THE MINISTRY OF HEALTH

Circular No.  37/2013/TT-BYT dated November 11, 2013 of the Ministry of Health guiding the elaboration of bidding dossier for medicine purchase in medical establishments
Pursuant to the Pharmacy Law No. 34/2005/QH11 dated June 14, 2005;
Pursuant to the Law on tendering No. 61/2005/QH11 dated November 29, 2005; Law amending and supplementing a number of articles of the laws concerning capital construction investment No. 38/2009/QH12 dated June 19, 2009;
Pursuant to the Government’s Decree No. 79/2006/ND-CP dated August 09, 2006, detailing implementation of a number of Articles of the Pharmacy Law; Government’s Decree No. 89/2012/ND-CP dated October 24, 2012, amending and supplementing a number of Articles of Government’s Decree No. 79/2006/ND-CP dated August 09, 2006, detailing implementation of a number of Articles of the Pharmacy Law;
Pursuant to the Government’s Decree No. 85/2009/ND-CP dated October 15, 2009, guiding implementation of Law on tendering and selection of the building contractors under construction law;
Pursuant to Government’s Decree No. 63/2012/ND-CP dated August 31, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Health;
Pursuant to the Joint Circular No. 01/2012/TTLT-BYT-BTC dated January 19, 2012, of the Minister of Health and the Minister of Finance guiding the bidding for medicine purchase by medical establishments; the Joint Circular No. 36/2013/TTLT-BYT-BTC dated November 12, 2013, of the Minister of Health and the Minister of Finance amending and supplementing a numbers of Articles of the Joint Circular No. 01/2012/TTLT-BYT-BTC dated January 19, 2012, of the Minister of Health and the Minister of Finance guiding the bidding for medicine purchase by medical establishments;
Pursuant to the Circular No. 05/2010/TT-BKH dated February 10, 2010 of the Minister of Planning and Investment detailing the elaboration of bidding dossier for goods procurement;
The Minister of Health promulgates Circular guiding the elaboration of bidding dossier for medicine purchase in medical establishments as follows:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Circular guiding the elaboration of bidding dossier when conduct the domestic open bidding, limited bidding for medicine purchase in serve of prevention of disease, medical examination and treatment from state budget, fund of medical insurance and other lawful revenues in medical establishments (hereinafter collectively referred to as units).
2. For bidding packages for medicine purchase of projected used ODA funding, if donors agree, this Circular may be applied or some content may be amended and supplemented under regulations on bidding in International treaties in which the Socialist Republic of Vietnam is a contracting party or international agreement which competent agencies or organizations of the Socialist Republic of Vietnam have been concluded in.
3. This Circular does not apply in the following cases:
a) Medicines under orders of state and paid with the state budget source;
b) Materia medica and traditional medicines;
c) Blood and blood products;
d) Medical oxygen.