THE PRIME
MINISTER
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
173/2008/QĐ-TTg
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Hanoi,
December 25th 2008
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DECISION
PROMULGATING THE REGULATION
ON THE IMPLEMENTATION OF NECESSARY MEASURES FOR SATISFYING THE DEMAND FOR HIV
VACCINE IN AN EMERGENCY
THE PRIME MINISTER
Pursuant to the Law on Government
organization dated December 25th 2001;
Pursuant to the Law on Prevention and Control
of HIV/AIDS dated June 29th 2006;
Pursuant to the Law on Pharmacy dated June 14th
2005;
Pursuant to the Law on Intellectual property
dated November 29th 2005;
Pursuant to the Government's Decree No.
108/2007/NĐ-CP dated June 26th 2007, guiding the implementation a
number of articles of the Law on Prevention of HIV/AIDS;
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DECIDES:
Article 1. Promulgating together with
this Decision the “Regulation on the implementation of necessary measures for
satisfying the demand for HIV vaccine in an emergency".
Article 2. This Decision takes effect
after 15 days as from the date of its publication on the Official Gazette.
Article 3. The Minister of Health is
responsible for guiding and implementing this Decision.
The Ministers, Heads of ministerial-level
agencies, Heads of Governmental agencies, the Presidents of People’s Committees
of central-affiliated cities and provinces are responsible for the
implementation of this Decision./.
FOR THE
PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Thien Nhan
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ON THE
IMPLEMENTATION OF NECESSARY MEASURES FOR SATISFYING THE DEMAND FOR HIV VACCINE
IN AN EMERGENCY
(Promulgated together with the Prime Minister’s Decision No. 173/2008/QĐ-TTg
dated December 25th 2008)
Chapter I
GENERAL REGULATIONS
Article 1. Scope of regulation
This Regulation guides the implementation of
necessary measures for satisfying the demand for HIV vaccine in an emergency.
Article 2. Subjects of application
1. The organizations and individuals relevant to
the implementation of necessary measures for satisfying the demand for HIV
vaccine in an emergency.
2. The facilities that provide examination and
treatment for HIV sufferers; the HIV prevention centers of central-affiliated
cities and provinces; and other organizations relevant to the provision of
medical care and treatment for HIV/AIDS sufferers.
Article 3. Clinical trial exemption
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1. The HIV vaccine produced in Vietnam according
to the Decision on the patent transfer of the Ministry of Health;
2. The imported HIV vaccine without a registration
number that satisfies the following conditions:
a) Being legally circulated in the home country;
b) Having the indication and usage in Vietnam
similar to that in the home country.
Article 4. Labels of HIV vaccine
The labels of HIV vaccine produced, imported,
and registered in an emergency must comply with the laws on medicine labels,
and bear the text “Not for sale”
Article 5. The provision and distribution of
HIV vaccine
The HIV vaccine produced and imported in an
emergency shall be complimentarily provided for and distributed to the
facilities that provide medical care and treatment for HIV sufferers prescribed
in Clause 2 Article 2 of this Regulation.
Chapter II
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Article 6. Declaration and termination of the
HIV vaccine emergency
1. When HIV spreads over one or multiple cities
or provinces, poses the risk of spreading on a massive scale, and seriously
threatens the people’s health and social security, but there is not enough HIV
vaccine to treat the sufferers, the Prime Minister shall declare the HIV
vaccine emergency, and direct the implementation of necessary measures based on
the request of the Minister of Health.
2. When the HIV vaccine satisfies the demand for
treating HIV sufferers, the Prime Minister shall terminate the emergency.
3. The decision on declaring the emergency or
terminating the emergency of the Prime Minister must be announced in the mass
media
Article 7. The necessary measures to be taken
in an emergency
1. The measures to be taken in an HIV
emergency emergencies include:
a) Ordering the production;
b) Importing;
c) Quick issuance of Licenses for circulation;
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2. Based on the seriousness of the emergency
being declared, the Ministry of Health shall request the Prime Minister to
decide the implementation of one or some necessary measures prescribed in
Clause 1 this Article.
Chapter III
IMPLEMENTING THE NECESSARY MEASURES IN AN EMERGENCY
Article 8. Ordering the production, and
importing HIV vaccine in an emergency
1. The Ministry of Health shall determine the
quantity and category of HIV vaccine to be ordered and imported in an
emergency.
2. The Ministry of Health shall lead and
cooperate with the Ministry of Finance in determining the prices of HIV vaccine
produced or imported, and the total budget for satisfying the demand for HIV
vaccine in an emergency, and request the Prime Minister to make decision.
Section 1. PRODUCING HIV VACCINE IN VIETNAM
IN AN EMERGENCY
Article 9. Producing HIV vaccine in Vietnam
1. Based on the Decision of the Prime Minister,
the Ministry of Health shall appoint the Vietnamese medicine producers that
satisfy the conditions and standards prescribed in Article 10 of this
Regulation to produce HIV vaccine of good quality, of which the quantity,
category, and prices are appropriate and may satisfy the demand in an
emergency.
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3. The premises being compelled to transfer the
patent must cooeprate with the Ministry of Health and the premises appointed to
produce vaccine in an emergency by the Ministry of Health.
Article 10. The conditions and standards
applicable to HIV vaccine producers
The premises appointed to produce HIV vaccine in
an emergency must satisfy the following requirements:
1. Having the Certificate of fulfillment of
conditions for trading medicines as prescribed by current law;
2. Meet the standards of Good medicine
manufacturing practice of the World Health Organization (GMP-WHO);
3. The production line is suitable for the form
of preparation and vaccine according to the order of the Ministry of Health. The
premises that meet the requirements and standards of the system of
pre-appraisal certification of WHO, the US Food and Drug Administration
(US-FDA), and the European Medicines Agency (EMEA) are prioritized;
4. Having at least 3 years of experience in producing
HIV vaccine for domestic use and for export;
5. Having sufficient financial resources and
able to find the sources of ingredients serving the vaccine production ordered
by the Ministry of Health.
Section 2. IMPORTING HIV VACCINE IN AN
EMERGENCY
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1. The Ministry of Health shall appoint the
premises to import HIV medicine, including the vaccine under the intellectual
property protection that bear the same proprietary name with the vaccine that
has been issued with the circulation registration number in Vietnam; the
vaccine without circulation registration number, of which the quality,
quantity, and prices may satisfy the demand for HIV vaccine in an emergency.
2. The premises appointed to import HIV vaccine
must satisfy the following requirements:
a) Meeting the standards of Good Safety Practice
(GSP) and Good distributint practice (GDP);
b) Being appointed by the Ministry of Health to
store, circulate, and supply vaccine serving the prevention and resolution of infections
and natural disasters.
Article 12. Issuing the License to import
finished vaccine, and ingredients for producing HIV vaccine
1. The time limit for licensing the import HIV
vaccine serving the vaccine demand in an emergency is within 03 working days as
from receiving the valid dossier.
2. The HIV vaccine import dossier (finished
vaccine and ingredient) must comply with the current regulations on imported
medicines serving the prevention and resolution of infections and natural
disasters, and shall be submitted at the Drug administration of Vietnam – The
Ministry of Health.
3. The validity period of the License for import
is decided by the Ministry of Health based on the seriosness of the emergency,
but must not exceed 01 year.
Section 3. REGISTERING THE CIRCULATION OF HIV
VACCINE IN AN EMERGENCY
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1. The submitted HIV vaccine registration
dossiers shall be prioritized, especially the vaccine produced in Vietnam in
order to quickly issue the License for vaccine circulation in an emergency.
The time limit for considering and issuing the License for HIV vaccine
circulation in an emergency is within 10 working days as from receiving the
valid dossier of vaccine registration.
2. The dossier of HIV vaccine registration must
comply with the current Regulation on medicine registration, and shall be
submitted at the Drug administration of Vietnam – the Ministry of Health.
3. The validity period of the License for import
is decided by the Ministry of Health based on the seriosness of the emergency.
Article 14. Using confidential data
The Ministry of Health shall use the
confidential clinical data about the HIV vaccine registered in Vietnam for
assessing and licensing the HIV vaccine produced and registered in Vietnam in
and emergency.
Chapter IV
IMPLEMENTATION ORGANIZATION
Article 15. Responsibility of the Minister of
Health
1. Determine the demand and capability to
provide HIV vaccine, and request the Prime Minister to announce and implement
the necessary measures for satisfying the demand for HIV vaccine in an
emergency.
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3. Lead and cooperate with the Ministry of
Finance in making budget estimate for the the production, import, and
distribution of HIV vaccine in an emergency, and submit it to the Prime
Minister for decision.
4. Efficiently direct the implementation of
necessary measures for satisfying the demand for HIV vaccine in an emergency.
5. Supervise and expedite the implementation;
report the results and the difficulties (if any) during the course of
implementation to the Prime Minister.
6. Lead and cooperating with the Ministry of
Finance and the Ministry of Science and Technology in determining the level and
method of compensation for the paten owner or the holder of the exclusive
patent in cases of compelling the patent transfer in order to serve the
production and import of HIV in an emergency, and submit them to the Prime Minister
for decision and implementation.
Article 16. Responsibility of the Ministry of
Finance
1. Cooperate with the Ministry of Finance in
making and submitting the budget estimate for the the production, import, and
distribution of HIV vaccine in an emergency to the Prime Minister; allocate the
budget approved by the Prime Minister; supervise the implementation in order to
ensure that the budget is properly used according to current regulations.
2. Direct the Customs to quickly conduct the
customs procedures for HIV vaccine imported to Vietnam in order to satisfy the
vaccine demand in an emergency.
Article 17. Responsibility of the Ministry of
Science and Technology
Promptly provide information and professional
advice at the request of the Ministry of Health in order to assess the
legitimacy of the industrial property of HIV vaccine in order to ensure the
legitimacy of the industrial propery when taking necessary measures in an
emergency.
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The Ministers, Heads of ministerial-level
agencies, Heads of Governmental agencies, the Presidents of People’s Committees
of central-affiliated cities and provinces are responsible for organizing,
inspecting, and guiding the implementation of this Regulation./.