Drug tender: Circular No. 09/2016/TT-BYT promulgating lists of drugs for procurement through tender process

Healthcare Vietnam Client Alert July 2016 Drug tender: Circular No. 09/2016/TT-BYT promulgating lists of drugs for procurement through tender process On May 05, 2016, the Ministry of Heath issued Circular No. 09/2016/TT-BYT promulgating lists of drugs for procurement through tender process ("Circular No. 09"). Circular No. 09 provides four (04) lists of drugs for procurement as follows:  List of drugs for procurement through tender process: This list includes chemical drugs, radiopharmaceuticals and tracers, oriental drugs and herbal drugs, and traditional medicines.  List of drugs for national-level concentrated procurement: Only five (05) substances (Docetaxel, Oxaliplatin, Paclitaxel, Capecitabin and Anastrozol) shall be purchased by the national centralized procurement unit . This list also includes 59 substances, which are purchased by specific programs/projects, some examples include but are not limited to the following: HIV-AIDS prevention, immunization, influenza prevention projects, and more.  List of drugs for local-level concentrated procurement: This list covers 106 active ingredients, which can be supplemented by the proposal of local Departments of Health and then approved by the local People's Committee.  List of drugs for procurement through price negotiation: Only eight (08) substances can be purchased through price negotiation. Drugs purchased through price negotiation must satisfy at least one of the following criteria: ‒ The drug is prescribed under the list of originator pharmaceuticals promulgated by the Ministry of Health; ‒ The drug is prescribed under the orphan drugs list promulgated by the Ministry of Health; ‒ The drug is produced by one (01) to two (02) producers; and/or ‒ Other special cases, including: narcotic drugs, psychotropic drugs, precursors. This Circular No. 09 is effective 1 July 2016. This client alert provided by Baker & McKenzie (Vietnam) Ltd. is intended to provide our clients, and other interested parties, with an overview of the recent legal changes in the relevant area for information purposes only. The information contained in this client alert does not constitute legal advice or legal opinion, and should not be regarded as a substitute for detailed advice in individual cases. The information, as referred to in this client alert, is based on the laws, regulations, notifications, practice and policy at the time of its production. The laws, regulations, notifications, practice and policy may change from time-to-time and, therefore, the use of this client alert must be taken with due care. You are strongly advised that no use should be made of the information in this client alert without prior consultation with Baker & McKenzie (Vietnam) Ltd.. No portion hereof may be reproduced or transmitted, by any means, without the prior written permission from Baker & McKenzie (Vietnam) Ltd.. All rights reserved. Baker & McKenzie (Vietnam) Ltd. is a member of Baker & McKenzie International, a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a “partner” means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an “office” means an office of any such law firm. ©2016 Baker & McKenzie (Vietnam) Ltd. All rights reserved. This may qualify as “Attorney Advertising” requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. Should you wish to obtain further information or want to discuss any issues raised in this alert with us, please contact: Seck Yee Chung +84 8 3520 2633 [email protected] Vu Minh Ha +84 8 3520 2664 [email protected] www.bakermckenzie.com Baker & McKenzie (Vietnam) Ltd. 12th Floor, Saigon Tower 29 Le Duan Blvd District 1 Ho Chi Minh City Socialist Republic of Vietnam Tel: +84 8 3829 5585 Fax: +84 8 3829 5618 Baker & McKenzie (Vietnam) Ltd. Hanoi Branch Office Unit 1001, 10th Floor Indochina Plaza Hanoi 241 Xuan Thuy Street Cau Giay District, Hanoi Socialist Republic of Vietnam Tel: +84 4 3825 1428 Fax: +84 4 3825 1432