Director of Hanoi Department of Health Tran Thi Nhi Ha said that the regulations on designating drug and medical supplies bidding packages are not specific in terms of conditions and are easily exploited.
This morning, the National Assembly discussed the draft Law on Bidding (amended), in which the content that many delegates were interested in was the regulation on cases where bidding packages can be designated.
Article 23 of this draft law stipulates that bidding packages for consulting services, drugs, medical equipment, medical supplies, etc. can be designated in cases where "it is necessary to implement immediately to serve the work of disease prevention and control, avoiding harm to people's lives and health". According to Director of Hanoi Department of Health Tran Thi Nhi Ha, this provision is necessary but it is not clear what is considered a "bidding package that needs to be implemented immediately", which could lead to the risk of arbitrarily applying the form of bidding designation.
Ms. Ha said the phrase "need to be implemented immediately" stipulated in the 2013 Bidding Law has caused confusion in the context of the pandemic. Some units applying the form of designated bidding have been determined to have violated the selection of bidding form. Therefore, the delegate proposed to specify this concept.
Delegate Tran Thi Nhi Ha (Director of Hanoi Department of Health) spoke on the morning of May 24. Photo: National Assembly Media
Similarly, Article 23 also mentions "being assigned to bid for the procurement package of drugs, chemicals, medical equipment, and medical supplies for emergency treatment of patients according to the provisions of the Law on Medical Examination and Treatment (amended)".
But Delegate Tran Khanh Thu was concerned that the Law on Medical Examination and Treatment (amended) does not have any regulations on this issue. She proposed to clarify what is considered an "urgent case in health care" and which agency has the authority to determine an urgent case.
The main violations in procurement and bidding in recent times have originated from the bid package price. However, the price determination according to the guidance in Circular 68 of the Ministry of Finance is facing many shortcomings.
One of the methods for determining the package price is to use 3 quotations. However, according to Ms. Tran Thi Nhi Ha, this method "does not guarantee that the price of goods is the market price". Because this is not a successful and competitive transaction price. The Hanoi delegation suggested that the drafting committee consider stipulating the principle of determining the package price right in the draft, creating a legal basis for the Government to specify.
Delegate Tran Khanh Thu speaks on the morning of May 24. Photo: National Assembly Media
Meanwhile, delegate Nguyen Huu Chinh agreed with the drafting committee when applying the designation regulation to the bidding package for purchasing drugs and medical equipment with only one manufacturer on the market due to the requirement of technological solutions. However, to avoid abuse, this delegate proposed to strictly regulate the criteria, conditions of application, and form of designation. Mr. Chinh also agreed with the draft on the cases of designation of bidding, including the addition of the case of bidding packages for supplying drugs and supplies for emergency treatment of patients in cases where medical examination and treatment facilities are insufficient.
Delegate Pham Thi Kieu acknowledged that the Covid-19 pandemic has shown that the capacity to respond to and access medical supplies, chemicals, biological products, vaccines, and equipment is still limited due to the lack of domestic production. Regulations on management and bidding for medical equipment still have many shortcomings.
To resolve the issue, Ms. Kieu proposed to adjust the draft in the direction that "in case of emergency, the organization assigned to purchase can advance goods to serve the right purpose and urgent requirements according to the direction of competent authorities, then carry out the shortened bidding process according to regulations".
Son Ha - Hoai Thu
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