Untangling drug bidding bottlenecks, ensuring no drug shortages in public hospitals

In recent years, drug bidding in public hospitals has faced many difficulties, especially the lack of uniformity in regulations and the rapid changes in the legal system. Meanwhile, many medical facilities have encountered difficulties in implementing procurement, leading to disruptions in drug supply, directly affecting the treatment of patients.

The issuance of Circular 40 is considered necessary and timely, contributing to overcoming legal gaps and improving management efficiency in this specific field.

Circular 40 is built on the latest legal foundation, including the amended Law No. 90/2025/QH15, Law No. 57/2024/QH15 and Decree No. 214/2025/ND-CP, to ensure consistency, synchronization and feasibility in the entire public drug bidding system.

The Circular specifically regulates bidding for drugs such as chemical drugs, radioactive drugs, markers, vaccines, biological products, medicinal materials, traditional medicines, traditional medicinal ingredients and medical gases that are granted circulation registration numbers as drugs.

The contents on the division of bidding packages, drug groups, contractor selection process, bidding procedures and centralized procurement are all completed in a clear, transparent and easy-to-implement direction.

A notable new point of Circular 40 is the expansion of the scope of application and increased autonomy for public service units. Specifically, autonomous units of groups 1 and 2 are allowed to decide to apply the Circular when they deem it appropriate to their financial conditions.

The investor's authority is significantly enhanced when it is allowed to approve the contractor selection plan without having to appraise the bidding documents as before. This approach helps shorten the implementation time, increase flexibility, reduce administrative procedures and give real initiative to the hospital, in line with the autonomous orientation in the health sector.

In addition, Circular 40 updates and standardizes regulations on dividing bidding packages and drug groups in a direction consistent with the current drug management system.

Regulations on the classification of original brand name drugs, reference biological products, drugs with proven bioequivalence, processed drugs and technology transfer drugs are adjusted to ensure consistency with the 2016 revised Pharmacy Law and new guidelines, not only improving the quality of drugs winning bids but also creating a healthy competitive environment, helping patients access better drugs at more reasonable prices.

Another notable point is that the Circular has added a flexible handling mechanism in case the bidding or winning drugs have information changes during the selection or supply process.

When the drug changes but the replacement drug is not yet included in the bidding documents, the investor is allowed to consider allowing the contractor to supply equivalent drugs, to ensure that treatment is not interrupted.

Regarding the field of traditional medicine, traditional medicine ingredients and medicinal materials, Circular 40 also has many significant adjustments. The new regulations clarify the conditions, technical standards, responsibilities of contractors and investors, and update the content in accordance with the Pharmacy Law No. 44/2024/QH15 to help the bidding activities for this special group of drugs be transparent and consistent among localities, while promoting the use of domestic medicinal materials, contributing to the preservation and development of traditional Vietnamese medicine.

In addition, Circular 40 completes the centralized procurement mechanism towards increasing efficiency and clearly defining responsibilities. Centralized procurement units at the national and local levels are not only responsible for planning but are also authorized to approve contractor selection plans.

The coordination mechanism between the Ministry of Health and the Department of Health when bidding is unsuccessful is also specifically regulated in terms of time limits and handling procedures, helping to reduce delays in the supply stage, limiting disruptions or delays in drug procurement as happened before.

Some opinions say that the newly issued Circular not only solves practical problems, but also aims at long-term goals: ensuring continuity in treatment, effectively using the state budget and developing the domestic pharmaceutical market in a competitive, modern and integrated direction.

Circular No. 40 consists of 38 articles, effective from October 25, 2025. From this point, Circular No. 07/2024/TT-BYT officially ceases to be effective.

Source: https://baodautu.vn/go-nut-that-dau-thau-thuoc-bao-dam-khong-de-thieu-thuoc-benh-vien-cong-d426457.html