Tendering & Market Access
Public procurement of medicines under the 2023 Bidding Law and Circular 40/2025/TT-BYT, and reimbursement through Vietnam Social Security (BHYT).
Overview
This section is a Vietnam-focused reference for public procurement and market access of medicines, governed by the Ministry of Health (Bộ Y tế) and Vietnam Social Security (Bảo hiểm Xã hội Việt Nam — BHYT).
Scope:
• Tender group classification — 5 groups for chemical and biological generics, 4 groups for herbal and traditional medicines — based on GMP standard (EU-GMP, PIC/S-GMP, WHO-GMP), origin, bioequivalence data, and reference-biologic status.
• Centralized procurement at national level (Trung tâm Mua sắm tập trung thuốc Quốc gia — NCDPC, under MOH), provincial centralized procurement, and individual healthcare-facility tenders.
• Inclusion in the BHYT-reimbursable drug list (Circular 20/2022/TT-BYT) and payment ratios/conditions by hospital tier.
• Hospital classification (Tier I/II/III/IV and special hospitals) and which tender groups each tier may procure from.
• Original brand-name drugs (biệt dược gốc) and reference biologicals — conditions under which public facilities may procure them.
• Price negotiation route for selected high-cost medicines.
The post-2023 framework — Bidding Law 22/2023/QH15, Decree 24/2024/NĐ-CP, and Circular 40/2025/TT-BYT — replaced the previous regime (Circulars 15/2019 → 07/2024 → 40/2025) to address chronic drug-supply disruptions caused by tender delays and to formalize mid-contract drug substitution.
Key documents
Procurement law:
• Law on Bidding No. 22/2023/QH15 — issued 23 June 2023, effective 1 January 2024. Replaces the 2013 Bidding Law (43/2013/QH13). Article 55 carries provisions specific to drug, chemical, testing-reagent, and medical-equipment procurement.
Implementing decree:
• Decree 24/2024/NĐ-CP — issued 27 February 2024. Detailed implementation of the Bidding Law on contractor selection, with a dedicated chapter on pharmaceutical procurement.
Drug tendering — current authority:
• Circular 40/2025/TT-BYT — effective 25 October 2025. Replaces Circular 07/2024/TT-BYT in full. Drug bidding at public medical facilities; aligned with Pharmacy Law 44/2024/QH15. Five tender groups for chemical/biological generics, four for herbal and traditional medicines. Introduces mid-contract drug-substitution rules and updated provisions for traditional medicines and medicinal materials.
Drug tendering — historical (superseded):
• Circular 07/2024/TT-BYT — issued 17 May 2024; in force only until Circular 40/2025 took effect.
• Circular 06/2023/TT-BYT — amended Circular 15/2019; superseded with its parent.
• Circular 15/2019/TT-BYT — issued 11 July 2019, effective 1 October 2019; replaced by Circular 07/2024.
Health insurance & reimbursement:
• Health Insurance Law No. 25/2008/QH12 — original BHYT framework.
• Law No. 51/2024/QH15 — amends the Health Insurance Law; passed 27 November 2024, effective 1 July 2025. Notable changes: 100% co-payment relief for participants with 5+ years of continuous coverage, four new categories eligible for state-funded contributions, and formal coverage of home-based treatment.
• Circular 20/2022/TT-BYT — issued 31 December 2022, effective 1 March 2023. List, payment ratios, and conditions for BHYT reimbursement of chemical drugs, biologicals, radiopharmaceuticals, and tracers. Replaces Circulars 30/2018, 01/2020, and 20/2020.
Note: A draft amendment to Circular 20/2022 has been in public consultation; verify the currently effective version before relying on the appended list for commercial decisions.
Recent updates
2025 — Circular 40/2025/TT-BYT in force:
Effective 25 October 2025. Fully replaces Circular 07/2024 and aligns drug tendering with the amended Pharmacy Law (44/2024/QH15). Adds rules for drug substitution when winning bid drugs are withdrawn or otherwise unavailable, and clarifies bidding for traditional medicines and medicinal materials.
2025 — Amended Health Insurance Law in force:
Law 51/2024/QH15 took effect on 1 July 2025. Market-access-relevant changes: 100% co-payment relief for long-term participants, four new categories of state-funded contributors, and formal coverage of home-based treatment under BHYT.
2024 — Drug-tendering reform package:
Circular 07/2024/TT-BYT (17 May 2024) replaced Circular 15/2019 and its 06/2023 amendment. Issued together with Decree 24/2024/NĐ-CP (27 February 2024), it implemented the 2023 Bidding Law for the pharmaceutical sector and aimed to address persistent drug-supply disruptions caused by tender delays at hospitals.
2024 — Bidding Law in force:
Law 22/2023/QH15 took effect on 1 January 2024, replacing the 2013 Bidding Law. Article 55 establishes a specific procurement regime for medicines and medical equipment and gives public facilities greater autonomy in purchasing non-BHYT items and immunization vaccines.
2023 — Stop-gap tendering rules:
Circular 06/2023/TT-BYT amended Circular 15/2019 to address acute drug shortages — mainly simplifications around tender package preparation, plan approval, and group changes — pending the full overhaul under Circular 07/2024.
Resources & links
Government & regulator:
• Ministry of Health (MOH) — https://moh.gov.vn — announcements on bidding-law circulars and implementation guidance.
• Drug Administration of Vietnam (DAV) — https://dav.gov.vn — drug registration, reference biologics list, original brand-name drug (biệt dược gốc) list.
• Vietnam Social Security (Bảo hiểm Xã hội Việt Nam) — https://baohiemxahoi.gov.vn — BHYT participation, reimbursement, and fund management.
• National Centralized Drug Procurement Center (Trung tâm Mua sắm tập trung thuốc Quốc gia, under MOH) — list of medicines under national centralized procurement and tender results.
• National e-Procurement System (Hệ thống mạng đấu thầu quốc gia) — https://muasamcong.mpi.gov.vn — public tender notices, plan documents, and contract awards.
Industry & analysis:
• Vietnam Regulatory Affairs Society (VNRAS) — https://vnras.com — practitioner annotations on tendering circulars and amendments.
• Pharma Group at EuroCham Vietnam — R&D-based industry policy dialogue on tendering and pricing.
• Vietnam Pharmaceutical Companies Association (VNPCA).
Reference & official text:
• Official Gazette (Công báo) — https://congbao.chinhphu.vn — authoritative text of laws, decrees, and circulars.
• Government Information Portal — https://vanban.chinhphu.vn — searchable index of national legal documents.
Last updated: 2026-05-15