MINISTRY OF HEALTH
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No. 28/2017/TT-BYT
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Hanoi, June 28, 2017
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CIRCULAR
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 Law on
HIV/AIDS Prevention and Control No. 64/2006/QH11 dated June 29, 2006;
Pursuant to the Law on
Health Insurance No. 25/2008/QH12 dated November 14, 2008 and the Law on
amendments to some articles of the Law on Health Insurance No. 46/2014/QH13
dated June 13, 2014;
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;
Implement 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
healthcare funds of health insurance and other funds provided for HIV patients;
At the request of
Director of Vietnam Administration of HIV/AIDS Control and Director of
Health Insurance Department of the MOH;
The Minister of Health
promulgates this Circular on regulations on management of the national
concentrated procurement of Antiretroviral drugs using healthcare fund and
co-pay support provided for HIV patients who have health insurance cards.
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This Circular provides
regulations on:
1. Procurement of
Antiretroviral drugs (hereinafter referred to as “ARVs”) at country level using
the healthcare fund of health insurance (hereinafter referred to as “healthcare
fund”)
2. Management of the use
of ARVs purchased at country level using the healthcare fund.
3. Advance and payment
for ARVs using the healthcare fund.
4. Supportive policy,
funding sources and co-pay support for HIV patients who have health insurance
cards.
Article
2. Regulated entities
1. Social Security
Agencies.
2. The health facilities
using ARVs for HIV patients that sign the contracts to provide health-insurance
based healthcare (hereinafter referred to as "health facilities").
3. HIV patients who have
health insurance cards and are treated by using ARVs.
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5. The unit signing the
supply contracts which is established by the General Director of Vietnam Social
Security (herein after referred to as "Signing Unit”).
6. ARVs suppliers.
7. Other related agencies
and organizations.
Article
3. Procurement of ARVs at country level using healthcare fund
1. Criteria for planning
ARVs demand:
a. The number of HIV
patients at a health facility who have health insurance cards and are treated
by using ARVs; there must be a classification of these patients based on the
treatment regimen.
b. The changes to be made
to the list of numbers of HIV patients who have health insurance cards and are
treated by using ARVs in the period in which the plan is made.
c. Estimates of numbers
of drugs in stock until December 31 inclusive of the reporting year.
d. The number of HIV
patients who are receiving funding from other sources to purchase ARVs.
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2. The process of
planning the ARVs demand:
a. Before July 10 every
year, the health facility shall cooperate with the Social Security Agency that
signed the contract to provide health-insurance based healthcare to estimate
and make a plan on the ARVs demand, then send it to the leading agencies that
take charge in preventing and controlling HIV/AIDS in the provinces and
central-affiliated cities (hereinafter referred to as “Provincial HIV/AIDS
Prevention and Control Agency").
b. Before July 20 every
year, the Provincial HIV/AIDS Prevention and Control Agency shall make a plan
on the anticipated demand for ARVs of all health facilities in the province and
submit this plan to the Procurement Unit.
c. After receiving the
written plan from the Provincial HIV/AIDS Prevention and Control Agency, the Procurement
Unit shall:
- Make a consolidated
plan on the nationwide demand for ARVs and complete a plan on selecting the
supplier in accordance with the regulations in Article 4, Circular No.
11/2016/TT-BYT dated May 11, 2016 of the Ministry of Health.
- Take charge and
cooperate with the Vietnam Social Security to develop the contents of the
framework agreement and carry out the process for selecting the drugs supplier
in accordance with the law on bidding.
3. The Procurement Unit
shall negotiate and sign the framework agreement with the supplier selected
based on the selection results. Within 10 working days, from the date on which
the framework agreement is signed, the Procurement Unit shall send the
aforesaid agreement to the following units:
a. Vietnam Social
Security.
b. Signing Unit.
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a. A copy of the supply
contract enclosed with all appendixes to the Ministry of Health (Vietnam
Administration of HIV/AIDS Control)
b. A copy of the supply
contract enclosed with the Appendix of each province to the Social Security
Agencies of provinces and central-affiliated cities, Provincial HIV/AIDS
Prevention and Control Agency and to the health facilities.
5. The health facilities
shall make a quarterly plan on receiving ARVs according to the supply contracts
and the demand for treatment of the year; then send the aforesaid plan to the
selected supplier and the Provincial HIV/AIDS Prevention and Control Agency for
a final plan and send this final plan to the Procurement Unit:
a. Before March 20 for
the plan on using drugs in second quarter.
b. Before June 20 for the
plan on using drugs in third quarter.
c. Before September 20
for the plan on using drugs in fourth quarter.
d. Before December 20 for
the plan on using drugs in first quarter of the following year.
6. The selected supplier
shall supply drugs to the health facility according to the facility's quarterly
plan on receiving ARVs:
a. Before April 01 for
the plan on using drugs in second quarter.
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c. Before October 01 for the
plan on using drugs in fourth quarter.
d. Before January 01 for
the plan on using drugs in the first quarter of the following year.
Article
4. Management of the use of ARVs
1. The health facilities
shall make a monthly enumeration of quantity of the drugs that have been used
within a month; of the quantity of drugs being stored at the facilities and the
expiration dates of these drugs; and shall use this enumeration as the basis
for adjustment when required.
2. If the drugs being
stored at the facilities exceed the demand for treatment or are insufficient to
meet the treatment demand or are going to expire sooner than 6 months:
a. The health facility
shall send a written request for adjustment to the drugs to the Ministry of
Health (Vietnam Administration of HIV/AIDS control);
b. Within 05 working
days, the Ministry of Health (Vietnam Administration of HIV/AIDS Control) shall
send the ARVs distribution document to the selected supplier and the Signing
Unit.
c. Within 10 working
days, the selected supplier shall distribute the ARVs at the request of the
Ministry of Health (Vietnam Administration of HIV/AIDS Control).
3. If the health facility
does not have sufficient drugs due to natural disasters or change of treatment
regimen or other force majeure (hereinafter referred to as "unexpected
events"):
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b. Within 24 hours from
the moment the notification from the health facility is received, the
Provincial HIV/AIDS Prevention and Control Agency shall:
- Start distributing
drugs from another health facility within the province to the health facility
stipulated in point a of this clause.
- Send a written request
to the Ministry of Health (Vietnam Administration of HIV/AIDS Control) in order
to provide more drugs to the health facility that unexpectedly ran out of
drugs.
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 Ministry of Health shall send
the distribution document of ARVs to the selected supplier and the Signing
Unit.
d. If there is any change
made to the treatment regimen, the competent agency that made this change shall
submit this modified treatment regimen to the competent authority for it to
withdraw and dispose drugs that have been stored without use.
4. If the drugs are lost
or damaged or expired due to the irresponsibility of the health facility or the
supplier, the health facility and the selected supplier shall take full
responsibility for these drugs and the health insurance fund is not used to
handle this case.
5. If the information
about the ARVs in stock was already reported to the Ministry of Health for
coordination but there was no health facility agreed to receive these drugs
leading to their expiration, the health facility that has been storing the
drugs shall take full responsibility for them and the health insurance fund is
not used to handle this case.
Article
5. Advance, pay and prepare final accounts for the costs of ARVs
1. Advance, pay and
prepare final accounts for the costs of ARVs for the selected supplier.
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b. At the end of the
year, the ARVs in stock (stored by the suppliers or by the health facilities)
shall be used in the following year and shall be deducted from the quantity of
drugs to be purchased in the following year.
c. The health insurance
fund shall only be used to advance, pay and prepare final accounts of the costs
of the ARVs used for treating HIV patients who have health insurance cards. If
the drugs are lost, damaged or expired due to the irresponsibility of the
supplier, it shall refund the payment to the Signing Unit.
2. The process of
advancing, paying and preparing final accounts of the costs of ARVs:
a. The Vietnam Social Security
shall transfer the fund to the Signing Unit to purchase for the amount of ARVs
stipulated in the framework agreement and to adjust the drugs when necessary.
The Vietnam Social Security shall advance 80% of the fund of each quarter to
the Signing Unit according to the contract.
b. When the health
facility is about to send the report on final accounts of health care costs, it
shall also attach the enumeration of the costs of ARVs provided for HIV
patients with the report and send both of them to the Social Security Agency
where the health care insurance contracts have been signed (hereinafter
referred to as "signing Social Security Agency”). The costs of ARVs paid
by the health insurance fund and the co-pay support (hereinafter referred to as
“support costs") shall be specified in the treatment contracts.
c. The signing Social
Security Agency shall send a written notification of the appraisal results and
the final accounts of the costs of ARVs to the health facility. Also, it shall
notify the health facility of the appraisal time, appraisal results and final
accounts of health care costs.
d. The signing Social
Security Agency shall aggregate the expenditures on ARVs which are paid by the
health insurance fund, and shall prepare final accounts of the health care
costs paid by the health facility. Quarterly, the health facility shall
aggregate the co-pays paid by the HIV patients who have insurance cards and the
health insurance agency shall use this aggregate report as a basis for its
payment.
dd. The Social Security
Agencies in the province shall aggregate the final accounts of expenditures on
ARVs within a quarter or a year (based on the expenditures of each health
facility within the area, the expenditures on ARVs paid by the health insurance
fund and the co-pays paid by the HIV patients who have health insurance cards),
and send this aggregate report to the Provincial HIV/AIDS Prevention and
Control Agency, Signing Unit and Vietnam Administration of HIV/AIDS Control;
the Social Security Agencies shall also aggregate the expenditures on ARVs paid
by the health insurance fund and include these expenditures in the final
accounts of health care costs of the province.
e. The Signing Unit shall
report the implementation process of the contract for purchasing ARVs as guided
by the Vietnam Social Security.
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1. In the provinces where
the Healthcare Funds for the Poor or Support Funds for HIV/AIDS Infected People
are established (hereinafter referred to as “Funds”):
a. The health facilities
shall send to the Department of Health the budget estimate of expenditures on
co-pay support for HIV patients and the notification of the specific time for
making such estimate according to the Law on state budget, in order to make an
annual budget estimate of the Funds.
b. According to the local
budget decentralization, quarterly, the health facility shall aggregate the
co-pay support expenditures based on the amount of money already paid by the
HIV patients who have health insurance cards assessed by the Social Security
Agency and notification specified in point c, clause 2, Article 5 hereof, and
shall send this aggregate report to the Funds within the area and the Social
Security Agencies of province or central-affiliated city within 10 working days
from the date on which the appraisal results from the Social Security Agencies
are received.
Within 10 days from the
date on which the aggregate reports from the health facilities are received,
the Funds shall make the co-payments for ARVs to the Social Security Agencies
of provinces or central-affiliated cities.
2. In the provinces where
there are no Healthcare Funds for the Poor and Support Funds for HIV/AIDS
infected people:
a. The local budget shall cover the co-pays of
ARVs paid by the HIV patients who have health insurance cards and shall include
this cover in the annual enterprise expenditure estimate of the Department of
Health.
b. The health facilities
shall make a budget estimate of co-pay support for HIV patients who have health
insurance cards at the same time making its budget estimates according to the
Law on State Budget, and send this budgeting report to the Department of Health
to make an annual report on budget estimates.
c. After receiving the
appraisal results from the Social Security Agency, within 10 working days, the
health facility shall aggregate the expenditures on co-pay support for HIV
patients and send these aggregate reports to the Department of Health and the
Social Security Agency of province or central-affiliated city.
Within 10 days from the
date on which the aggregate reports from the health facilities are received,
the Department of Health shall return the co-pay to the Social Security Agency
in the province or the central-affiliated city.
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1. Responsibilities of
the Social Security Agencies:
a. Vietnam Social
Security.
- Make a decision on selecting
the Signing Unit to sign the contract with the selected supplier.
- Guide the affiliated
units to aggregate, report and make final accounts of the expenditures on ARVs
which are paid by the healthcare funds of healthcare insurance as prescribed by
laws.
b. The Social Security
Agencies in the provinces or central-affiliated cities shall make final payment
for the expenditures on ARVs according to the Law on Health Insurance.
c. The Social Security
Agencies signing the contracts with the health facilities shall cooperate with
them to provide sufficient ARVs in order to meet the demands on using these
drugs of the health facilities within a year.
2. Responsibilities of
the Vietnam Administration of HIV/AIDS Control:
a. Take charge to guide
the Provincial HIV/AIDS Prevention and Control Agency to make a report on the
ARVs demand and the process of using and distributing these drugs as prescribed
by laws.
b. Manage the process of
adherence to the framework agreement and the supply contract and ensure the
quality of ARVs provision service provided by the selected supplier.
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3. Responsibilities of
the Department of Health:
Estimate the funds used
for supporting HIV patients every year and send the estimate report to the
competent authority for approval according to the Law on state budget.
4. Responsibilities of
the Provincial HIV/AIDS Prevention and Control Agency:
a. Manage the use of ARVs
within the area.
b. Make an aggregate
report on the use of ARVs, the distribution and adjustment processes of the
health facilities within the area of Vietnam Administration of HIV/AIDS
Control.
Article
8. Terms of reference
If the documents which
are referred to in this Circular are amended or supplemented, the replaced or
amended documents shall apply.
Article
9. Entry into force
This Circular shall come
into force from August 15, 2017.
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1. If the procurement of
ARVs at country level using healthcare funds and health care insurance given to
HIV patients has not been completed, the procurement and management of ARVs
shall be carried out according to the current regulations.
2. The regulations on
management of the use of ARVs; on the advances and payments for ARVs made by
using healthcare fund s and health care insurance; on the regimes, funding
sources and co-pay support for HIV patients who have insurance cards shall be
implemented from the date on which the framework agreements stipulated in
clause 4, Article 3 of this Circular takes effect.
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