CIRCULAR

PRESCRIBING BIDDING DOCUMENTS FOR PROCUREMENT OF HERBAL MATERIALS AND TRADITIONAL MEDICINAL MATERIALS BY PUBLIC HEALTH FACILITIES

Pursuant to the Law on Bidding No. 43/2013/QH13 dated November 26, 2013;

Pursuant to the Law on Pharmacy No. 105/2016/QH13 dated April 06, 2016;

Pursuant to the Government’s Decree No. 63/2014/ND-CP dated June 26, 2014 providing guidelines for the Law on bidding regarding contractor selection;

Pursuant to the Government’s Decree No. 54/2017/ND-CP dated May 08, 2017 on guidelines for implementation of the Law on Pharmacy;

Pursuant to the Government’s Decree No. 155/2018/ND-CP dated November 12, 2018 providing amendments to some articles related to business conditions under state management of the Ministry of Health of Vietnam;

Pursuant to the Government’s Decree No. 75/2017/ND-CP dated June 20, 2017 defining functions, tasks, powers and organizational structure of the Ministry of Health of Vietnam;

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The Minister of Health of Vietnam promulgates a Circular prescribing forms of bidding documents for procurement of herbal materials and traditional medicinal materials by public health facilities.

Article 1. Scope

1. This Circular provides detailed regulations on forms of bidding documents for procurement of herbal materials (including preliminarily processed herbal materials) and traditional medicinal materials used in competitive bidding and selective bidding processes of public health facilities funded by state budget, health insurance fund, revenues from provision of medical services, and other lawful funding sources.

2. This Circular does not stipulate forms of bidding documents for procurement of semi-finished herbal materials and traditional medicinal materials in the standardized form of glue, granule, powder, extract, essential oil, resin, gum or jelly.

3. Public health facilities shall prepare and issue requests for proposals for procurement of herbal materials and traditional medicinal materials in the form of direct procurement, shopping method or direct contracting according to guidelines given by the Ministry of Planning and Investment of Vietnam and certain contents of forms of bidding documents enclosed herewith.

Article 2. Forms of bidding documents for procurement of herbal materials and traditional medicinal materials

Forms of bidding documents for procurement of herbal materials and traditional medicinal materials used in domestic competitive bidding and selective bidding by public health facilities are enclosed herewith, including:

1. Form No. 01: Bidding documents for procurement of herbal materials and traditional medicinal materials adopting single stage-one envelope bidding procedure. Details are provided in Appendix I enclosed herewith.

2. Form No. 02: Bidding documents for procurement of herbal materials and traditional medicinal materials adopting single stage-two envelope bidding procedure. Details are provided in Appendix II enclosed herewith.

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1. The Traditional Medicine Administration of Vietnam shall: 

a) Frequently update and publish on its website the information specified in Clause 4 Article 50 of the Circular No. 15/2019/TT-BYT dated July 11, 2019 of the Minister of Health of Vietnam prescribing bidding for supply of drugs to public health facilities (hereinafter referred to as “Circular No. 15/2019/TT-BYT”) and the following information:

- The list of business establishments that have commitments on herbal plant cultivation and collection sites as prescribed in the Circular No. 38/2021/TT-BYT dated December 31, 2021 of the Minister of Health of Vietnam prescribing quality of herbal materials, traditional medicinal materials, and traditional drugs (hereinafter referred to as “Circular No. 38/2021/TT-BYT”).  

b) Organize the implementation of this Circular nationwide.

2. Health facilities shall submit reports on contract package results as follows:

a) Health facilities affiliated to the Ministry of Health of Vietnam shall submit reports on implementation of herbal material/traditional medicinal material contract packages to the Ministry of Health of Vietnam (via the Traditional Medicine Administration of Vietnam) by October 31 each year.

b) Health facilities affiliated to Provincial Departments of Health shall submit reports on implementation of contract packages to Provincial Departments of Health by October 15 each year. Provincial Departments of Health shall prepare and submit consolidated reports to the Ministry of Health of Vietnam (via the Traditional Medicine Administration of Vietnam) by October 31 each year.

c) Health facilities affiliated to health authorities of supervisory ministries and other health facilities shall submit reports on implementation of herbal material/traditional medicinal material contract packages to competent authorities that have given approval for their contractor selection plans.

3. Reports shall be made using the forms provided in Appendix III and Appendix IV enclosed herewith. Reports shall be submitted to the Ministry of Health of Vietnam (via the Traditional Medicine Administration of Vietnam) in the form of physical copy and soft copy to the following email address: [email protected].vn.

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1. Bidding documents and requests for proposals issued before February 15, 2022 shall remain valid. Herbal materials and traditional medicinal materials which are supplied by contractors selected according to these bidding documents and requests for proposals shall still be used by health facilities.

2. With regard to bidding documents and requests for proposals issued after February 15, 2022 and before the effective date of this Circular, the bidding process shall continue to be implemented according to the issued bidding documents and requests for proposals and the provisions of the Circular No. 38/2021/TT-BYT.

Article 5. Reference

If any legislative documents referred to in this Circular are superseded or amended, the new ones shall apply.

Article 6. Effect

1. This Circular comes into force from October 24, 2022.

2. The Circular No. 31/2016/TT-BYT dated August 10, 2016 of the Minister of Health of Vietnam shall cease to have effect from the effective date of this Circular.

Difficulties that arise during the implementation of this Circular should be promptly reported to the Ministry of Health of Vietnam (via the Traditional Medicine Administration of Vietnam) for consideration./.

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PP. MINISTER
DEPUTY MINISTER




Do Xuan Tuyen