Removing obstacles in drug procurement bidding.

The discussion on the draft Law on Bidding (amended) at the Conference of National Assembly Deputies working in specialized committees was conducted under the chairmanship of National Assembly Chairman Vuong Dinh Hue and the direction of National Assembly Vice Chairman Nguyen Duc Hai.

Regulations on tender awarding and price negotiation.

According to the planned explanation of the amendments to the Law on Bidding (amended), the Standing Committee of the Finance and Budget Committee has incorporated and revised many articles and clauses to regulate and resolve difficulties and obstacles of public concern regarding the procurement of medicines and medical equipment . These revisions were made based on feedback from National Assembly deputies, discussions with several major hospitals in Hanoi , and with the agreement of the Ministry of Health – the agency in charge of drafting the law.

Specifically, Article 23 on direct contracting stipulates that direct contracting shall be applied to contracts for the provision of consulting services, non-consulting services, medicines, chemicals, medical equipment, and construction works serving disease prevention and control, and emergency medical care for patients that need to be implemented immediately to avoid endangering the lives and health of the people.

Article 28, regarding the form of price negotiation, stipulates that it applies specifically to tenders for the procurement of original branded drugs, reference biological products; drugs and medicinal materials with only one or two manufacturers; and other special cases.

Article 56 comprehensively regulates the procurement of chemicals and medical equipment, specifically stipulating a five-year bidding period for chemicals used with rented or borrowed testing equipment in hospitals, starting from the effective date of this law. It also stipulates that contractor selection should be based on the number of medical services to ensure efficiency, transparency, and accountability.

Reducing the burden on hospitals benefits the people.

Representative Nguyen Anh Tri (Hanoi City National Assembly Delegation) commented on the provisions in Article 53 regarding centralized bidding in the procurement of medicines, medical equipment, and supplies. The draft law stipulates that centralized bidding is applied when goods and services need to be purchased in large quantities.

However, delegates argued that centralized bidding should only be implemented for goods, medicines, and supplies in small, very small, very few, or very rare quantities. Such a regulation would ensure feasibility and serve patients in all hospitals, thereby reducing hospital overcrowding. Lower-level hospitals currently have treatment protocols, but due to a lack of medication, patients have to be referred to higher-level hospitals for treatment. At the same time, such a regulation would limit corruption in procurement, preventing patients from buying unregulated drugs on the market.

Representative Nguyen Anh Tri also suggested that the procurement of rare medicines should be conducted through a unit under the Ministry of Health to supply all hospitals nationwide.

Procurement of medicines and medical supplies is a complex activity, easily leading to corruption. Therefore, the delegate proposed that the National Assembly carefully consider the matter, ensuring it is rigorous, clear, and feasible. According to delegate Nguyen Anh Tri, the procurement process for medicines and medical supplies should be clearly defined in two steps: First, the centralized procurement unit at the ministerial, provincial, and national levels should select contractors with quality and a price ceiling. Second, medical facilities with needs should, based on the results of the centralized bidding, select a suitable supplier for their operations, ensuring the price does not exceed the price ceiling.

Representative Le Van Kham (National Assembly delegation of Binh Duong province) stated that the draft laws already contain mechanisms, policies, and regulations that create very good opportunities for medical practitioners and medical facilities to save patients in utilizing disease prevention and treatment services...

Regarding price negotiations, the draft law stipulates that it applies to branded drugs or drugs with only one or two manufacturers. Representatives suggested researching the possibility of adding provisions for price negotiations for medical equipment and supplies.

According to the delegates' explanation, medical equipment often consists of machines with very high technical requirements, such as radiotherapy machines in the field of oncology, and ultrasound-guided endoscopic cardiovascular intervention machines, and usually only one or two manufacturers sell them in Vietnam. Similarly, biochemical or immunological testing machines are limited in number in each field... In addition, in disease treatment, there are also proprietary products, often those with innovative features.

Therefore, delegates proposed a mechanism for price negotiation to purchase medical equipment and supplies at the best possible prices. This would benefit both patients and the Health Insurance Fund, as the cost of purchasing medical equipment and supplies is a key factor in determining the price of medical examination and treatment services and the overall cost of medical care.

WIN

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