In order to ensure competition, fairness, transparency, economic efficiency and accountability in purchasing activities at medical facilities, a hospital has sent a document to the Ministry of Finance asking for guidance on problems arising in the bidding process according to the provisions of the 2023 Bidding Law, Decree 24/2024/ND-CP, Circular 22/2024/TT-BKHDT and Decree 98/2021/ND-CP.
According to the hospital's reflection, there are currently two groups of consumed materials and chemicals mainly used: (1) The group is not required to use the same specialized medical equipment and (2) The group must use the same specialized medical equipment. For the second group, the hospital said it has organized bidding based on Article 65 of Decree 98/2021/ND-CP, which clearly stipulates the rights and responsibilities of medical facilities when managing and using medical equipment, including the correct use of compatible materials and chemicals according to the instructions of the equipment owner.
In fact, the owner of the medical equipment also requires the hospital to use genuine chemicals to ensure the rights to maintenance, repair, and replacement of components. In E-HSMT (electronic bidding documents), the hospital has requested the contractor to provide confirmation from the owner of the medical equipment that the materials and chemicals in the bidding process are compatible with the equipment.
However, this regulation has been reflected by some contractors as showing signs of limiting competition, violating Clause 3, Article 44 of the Law on Bidding, when the bidding documents can create conditions to create advantages for some specific contractors.
Responding to the above problem, the Ministry of Finance cited the provisions of Law No. 90/2025/QH15 - amending and supplementing a number of laws related to bidding - saying: For bidding packages that have issued bidding documents before the effective date of the law, the organization of contractor selection is still carried out according to Bidding Law No. 22/2023/QH15 (amended by Law No. 57/2024/QH15).
Notably, according to Point d, Clause 1, Article 23 of the Law on Bidding, the form of bidding designation is allowed to be applied to packages for the procurement of goods and services that must ensure competitiveness in technology, copyright or related to warranty conditions but cannot be purchased from other contractors.
At the same time, Article 98 of Decree 24/2024/ND-CP (amended in Decree 17/2025/ND-CP) also allows the application of online bidding according to a shortened process in cases where it is necessary to ensure the compatible of materials and chemicals with specialized equipment.
The Ministry of Finance emphasizes that: Although it is allowed to require compatible conditions to ensure the efficiency of medical equipment exploitation, E-HSMT must not provide conditions that limit the participation of contractors or create unfair advantages, unless those requirements are necessary to ensure the quality of goods and services.
Thus, in cases where consumer materials need to be compatible with specialized equipment, medical facilities can apply the form of bidding or online bidding. However, it is still necessary to strictly comply with competition regulations and avoid conditions that cause unnecessary restrictions for contractors.
