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NATIONAL
ASSEMBLY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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Ref. No.:
80/2023/QH15
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Hanoi, January 9,
2023
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RESOLUTION
REGARDING
CONTINUATION IN IMPLEMENTATION OF CERTAIN COVID-19 MANAGEMENT POLICIES AND USE
OF MARKETING AUTHORIZATION LICENSES OF MEDICINES OR PHARMACEUTICAL MATERIALS
EXPIRED FROM JANUARY 1, 2023 TO DECEMBER 31, 2024
NATIONAL ASSEMBLY
Pursuant to the Constitution of the Socialist
Republic of Vietnam;
Pursuant to the Law on National Assembly
Organization No. 57/2014/QH13 in which several Articles are amended and
supplemented by the Law No. 65/2020/QH14;
In the light of the Transmittal Letter No.
494/TTr-CP and the Report No. 495/BC-CP dated December 21, 2022 of the
Government; the Review Reports No. 1356/BC-UBXH15 and No. 1357/BC-UBXH15 dated
December 29, 2022 of the Committee on Social Affairs; the Report on answering
of questions, handling of opinions and revision No. 397/BC-UBTVQH15 dated
January 9, 2023 of the National Assembly’s Standing Committee; and opinions of
the National Assembly’s deputies,
herein RESOLVES as follows:
Article 1. Review of
implementation of COVID-19 management policies included in the Resolution No.
30/2021/QH15 dated July 28, 2021 passed in the first meeting session of the 15th
National Assembly
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Resolution No. 30/2021/QH15 has laid a firm legal
foundation during the COVID-19 epidemic outbreak crisis in order for the
National Assembly’s Standing Committee, the Government, the Prime Minister,
ministries, central authorities, and local authorities to actively implement
creative, flexible, rapid and effective decisions involving acts of leading,
directing and organizing the implementation of epidemic prevention and control
measures in a way that applies in a state of emergency; In particular, the
Government adopted the Resolution No. 128/NQ-CP dated October 11, 2021, issuing
provisional regulations pertaining to "safe and flexible adaptation to and
effective control of COVID-19"; proactively and creatively developed,
flexibly applied and changed disease prevention and control strategies in a
timely and due manner in the decisive moment as a way to contributing to the
success in disease control, and promoting the participation of the entire
political system and the strength of the great solidarity of the People.
2. The National Assembly recognizes and highly
appreciates the drastic, timely and effective direction and management efforts
of the Government, the Prime Minister, the National Steering Committee for
COVID-19 prevention and control, ministries, central authorities, Party
committees and local authorities in implementing COVID-19 management measures
specified in the Resolution No. 30/2021/QH15. Owing to solidarity, joint
effort, unanimity, determination to overcome all difficulties, the strong
participation of the entire Party, army, people, frontline forces of response
to the disease, support, grants or aids received from the business and
international community, the disease has been successfully controlled, which
serves as a prerequisite to the success in leading the country to a new normal,
socio-economic stability, recovery and development. This achievement is
attributed to the wise, proactive and drastic governance of the Party and State
leaders, the active participation of the Vietnam Fatherland Front and its
affiliated units and the People.
3. The National Assembly basically approves the
content of the Government's Report No. 495/BC-CP dated December 21, 2022 on review
of the implementation of the regulatory provisions of Resolution No.
30/2021/QH15 on COVID-19 management policies, including achievements, failures,
issues and causes. The policies, measures and solutions constituting the
Resolution No. 30/2021/QH15 have basically been implemented synchronously,
effectively and fully in line with special, privileged and specific measures
contributing to promptly solving and eliminating issues and problems, and
creating resources for the prevention and control of COVID-19.
4. The National Assembly realizes that there exist
issues and problems arising during the process of implementation of the
regulatory provisions of the Resolution No. 30/2021/QH15 on COVID-19 management
policies, especially those involving the following situations: instructional
documents on the implementation of COVID-19 management policies, solutions and
measures according to the Resolution No. 30/2021/QH15 and resolutions of the
National Assembly’s Standing Committee are issued, sometime and somewhere,
slowly, inconsistent, and not closely based on the actual situation; propaganda
and dissemination thereof are sometimes untimely; extension of the marketing
authorization licenses of medicines and pharmaceutical materials is delayed,
which causes the risk of shortages in medicines; requirements concerning
payment and settlement of expenses related to disease prevention and control
and medical costs of COVID-19 patients are not satisfied.
The above issues and problems are due to many
reasons, mainly the complicated, unpredictable and unprecedented developments
of COVID-19 in the world and Vietnam which led to a situation where disease
prevention and control measures were taken in a rush and in a trial-and-error
manner; some places implemented prolonged social distancing measures, harming
social security; the health system, especially grassroots and preventive
medicine, did not meet the requirements concerning competence in performing
disease prevention and control activities; coordination in leadership and
direction amongst a number of ministries, central authorities and local
authorities was still awkward, untimely and ineffective; some administrative
procedures were not fitted in the prevalence of the disease.
Article 2. Extension of
COVID-19 management policies for the period from January 1, 2023 to end of
December 31, 2023
1. If COVID-19 prevention and control expenses of
medical facilities, concentrated quarantine and and/or treatment facilities,
benefits and allowances paid to engaged or assigned anti-COVID-19 personnel
that incurred before December 31, 2022 have not been fully paid yet, the
outstanding amounts thereof shall remain to be paid according to the regulatory
provisions of Article 2, Clause 1 and Clause 2 of Article 3, Clause 1 and Clause
2 of Article 4 and Article 8 in the Resolution No. 12/2021/UBTVQH15 dated
December 30, 2021 of the National Assembly’s Standing Committee, regarding
consent to the implementation of a number of mechanisms and policies in the
health sector for COVID-19 management purposes (hereinafter referred to as
Resolution No. 12/2021/UBTVQH15), and detailed regulations and instructions
for implementation thereof. Expenditures on these payments, benefits and
allowances shall be allowed and accounted for, and recorded in the final
accounts of state budget in the budget year 2023.
2. All repayment or reimbursement of the
outstanding amounts of COVID-19 prevention and control expenses incurred by
medical facilities, and medical costs of COVID-19 patients, shall continue in
compliance with Clause 2 of Article 1 in the Resolution No. 268/NQ-UBTVQH15
dated August 6, 2021 of the National Assembly’s Standing Committee, authorizing
the Government to adopt Resolutions of which content may conflict with the
regulatory provisions of Laws to meet COVID-19 prevention and control
requirements (hereinafter referred to as Resolution No. 268/NQ-UBTVQH15),
Article 2, Clause 1 and Clause 2 of Article 3, Clause 1 and Clause 2 of Article
4 and Article 8 in the Resolution No. 12/2021/UBTVQH15, and detailed
regulations or instructions for implementation thereof.
3. If goods stored at duty-free stores, warehouses
or storage facilities of duty-free enterprises, and goods stored in bonded
warehouses, of which the storage period has been extended as defined in the
Resolution No. 10/2021/UBTVQH15 dated December 8, 2021 of the National
Assembly’s Standing Committee on extension of the period of storage of goods at
duty-free stores, warehouses or storage facilities of duty-free enterprises,
and goods stored in bonded warehouses, meet COVID-19 prevention and control
requirements, the storage thereof may continue from January 1, 2023 to end of
December 31, 2023 at the latest.
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Article 3. Use of marketing
authorization licenses of medicines or pharmaceutical materials expired from
January 1, 2023 to December 31, 2024
1. For a marketing authorization license of
medicine or pharmaceutical material expired from January 1, 2023 to December
31, 2024 that is eligible for renewal as defined in clause 5 of Article 6 in
the Resolution No. 12/2021/UBTVQH15, if renewal by written application is not
obtained by the due date, it shall remain valid for use till end of December
31, 2024, except as:
a) that licensed medicine or pharmaceutical
material is recalled under pharmacy laws;
b) there is a sign
that the licensed medicine is unsafe for use to the extent that a sanction,
such as the temporary suspension of business, usage and custodial sealing
thereof, defined in pharmacy laws, is imposed;
c) the validity period of the marketing
authorization license of that medicine is 03 years in accordance with pharmacy
laws.
2. The Ministry of Health shall publish the list of
medicines and pharmaceutical materials with marketing authorization licenses
that are eligible to obtain renewal as stated in clause 1 of this Article
above.
Article 4. Entry into force
1. This Resolution is entering into force as from
the signing date.
2. Resolutions of the National Assembly’s Standing
Committee providing guidance on implementation of the Resolution No.
30/2021/QH15 as listed in the Appendix to this Resolution shall be invalidated
from January 1, 2023, except for the regulatory provisions laid down in Clause
2 of Article 1 in the Resolution No. 268/NQ-UBTVQH15, Article 2, Clause 1 and
Clause 2 of Article 3, Clause 1 and Clause 2 of Article 4 and Article 8 of the
Resolution No. 12/2021/UBTVQH15 and detailed regulations or instructions for
implementation thereof that will continue to be in force from January 1, 2023
to the end of December 31, 2023.
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1. The Government, the Prime Minister, Ministries,
ministerial-level agencies, governmental bodies, the Supreme People's Court,
the Supreme People's Procuracy, the State Audit, and local authorities shall
urgently amend, supplement and replace written documents under their authority
to implement this Resolution in an effective and timely manner, and annul those
under their competence that have been issued under the Resolution No.
30/2021/QH15, except for detailed regulations or instructions for
implementation thereof that will continue to be implemented under the
regulatory provisions of Clause 2 of Article 4 in this Resolution.
2. The Government shall be mandated to take the
following actions:
a) Review and manage the procurement of commodities
in a higher quantity than the actual demand in order to provide against the
complicated development or unexpected situation of the epidemic; the use of
drugs, supplies, chemicals, biological products, and equipment purchased by the
state budget for COVID-19 examination and treatment purposes that are converted
for use in conventional medical services;
b) Decide to handle issues and problems arising
from payment, repayment and settlement of medical examination and treatment
costs of COVID-19 patients, benefits and allowances for anti- COVID-19 personnel;
from the procurement of drugs, supplies, chemicals and equipment for COVID-19
prevention and control purposes of which costs and expenses incurred under
financial advance, lending, borrowing, mobilization, grant or aid arrangements;
c) Continue to review and improve mechanisms,
policies, available resources and forecast capabilities; promote biomedical
researches, develop the domestic pharmaceutical, vaccine, biological product
and medical equipment industries to have the initiative in carrying out disease
prevention and control activities, responding to new strains of SARS-CoV-2
virus and emerging dangerous infectious diseases with the aim of enhancing the
efficiency of public health care and protection activities.
3. As for COVID-19 prevention and control tasks
which have been carried out in accordance with regulations, policies, and forms
of written documents promulgated under the Resolution No. 30/2021/QH15, when
performing inspection, examination, supervision, audit, payment, settlement,
and other law enforcement activities, regulations and specific regulatory
provisions laid down in the Resolution No. 30/2021/QH15 should be consulted.
4. The National Assembly’s Standing Committee, the
Committee for Ethnic Affairs and other Committees of the National Assembly,
Delegations to the National Assembly and deputies of the National Assembly
shall, within their remit and jurisdiction, oversee the implementation of this
Resolution.
5. The Vietnam Fatherland Front and its affiliates
shall supervise the implementation of this Resolution and encourage people from
all social classes to get involved in implementing this Resolution.
This Resolution is passed in the second
extraordinary meeting of the 15th National Assembly of Socialist
Republic of Vietnam on January 9, 2023.
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CHAIRMAN
Vuong Dinh Hue
APPENDIX
LIST OF EXPIRED RESOLUTIONS OF THE NATIONAL ASSEMBLY’S
STANDING COMMITTEE
(to the Resolution No. 80/2023/QH15 dated January 9, 2023)
1. List of fully expired Resolutions of the
National Assembly’s Standing Committee
No.
Type of document/Issuing body
Reference
number/Symbol and Issuance Date
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1.
Resolution of the National Assembly’s Standing
Committee
Ref #.
285/NQ-UBTVQH15 dated Aug. 27, 2021
Regarding establishment of a Working Group of the
National Assembly’s Standing Committee for implementation of the Resolution
No. 30/2021/QH15 of the National Assembly pertaining to COVID-19 prevention
and control activities
2.
Resolution of the National Assembly’s Standing
Committee
Ref #.
296/NQ-UBTVQH15 dated Sep. 7, 2021
Regarding budget transfers for purchase of rice
compensating for the amount of rice taking out from the national reserve for
aid, relief and support granted to COVID-19-stricken people
3.
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Ref #.
393/NQ-UBTVQH15 dated Sep. 30, 2021
Regarding transfers to the central budget reserve
from sources of reduced or unused expenditures of the 2021 central budget that
are used to spend on COVID-19 prevention and control activities
4.
Resolution of the National Assembly’s Standing
Committee
Ref #.
406/NQ-UBTVQH15 dated Oct. 19, 2021
Regarding introduction of several measures to
grant support to businesses and people affected by the COVID-19 pandemic
5.
Resolution of the National Assembly’s Standing
Committee
Ref #.
10/2021/UBTVQH15 dated Dec. 8, 2021
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6.
Resolution of the National Assembly’s Standing
Committee
Ref #.
17/2022/UBTVQH15 dated Mar. 23, 2022
Regarding the number of overtime hours per year
or month of employees in the context of COVID-19 prevention and control,
socio-economic recovery and development
7.
Resolution of the National Assembly’s Standing
Committee
Ref #.
24/2022/UBTVQH15 dated Aug. 11, 2022
Ongoing payment of support for employees under
the Resolution No. 03/2021/ UBTVQH15 dated Sep. 24, 2021 of the National
Assembly’s Standing Committee
8.
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Ref #. 03/2021/UBTVQH15
dated Sep. 24, 2021
Adopting support policies for employees and
employers afflicted by COVID-19 by using the Unemployment Insurance
Fund
2. List of partially expired Resolutions of the
National Assembly’s Standing Committee
No.
Type of document/Issuing
body
Reference
number/Symbol and Issuance Date
Citation
Invalidated
contents
1.
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Ref #.
268/NQ-UBTVQH15 dated Aug. 6, 2021
Regarding consent granted to the Government to
adopt Resolutions of which certain contents conflict with regulations of laws
with the aim of meeting COVID-19 prevention and control requirements
All but clause 2 of Article 1
2.
Resolution of the National Assembly’s Standing
Committee
Ref #. 12/2021/UBTVQH15
dated Dec. 30, 2021
Regarding grant of permission to enforce a number
of healthcare regulatory mechanisms and policies for COVID-19 management
activities
All but Article 2, Clause 1 and Clause 2 of
Article 3, Clause 1 and Clause 2 of Article 4, and Article 8