JOINT CIRCULAR

GUIDING BIDDING OF DRUGS PROCUREMENT IN THE MEDICAL FACILITIES

Pursuant to the Pharmacy Law No.34/2005/QH11 dated 14/6/2005;

Pursuant to the Procurement law No.61/2005/QH11 dated 29/11/2005; the Law amending and supplementing some Articles of the Law relating to investment in basic construction No.38/2009/QH12 on 19/6/2009;

Pursuant to the Decree No.79/2006/ND-CP dated 09/8/2006 of the Government detailing the implementation of some Articles of the Pharmacy Law;

Pursuant to the Decree No.85/2009/ND-CP dated 15/10/2009 of the Government guiding the implementation of the Law on Procurement and selection of construction contractors under the Construction Law;

Pursuant to the Decree No.188/2007/ND-CP dated 27/12/2007 of the Government regulating functions, duties, powers and organizational structure of Ministry of Health;

Pursuant to the Decree No.118/2008/ND-CP dated 27/11/2008 of the Government regulating functions, duties, powers and organizational structure of Ministry of Finance;

Joint Circular of The Ministry of Health - Ministry of Finance guides bidding of drug procurement in the health facilities (hereinafter referred to as units) as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of governing

1. This Circular guides a number of specific contents in the implementation of the bidding of drugs procurement of the units using funds from the state budget, health insurance funds and other legitimate sources of revenue for demand of disease prevention, medical examination and treatment to ensure conformity with the specific characteristics of the drugs under the provisions of the Pharmacy Law and documents guiding the Pharmacy Law.

2. Other contents related to the implementation of the bidding of drugs procurement of the units using funds from the state budget, health insurance funds and other legitimate sources of revenue for the demand of disease prevention, medical examination and treatment that are not be governed by this Circular shall comply with current provisions of law on procurement.

Article 2. Subjects of application

1. This Circular shall apply to:

a) The units using funds from the state budget, health insurance funds, and other legitimate sources of revenue to purchase drugs for the demand of disease prevention, medical examination, and treatment.

b) The concerned agencies and units engaging in the process of bidding of drugs procurement in accordance with current regulations.

2. This Circular does not apply in the following cases:

a) Drugs ordered by the State made payment by the state budget.

b) Medicinal herbs and traditional medicine....