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THE GOVERNMENT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 30/NQ-CP
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Hanoi, March 04, 2023
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RESOLUTION
CONTINUING IMPLEMENTATION OF SOLUTIONS FOR ENSURING DRUGS
AND MEDICAL EQUIPMENT
THE GOVERNMENT
Pursuant to the Law on
Government Organization dated June 19, 2015; the Law on amendment to the Law on
Government Organization and the Law on Local Government Organization dated
November 22, 2019;
At request of Minister
of Health,
HEREBY RESOLVES:
1. Amend Clause 4 Resolution No. 144/NQ-CP dated November 5,
2022 of the Government as follows:
“Allow medical
examination and treatment costs to be reimbursed by health insurance in regard
to technical services performed on machines provided by successful bidders for
material and chemical contracts according to bidding results approved by
competent authority in accordance with the Law on Bidding as follows:
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b) In regard to contracts
signed from November 5, 2022: comply with the contracts until legislative
documents on this matter are promulgated, even contracts signed under direct
procurement method.
If contracts mentioned
under Point a and Point b of this Clause expire, the reimbursement still
applies until the procured materials and chemicals are exhausted.”.
2. If project developers or procuring entities (hereinafter
referred to as “project developers”) specify in bid documents that the
successful bidders of material and chemical contracts are responsible for
providing medical equipment to facilitate the use of the materials and
chemicals, the successful bidders must also provide medical equipment at
request of project developers.
Medical examination and
treatment costs of technical services performed on machines provided by
successful bidders of material and drug contracts mentioned under this Clause
shall be reimbursed by Health Insurance Fund. If the contract expires,
reimbursement shall last until the procured materials and chemicals are
exhausted.
3. Allow medical facilities to carry out pilot adoption of
guidelines on developing package price in 2023, to be specific:
a) When developing
package price, if different manufacturers manufacture the same type of medical
equipment, project developers shall review and decide to assign their Science
council to determine features and configurations depending on their specific
needs. On the basis of features and configurations determined by Science
council, organizing entities shall gather quotation in accordance with Point b
of this Clause.
b) Project developers
shall determine package price by any of the following document:
- Market price based on
quotations provided by suppliers via any of the following methods:
+ Project developers
shall send request for quotation and technical requirements to website of the
Ministry of Health or online portal for management of medical equipment
(https://dmec.moh.gov.vn) or website of the entities or other methods in
accordance with bidding laws in at least 10 days. At the end of the request for
quotation period, project developers shall rely on the received quotations to
develop package price. If only one or two distributors or enterprises
(hereinafter referred to as “distributors”) provide quotations, these
quotations are eligible as the basis for developing package price.
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Package price shall be
determined on the basis of technical features, use demand, and financial
capacity of project developers.
- Price evaluation
results of competent authorities entitled to perform price evaluation, price
evaluation enterprises in accordance with the Law on Price;
- Successful bid of
contract package for procurement of similar medical equipment in the previous
120 days.
c) If a contract package
consists of many separate sections, specify price of each section in the
contract package.
4. Allow medical facilities to use medical equipment which is
donated, gifted, sponsored, contributed by domestic and foreign individuals,
organizations (including medical equipment of joint venture and cooperation
where contract has expired) and has not been established under public ownership
for medical examination and treatment. Technical services performed on these
medical equipment shall be paid for by Health Insurance Fund. Medical
examination and treatment establishments are responsible for the quality of
medical services performed on these equipment and are allowed to use their
expenditure for the purpose of maintenance and repair of the equipment during
use.
5. Responsibilities of ministries and central departments:
a) Ministry of Health
shall:
- Develop and promulgate
guidelines on developing package price of medical equipment: Complete in the
second Quarter of 2023;
- Amend and revise the
list of drugs for national-level, local-level centralized bidding to meet
capacity of bidding organizations of each level and supply capacity of
enterprises in order to adequately and promptly provide drugs for medical
examination and treatment: Complete in the third Quarter of 2023;
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- Develop and promulgate
guidelines on bid documents of contract package for medicinal plants and
traditional medicinal materials for online bidding: Complete in the third
Quarter of 2023;
- Review and assess the
reception of used medical machinery and equipment donated, gifted, sponsored,
contributed by organizations, individuals to medical facilities for the purpose
of medical examination and treatment; cooperate with Ministry of Finance and
relevant ministries, central departments in proposing specific solutions and
reporting to competent authorities: Complete in the third Quarter of 2023.
b) Ministry of Planning
and Investment shall:
- Provide timely and
specific guidelines to allow entities and local governments to organize
implementation of legislative documents relating to bidding for drugs and
medical equipment within their competence;
- Cooperate with Ministry
of Health in developing regulations on bidding for drugs and medical equipment
in the project for the Law on Bidding in a manner that fits the medical sector.
c) Ministry of Finance
shall amend or promulgate new documents on management and use of public
property and use of state budget-based expenditure for the purpose of procuring
drugs and medical equipment within their competence or request competent
authorities to promulgate as per the law.
6. This Resolution comes into force from the date of signing.
Ministry of Health shall
monitor, expedite, and conclude the implementation of this Resolution; request
the Prime Minister to review and coordinate the implementation of this
Resolution in ministries, central departments, and local authorities./.
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ON BEHALF OF. THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Le Minh Khai