THE MINISTRY OF HEALTH OF VIETNAM | THE SOCIALIST REPUBLIC OF VIET NAM |
No. 40/2025/TT-BYT | Hanoi, October 25, 2025 |
PRESCRIBING BIDDING FOR SUPPLY OF DRUGS FOR PUBLIC HEALTH FACILITIES
Pursuant to the Law on Bidding dated June 23, 2023;
Pursuant to the Law No. 57/2024/QH15 providing amendments to the Law on Planning, Law on Investment, Law on Public-Private Partnership Investment, and Law on Bidding dated November 29, 2024;
Pursuant to the Law No. 90/2025/QH15 providing amendments to Law on Bidding, Law on Public-Private Partnership Investment, Law on Customs, Law on Value-added Tax, Law on Export and Import Duties, Law on Investment, Law on Public Investment, and Law on Management and Use of Public Property dated June 25, 2025;
Pursuant to the Government’s Decree No. 214/2025/ND-CP dated August 04, 2025 elaborating and providing guidelines for implementation of the Law on Bidding regarding contractor selection;
Pursuant to the Government’s Decree No. 42/2025/ND-CP dated February 27, 2025 defining functions, tasks, powers and organizational structure of the Ministry of Health of Vietnam;
At the request of the Director of the Department of Planning and Finance, the Director of the Drug Administration of Vietnam, and the Director of Traditional Medicine Administration of Vietnam;
The Minister of Health of Vietnam promulgates a Circular prescribing bidding for supply of drugs for public health facilities.
1. This Circular provides regulations on bidding for supply of chemical drugs, radioactive drugs, tracers, vaccines, biologicals, herbal drugs, traditional drugs, herbal materials, traditional medicinal materials and various types of gases which are granted marketing authorization number as drugs to serve medical examination and treatment purposes, including:
a) Division of contract packages and drug categories;
b) Procedures for selection of drug suppliers;
c) Centralized drug procurement.
2. This Circular shall not apply to:
a) Procurement of drugs according to orders or task assignment of the State which shall comply with the Government’s Decree No. 32/2019/ND-CP dated April 10, 2019 prescribing task assignment, ordering or bidding for supply of public products and services funded by state budget for recurrent expenditures.
b) Procurement of drugs for use in health offices, health authorities, detention facilities and compulsory rehabilitation centers of the armed forces which shall comply with the guidelines given by the Ministry of National Defence of Vietnam and the Ministry of Public Security of Vietnam.
c) Procurement of qualified whole blood and blood products which shall comply with provisions of the Circular No. 15/2023/TT-BYT dated July 20, 2023 of the Minister of Health of Vietnam prescribing maximum prices and costs of determination of prices of qualified whole blood units and blood products.
d) Procurement of drugs using funds other than state budget-derived funding of public service units that self-cover both investment and recurrent expenditures (group-1 units) and public service units that self-cover recurrent expenditures (group-2 units) which shall comply with provisions of point c clause 2 Article 1 and clause 31 Article 1 of the Law No. 90/2025/QH15 dated June 25, 2025 of the National Assembly of Vietnam (hereinafter referred to as “Law No. 90/2025/QH15“), unless such units decide to carry out procurement of drugs according to regulations herein.
For the purposes of this Circular, the terms used herein shall be construed as follows:
1. “national centralized procurement unit” is a unit assigned by the Ministry of Health of Vietnam to organize the national centralized procurement of drugs.
2. “provincial centralized procurement unit” is a unit assigned by a provincial-level People’s Committee to organize the centralized procurement of drugs in their province.
Article 3. Responsibility to formulate drug supplier selection plan and organize drug supplier selection
1. The national centralized procurement unit shall formulate, approve, and organize the implementation of drug supplier selection plans in accordance with Chapter IV of this Circular under which the time for implementation of a framework agreement and time for execution of a contract package must not exceed 36 months, divided by drug category and supply intervals (quarterly and annually), in respect of the following drugs:
a) Drugs which are included in the list of drugs procured through national centralized procurement promulgated by the Minister of Health of Vietnam, and meet category-1 or category-2 technical criteria set out in Article 4 of this Circular;
b) Drugs included in the list of rare drugs promulgated by the Minister of Health of Vietnam;
c) Drugs for which only a small quantity needs to be procured to meet medical examination and treatment as prescribed in Clause 1 Article 53 of the Law on Bidding.
2. Provincial centralized procurement units shall formulate, approve and organize the implementation of drug supplier selection plans in accordance with Chapter IV of this Circular under which the time for implementation of a framework agreement and time for execution of a contract package must not exceed 36 months, divided by drug category and supply interval (quarterly and annually), in respect of the following drugs:
a) Drugs included in the list of drugs procured through provincial centralized procurement, except those prescribed in Point a Clause 1 of this Article;
b) Drugs included in the list of rare drugs promulgated by the Minister of Health of Vietnam;
c) Drugs for which only a small quantity needs to be procured to meet medical examination and treatment as prescribed in Clause 1 Article 53 of the Law on Bidding.
3. Procurement of drugs as prescribed in clause 5 Article 53 of the Law on Bidding shall be subject to the following provisions:
a) If regulatory authorities, organizations and units (hereinafter referred to as “units”) have reach an agreement to appoint a unit to take charge of the procurement, the appointed unit shall consolidate demands of other units that have entered into the agreement, and organize the procurement in accordance with regulations of the Law on Bidding.
Such an agreement must be made in writing and clearly indicate responsibility to consolidate and send procurement demands, and responsibility to pay costs.
b) If units do not reach any agreement and cannot organize the drug supplier selection themselves or have organized the drug supplier selection which is unsuccessful, they shall send their procurement demands to:
– The Ministry of Health of Vietnam, for units under the management of this Ministry or in case a drug is requested by 02 provinces or more;
– Provincial Departments of Health, for units that are located in a province and not under the management of the Ministry of Health of Vietnam.
Within 10 from its receipt of the written request from units, the relevant supervisory authority shall appoint a unit to take charge of the procurement. If a request is refused, a written response indicating reasons for such refusal shall be provided.
4. Other Purchasers, except centralized procurement units, shall formulate, approve and organize the implementation of drug supplier selection plans in respect of contract packages for drugs under their management. Such formulation, approval and organization of the implementation of drug supplier selection plans shall comply with provisions of Chapter III of this Circular; the maximum duration of a contract package is 36 months.
DIVISION OF CONTRACT PACKAGES AND DRUG CATEGORIES
Article 4. Generic drug contract packages
A generic drug contract package may contain one or several generic drugs (chemical drugs, radioactive drugs, tracers, vaccines, biologicals). Each list of generic drugs must be sorted by category. Each generic drug in each category is a part of the contract package. A contract package of generic drugs is divided into 05 categories based on technical criteria as follows:
1. Category 1 consists of drugs which have been granted certificate of marketing authorization or import license for sale in Vietnam and satisfy one of the following criteria:
a) The drug is manufactured on the production line fulfilling EU-GMP requirements or the production line fulfilling EU-GMP-equivalent requirements in a SRA or EMA country and announced by a drug authority of Vietnam to have fulfilled EU-GMP requirements or EU-GMP-equivalent requirements;
b) The drug is included in the list of original brand-name drugs or reference biologicals announced by the Ministry of Health of Vietnam;
c) The drug is wholly manufactured in Vietnam and meets all of the following criteria:
– The drug is wholly manufactured on the production line fulfilling EU-GMP requirements or the production line fulfilling EU-GMP-equivalent requirements and announced by a drug authority of Vietnam to have fulfilled EU-GMP requirements or EU-GMP-equivalent requirements;
– The drug has been granted certificate of marketing authorization by a drug authority of a SRA or EMA country according to Clause 4 Article 38 of this Circular;
– The drug sold in Vietnam and the drug granted certificate of marketing authorization by a drug authority of a SRA or EMA country must have the same dosage form, production process, quality specifications and testing methods; drug substances and excipients must have the same quality specifications and been manufactured at the same manufacturing factory or site as prescribed in Clause 4 Article 38 of this Circular.
2. Category 2 consists of drugs which have been granted certificate of marketing authorization or import license for sale in Vietnam and satisfy one of the following criteria:
a) The drug has been wholly manufactured on the production line fulfilling EU-GMP requirements or the production line fulfilling EU-GMP-equivalent requirements and announced by a drug authority of Vietnam to have fulfilled EU-GMP requirements or EU-GMP-equivalent requirements;
b) The drug has been wholly manufactured on the production line in a country that is concurrently a member state of PIC/s and a member state of ICH, certified by a competent authority of this country to have fulfilled PIC/s-GMP requirements, and announced by a drug authority of Vietnam to have fulfilled PIC/s-GMP requirements.
3. Category 3 consists of drugs which have been granted certificate of marketing authorization or import license for sale in Vietnam and of which evidence of bioequivalence has been announced by a drug authority of Vietnam.
4. Category 4 consists of drugs which have been granted certificate of marketing authorization in Vietnam and have been wholly manufactured in Vietnam on production lines fulfilling GMP requirements as certified by drug authorities of Vietnam.
5. Category 5 consists of drugs which have been granted certificate of marketing authorization or import license for sale in Vietnam.
Article 5. Original brand-name drug contract packages
1. Heads of public health facilities shall make decision on procurement of original brand-name drugs or reference biologicals on the basis of opinions given by the Drug and Treatment Councils, for hospitals, or the Expert Councils, for other public health facilities (hereinafter referred to as “Councils”).
2. An original brand-name drug contract package may contain one or several original brand-name drugs or reference biologicals. Each drug is a part of the contract package. A drug included in the original brand-name drug contract package must be included in the list of original brand-name drugs or reference biologicals announced by the Ministry of Health of Vietnam, and wholly manufactured in a SRA or EMA country.
Article 6. Contract packages of herbal drugs, drugs containing drug substances combined with herbal materials, and traditional drugs
A contract package of herbal drugs, drugs containing drug substances combined with herbal materials, and traditional drugs (excluding traditional medicinal materials) may contain one or several drugs. Each list of drugs must be sorted by the drug category. Each drug in a category is a part of the contract package. A contract package of herbal drugs, drugs containing drug substances combined with herbal materials, or traditional drugs is divided into 04 categories based on technical criteria as follows:
1. Category 1 consists of drugs which have been wholly manufactured in Vietnam on production lines fulfilling GMP requirements as certified by drug authorities of Vietnam and all herbal materials contained in which have been announced by a drug authority of Vietnam to have fulfilled GACP requirements.
2. Category 2 consists of drugs which have been wholly manufactured in Vietnam on production lines fulfilling GMP requirements as certified by drug authorities of Vietnam and at least 50% of herbal materials contained in which has been announced by a drug authority of Vietnam to have fulfilled GACP requirements.
3. Category 3 consists of drugs which have been wholly manufactured in Vietnam on production lines fulfilling GMP requirements as certified by drug authorities of Vietnam.
4. Category 4 consists of drugs which have been granted certificate of marketing authorization or import license for sale in Vietnam.
Article 7. Contract packages of traditional medicinal materials
A contract package of traditional medicinal materials may contain one or several traditional medicinal materials (except contract packages of traditional medicinal materials in the form of glue, granule, powder, extract, essential oil, resin, gum or jelly). Each list of traditional medicinal materials must be sorted by category of traditional medicinal materials. Each traditional medicinal material in a category is a part of the contract package. A contract package of traditional medicinal materials is divided into 03 categories based on technical criteria as follows:
1. Category 1 consists of traditional medicinal materials which have been wholly manufactured in Vietnam on production lines fulfilling GMP requirements as certified by drug authorities of Vietnam and are made of herbal materials announced by a drug authority of Vietnam to fulfill GACP requirements.
2. Category 2 consists of traditional medicinal materials which have been wholly manufactured in Vietnam on production lines fulfilling GMP requirements as certified by drug authorities of Vietnam.
3. Category 3 consists of traditional medicinal materials which fail to meet the criteria in Clause 1 and Clause 2 of this Article but have been granted certificate of marketing authorization or certificate of declaration of quality specifications or import license for sale in Vietnam.
Article 8. Contract packages of traditional medicinal materials in the form of glue, granule, powder, extract, essential oil, resin, gum or jelly
A contract package of traditional medicinal materials in the form of glue, granule, powder, extract, essential oil, resin, gum or jelly may contain one or several traditional medicinal materials. Each list of traditional medicinal materials must be sorted by category of traditional medicinal materials. Each traditional medicinal material in a category is a part of the contract package. A contract package of traditional medicinal materials in the form of glue, granule, powder, extract, essential oil, resin, gum or jelly is divided into 03 categories based on technical criteria as follows:
1. Category 1 consists of traditional medicinal materials in the form of glue, granule, powder, extract, essential oil, resin, gum or jelly which have been wholly manufactured in Vietnam on production lines fulfilling GMP requirements as certified by drug authorities of Vietnam and are made of herbal materials announced by a drug authority of Vietnam to fulfill GACP requirements.
2. Category 2 consists of traditional medicinal materials in the form of glue, granule, powder, extract, essential oil, resin, gum or jelly which have been wholly manufactured in Vietnam on production lines fulfilling GMP requirements as certified by drug authorities of Vietnam.
3. Category 3 consists of traditional medicinal materials in the form of glue, granule, powder, extract, essential oil, resin, gum or jelly which fail to meet the criteria in Clause 1 and Clause 2 of this Article but have been granted certificate of marketing authorization or import license for sale in Vietnam.
Article 9. Contract packages of herbal materials
A contract package of herbal materials may contain one or several herbal materials (except semi-finished herbal materials in the form of glue, granule, powder, extract, essential oil, resin, gum or jelly). Each list of herbal materials must be sorted by category. Each herbal material in a category is a part of the contract package. A contract package of herbal materials is divided into 03 categories based on technical criteria as follows:
1. Category 1 consists of herbal materials announced by drug authorities of Vietnam to fulfill GACP requirements.
2. Category 2 consists of herbal materials which have been wholly undergone preliminary processing on production lines announced by a drug authority of Vietnam to fulfill GMP requirements for medicinal materials of herbal origin.
3. Category 3 consists of herbal materials which fail to meet the criteria specified in Clauses 1 and 2 of this Article.
Article 10. Contract packages of semi-finished herbal materials in the form of glue, granule, powder, extract, essential oil, resin, gum or jelly
A contract package of semi-finished herbal materials in the form of glue, granule, powder, extract, essential oil, resin, gum or jelly may contain one or several semi-finished herbal materials. Each list of semi-finished herbal materials must be sorted by category. Each semi-finished herbal material in a category is a part of the contract package. A contract package of semi-finished herbal materials in the form of glue, granule, powder, extract, essential oil, resin, gum or jelly is divided into 03 categories based on technical criteria as follows:
1. Category 1 consists of semi-finished herbal materials in the form of glue, granule, powder, extract, essential oil, resin, gum or jelly which have been wholly manufactured in Vietnam on production lines fulfilling GMP requirements for medicinal materials of herbal origin as certified by drug authorities of Vietnam and are made of herbal materials announced by a drug authority of Vietnam to fulfill GACP requirements.
2. Category 2 consists of semi-finished herbal materials in the form of glue, granule, powder, extract, essential oil, resin, gum or jelly which have been wholly manufactured in Vietnam on production lines fulfilling GMP requirements for medicinal materials of herbal origin as certified by drug authorities of Vietnam.
3. Category 3 consists of semi-finished herbal materials in the form of glue, granule, powder, extract, essential oil, resin, gum or jelly which fail to meet the criteria in Clause 1 and Clause 2 of this Article but have been granted certificate of marketing authorization or import license for sale in Vietnam.
Article 11. Provisions on bidding for drug categories
1. Principles for bidding for drug categories in a contract package:
a) Bidders shall be sorted according to technical criteria their drugs satisfy. If its drug satisfies technical criteria of more than one category, the bidder shall be sorted into one or some categories corresponding to the technical criteria its drug satisfies, provided the same bid price must be submitted for that drug in all categories participated by the bidder;
b) If a drug bid for is manufactured by several facilities, all of them have to satisfy the technical criteria of the category into which they are sorted.
2. Generic drug contract packages:
a) A bidder whose drug satisfies the criteria of category 1 shall be sorted into category 1, category 2 and category 5;
b) A bidder whose drug satisfies the criteria of category 2 shall be sorted into category 2 and category 5;
c) A bidder whose drug satisfies the criteria of category 3 shall be sorted into category 3 and category 5;
d) A bidder whose drug satisfies the criteria of category 4 shall be sorted into category 4 or category 5;
dd) A bidder whose drug satisfies the criteria of neither of category 1, category 2, category 3, and category 4 shall be sorted into category 5.
A bidder whose drug satisfies technical criteria of more than one category may be sorted into the categories as prescribed above.
E.g.: A bidder whose drug concurrently satisfies the criteria of category 3 and the criteria of category 4 shall be sorted into category 3, category 4 and category 5. A bidder whose drug concurrently satisfies the criteria of category 2 and the criteria of category 3 shall be sorted into category 2, category 3 and category 5.
3. Contract packages of herbal drugs, drugs containing drug substances combined with herbal materials, and traditional drugs:
a) A bidder whose drug satisfies the criteria of category 1 shall be sorted into category 1, category 2, category 3 and category 4;
b) A bidder whose drug satisfies the criteria of category 2 shall be sorted into category 2, category 3 and category 4;
c) A bidder whose drug satisfies the criteria of category 3 shall be sorted into category 3 and category 4;
d) A bidder whose drug satisfies the criteria of neither of category 1, category 2 and category 3 shall be sorted into category 4.
4. Contract packages of traditional medicinal materials:
a) A bidder whose traditional medicinal material satisfies the criteria of category 1 shall be sorted into category 1, category 2 and category 3;
b) A bidder whose traditional medicinal material satisfies the criteria of category 2 shall be sorted into category 2 and category 3;
c) A bidder whose traditional medicinal material satisfies the criteria of neither of category 1 and category 2 shall be sorted into category 3.
5. Contract packages of traditional medicinal materials in the form of glue, granule, powder, extract, essential oil, resin, gum or jelly:
a) A bidder whose traditional medicinal material satisfies the criteria of category 1 shall be sorted into category 1, category 2 and category 3;
b) A bidder whose traditional medicinal material satisfies the criteria of category 2 shall be sorted into category 2 and category 3;
c) A bidder whose traditional medicinal material satisfies the criteria of neither of category 1 and category 2 shall be sorted into category 3.
6. Contract packages of herbal materials:
a) A bidder whose herbal material satisfies the criteria of category 1 shall be sorted into category 1, category 2 and category 3;
b) A bidder whose herbal material satisfies the criteria of category 2 shall be sorted into category 2 and category 3;
c) A bidder whose herbal material satisfies the criteria of neither of category 1 and category 2 shall be sorted into category 3.
7. Contract packages of semi-finished herbal materials in the form of glue, granule, powder, extract, essential oil, resin, gum or jelly:
a) A bidder whose semi-finished herbal material satisfies the criteria of category 1 shall be sorted into category 1, category 2 and category 3;
b) A bidder whose semi-finished herbal material satisfies the criteria of category 2 shall be sorted into category 2 and category 3;
c) A bidder whose semi-finished herbal material satisfies the criteria of neither of category 1 and category 2 shall be sorted into category 3.
8. The inclusion of foreign drugs manufactured under a processing contract or technology transfer contract in Vietnam in the contract packages of generic drugs and original brand-name drugs shall be made as follows:
a) A foreign drug manufactured under a processing contract or technology transfer contract in Vietnam shall be sorted into the drug categories prescribed in Point b of this Clause when it satisfies all of the following criteria:
– The drug is, as certified by the Ministry of Health of Vietnam, included in the list of drugs manufactured under processing contracts (with transfer of manufacturing technology), or the list of drugs manufactured under technology transfer contracts, and has a certificate of marketing authorization issued or renewed as prescribed in clause 1 Article 9 of the Circular No. 12/2025/TT-BYT dated May 16, 2025 prescribing marketing authorization of drugs and medicinal materials (hereinafter referred to as “Circular No. 12/2025/TT-BYT”).
– The drug is not included in the list of drugs announced by the Ministry of Health of Vietnam as prescribed in clause 2 Article 56 of the Law on Bidding 2023 (unless the drug is wholly manufactured in Vietnam when it is granted certificate of marketing authorization in Vietnam);
b) Inclusion of foreign drugs which are manufactured under processing contracts or technology transfer contracts in Vietnam and satisfy the requirements set out in Point a of this Clause shall be made as follows:
– A drug that is manufactured under a technology transfer contract or processing contract may be included in contract packages of original brand-name drugs if it is included in the list of original brand-name drugs or reference biologicals announced by the Ministry of Health of Vietnam, and the drug for which manufacturing technology is transferred or which is ordered for processing is wholly manufactured in a SRA or EMA country. If a drug is included in the list of drugs procured through price negotiation announced by the Ministry of Health of Vietnam, it shall be procured through price negotiation;
– A drug shall be sorted into category 1, category 2, category 4 and category 5 if it meets all of the following criteria: The drug for which manufacturing technology is transferred or which is ordered for processing meets the requirements in point a clause 1 Article 4 of this Circular; the drug is manufactured in Vietnam under a technology transfer contract or processing contract on the production line fulfilling EU-GMP requirements or the production line fulfilling EU-GMP-equivalent requirements and certified by a drug authority of Vietnam to fulfill EU-GMP requirements or EU-GMP-equivalent requirements.
– A drug shall be sorted into category 2, category 4 and category 5 if it meets all of the following criteria: The drug for which manufacturing technology is transferred or which is ordered for processing meets the requirements in clause 2 Article 4 of this Circular; the drug is manufactured in Vietnam under a technology transfer contract or processing contract on the production line fulfilling EU-GMP requirements or the production line fulfilling EU-GMP-equivalent requirements and certified by a drug authority of Vietnam to have fulfilled EU-GMP requirements or EU-GMP-equivalent requirements.
– Other drugs shall be sorted in category 4 and category 5.
c) If foreign drugs manufactured under processing contracts or technology transfer contracts fail to satisfy the criteria in Point a of this Clause, they shall be included into contract packages according to Clause 1 and Clause 2 of this Article.
PROCEDURES FOR SELECTION OF DRUG SUPPLIERS
Article 12. Drug supplier selection plans
Contents of a drug supplier selection plan shall comply with provisions of Article 39 of the Law on Bidding. To be specific:
1. Name of the contract package:
The contract package shall be named according to the division of contract package and drug categories in conformity with the provisions of Articles 4 through 10 of this Circular. If a contract package is divided into smaller parts, each of them must have a suitable name. Mandatory information on the contract package included in the drug supplier selection plan:
a) Each part of a contract package of generic drugs shall contain: name of active ingredient (or name of ingredient, for vaccine); content or concentration; route of administration, dosage form; drug category; measuring unit; quantity; unit price and total value;
b) Each part of a contract package of original brand-name drugs shall contain: name of the drug and the phrase “hoặc tương đương” (“or equivalent”) as prescribed in point c clause 9 Article 26 of the Government’s Decree No. 214/2025/ND-CP dated August 04, 2025 elaborating and providing measures for implementation of the Law on Bidding regarding contractor selection (hereinafter referred to as “Decree No. 214/2025/ND-CP”); name of active ingredient (or name of ingredient, for vaccine); content or concentration; route of administration, dosage form; measuring unit; quantity; unit price and total value. If a single active ingredient has several names of the original brand-name drug or reference biological on the list of original brand-name drugs or reference biologicals announced by the Ministry of Health of Vietnam, all names shall be specified;
c) Each part of a contract package of herbal drugs, drugs containing drug substances combined with herbal materials, traditional drugs, semi-finished herbal materials, or traditional medicinal materials in the form of glue, granule, powder, extract, essential oil, resin, gum or jelly shall contain: name of the drug or semi-finished herbal material or traditional medicinal material in the form of glue, granule, powder, extract, essential oil, resin, gum or jelly; route of administration, dosage form; measuring unit; quantity; drug category; unit price. Names of herbal drugs, drugs containing drug substances combined with herbal materials, traditional drugs, semi-finished herbal materials, or traditional medicinal materials in the form of glue, granule, powder, extract, essential oil, resin, gum or jelly in the contract package shall be specified according to clause 3 of this Article;
d) Each part of a contract package of herbal materials or traditional medicinal materials shall contain: name of herbal material or traditional medicinal material; scientific name; quality specifications; parts used; raw form or processing method; category; measuring unit, quantity; unit price and total value.
If a public health facility provides any additional information on a contract package specified in this Clause, it shall assume responsibility to provide explanation about such additional information.
2. Information about the dosage form of a drug in a contract package of generic drugs, herbal drugs, drugs containing drug substances combined with herbal materials or traditional drugs in the drug supplier selection plan shall be provided in accordance with Appendix I enclosed herewith. The dosage forms (marked (*)) shall be specified separately in the drug supplier selection plan on the condition that:
a) It has the same dosage form as the original brand-name drug or reference biological which has the same active ingredient and route of administration or the drug which has the same active ingredient and route of administration and has been granted certificate of marketing authorization in a SRA or EMA country;
b) If a drug is not subject to the provisions of point a of this clause, the health facility shall clearly state the necessity and its demand for this dosage, and shall only use it in case another dosage form cannot be used or does not respond to treatment.
3. Names of herbal drugs, drugs containing drug substances combined with herbal materials, traditional drugs, semi-finished herbal materials, or traditional medicinal materials in the form of glue, granule, powder, extract, essential oil, resin, gum or jelly in the contract package shall be specified according to the following provisions:
a) Only ingredients of herbal drugs, drugs containing drug substances combined with herbal materials, traditional drugs, semi-finished herbal materials, or traditional medicinal materials in the form of glue, granule, powder, extract, essential oil, resin, gum or jelly are specified; their trade names shall not be specified;
b) For herbal drugs, drugs containing drug substances combined with herbal materials, traditional drugs, semi-finished herbal materials, or traditional medicinal materials in the form of glue, granule, powder, extract, essential oil, resin, gum or jelly that have the same ingredients or dosage form: only contents or concentrations of the ingredients are specified if the difference in contents or concentrations leads to the difference in dose and indications according to opinions given by the Council.
4. Price of the contract package:
a) The price of the contract package shall comply with the provisions of clause 1 Article 18 of the Decree No. 214/2025/ND-CP;
b) If a contract package is divided into smaller parts, the unit price and value of each part must be specified in accordance with clause 1 of this Article. The public health facility shall propose the unit price of the drug in the drug supplier selection plan, and assume responsibility for its proposal;
c) Grounds for determination of the price of the contract package shall comply with provisions of clause 2 Article 18 of the Decree No. 214/2025/ND-CP. Additionally, the public health facility may determine the price of the contract package on the basis of the successful bids of drugs, herbal materials or traditional medicinal materials in the same technical criteria category of public health facilities or through provincial centralized bidding sessions conducted within 12 months prior to the date of submission of the drug supplier selection plan for approval or through the national centralized bidding sessions or their effective negotiated prices under framework agreements published on the web portal of the Ministry of Health of Vietnam; or the website of the national centralized procurement unit; or obtained from the Vietnam National E-Procurement System (VNEPS) or other information;
d) The proposed price of items with the same active ingredient, concentration or content, route of administration and dosage form in the generic drug contract package must comply with the following rules:
– The proposed price of category 1 shall not be higher than that of the original brand-name drug or reference biological;
– The proposed price of category 2 or category 3 shall not be higher than that of the original brand-name drug or reference biological and that of category 1;
– The proposed price of category 4 shall not be higher than the proposed prices of the original brand-name drugs or reference biologicals, and drugs of category 1, drugs of category 2 manufactured in Vietnam, and drugs of category 3;
– The proposed price of category 5 shall not be higher than the proposed prices of the original brand-name drugs or reference biologicals, and drugs of category 1, category 2, category 3 and category 4.
5. Funding sources: Funding sources must be clearly specified as prescribed in clause 3 Article 39 of the Law on Bidding.
6. Drug supplier selection method and procedure:
a) Drug supplier selection methods: Based on the price and nature of each contract package, one of the following drug supplier selection methods will be adopted: competitive bidding, limited bidding, direct contracting, shopping method, direct procurement, online quotation and online procurement;
b) Drug supplier selection procedure: Comply with provisions of Articles 30, 31 of the Law on Bidding (as amended in point a clause 19 Article 1 of the Law No. 90/2025/QH15).
7. Drug supplier selection duration: Comply with provisions of clause 5 Article 39 of the Law on Bidding.
8. Type of contract: Comply with provisions of clause 6 Article 39 of the Law on Bidding.
9. Duration of the contract package: The duration for execution of the contract package shall be specified according to clause 7 Article 39 of the Law on Bidding but shall not exceed 36 months.
10. Additional purchase option (if any): Comply with provisions of clause 8 Article 39 of the Law on Bidding.
Article 13. Approval for drug supplier selection plan
1. Purchasers shall assume responsibility to consider giving approval for drug supplier selection plans in compliance with Articles 40 and 41 of the Law on Bidding (as amended in points a, b, c clause 22 and points a, b, c clause 23 Article 1 of the Law No. 90/2025/QH15).
2. In case of procurement prescribed in clause 3 Article 3 of this Circular, the head of the unit in charge of the procurement or the unit appointed to take charge of the procurement shall organize formulation and approval of the drug supplier selection plan.
Article 14. Preparing bidding documents and request for proposals (RFP)
1. The bidding documents or RFP shall be prepared according to the following provisions:
a) Bidding documents for contract packages of herbal materials and traditional medicinal materials applying the single-stage one-envelope procedure shall be prepared by Purchasers using the form in Appendix II enclosed herewith. In case of single-stage two-envelope procedure, Purchasers shall prepare bidding documents using the form of bidding documents in Appendix II enclosed herewith and the form of bidding documents for procurement of goods applying single-stage two-envelope procedure enclosed with the Circular No. 79/2025/TT-BTC dated August 04, 2025 of the Ministry of Finance of Vietnam;
b) Bidding documents for contract packages of original brand-name drugs; generic drugs; herbal drugs, drugs containing drug substances combined with herbal materials or traditional drugs; traditional medicinal materials in the form of glue, granule, powder, extract, essential oil, resin, gum or jelly; semi-finished herbal materials in the form of glue, granule, powder, extract, essential oil, resin, gum or jelly shall be prepared by Purchasers using the forms in Appendix III enclosed herewith. In case of single-stage two-envelope procedure, Purchasers shall prepare bidding documents using the form of bidding documents in Appendix II enclosed herewith and the form of bidding documents for procurement of goods applying single-stage two-envelope procedure enclosed with the Circular No. 79/2025/TT-BTC dated August 04, 2025 of the Ministry of Finance of Vietnam;
c) Regarding contract packages of drugs, herbal materials and traditional medicinal materials applying shopping method: Purchasers shall prepare appropriate bidding documents using the forms in Appendix II and Appendix III enclosed herewith and in conformity with provisions of point b clause 2 Article 81 of the Decree No. 214/2025/ND-CP.
d) RFPs for contract packages of drugs applying standard direct procurement or direct contracting procedure, and other documents shall be prepared by Purchasers with reference to contents and forms of RFPs and documents issued by the Ministry of Health of Vietnam or the Ministry of Finance of Vietnam.
2. Based on the approved drug supplier selection plan, the expert team shall prepare bidding documents or RFP and submit them to the Purchaser for appraisal (if any) and approval.
Article 15. Evaluation of bids/proposals, consideration for contract award and use of drugs
1. Bids/proposals shall be evaluated in accordance with regulations of law on bidding. During evaluation of the drug-related information, in addition to the documents provided by the bidder, the Purchaser may use the drug-related information (certificate of marketing authorization or import license), information on fulfillment of GMP requirements of the manufacturer and other information in official dispatches and/or decisions giving approval of the Drug Administration of Vietnam, or Traditional Medicine Administration of Vietnam, or published on the websites of these authorities.
2. Depending on the nature of the contract package, drug supplier selection method and procedure, the Purchaser shall adopt appropriate method for evaluating bids or proposals according to Article 58 of the Law on Bidding (as amended in clause 33 Article 1 of the Law No. 90/2025/QH15). The method for evaluating bids or proposals must be specified in the bidding documents or RFP.
3. Evaluation of bids or proposals for each part of the contract package which is divided into smaller parts shall comply with provisions of the Law on Bidding, except the cases prescribed in point b clause 3 of this Article. To be specific:
a) The drug-related information shall be evaluated on the basis of the certificate of marketing authorization or import license, information on fulfillment of GMP requirements of the manufacturer and other information in official dispatches and/or decisions giving approval of the Drug Administration of Vietnam, or Traditional Medicine Administration of Vietnam, or published on the websites of the Drug Administration of Vietnam, the Traditional Medicine Administration of Vietnam, the national centralized procurement unit (if any) and provincial centralized procurement units (if any);
b) The evaluation of capacity and experience of a bidder shall be based on each part of the contract package in which it participates.
4. Consideration for award of contract shall be subject to a bidder’s satisfaction of the prerequisites set out in Article 61 of the Law on Bidding (as amended in clause 34 Article 1 of the Law No. 90/2025/QH15), and the issued bidding documents or RFP, and the following provisions:
a) The Purchaser shall propose the successful bidder for each part specified in the approved drug supplier selection plan (except the contract package specified in point b clause 2 of this Article).
Only a drug, herbal material or traditional medicinal material in a category (which is a part of the contract package) shall be proposed if it satisfies technical and quality requirements set out in the bidding documents or RFP, has a proposed price not exceeding its corresponding price constituting the approved price of the contract package, and meets one of the following requirements:
– If the least-cost method is applied, its proposed bid price after error correction and deviation adjustment minus (-) discounts (if any) is the lowest bid.
– If the evaluated-price method is applied, its evaluated price is the lowest bid.
b) Regarding a contract package of various drugs procured and packaged according to the requested quantity to serve disaster preparedness and control, search and rescue, epidemic prevention and control, special tasks of the armed forces, or national defense and security tasks:
The Purchaser shall consider awarding the contract according to the requested quantity (comprising multiple parts) to the bidder that meets technical and quality requirements for set out in the bidding documents or RFP, has a proposed bid price not exceeding total value of such parts constituting the approved price of the contract package, including costs of packaging for the requested quality of drugs, and meets one of the following requirements:
– If the least-cost method is applied, its proposed bid price after error correction and deviation adjustment minus (-) discounts (if any) is the lowest bid.
– If the evaluated-price method is applied, its evaluated price is the lowest bid.
5. If there are changes in a drug bid for during the drug supplier selection or the drug supply but the substitute drug is not offered in the bid or proposal, the Purchaser may consider allowing the drug supplier to supply the substitute drug to meet its medical examination and treatment requirements in the following cases:
a) Regarding an original brand-name drug contract package:
– If the changes do not involve any contents of the decision to announce the list of original brand-name drugs or reference biologicals, a drug authority’s approval for such changes is required or such changes must be disclosed following procedures for registration of changes in marketing authorization;
– If there are changes in the contents of the decision to announce the list of original brand-name drugs or reference biologicals, such changes must be updated and included in the list of original brand-name drugs or reference biologicals;
b) Regarding generic drug contract packages and contract packages of herbal drugs, drugs containing drug substances combined with herbal materials, and traditional drugs:
– There are any of the following changes in information on a drug but its marketing authorization number remains unchanged: change in name of the drug; change in name of the applicant for marketing authorization; change in name of the manufacturer or the method for specifying address of the manufacturer (but the manufacturing factory is unchanged); changes in the manufacturing factory which do not influence the manufacturer’s fulfillment of GMP requirements; increase in expiry date (shelf life) of the drug; changes in packaging specifications but the content, concentration or volume of the drug specified in the bidding documents or RFP remains unchanged; changes in quality specifications of the drug as a result of application of new version of Pharmacopoeia as prescribed; changes in quality specifications but new quality specifications shall not be lower than those of the selected drug or offered in the bid or proposal;
– There are changes in the marketing authorization number or a new import license is issued but other information remains unchanged;
– There are changes in the marketing authorization number or a new import license is issued and there is one or some of the following changes: change in name of the drug; change in name of the manufacturer or the method for specifying address of the manufacturer (but the manufacturing factory is unchanged); changes in the manufacturing factory which do not influence the manufacturer’s fulfillment of GMP requirements; increase in expiry date (shelf life) of the drug; changes in packaging specifications but the content, concentration or volume of the drug specified in the bidding documents or RFP remains unchanged; changes in quality specifications of the drug as a result of application of new version of Pharmacopoeia as prescribed; changes in quality specifications but new quality specifications shall not be lower than those of the selected drug or offered in the bid or proposal.
– There are changes in method for naming of herbal materials which do not influence their formula and are permitted by a competent authority;
c) Regarding contract packages of herbal materials and traditional medicinal materials:
– There are changes in the marketing authorization number or number of declaration of quality specifications or import license and there is one or some of the following changes in information on the herbal material or traditional medicinal material: name; name of the applicant or name of the manufacturer/name of the declarant or method for specifying address of the manufacturer/declarant (but the manufacturing factory is unchanged); change in the manufacturing factory which do not influence the manufacturer’s fulfillment of GMP requirements; increase in shelf life; changes in packaging specifications and quality specifications but new quality specifications shall not be lower than those of the selected herbal material or traditional medicinal material or offered in the bid or proposal;
– There are changes in the marketing authorization number or number of declaration of quality specifications or a new import license is issued but other information remains unchanged;
– There are changes in the marketing authorization number or number of declaration of quality specifications or a new import license is issued and there is one or some of the following changes in information on the herbal material or traditional medicinal material: name; name of the applicant or name of the manufacturer/name of the declarant or method for specifying address of the manufacturer/declarant (but the manufacturing factory is unchanged); changes in the manufacturing factory which do not influence the manufacturer’s fulfillment of GMP requirements; increase in shelf life; changes in packaging specifications and quality specifications but new quality specifications shall not be lower than those of the selected herbal material or traditional medicinal material or offered in the bid or proposal;
– There are changes in method for naming of herbal material or traditional medicinal material which are permitted by a competent authority but quality specifications remain unchanged or there are changes in quality specifications but new quality specifications shall not be lower than those of the selected herbal material or traditional medicinal material or offered in the bid or proposal;
– There are changes in the supplier of herbal material or traditional medicinal material but quality specifications remain unchanged or there are changes in quality specifications but new quality specifications shall not be lower than those of the selected herbal material or traditional medicinal material or offered in the bid or proposal.
6. When supplying a substitute drug in the cases prescribed in clause 5 of this Article, the supplier shall provide all necessary information for the Purchaser for its evaluation of the substitute drug, including: decisions and official dispatches on approval of the changes or declared information issued by competent authorities, and explanations and/or commitments on unchanged quality specifications of the substitute drug; legal documents of the supplier of substitute herbal materials or traditional medicinal materials.
7. The head of the health facility and the selected supplier shall execute the drug supply contract in accordance with relevant laws on business contracts, and ensure that at least 80% of the value of each part in the signed contract shall be executed. For specially controlled drugs, intravenous fluids and other cases, after reporting to a competent authority, the health facility ensures that at least 50% of the value of each part in the signed contract shall be executed. For emergency treatment drugs, antidotes and rare drugs, public health facilities shall take actions appropriate for its actual conditions.
If a health facility fails to complete at least 80% or 50%, for specially controlled drugs and intravenous fluids, of the value of each part in the signed contract, its head shall be required to provide explanations to a competent person.
CENTRALIZED PROCUREMENT OF DRUGS
Article 16. Notification of centralized procurement roadmap/schedule
1. In order to facilitate public health facilities’ organization of drug supplier selection to ensure adequate drugs to serve their medical examination and treatment, centralized procurement units shall promptly notify such public health facilities of the drug supplier selection in the following cases:
a) The drug supplier selection has been carried out according to the approved drug supplier selection plan but, at least 03 months before the expiration of the signed framework agreement, the drug supplier selection result is not available;
b) The drug supplier selection has been carried out but no bids are received or none of the bidders meets relevant technical requirements or all bids after error correction and deviation adjustment minus (-) discount (if any) of the technically-responsive bidders included in list of bidders to be ranked exceed the price of the contract package, and the situation cannot be handled according to clause 8 Article 140 of the Decree No. 214/2025/ND-CP.
Within 10 days after the event in this point is certified, centralized procurement units shall give notification thereof to health facilities under their management and relevant units.
c) If a drug is removed from the list of drugs procured through centralized bidding after demands for that drug have been consolidated and a drug supplier selection plan has been developed, the relevant centralized procurement unit shall take the following actions:
– If the bidding documents or RFP has been issued, the centralized procurement unit shall continue conducting the drug supplier selection according to the approved drug supplier selection plan;
– If the bidding documents or RFP is not yet issued, the centralized procurement unit shall notify such change to public health facilities whose demands have been consolidated and relevant units within 05 working days after it receives information on such change.
2. When it is unable to carry out the regulation as prescribed in Article 31 of this Circular, the national centralized procurement unit shall give written notification to health facilities and Departments of Health of provinces or central-affiliated cities (hereinafter referred to as “provincial Departments of Health”) so that they can proactively determine their demands and organize the drug supplier selection in the following cases:
– Public health facilities have used up the quantity of drugs specified in the framework agreement or have unexpected demands for drugs which are beyond the regulating capacity of the national centralized procurement unit;
– Public health facilities are established after demands for drugs have been determined and the increased demands exceed the regulating capacity of the national centralized procurement unit;
For antiretroviral drugs, tuberculosis treatment drugs and vaccines: the national centralized procurement unit shall cooperate with the units in charge of consolidating demands prescribed in points a, b and c clause 1 Article 22 of this Circular (hereinafter referred to as “units in charge of consolidating demands”) in giving notification so that public health facilities can proactively organize the drug supplier selection to ensure adequate drugs to serve their medical examination and treatment.
3. When it is unable to carry out the regulation as prescribed in Article 32 of this Circular, provincial centralized procurement units shall give written notification of their provincial centralized procurement status to health facilities under management of provincial government and those under management of relevant Ministries or central-government authorities so that they can proactively determine their demands and organize the drug supplier selection in the following cases:
a) Public health facilities have used up the quantity of drugs specified in the framework agreement or have unexpected demands for drugs which are beyond the regulating capacity of the relevant provincial centralized procurement unit;
b) Public health facilities are established after demands for drugs have been determined and the increased demands exceed the regulating capacity of the relevant provincial centralized procurement unit.
4. Public health facilities may purchase drugs in the list of drugs procured through centralized procurement as notified by centralized procurement units to meet their demands as prescribed in clause 1 Article 95 of the Decree No. 214/2025/ND-CP.
Article 17. Implementation methods
The centralized procurement of drugs shall be carried out by signing a framework agreement, except for the following cases where a contract may be signed directly:
1. Procurement of drugs and vaccines serving the implementation of expanded immunization programs and/or projects funded by state budget under decisions of the Minister of Health of Vietnam or Chairpersons of Provincial People’s Committees.
2. Procurement of drugs under programs and/or projects funded by ODA, aid, sponsorship from domestic and overseas sponsors who require direct contract conclusion.
Article 18. Responsibilities of relevant parties and effect of framework agreement, contract execution
1. A health facility that wishes to purchase drugs on the list of drugs procured through centralized bidding shall, based on the drug supplier selection result and the signed framework agreement, prepare and sign a contract with the drug supplier selected through centralized procurement, provided the contractual unit price does not exceed that specified in the published framework agreement. The selected supplier shall be required to furnish the performance security as prescribed in Article 68 of the Law on Bidding (as amended in clause 36 Article 1 of the Law No. 90/2025/QH15).
2. The drug supplier selected through centralized procurement shall supply drugs with the agreed quantity and schedule specified in the contract signed with each health facility.
Centralized drug procurement units shall cooperate with units in charge of consolidating demands and selected drug suppliers in regulating the contract execution in a manner that ensures sufficient supply of drugs for health facilities.
3. Duration of a national or provincial centralized procurement package shall be specified in the drug supplier selection plan approved by a competent authority but shall not exceed 36 months from the effective date of the signed contract until the day on which contractual works are accepted and all contractual obligations are fulfilled.
4. Provincial Departments of Health, health facilities, units in charge of consolidating demands and provincial centralized procurement units shall review and consolidate demands in terms of list of drugs and quantities of each of health facilities under their management, and regulate the execution of contracts in a manner ensuring that at least 80% of the quantity of each part in the signed framework agreement or contract shall be supplied. For specially controlled drugs, intravenous fluids and other cases, after reporting to a competent authority, the health facility ensures that at least 50% of the quantity of each part in the signed framework agreement or contract shall be supplied. For emergency treatment drugs, antidotes and rare drugs, public health facilities shall take actions appropriate for its actual conditions.
Article 19. Changes in information and substitution of drugs during drug supplier selection or contract execution
If there are changes in a drug bid for during the drug supplier selection or the drug supply but the substitute drug is not offered in the bid or proposal, the centralized procurement unit shall consider allowing the substitution of drug according to clauses 5 and 6 Article 15 of this Circular in order to ensure the supply of adequate drugs to serve medical examination and treatment.
Section 2. PREPARATION, APPRAISAL AND APPROVAL OF DRUG SUPPLIER SELECTION PLANS, BIDDING DOCUMENTS OR REQUEST FOR PROPOSALS
Article 20. Determination of demands for national centralized procurement
1. Units in charge of consolidating demands:
a) For antiretroviral drugs:
Vietnam Administration of Disease Prevention (VADP) plays the leading role and cooperates with the national centralized procurement unit in determining and consolidating demands according to the following provisions:
– Public health facilities under management of the Ministry of Health of Vietnam, public health facilities under management of Ministries or central-government authorities located in provinces or central-affiliated cities, and public health facilities under management of provincial governments shall determine their demands for antiretroviral drugs in terms of list of antiretroviral drugs, detailed quantities, categories, additional purchase option (if any) and supply schedules, and submit reports on their demands to HIV/AIDS Control Agencies of province where the public health facility is headquartered;
– Provincial HIV/AIDS Control Agencies shall review, consolidate and assume responsibility for demands for antiretroviral drugs of public health facilities in their provinces or cities, and send consolidated reports on such demands to provincial Departments of Health for consideration and decision;
– Provincial Departments of Health shall send their written proposals indicating demands for antiretroviral drugs, which are accompanied with the documents in Article 22 of this Circular, to VADP;
– VADP shall consolidate and assume responsibility for consolidated demands, and send its proposal for procurement of antiretroviral drugs to the national centralized procurement unit.
b) For tuberculosis treatment drugs:
The National Lung Hospital plays the leading role and cooperates with the national centralized procurement unit in giving instructions for determining and consolidating demands for tuberculosis treatment drugs, or, based on the quantity of tuberculosis treatment drugs actually used by health facilities and suppliers’ capacity in the previous period, the estimated number of patients, determine and assume responsibility for determined demands for tuberculosis treatment drugs and additional purchase option (if any), and sending a written proposal for procurement of tuberculosis treatment drugs to the national centralized procurement unit;
c) For vaccines:
VADP plays the leading role and cooperates with the National Institute of Hygiene and Epidemiology and the national centralized procurement unit in giving instructions for determining and consolidating demands for vaccines, or, based on the quantity of vaccines actually used by health facilities and suppliers’ capacity in the previous period, and the estimated number of vaccinees, determine demands for vaccines, and additional purchase option (if any). General Department of Preventive Medicine shall assume responsibility for determined demands and send a written proposal for procurement of vaccines to the national centralized procurement unit;
d) For drugs which are included in the list of drugs procured through centralized procurement but are not included in the cases specified in points a, b and c of this Clause:
The national centralized procurement unit shall give instructions for determining and consolidating demands as follows:
– Public health facilities under management of the Ministry of Health of Vietnam shall determine their demands in terms of list of drugs, detailed quantities, including additional purchase option (if any), assume responsibility for their determined demands, and submit reports on their demands to the national centralized procurement unit;
– Public health facilities under management of Ministries or central-government authorities, infirmaries of regulatory authorities, and private health facilities shall determine their demands in terms of list of drugs, detailed quantities, and additional quantities (if any), and submit reports on their demands to Departments of Health of provinces or cities where the health facility is headquartered; provincial Departments of Health shall consolidate demands and send reports to the national centralized procurement unit. Health facilities assume responsibility for determined demands submitted to the national centralized procurement unit;
– Public health facilities under management of provincial Departments of Health shall determine their demands in terms of list of drugs, detailed quantities, and additional quantities (if any), and submit reports on their demands to provincial centralized procurement units. Provincial centralized procurement units shall consolidate demands and submit consolidated reports to provincial Departments of Health. Provincial Departments of Health shall consider and decide demands, and assume responsibility for their decision, and then send written proposals for procurement of drugs to the national centralized procurement unit.
2. Consolidation of demands:
a) Provincial Departments of Health, health facilities, and units in charge of consolidating demands shall consolidate and send consolidated demands within a time limit which is prescribed by the national centralized procurement unit but does not exceed 45 days;
b) If Provincial Departments of Health, health facilities, or units in charge of consolidating demands do not send their consolidated demands within 45 days from the day on which the national centralized procurement unit makes initial request for consolidation of demands, they shall be considered to have no demands for drugs;
c) If a Provincial Department of Health, health facility, or unit in charge of consolidating demands fails to send adequate documents as prescribed in Article 22 of this Circular, the national centralized procurement unit shall send a written request for submission of additional documents. Within 05 working days from the date of the request sent by the national centralized procurement unit, if the Provincial Department of Health, health facility, or unit in charge of consolidating demands still fails to submit the requested documents or submits inadequate documents, the national centralized procurement unit shall, based on the quantity of the drug used and proposals of Provincial Departments of Health, health facilities, and units in charge of consolidating demands, determine and consolidate demands of health facilities, provided that the increased quantity does not exceed 30% of the quantity of that drug used in the previous period or in 12 months prior to the date of the request for consolidation of demands;
d) Where necessary, in order to ensure the supply of adequate drugs to serve medical examination and treatment of public health facilities, the national centralized procurement unit may determine demands, including additional quantities (if any), based on the quantity of the drug actually used in the previous period or in 12 months prior to the date of determination of demands, provided that the increased quantity shall not exceed 30% of the quantity of that drug actually used in the previous period or in 12 months prior to the date of determination of demands. Then, the national centralized procurement unit shall send written request to public health facilities under management of the Ministry of Health of Vietnam, public health facilities under management of Ministries or central-government authorities and provincial centralized procurement units for review of the determined demands. If any requested unit fails to give its response within 30 days from the date of the written request for review of demands sent by the national centralized procurement unit, it shall be considered to have no demand;
dd) After consolidating demands submitted by Provincial Departments of Health, health facilities, and units in charge of consolidating demands, the national centralized procurement unit shall send a written request to Vietnam Social Security for its opinions on the consolidated demand.
Within 10 days from the date of the written request for opinions sent by the national centralized procurement unit, Vietnam Social Security shall give its written response. If Vietnam Social Security fails to give its response by the abovementioned deadline or gives its response after the abovementioned deadline, Vietnam Social Security shall be considered to have agreed with the consolidated demand presented by the national centralized procurement unit.
Where Vietnam Social Security disagrees with the consolidated demand presented by the national centralized procurement unit, the national centralized procurement unit shall receive and clarify opinions given by Vietnam Social Security. If the national centralized procurement unit disagrees with any opinion given by Vietnam Social Security, within 05 working days from the date of receipt of opinions given by Vietnam Social Security, it shall organize a meeting with Vietnam Social Security to reach an agreement. Opinions given by the person who attends the meeting as assigned by Vietnam Social Security shall be considered the official opinions given by Vietnam Social Security. Any discrepancies which cannot be resolved at the meeting shall be submitted to the Ministry of Health of Vietnam for consideration and decision.
Where Vietnam Social Security does not assign its representative to attend the meeting, it shall be considered to have agreed with the consolidated demand presented by the national centralized procurement unit after this unit has received and clarified opinions of Vietnam Social Security.
Article 21. Determination of demands for provincial centralized procurement
1. Determination of demands for provincial centralized procurement:
a) Health facilities under management of provincial governments shall determine their demands in terms of list of drugs, detailed quantities, including additional quantities (if any), and submit reports on their demands to provincial centralized procurement units;
b) Private health facilities and health facilities under management of Ministries or central-government authorities located in provinces that wish to engage in provincial centralized procurement shall determine their demands in terms of list of drugs, detailed quantities, including additional quantities (if any), submit reports on their demands to provincial centralized procurement units, and assume responsibility for their submitted demands.
2. Consolidation of demands for provincial centralized procurement:
a) The time limit for submission of demands shall be decided by provincial centralized procurement units but shall not exceed 30 days. If a health facility does not submit their demands within 30 days from the day on which the provincial centralized procurement unit makes initial request for consolidation of demands, it shall be considered to have no demands;
b) If a health facility fails to submit adequate documents as prescribed in Article 22 of this Circular, the provincial centralized procurement unit shall, based on the health facility’s proposal, determine and consolidate demands of that health facility, provided that the increased quantity shall not exceed 30% of the quantity of drug actually used in the previous period or in 12 months prior to the date of determination of demands;
c) After consolidating demands, the provincial centralized procurement unit shall send a written request to the Social Security Office of province or city (hereinafter referred to as “provincial Social Security Office”) for its opinions on demands of public health facilities under its management. To be specific:
– Within 10 days from the date of the written request for opinions sent by the provincial centralized procurement unit, the provincial Social Security Office shall give its response to the provincial centralized procurement unit. If the provincial Social Security Office fails to give its response by the abovementioned deadline or gives its response after the abovementioned deadline, the provincial Social Security Office shall be considered to have agreed with the consolidated demand presented by the provincial centralized procurement unit.
– Where the provincial Social Security Office disagrees with the consolidated demand presented by the provincial centralized procurement unit, the provincial centralized procurement unit shall receive and clarify opinions given by the provincial Social Security Office. If the provincial centralized procurement unit disagrees with any opinion given by the provincial Social Security Office, within 05 working days from the date of receipt of opinions given by the provincial Social Security Office, it shall organize a meeting with the provincial Social Security Office to reach an agreement. Opinions given by the person who attends the meeting as assigned by the provincial Social Security Office shall be considered the official opinions given by the provincial Social Security Office. Any discrepancies which cannot be resolved at the meeting shall be submitted to provincial competent authorities for consideration and decision.
Where the provincial Social Security Office does not assign its representative to attend the meeting, it shall be considered to have agreed with the consolidated demand completed by the provincial centralized procurement unit after receiving and clarifying opinions given by the provincial Social Security Office.
Article 22. Required documents for registration of centralized procurement demands
When submitting its demand for centralized procurement, a health facility shall be required to submit the following documents:
1. Summary report on implementation of the drug supplier selection result and drug use in the previous 12 months and in the previous period prior to the date of notification of the consolidation of demands, the drug inventory and the planned quantity of drug of the previous period that has not been used at the date of determination of the health facility’s demand.
2. A brief explanation for the demand for the proposed drug. In case there is an increase in the quantity by more than 30% of the quantity of the drug used in the previous period or in 12 months prior to the date of determination of demands, detailed explanations must be provided.
3. Documents used as the basis for the drug supplier selection plan as prescribed.
4. The minutes of the meeting on review of the list of drugs to be procured, and quantities thereof of:
– The Drug and Treatment Council in respect of the list of drugs, quantities thereof and demands of health facilities.
– Provincial Department of Health in respect of drugs included in the list of drugs procured through centralized procurement of health facilities under management of the Provincial Department of Health, including private health facilities and health facilities under management of Ministries or central-government authorities located in the province (except health facilities affiliated to the Ministry of Health of Vietnam).
When submitting consolidated reports on demands of a new health facility or a health facility that first has demands for the drug, the documents in clause 1 of this Article are not required.
Article 23. Formulation and approval for drug supplier selection plan
1. Formulation of drug supplier selection plan:
A drug supplier selection plan shall be prepared according to the following provisions:
a) If the demand for a drug is high and a single supplier is unable to supply total quantity for that drug, it may be divided into smaller contract packages by regions or socio-economic areas to ensure the competitiveness in bidding. The selection of more than one supplier to execute a part of the contract package, where necessary, must be clearly stated in the drug supplier selection plan;
b) Division of a contract package and contents of a drug supplier selection plan shall comply with Articles 4 through 12 of this Circular.
2. Centralized procurement units shall assume responsibility to consider giving approval for drug supplier selection plans in compliance with Articles 40 and 41 of the Law on Bidding (as amended in points a, b, c clause 22 and points a, b, c clause 23 Article 1 of the Law No. 90/2025/QH15).
Article 24. Preparation, appraisal and approval of bidding documents or request for proposals (RFP)
1. Based on the approved drug supplier selection plan, the centralized procurement unit shall organize the preparation, appraisal (if any) and approval of the bidding documents or RFP according to Article 14 of this Circular.
2. Where more than one supplier will be selected to execute a part of the contract package or an undivided contract package, the bidding documents or RFP must impose requirements for bid submission, and methods for evaluation and ranking of bidders, including provisions allowing bidders to submit bids according to their supply capacity so that bidders can develop measures for submitting bids according to their supply capacity.
Section 3. ORGANIZATION OF DRUG SUPPLIER SELECTION
Article 25. Evaluation of bids or proposals
1. Depending on the nature of the contract package, drug supplier selection method and procedure, the Purchaser shall adopt appropriate method for evaluating bids or proposals according to Article 58 of the Law on Bidding (as amended in clause 33 Article 1 of the Law No. 90/2025/QH15). The method for evaluating bids or proposals must be specified in the bidding documents or RFP.
2. Evaluation of bids or proposals for each part of the contract package which is divided into smaller parts shall comply with provisions of the Law on Bidding, except the cases prescribed in point b clause 3 Article 15 of this Circular. To be specific:
a) The drug-related information shall be evaluated on the basis of the certificate of marketing authorization or import license, information on fulfillment of GMP requirements of the manufacturer and other information in official dispatches and/or decisions giving approval of the Drug Administration of Vietnam, or Traditional Medicine Administration of Vietnam, or published on the websites of the Drug Administration of Vietnam, the Traditional Medicine Administration of Vietnam, the national centralized procurement unit (if any) and provincial centralized procurement units (if any);
b) The evaluation of capacity and experience of a bidder shall be based on each part of the contract package in which it participates.
Article 26. Ranking of bidders and award of contract
1. Ranking of bidders:
The expert team shall prepare and send a report on evaluation of bids or proposals to the centralized procurement unit for consideration and ranking of bidders.
2. Award of contract:
Consideration for award of contract shall be subject to a bidder’s satisfaction of the prerequisites set out in Article 61 of the Law on Bidding (as amended in clause 34 Article 1 of the Law No. 90/2025/QH15), and the issued bidding documents or RFP.
Section 4. APPRAISAL, APPROVAL, DISCLOSURE AND IMPLEMENTATION OF DRUG SUPPLIER SELECTION RESULT
Article 27. Submission of drug supplier selection result for appraisal and approval
Based on the report on evaluation of bids or proposals, the centralized procurement unit shall organize appraisal (if any) and approval of the drug supplier selection result according to provisions of Article 15 of this Circular.
Article 28. Finalization, signing and disclosure of framework agreement
1. The centralized procurement unit and the selected supplier shall finalize contents of the framework agreement according to Article 92 of the Decree No. 214/2025/ND-CP as the basis for signing of the framework agreement.
2. If a supplier wins bids for the same product in different contract packages, the supplier shall be required to submit a statement that they have adequate experience and capacity to supply drugs according to the specified quality and supply schedule; this statement shall be considered an integral part of the framework agreement.
3. The national centralized procurement unit shall:
a) publish the framework agreement on the web portal of the Ministry of Health of Vietnam, and on its website, and publish information on the drug supplier selection result according to provisions of the Law on Bidding;
b) send written notification of the drug supplier selection result to bidders within 05 working days from the day on which the drug supplier selection result is approved;
c) send written notification to public health facilities under management of the Ministry of Health of Vietnam; public health facilities under management Ministries or central-government authorities; provincial Departments of Health and units in charge of consolidating demands.
4. Provincial Departments of Health, health authorities of Ministries or central-government authorities, and units in charge of consolidating demands shall notify the drug supplier selection result and the framework agreement to health facilities within the scope of the framework agreement.
5. Each provincial centralized procurement unit shall:
a) publish the framework agreement on the web portal of the provincial People’s Committee, the website of the provincial Department of Health, and on its website (if any), and publish information on the drug supplier selection result according to provisions of the Law on Bidding;
b) send written notification of the drug supplier selection result to bidders within 05 working days from the day on which the drug supplier selection result is approved;
c) send written notification to health facilities under management of the provincial government.
Article 29. Finalization and signing of drug supply contract
Based on the drug supplier selection result, the signed framework agreement, demands for drugs and drug use plans of health facilities registered with provincial Departments of Health or units in charge of consolidating demands (in case of national centralized procurement) or provincial centralized procurement units, centralized procurement units (in case of direct conclusion of contract) or health facilities (in case of conclusion of the framework agreement) shall finalize and sign contracts with the selected supplier according to the following principles:
1. The compliance with supply conditions set out in the framework agreement must be ensured.
2. The price of each drug in the contract does not exceed the successful bid announced by the relevant centralized procurement unit.
3. Duration of the contract package is specified in the drug supplier selection plan approved by a competent authority but shall not exceed 36 months from the effective date of the signed contract until the day on which all contractual obligations are fulfilled.
4. Health facilities shall promptly inform the relevant centralized procurement unit of the event that the selected supplier refuses to enter into a contract.
Article 30. Payment for and final settlement of drug supply contracts
1. Centralized procurement units (in case of direct conclusion of contract) or health facilities (in case of conclusion of the framework agreement) shall make payments and carry out final settlement of contracts with drug suppliers in accordance with regulations of law and under terms and conditions of the signed contracts.
2. The written approval for transfer of drugs between health facilities given by a centralized procurement unit shall be considered a part of the drug supply contract, and the basis for the health facility and the drug supplier to sign an appendix to the contract (if the quantity of drug to be transferred is included in the framework agreement) or sign a new contract (if the quantity of drug to be transferred is not included in the framework agreement).
Article 31. Regulating implementation of framework agreement for national centralized procurement
1. The units in charge of consolidating demands prescribed in clause 1 Article 18 of this Circular assume responsibility to regulate the use of drugs supplied by the supplier that is selected through the national centralized bidding under the signed framework agreement or contract.
2. A selected drug may be regulated by executing the additional purchase option and making the drug transfer between health facilities. Such regulation shall be made following the procedures for regulating drugs procured through national centralized procurement announced by the national centralized procurement unit. A health facility is only eligible for replenishment of a drug procured through national centralized procurement on the condition that:
a) It has fully received the quantities of all selected generic drugs of the same active ingredient, concentration or content;
b) Drugs of other categories of the same active ingredient, concentration or content have to be suspended from supply or marketing or removed from the list of drugs of evidenced bioequivalence after they are selected;
c) The selected supplier is unable to fully supply the quantity of drugs of a category as specified in the signed contract due to force majeure events. In this case, the supplier’s written notification enclosed with relevant supporting documents must be provided; or
d) A drug is necessary to meet treatment demands. In this case, the health facility is required to provide convincing explanation.
3. If the demand for a drug of a health facility under management of a Ministry or central-government authority or provincial government exceeds the quantity of that drug supplied under the framework agreement, the provincial centralized procurement unit or the provincial unit in charge of consolidating demands (for antiretroviral drugs, tuberculosis treatment drugs, or vaccines) shall be notified to consolidate and regulate the transfer of drug quantities between provincial health facilities, provided that total quantity of drug to be supplied to all health facilities in that province or city under the framework agreement must not be exceeded. Within 10 days from the receipt of a written request for replenishment of drugs from a health facility, the provincial centralized procurement unit or the provincial unit in charge of consolidating demands shall give its written response or make regulation.
If demands for drugs of health facilities under management of Ministries, central-government authorities or provincial governments exceed the regulating capacity of provincial centralized procurement units or provincial units in charge of consolidating demands (for antiretroviral drugs, tuberculosis treatment drugs, or vaccines), or demands for drugs of health facilities under management of the Ministry of Health of Vietnam exceed the drug quantities distributed under the framework agreement, or health facilities’ unexpected demands for drugs have not been included in the drug supplier selection plan, provincial centralized procurement units or provincial units in charge of consolidating demands (for antiretroviral drugs, tuberculosis treatment drugs, or vaccines) or health facilities under management of the Ministry of Health of Vietnam shall inform such demands to units in charge of consolidating demands to regulate the transfer of drug quantities between health facilities.
Within 05 working days from the receipt of the written request for replenishment of drugs from provincial health facilities, provincial centralized procurement units or provincial units in charge of consolidating demands (for antiretroviral drugs, tuberculosis treatment drugs, or vaccines) shall send reports on such request to units in charge of consolidating demands.
Within 15 days from the receipt of the written request from the provincial centralized procurement unit or the provincial unit in charge of consolidating demands (for antiretroviral drugs, tuberculosis treatment drugs, or vaccines) or a health facility under management of the Ministry of Health of Vietnam, units in charge of consolidating demands shall give their written responses or make regulation. If a request is refused, reasons for such refusal must be indicated in the written response.
4. After the quantity of drugs procured under the framework agreement has been fully transferred between health facilities to meet their demands, the national centralized procurement unit or unit in charge of consolidating demands shall make regulation by executing the additional purchase option. The quantity of drugs replenished to health facilities shall not exceed the quantity specified in the approved drug supplier selection plan, including additional quantity received by executing the additional purchase option.
5. Drugs are regulated to meet demands of health facilities and ensure the execution of signed contracts as prescribed in clause 4 Article 18 of this Circular.
6. A written request for replenishment of a drug shall be made using the form in Appendix IV enclosed herewith.
Article 32. Regulating implementation of framework agreement for provincial centralized procurement
1. Provincial centralized procurement units assume responsibility to regulate the use of drugs supplied by the supplier that is selected through the provincial centralized bidding under the signed framework agreement or contract.
2. A selected drug may be regulated by executing the additional purchase option and making the drug transfer between health facilities. Such regulation shall be made following the procedures for regulating drugs procured through provincial centralized procurement announced by the centralized procurement unit (if any).
3. If the demand for a drug of health facilities exceeds the quantity of that drug supplied under the framework agreement or a health facility’s unexpected demand for a drug has not been included in the drug supplier selection plan, the provincial centralized procurement unit shall be notified to consolidate and regulate the transfer of drug quantities between provincial health facilities, provided that total quantity of drug to be supplied to all health facilities in that province or city under the framework agreement must not be exceeded.
Within 10 days from the receipt of a written request for replenishment of drugs from a health facility, the provincial centralized procurement unit shall give its written response or make regulation. If a request is refused, reasons for such refusal must be indicated in the written response.
4. After the quantity of drugs procured under the framework agreement has been fully transferred between health facilities, the provincial centralized procurement unit shall make regulation by executing the additional purchase option on the condition that total quantity of drugs replenished to health facilities shall not exceed the quantity specified in the approved drug supplier selection plan, including additional quantity received by executing the additional purchase option.
5. Drugs are regulated to meet demands of health facilities and ensure the proper use of drugs as prescribed in clause 4 Article 18 of this Circular.
6. A written request for replenishment of a drug shall be made using the form in Appendix IV enclosed herewith.
Article 33. Additional purchase option in centralized procurement
Centralized procurement units shall give specific guidance on the procedures for executing the additional purchase option in centralized procurement which must comply with the following provisions:
1. The centralized procurement unit may purchase an additional amount of drugs which must not exceed the maximum permissible limit specified in the approved drug supplier selection plan to additionally supply them for health facilities.
2. If a health facility wants to use an additional amount of a drug under the framework agreement which is beyond the regulating capacity and exceeds the approved quantity, after obtaining a written consent from the centralized procurement unit, it may purchase an additional amount of drugs within the scope of the additional purchase option. In this case, the quantity, value and supply schedule of the drug additionally purchased must be clearly specified in the contract or its appendix.
3. The centralized procurement unit or health facility may make multiple additional purchases provided that total amount of drug additionally purchased must not exceed the maximum permissible limit specified in the approved drug supplier selection plan.
Article 34. Reporting on implementation of supplier selection result in national centralized bidding
1. Before the 10th of each month and the 10th of the first month of each quarter or upon request, selected suppliers shall prepare reports on their execution of contracts for supply of drugs included in lists of drugs procured through national centralized bidding using the form in Appendix V enclosed herewith, and submit them to the national centralized procurement unit and VADP (for antiretroviral drugs).
2. Before the 10th of the first month of each quarter or upon request, health facilities under management of provincial governments, and health facilities under management of Ministries or central-government authorities located in provinces shall prepare reports on their execution of contracts for supply of drugs included in lists of drugs procured through national centralized bidding using the form in Appendix V enclosed herewith, and send them to provincial centralized procurement units and provincial HIV/AIDS Control Agencies (for antiretroviral drugs).
3. By the 15th day of the first month of each quarter or upon request, provincial centralized procurement units and health facilities under management of the Ministry of Health of Vietnam shall prepare reports on their execution of contracts for supply of drugs included in lists of drugs procured through national centralized bidding using the form in Appendix V enclosed herewith, and send them to the national centralized procurement unit and VADP (for antiretroviral drugs).
Article 35. Reporting on implementation of supplier selection result in provincial centralized bidding
1. By the 10th day of the first month of each quarter or upon request, selected suppliers shall prepare reports on their execution of contracts for supply of drugs included in lists of drugs procured through provincial centralized bidding using the form in Appendix V enclosed herewith, and submit them to provincial centralized procurement units.
2. By the 10th day of the first month of each quarter or upon request, public health facilities under management of provincial governments shall prepare reports on their execution of contracts for supply of drugs included in lists of drugs procured through provincial centralized bidding using the form in Appendix V enclosed herewith, and submit them to provincial centralized procurement units.
1. This Circular comes into force from October 25, 2025.
2. The Circular No. 07/2024/TT-BYT dated May 17, 2024 of the Minister of Health prescribing bidding for supply of drugs for public health facilities shall be null and void from the effective date of this Circular.
Article 37. Terms of reference
If any legislative documents referred to in this Circular are superseded or amended, the new ones shall apply.
Article 38. Implementation organization
1. Heads of central authorities shall instruct public health facilities under their management to carry out drug supplier selection in accordance with this Circular and regulations of the law on contractor selection.
2. The Minister of Health of Vietnam shall delegate authority to decide the procurement of drugs to agencies and units using funding under the management of the Ministry of Health of Vietnam to serve their operation and performance of tasks assigned by the Minister of Health of Vietnam.
3. Drug Administration of Vietnam, and Traditional Medicine Administration of Vietnam shall update and publish the following information on their websites:
a) Lists serving the drug supplier selection, including:
– List of drug authorities of SRA or EMA countries and List of SRA or EMA countries;
– List of drug authorities of countries that are members of PIC/s and ICH;
b) Lists of drugs serving drug supplier selection, including:
– List of drugs wholly manufactured in Vietnam on production lines fulfilling category-1 drug category criteria as prescribed in Point c Clause 1 Article 4 of this Circular;
– List of traditional medicinal materials in the following dosage forms: glue, granule, powder, extract, essential oil, resin, gum or jelly meeting quality specifications according to the Ministry of Health of Vietnam’s regulations on management of quality of herbal materials and traditional drugs;
– List of drugs included in the List of national products;
– List of drugs awarded the “Ngoi sao thuoc Viet” (“Star of Vietnamese medicines”) by the Ministry of Health of Vietnam;
– List of herbal materials which are planted, collected or obtained naturally and certified to fulfill GACP requirements by the Ministry of Health of Vietnam;
– List of drugs made of materials (drug substances) manufactured in SRA or EMA countries or granted CEP certificate;
– List of drugs and manufacturers and suppliers committing violations against quality specifications;
4. Health facilities requesting for information disclosure specified in Point c Clause 1 Article 4 of this Circular shall provide the following documents and be legally responsible for the accuracy of the provided documents:
a) Legal documents issued by drug authorities of SRA or EMA countries. These documents must bear full names and signatures of authorized signatories and seals of competent authorities of the issuing countries and bear the consular legalization as prescribed (originals or certified true copies);
In case of electronic legal documents, including those without full names and signatures of authorized signatories and seals of competent authorities of the issuing countries, the health facility shall send the documents obtained from the English website of the issuing authority to the Ministry of Health of Vietnam (via the Drug Administration of Vietnam). These documents shall bear the health facility’s seal and be accompanied with a document containing the download links. The health facility shall be legally responsible for the legitimacy and accuracy of these documents;
The legal documents shall have the following contents: drug name, active ingredients, their concentration or content, dosage form, name and address of the manufacturer, and certification that the drug is granted marketing authorization in that country.
b) Statements proving that the drug sold in Vietnam and the drug granted certificate of marketing authorization by a drug authority of a SRA or EMA country have the same dosage form, production process, quality specifications and testing methods; drug substances and excipients have the same quality specifications, manufacturer and manufacturing factory or site as prescribed in Appendix VI enclosed herewith.
5. Centralized procurement units shall take charge of supervising and expediting the supply of drugs by selected suppliers, health facilities’ use of drugs, and performance of regulation tasks under signed framework agreements.
6. Bidders for contract packages of herbal drugs, drugs containing drug substances combined with herbal materials, or traditional drugs, or contract packages of herbal materials, semi-finished herbal materials or traditional medicinal materials of herbal origin announced by drug authorities of Vietnam to have fulfilled GACP requirements shall wholly assume legal responsibility for the following contents:
a) The accuracy of documents proving that the drug, herbal material or traditional medicinal material bid for is made of herbal materials which have been announced by drug authorities of Vietnam to fulfill GACP requirements;
b) The selected drug, traditional medicinal material or herbal material is manufactured or supplied from herbal materials which have been announced by drug authorities of Vietnam to fulfill GACP requirements and satisfies technical standards laid down in bidding documents or RFP.
7. Regarding a drug which is included in the approved drug supplier selection plan but no longer meets the principles and criteria for being included in the list of drugs procured through centralized procurement:
a) If the bidding documents or RFP has been issued, the centralized drug supplier selection shall continue to be carried out according to the approved drug supplier selection plan;
b) If the bidding documents or RFP is not yet issued, the centralized procurement unit shall:
– request competent authorities to consider permitting application of clause 5 Article 53 of the Law on Bidding; or
– notify the termination of the centralized procurement, and request health facilities/provincial governments to proactively organize the procurement of drugs.
8. If a drug which can be manufactured by at least 03 domestic manufacturers on production lines fulfilling EU-GMP requirements or EU-GMP-equivalent requirements, and meet technical requirements as announced by the Ministry of Health of Vietnam, and other quality, price and supply capacity requirements no longer meets principles and criteria as prescribed, the unit in charge of organizing the drug supplier selection shall consider taking one of the following actions:
a) If the bidding documents or RFP has been issued, the drug supplier selection shall continue to be carried out according to the approved drug supplier selection plan and the issued bidding documents or RFP; or
b) if the bidding documents or RFP is not yet issued, the Purchaser shall not grant the incentives as prescribed in point b clause 1 Article 56 of the Law on Bidding.
Article 39. Responsibility for implementation
The Director of Drug Administration of Vietnam, the Director of the Traditional Medicine Administration of Vietnam, the Director of the Planning – Finance Department, Chief of the Ministry’s Office, head of the national centralized procurement unit, heads of departments of and affiliated to the Ministry of Health of Vietnam, Directors of Provincial Departments of Health, pharmacy business establishments and other relevant authorities, organizations and individuals are responsible for the implementation of this Circular.
Difficulties that arise during the implementation should be reported to the Ministry of Health of Vietnam for consideration./.
PP. MINISTER Le Duc Luan |
