THE
MINISTRY OF HEALTH - THE MINISTRY OF FINANCE - THE MINISTRY OF INDUSTRY AND
TRADE
-------
|
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
---------------
|
No.
50/2011/TTLT- BYT-BTC-BCT
|
Hanoi,
December 30, 2011
|
JOINT CIRCULAR
GUIDING THE STATE MANAGEMENT OF PRICES OF MEDICINES FOR
HUMAN USE
Pursuant to Pharmacy Law of
the National Assembly No. 34/2005/QH11 dated June 14, 2005;
Pursuant to the National Assembly
Standing Committee’s Price Ordinance of the National Assembly Standing
Committee No. 40/2002/PL- UBTVQH10 of April 26, 2002;
Pursuant to Decree No.
79/2006/ND-CP dated August 9, 2006, of the Government detailing a number of
articles of the Pharmacy Law;
Pursuant to the Decree No.
170/2003/ND-CP of December 25, 2003, of the Government detailing a number of
articles of the Price Ordinance;
Pursuant to the Government’s
Decree No. 75/2008/ND-CP dated June 9, 2008 amending and supplementing a number
of articles of the Government’s Decree No. 170/2003/ND-CP dated December 25,
2003, detailing a number of articles of the Price Ordinance;
Pursuant to the Decree No.
84/2011/ND-CP dated September 20, 2011 of the Government on sanctioning of
price-related administrative violations;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The Ministry of Health, the
Ministry of Finance and the Ministry of Industry and Trade jointly guide the
state management of prices of medicines for human use as follows:
Chapter I
GENERAL PROVISIONS
Article 1.
Scope of regulation
This Circular guides the state
management of medicine prices, covering the declaration and re-declaration of
medicine prices; listing of medicine prices; management of medicine prices paid
by the State budget or health insurance and hospital fee revenues; the
competence and responsibilities of agencies and facilities in the implementation
of regulations on management of medicine prices; and the inspection and
examination of the compliance of state regulations on management of medicine
prices in Vietnam.
Article 2.
Subjects of application
This Circular applies to
Vietnamese and foreign organizations and individuals that are licensed for
medicine manufacture, import, import entrustment, registration or registration
authorization, placement of processing orders, wholesale and/or retail (below
referred collectively to as medicine trading facilities); medical examination
and treatment facilities in Vietnam; and agencies, organizations and persons
involved in the state management of medicine prices.
Article 3.
Principles of state management of medicine prices
1. The State manages medicine
prices on the principle that medicine trading facilities set the prices by
themselves, compete in prices and submit to the inspection and control by
agencies performing the state management of medicine prices under the Pharmacy
Law, the Government's Decree No. 79/2006/ND-CP of August 9, 2006, detailing a
number of articles of the Pharmacy Law, this Circular and other relevant legal
documents.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Medicine trading facilities
shall fully comply with guidelines on declaration, re-declaration and listing
of medicine prices and bear responsibility before law for declared, redeclared,
posted prices and sale prices of medicines under the Pharmacy Law, the
Government’s Decree No. 79/2006/ND-CP of August 9, 2006, detailing a number of
articles of the Pharmacy Law, this Circular and other relevant legal documents.
4. The medicine price state
management agencies (the Drug Administration of Vietnam under the Ministry of
Health and provincial- level Health Departments) shall consider the
reasonability of medicine prices but shall not approve medicine prices declared
and redeclared by traders.
5. The management of medicine
prices is organized under the mechanism of decentralization between central and
local medicine price state management agencies according to geographical areas
and sectors.
Article 4.
Interpretation of terms
1. Types of medicine prices:
a/ Import price means the price
inclusive of the medicine value calculated according to the sale price of the
country of exportation, insurance cost, freight for transportation from the
country of exportation to a Vietnamese port (CIF price), but exclusive of
import duty (if any);
b/ Estimated CIF price means the
CIF price declared by a medicine manufacturer or an establishment authorized to
register medicines with a state management agency upon submission of a medicine
registration dossier or re-declared upon the required increase of the CIF price
over the declared or previously redeclared price;
c/ Actual CIF price means the
CIF price written in the import goods declaration at the customs office;
d/ Cost of home-made medicine
means the total cost which is the direct expense for raw materials and fuel
plus (+) direct labor cost plus (+) general production cost plus (+) financial
expense (loan interest, if any) plus (+) management expense minus (-) expense
already allocated to by-products (if any );
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
f/ Estimated wholesale price
means the wholesale price declared or re-declared by a domestic manufacturer,
importer, import entruster or medicine processee to medicine price state
management agencies;
g/ Estimated retail price means
the retail price estimated to be applied to medicine users, which is declared or
re-declared by a domestic manufacturer or importer to state management
agencies;
h/ Retail price means the price
of medicine applied directly to medicine users at retailing facilities.
2. Medicine price declaration
means the report to state management agencies by a medicine trader on the
import price, cost, estimated wholesale price and estimated retail price under
the guidance in this Circular and relevant laws on price.
3. Medicine price re-declaration
means the report to state management agencies by a medicine trader on the
import price, cost, estimated wholesale price and estimated retail price upon
the required increase of a medicine price over the declared or previously
re-declared price under the guidance in this Circular and other relevant laws on
price.
4. Medicine price listing means
the public display of medicine prices by medicine trading facilities by
printing, sticking or writing prices on medicine-containing packages or
external packages or publicly displaying on boards, papers or other means
placed, hung or stuck at drugstores and supply places as guided in Chapter III
of this Circular.
Article 5.
Currency used in medicine price declaration, re-declaration and listing
The CIF price must be declared
or redeclared in Vietnamese currency together with information on the exchange
rate between the used foreign currency and the Vietnamese currency at the time
of price declaration.
The applicable exchange rate is
the actual exchange rate used by medicine trading facilities for payments to
the bank (with which production and business organizations and individuals have
transactions) when they borrow or buy foreign currency (ies) for goods
purchase. In case a medicine trader has not yet made any payment to the bank,
it is the selling exchange rate of the commercial bank at which such trader has
borrowed or bought the foreign currency (ies) at the time of price calculation.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Chapter II
GUIDANCE ON DECLARATION,
REDECLARATION OF MEDICINE PRICES
Article 6.
Medicine price declaration dossiers, order and procedures
1. The medicine price
declaration order and procedures applicable to medicines registered for import
and medicines imported into Vietnam:
a/ Upon submission of dossiers
for new registration of foreign medicines, foreign medicine manufacturers (or
medicine registration facilities when authorized) shall declare the estimated
CIF price to a Vietnamese port;
b/ Upon submission of
re-declaration dossiers, if the CIF price increases over the declared or
re-declared estimated CIF price which remains valid, foreign medicine
manufacturers (or medicine registration facilities when authorized) shall re-
declare the estimated CIF price under Article 7 of this Circular;
c/ For medicines with
registration numbers (or with import licenses, for medicines without
registration numbers), medicine importers shall declare the following types of
prices before putting the first lot of medicines into circulation in the
Vietnamese market:
- The practical CIF price at the
Vietnamese port;
- The estimated wholesale price;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
For subsequently imported lots,
importers are not required to declare if their medicine prices do not increase.
d/ For medicines imported under
entrustment, the import entrusters shall make declaration under Point c, Clause
1, Article 6, Chapter II of this Circular.
2. Medicine price declaration
order and procedures applicable to home-made medicines:
a/ For medicines with
registration numbers, domestic medicine manufacturers (or medicine registration
facilities when authorized) shall declare the following prices when putting for
the first time the medicines into circulation in the market:
- Cost;
- Estimated wholesale price;
- Estimated retail price (if the
facilities have registered for retail business).
For subsequent manufacture lots,
domestic manufacturers or facilities authorized to register the medicines are
not required to declare the prices if the prices do not increase.
b/ For medicines processed under
orders, processees shall declare their prices under Point
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Medicine price declaration
dossiers:
A medicine price declaration
dossier shall be made in 2 sets: One set shall be sent to the Drug
Administration of Vietnam under the Ministry of Health while the other shall be
kept at the declaring establishment. Such a dossier comprises the following:
a/ For declaration of medicine
prices upon submission of the dossier for new registration of imported
medicines:
- Medicine price declaration:
made under the Form No. 1-GT.
b/ For declaration of prices of
imported medicines prior to marketing:
- Medicine price declaration:
made under the Form No. 2-GT.
c/ For declaration of medicines
manufactured in Vietnam prior to first-time marketing:
- Medicine price declaration:
made under the Form No. 3-GT
Article 7.
Dossier, order and procedures of medicine price re-declaration
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a/ Increasing the CIF prices of
imported medicines (when the CIF prices calculated according to a foreign
currency change);
b/ Increasing the wholesale or
retail (if any) prices of imported medicines;
c/ Increasing the wholesale or
retail (if any) prices of medicines manufactured in Vietnam.
2. Medicine price re-declaration
dossier:
A medicine price re-declaration
dossier shall be made in 2 sets, one filed with the Drug Administration of
Vietnam under the Ministry of Health or the concerned provincial-level
Department of Health while the other archived at the re-declaring
establishment. A medicine price re-declaration dossier comprises the following
documents:
a/ For re-declaration of prices
of medicines imported into Vietnam:
- Official letter on medicine
price re-declaration, made under the Form No. 4-GT;
- Re-declaration of medicine
prices: made under the Form No. 5-GT.
b/ For re-declaration of
wholesale or retail (if any) prices of medicines imported into Vietnam:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Re-declaration of medicine
prices: made under the Form No. 6-GT.
c/ For re-declaration of
wholesale or retail (if any) prices of medicines manufactured in Vietnam:
- Official letter on medicine
price re-declaration: made under the Form No. 4-GT;
- Re-declaration of medicine
prices: made under the Form No. 7-GT.
Article 8.
Competence and responsibilities of medicine price state management agencies and
business facilities in implementing the provisions on declaration and
re-declaration of medicine prices
1. Competence to receive
medicine price declaration or re-declaration dossiers:
a/ The Drug Administration of
Vietnam under the Ministry of Health shall receive:
- Dossiers of declaration of
prices of medicines registered and imported into Vietnam;
- Dossiers of re-declaration of
prices of imported medicines;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b/ Provincial-level Departments of
Health shall receive dossiers of re-declaration of medicines manufactured by
the production facilities located in their respective localities;
cl The medicine price state
management agencies (the Drug Administration of Vietnam under the Ministry of
Health and provincial- level Departments of Health) shall hand over the written
receipts of medicine price declaration dossiers on the same working day to
business facilities submitting the medicine price declaration or re-declaration
dossiers. Written receipts of medicine price declaration or re-declaration
dossiers comply with Form No. 8-GT and Form No. 9-GT.
2. Responsibilities of state
management agencies of medicine price:
The state management agencies of
medicine price do not approve the medicine prices declared by facilities
themselves but oversee the declaration and re-declaration of medicine prices as
follows:
a/ For medicine price
declaration:
In the duration from the time of
medicine price declaration to the time of expiry of the registration number or
the license for import of non-registered medicines, if detecting that the
declared medicine price is unreasonable, the Drug Administration of Vietnam
under the
Ministry of Health shall give
its opinions in writing, clearly stating the reason therefore and proposing the
establishment to reconsider the declared medicine price.
b/ For medicine price
re-declaration:
Within 17 working days after the
receipt of a complete medicine price re-declaration dossier as guided, if
detecting that the re-declared medicine price is unreasonable, the Drug
Administration of Vietnam under the Ministry of Health or the provincial-level
Department of Health shall give written opinions on the redeclared medicine
price and clearly state the reason therefore.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Import expense, total cost,
expense for medicine circulation, which are determined under current laws;
- The prevailing medicine prices
in the domestic, regional and world markets;
- Fluctuation of such input
elements as raw materials, fuel, exchange rate and some other expenses.
3. If medicine price state
management agencies or competent persons detect that medicine trading
facilities violate the provisions on medicine price management, they shall:
Handle and transfer to agencies
with competence to handle violations as defined in Article 17 of the
Government’s Decree No. 93/ 2011/ND-CP of October 18, 2011, on sanctioning of
administrative violations related to medicines, cosmetics and medical equipment
and other relevant legal documents on violations in medicine price management.
Pending the handling of
violations by competent agencies, the medicine price state management agencies
shall, depending on the nature and severity of violations (repeated violations
or involving many commodities or multiple violations of regulations on medicine
price management), apply the following measures:
a/ To suspend the receipt and
consideration of dossiers of medicine registration, dossiers of operation
registration of foreign enterprises related to medicines and medicine materials
in Vietnam, dossiers of medicine information and advertisement from medicine
manufacturers or facilities authorized to register medicines in the following
cases:
- Failing to declare, re-declare
or fully declare medicine prices according to regulations;
- Failing to consider
readjustment of the declared price after receiving written opinions of the
medicine price state management agency;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Failing to notify customers of
the declared or re-declared medicine prices which are valid.
b/ To suspend the receipt and
consideration of dossiers of import of unregistered medicines from importers or
import entrusters in the following cases:
- Failing to declare, re-declare
or fully declare medicine prices according to regulations;
- Failing to consider
readjustment of the declared prices after receiving written opinions of
medicine price state management agencies;
- Selling medicines at prices
higher than the declared or re-declared prices which remain valid;
- Failing to notify customers of
the declared or re-declared medicine prices which are valid.
c/ If facilities sell medicines
at prices higher than the currently valid declared or redeclared prices
without making re-declaration as required, medicine price state management
agencies shall apply the handling measures defined at Points a and b, Clause 3,
Article 8 of this Circular, and at the same time request such facilities to
properly adjust the sale prices to be not higher than the valid declared or redeclared
prices before the price increase.
4. The Ministry of Health may set
up inter-sector working teams to examine medicine price declarations or
re-declarations by facilities, and propose how to handle cases of unreasonable
declaration or redeclaration of medicine prices. An inter-sector working team
shall be composed of representatives of the Ministry of Health (the Drug
Administration of Vietnam as the main responsible agency, the Planning and
Finance Department), of the Ministry of Finance (the Price Administration of
Vietnam, the Enterprise Finance Department) and of the Ministry of Industry and
Trade (the Domestic Market Department).
5. Provincial-level Departments
of Health shall set up inter-sector working teams to examine medicine price
re-declaration by domestic manufacturers located in their respective
localities, promptly propose how to handle cases of unreasonable
re-declaration. Such a local inter-sector working team shall be composed of
representatives of the concerned provincial-level Department of Health as the
main responsible body, provincial-level Department of Finance and
provincial-level Department of Industry and Trade.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a/ Medicine trading facilities
have the right to set by themselves the prices of their traded medicines, and
the responsibility to fully comply with the provisions on declaration,
re-declaration and listing of medicine prices and other provisions of this
Circular on medicine price management and relevant legal documents; and take
responsibility before law for the declared, redeclared and posted prices as
well as data, reports and information on prices they have provided;
b/ If medicine price state
management agencies give written opinions on medicine prices declared or
re-declared by medicine trading facilities, within 30 days after receiving such
opinions, medicine trading facilities may request explanations from the state
management agencies for these opinions; past this time limit, if the facilities
have no opinions, their declaration or re-declaration dossiers will be no longer
valid and they shall comply with the state management agencies’ opinions on
their declared or re-declared medicine prices;
c/ In the course of medicine
trading:
- Medicine importers, domestic
medicine manufacturers, import entrusters and processees shall provide their
customers with information on the currently valid estimated wholesale prices
and retail prices (if any) they have declared or re-declared by themselves in
written notices or sale invoices.
- Medicine wholesalers shall
base themselves on the estimated wholesale prices notified by medicine
suppliers and the information on the website of the Drug Administration of
Vietnam under the Ministry of Health to set by themselves the medicine sale
prices to be not higher than the currently valid estimated wholesale prices
already declared or re-declared by medicine importers, domestic medicine
manufacturers, import entrusters or processees;
- Facilities that sell medicines
at prices lower than the declared or re-declared prices shall comply with the
law on dumping.
7. Periodical report on medicine
price redeclaration:
Before the 10th of every month,
provincial- level Departments of Health shall report to the Ministry of Health
(the Drug Administration of Vietnam - the Ministry of Health) in writing and by
email (to the address: quanlygiathuoc@dav.gov.vn) on the medicine price
re-declarations by domestic manufacturers based in their respective localities
(Form No. 10-GT).
Chapter
III
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 9.
Price listing at medicine wholesale facilities
Medicine wholesale facilities
shall post wholesale prices of every kind of medicine by way of public notice
on boards, papers or other means placed, hung or stuck at their transaction or
sale places for customers’ easy observation and may not sell medicines at
prices higher than the posted prices. The posted wholesale prices of medicine
wholesalers must not be higher than the estimated wholesale prices declared or
re-declared by medicine manufacturers or importers to medicine price state
management agencies.
Article 10.
Price listing at medicine retailing facilities
Medicine retailing facilities
shall post retail prices of every kind of medicine by way of printing, writing
or sticking retail prices on medicine-containing packages or external packages,
ensuring that the contents of the original labels are not covered, and are
prohibited from selling medicines at prices higher than the posted prices.
Article 11.
Listing of medicine prices at retailing facilities in medical examination and
treatment facilities
1. Medicine retailing facilities
in medical examination and treatment facilities shall post up medicine retail
prices as guided in Article 10 of this Circular.
2. The medicine retail prices
posted by medicine retailing facilities in medical examination and treatment
facilities must comply with the Ministry of Health’s regulations on the maximum
retail surplus.
3. Directors of medical
examination and treatment facilities shall bear responsibility for the
implementation of regulations on management of medicine prices set by retailing
facilities in their own facilities.
Chapter IV
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 12.
Management of prices of medicines ordered by the State and paid from the state
budget source
1. The Ministry of Finance shall
set payment prices for medicines paid from the central budget source after
getting written appraisal of the Ministry of Health; provincial-level
Departments of Finance shall set payment prices for medicines paid from local
budget sources after getting written appraisal of provincial-level Departments
of Health.
2. Based on the principles of
state management of medicine prices provided in Article 3 of this Circular and
the Regulation on valuation of property, commodities and services, promulgated
together with the Ministry of Finance’s Circular No. 154/2010/TT-BTC of October
1, 2010, facilities receiving goods orders or plans from the State shall
formulate price plans and submit them to competent state agencies defined in
Clause 1 of this Article for appraisal and promulgation according to their
competence.
Article 13.
Management of medicine prices paid by the state budget, health insurance and
hospital fee revenues
1. Medicines on the list of
essential drugs used in public medical examination and treatment facilities and
non-public medical facilities with medical examination and treatment contracts
with social security agencies, and medicines paid by the state budget and
hospital fee revenues must be tendered under the bidding law and other
regulations related to bidding for medicine purchase at medical facilities.
2. The bid-winning medicine
price must not be higher than the current maximum prices announced by the Ministry
of Health at the latest time. If the maximum prices are not yet announced, when
formulating medicine purchase bidding plans, bidders shall comply with the
joint guidance of the Ministry of Health and the Ministry of Finance on bidding
for medicine purchase at medical facilities.
3. Within 30 working days after
the bidding results are announced, hospitals and institutes with hospital beds
belonging to the Ministry of Health, provincial-level hospitals (or provincial-
level Departments of Health in case centralized bidding is organized) and
non-public units signing medical examination and treatment contracts with
health insurance shall send reports on winning medicine price bids to the Drug
Administration of Vietnam under the Ministry of Health for updating and listing
on its website. Reports shall be made in written form and sent by email to the
address: quanlygiathuoc@dav.gov.vn (Form No. 11- GT).
Chapter V
INSPECTION, EXAMINATION
AND HANDLING OF VIOLATIONS
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. The Ministry of Health, the
Ministry of Finance and the Ministry of Industry and Trade shall, within the
scope of their respective tasks and powers, organize inspection and examination
or coordinate in inspection, examination and handling of violations of state
regulations on management of medicine prices at medicine trading facilities and
medical examination and treatment facilities nationwide in accordance with law.
2. Ministries and sectors having
medicine trading facilities and medical examination and treatment facilities
shall periodically or unexpectedly inspect, examine and handle violations
according to their respective tasks and powers.
3. The People's Committees at
different levels shall, within the scope of their tasks and powers, direct
local functional bodies to organize inspection and examination or coordinate in
inspection, examination and handling of violations of state regulations on
management of medicine prices by medicine trading facilities and medical
examination and treatment facilities in their localities in accordance with
law.
Article 15.
Handling of violations
Organizations and individuals
that violate this Circular’s provisions on medicine price management of this
Circular and relevant legal documents shall, depending on the nature and
severity of their violations, be administratively sanctioned or examined for
penal liability, and if causing damage to customers, the State or other
enterprises, shall pay compensations therefore under law.
Chapter VI
ASSIGNMENT OF
RESPONSIBILITY FOR AND COORDINATION OF STATE MANAGEMENT OF MEDICINE PRICES
Article 16.
Responsibilities of the Ministry of Health
1. The Ministry of Health shall assume
the prime responsibility for, and coordinate with the Ministry of Finance, the
Ministry of Industry and Trade and related ministries and sectors in:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b/ Annually or in case of
abnormal fluctuation of medicine prices, announcing the maximum medicine prices
covered by the state budget and health insurance.
2. The Ministry of Health, the
Ministry of Finance and the Ministry of Industry and Trade shall direct,
according to their respective jurisdiction, medical, financial and market
management agencies at different levels to regularly coordinate in inspecting
and examining the observance of legal provisions on medicine circulation,
export and import and medicine price management.
3. The Ministry of Health
assigns the Drug Administration of Vietnam to:
a/ Assume the prime
responsibility for, and coordinate with overseas Vietnamese trade
representations in, surveying medicine prices in countries in the region and
the world to serve the state management of medicine prices at home;
b/ Update and publicize medicine
prices declared or re-declared by facilities on the website of the Ministry of
Health (the Drug Administration of Vietnam), specialized magazines and other
appropriate mass media;
c Update and publicize the
bid-winning medicine price of medical examination and treatment facilities
within the last 12 months on the website of the Ministry of Health (the Drug
Administration of Vietnam).
Article 17.
Responsibility of the Ministry of Finance
The Ministry of Finance assigns
the following units:
1. The General Department of
Customs to supply actual CIF prices of medicines imported and circulated in the
Vietnamese market (on the 25th of every month at the latest), send to the Drug
Administration of Vietnam under the Ministry of Health information on the
medicine import of the preceding month according to Joint Circular
No.98/2010/TTLT-BTC- BNNPTNT-BYT of July 8,2010 of the Ministry of Finance, the
Ministry of Agriculture and Rural Development and the Ministry of Health,
guiding the supply and exchange of information relating to taxpayers, state
management of customs, agriculture and health. The forms of supply are written
form and email to the address: quanlygiathuoc@dav.gov.vn.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. The General Department of
Taxation to direct local tax offices to inspect the implementation of invoice
and voucher regimes by medicine trading facilities in their respective
localities.
Article 18.
Responsibilities of the Ministry of Industry and Trade
1. To coordinate with sectors
and localities in combating speculation and market manipulation to increase
medicine prices for illicit profits, and in inspecting and supervising
competition activities, combating monopoly and other acts in violation of the
laws on competition and prices and other offenses.
2. To direct overseas Vietnamese
trade representative offices to coordinate with the Drug Administration of
Vietnam - the Ministry of Health in surveying medicine prices in countries in the
region and the world, and support the Drug Administration of Vietnam and the
General Department of Customs in coordinated supply of information on prices of
medicines imported from countries in the region and the world to serve the
state management of medicine prices.
Chapter
VII
IMPLEMENTATION
PROVISIONS
Article 19.
Effect
This Circular takes effect on
June 1, 2012, and supersedes the Joint Circular No. 11/2007/TTLT- BYT-BTC-BCT
dated August 31, 2007, of the Ministry of Health, the Ministry of Finance and
the Ministry of Industry and Trade, guiding the management of prices of
medicines for human use.
The medicine price declaration
or re-declaration dossiers made before this Circular takes effect (under the
guidance in Joint Circular No. 11/ 2007/TTLT-BYT-BTC-BCT of August 31, 2007,
guiding the management of prices of medicines for human use) remain valid.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Medicine trading facilities
and medical examination and treatment facilities shall immediately apply necessary
measures to strictly implement the guidance in this Circular.
2. Professional associations and
societies and their chapters shall, within the scope of their respective
responsibility, disseminate, and supervise the implementation of, regulations
on medicine price management to their members and promptly report on medicine
price fluctuations, suggest and propose measures to stabilize medicine prices
to medicine price state management agencies.
3. Any problems arising in the
course of implementation should be promptly reported to the Ministry of Health
for joint study and settlement by the Ministry of Health, the Ministry of
Finance and the Ministry of Industry and Trade.-
FOR
THE MINISTER OF HEALTH
DEPUTY MINISTER
Cao Minh Quang
FOR
THE MINISTER OF FINANCE
DEPUTY MINISTER
Tran Van Hieu
FOR
THE MINISTER OF INDUSTRY AND TRADE
DEPUTY MINISTER
Nguyen Cam Tu