signature, stamp (if any))
Notes:
(1) Manufacturers/suppliers must complete this form to provide a quotation. To send quotations via e-Government Procurement upon request, manufacturers/suppliers must log in to the bidder's account and follow the instructions to send their quotation and relevant documentation to the Investor. In such circumstance, manufacturers/suppliers are not required to sign and stamp as required in note 12.
(2) Manufacturers/suppliers specify the type of medical equipment according to the requirements specified in the column “List of medical equipment” in the RFQ.
(3) Manufacturers/suppliers specify the name, symbol, code, model, manufacturer of the medical equipment corresponding to the type of medical device recorded in the column "List of medical equipment".
(4) Manufacturers/suppliers specify the HS code of each medical equipment.
(5), (6) Manufacturers/suppliers specify the year of manufacture and origin of the medical equipment.
(7) Manufacturers/suppliers specify the quantity and volume according to those stated in the RFQ.
(8) Manufacturers/suppliers specify the value of the unit price corresponding to each piece of medical equipment.
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(10) Manufacturers/suppliers specify the amount of taxes, fees, and charges (if any) for each piece of medical equipment or the entire medical equipment. With respect to imported medical equipment, Manufacturers/suppliers must calculate the costs of import, customs, insurance, and other costs outside the territory of Vietnam to allocate to the unit price of the equipment.
(11) Manufacturers/suppliers specify the quote corresponding to each medical equipment. The value stated in this column is the total cost of each piece of medical equipment, including taxes, fees, charges, and related services (if any), as specified in the RFQ.
Manufacturers/suppliers specify unit prices, costs for related services, taxes, fees, and charges in Vietnam dong (VND). If the quotation is in foreign currency, the Investor will convert it to Vietnamese Dong (VND) using the exchange rate of the Vietnam Bank for Foreign Trade (VCB) announced on the deadline for receiving quotations.
(12) The legal representative or their authorized person must sign and stamp (if any). In case of authorization, a power of attorney to sign the quotation must be enclosed. In case of joint venture, the legal representatives of all JV’s Parties must sign and stamp (if any) the quotation.
To send quotations via e-Government Procurement, manufacturers or suppliers must log in to the bidder's account and follow the instructions to send their quotation. If a joint venture (JV) is involved, the JV parties must designate a representative to submit their quotation on the system. In this circumstance, the representative shall log in to the bidder’s digital identification to send the JV’s quotation. Quotation form shall be completed and submitted as guided in this document and on e-Government Procurement.
| Số hiệu | 14/2023/TT-BYT |
| Loại văn bản | Thông tư |
| Cơ quan | Bộ Y tế |
| Ngày ban hành | 30/06/2023 |
| Người ký | Lê Đức Luận |
| Ngày hiệu lực | |
| Tình trạng |
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| Số hiệu | 14/2023/TT-BYT |
| Loại văn bản | Thông tư |
| Cơ quan | Bộ Y tế |
| Ngày ban hành | 30/06/2023 |
| Người ký | Lê Đức Luận |
| Ngày hiệu lực | |
| Tình trạng |