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MINISTRY OF HEALTH
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No. 08/2018/TT-BYT
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Hanoi, April 18, 2018
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CIRCULAR
ON AMENDMENTS TO CERTAIN ARTICLES OF CIRCULAR NO.
28/2017/TT-BYT DATED JUNE 28, 2017 OF THE MINISTER OF HEALTH ON MANAGEMENT OF
THE PROCUREMENT OF ANTIRETROVIRAL DRUGS AT COUNTRY LEVEL USING HEALTH CARE
FUNDS OF HEALTH CARE INSURANCE AND CO-PAY SUPPORT PROVIDED FOR HIV PATIENTS WHO
HAVE HEALTH INSURANCE CARDS.
Pursuant to the
Government’s Decree No. 75/2017/ND-CP dated June 20, 2017 on defining
functions, tasks, powers and organizational structure of the Ministry of
Health;
In implementation of the
Prime Minister’s Decree No. 2188/QD-TTg dated November 15, 2016 on regulations
on payments for the procurement of antiretroviral drugs at country level using
health care funds and health insurance provided for HIV patients;
At the request of
Director of Vietnam Administration of HIV/AIDS Control, Ministry of Health;
The Minister of Health
promulgates the Circular on amendments to certain articles of Circular No.
28/2017/TT-BYT dated June 28, 2017 on management of the procurement of
antiretroviral drugs at country level using health care funds of health care
insurance and co-pay support provided for HIV patients who have health
insurance cards.
Article 1. Amendments
to some Articles of the Circular No. 28/2017/TT-BYT dated June 28, 2017 of the
Minister of Health
1. Clause 4, Article 2
is amended as follows:
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2. Clause 2, Article 3
is amended as follows:
“2. The process of
planning the ARVs demand:
a. Before March 10 every
year, the health facilities shall complete their plan on the ARVs demand for
the following year and send this written plan to the leading agencies which
take charge in preventing and controlling HIV/AIDS in provinces and
central-affiliated cities (hereinafter referred to as “Provincial HIV/AIDS
Prevention and Control Agency”).
b. Before April 01 every
year, the Provincial HIV/AIDS Prevention and Control Agency shall complete the
plan on the demand for ARVs of all the health facilities within the province
and submit this written plan to the Ministry of Health (Vietnam Administration
of HIV/AIDS Control).
c. Before April 30 every
year, the Vietnam Administration of HIV/AIDS Control shall make a final plan on
the nationwide demand for ARVs and send this written plan to the Procurement
Unit.
d. After receiving the
written plan on the nationwide demand for ARVs for the following year from the
Vietnam Administration of HIV/AIDS Control, the Procurement Unit shall complete
the plan on selecting the supplier in accordance with Circular No.
11/2016/TT-BYT dated May 11, 2017 of the Minister of Health.”
3. Point c is added to Clause 3, Article 3 as follows:
c. Vietnam Administration
of HIV/AIDS Control.
4. Point a, Clause 4, Article 3 is amended as follows:
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5. Point b, Clause 2, Article 4 is amended as follows:
b. Within 05 working
days, the Vietnam Administration of HIV/AIDS Control shall send the ARVs
distribution documents to the selected supplier for distribution of the ARV
drugs and to the Signing Unit and Procurement Unit for supervision of the
distribution process.
6. Point c, clause 3, Article 4 is amended as follows:
c. Within 05 working
days, from the date on which the written request from the Provincial HIV/AIDS
Prevention and Control Agency is received, the Vietnam Administration of
HIV/AIDS Control shall send the ARVs distribution documents to the selected
supplier for distribution of ARV drugs and to the Signing Unit and Procurement
Unit for adjustments to the drugs’ quantity and price.
7. Clause 5 is added to Article 7 as follows:
"5. Responsibilities
of the Procurement Unit:
a. Organize the auction,
arrange a meeting to sign the framework agreement with the selected supplier
and manage the implementation process of such agreement and supply contract,
and also ensure the quality of ARVs provision service provided by the selected
supplier.
b. Notify the Ministry of
Health (Vietnam Administration of HIV/AIDS Control) of the annual
implementation process of the framework agreement.”
Article 2. Entry into
force
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2. The following clauses
shall be annulled: Clause 4, Article 2; Clause 2, Article 3; point a, Clause 4,
Article 3; point b, Clause 2, Article 4; point c, Clause 3, Article 4; point c,
Clause 1 and point b, Clause 2, Article 7 of the Circular No. 28/2017/TT-BYT
dated June 28, 2017 of the Minister of Health.
3. If the documents which
are referred to in this Circular are amended or supplemented, the replaced or
amended documents shall apply.
If there is any
difficulty during the implementation process, the related agencies, organizations
and individuals shall notify the Ministry of Health for consideration and
decision-making.
PP. MINISTER
DEPUTY MINISTER
Nguyen Thanh Long