Circular 35/2017/TT-BYT stipulating specific prices for testing services of drug samples, medicinal ingredients and drugs for human use at public health facilities funded with the state budget, approved by the Minister of Health. promulgated

CIRCULAR

REGULATIONS ON SPECIFIC PRICES FOR TESTING SERVICES FOR MEDICINE SAMPLES, MEDICINAL INGREDIENTS AND MEDICINES FOR HUMAN USE AT PUBLIC MEDICAL FACILITIES FUNDED BY THE STATE BUDGET

Pursuant to Decree No. 177/2013/ND-CP dated November 14, 2013 of the Government providing guidance on the implementation of a number of articles of the Law on pricing;

Pursuant to Decree No. 149/2016/ND-CP dated November 11 2016 of the Government on amending and supplementing a number of articles of Decree No. 177/2013/ND-CP dated November 14, 2013 by the Government providing guidance on the implementation of a number of articles of the Law on pricing;

Pursuant to Decree No. 75/2017 /ND-CP dated June 20 2017 by the Government defining the function, tasks, powers and organizational structure of the Ministry of Health;

At the proposal of the Director General of Department of Planning and Finance;

The Minister of Health promulgates this Circular providing for specific prices for testing medicine samples, medicinal ingredients and medicines for human use at public medical facilities funded by the state budget.

Article 1. Scope

This Circular specifies the prices for testing medicine samples, medicinal ingredients and medicines for human use at public medical facilities funded by the state budget (hereinafter referred to as “service providers”).

Article 2. Specific prices for testing services for medicine samples, medicinal ingredients and medicines for human use at public medical facilities funded by the state budget

1. The prices for the testing services specified in the Appendix hereof for medicine samples, medicinal ingredients and medicines for human use by service providers are exclusive of VAT.

Prices in foreign currencies shall be exchanged at the transfer rate quoted by the headquarters of Joint stock Commercial Bank for Foreign Trade of Vietnam, which is identified at the time of payment or at the end of the working day immediately preceding a holiday or a day-off.

2. When collecting service charges for testing medicine samples, medicinal ingredients and medicines for human use, service providers must use service invoices in accordance with regulations in the Government’s Decree No. 51/2010/ND-CP dated May 14, 2010 on goods and service invoices, the Government’s Decree No. 04/2014/ND-CP dated January 17, 2014 on amendments to the Government’s Decree No. 51/2010/ND-CP dated May 14, 2010 on goods and service invoices, the Circular No. 39/2014/TT-BTC dated March 31, 2014 by the Ministry of Finance guiding the implementation of the Decree No. 51/2010/ND-CP dated May 14, 2010 and the Decree No. 04/2014/ND-CP dated January 17, 2014 by the Government on regulations on goods and service invoices.

3. After having made compulsory payments to the state budget as regulated, service providers shall manage and use the remaining amounts of revenues from their provision of services in accordance with regulations of law on financial autonomy of public healthcare units.

In case the financial source of a service provider if not sufficient for its regular operation, and such service provider is classified as a public administrative unit that is partially or fully funded by state budget, the costs of testing medicine samples, medicinal ingredients and medicines for human use which have not been covered by the service charges shall be covered by the State budget in accordance with the current allocation of the State budget.

Article 3. Entry in force

This Circular takes effect on October 05 2017.

Article 4. Transitional provisions

Service providers which have been provided services and collecting service charges for testing medicine samples, medicinal ingredients and medicine for human use from January 01, 2017 to the date before the effective date of this Circular shall apply the Table of fees for testing medicine, medicine samples, medicinal ingredients and cosmetics prescribed in Decision No. 103/2004/QD-BTC dated November 28, 2004 by the Minister of Finance promulgating the regulation on collection, remittance, management and use of charges for testing medicines, medicine samples, medicinal ingredients and cosmetics to charge collection.

Article 5. Reference provisions

In case where a document referred to this Circular is replaced, amended, the replacing or revising document shall prevail.

Article 6. Implementation

Service providers shall apply and publish the specific prices when providing services prescribed in the Appendix attached to this Circular.

In the course of implementation, any arising problem should be promptly reported to the Ministry of Health (Department of Planning and Finance) for consideration and handling.

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