RESOLUTION

CONTINUING IMPLEMENTATION OF SOLUTIONS FOR ENSURING DRUGS AND MEDICAL EQUIPMENT

THE GOVERNMENT

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on amendment to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

At request of Minister of Health,

HEREBY RESOLVES:

1. Amend Clause 4 Resolution No. 144/NQ-CP dated November 5, 2022 of the Government as follows:

“Allow medical examination and treatment costs to be reimbursed by health insurance in regard to technical services performed on machines provided by successful bidders for material and chemical contracts according to bidding results approved by competent authority in accordance with the Law on Bidding as follows:

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b) In regard to contracts signed from November 5, 2022: comply with the contracts until legislative documents on this matter are promulgated, even contracts signed under direct procurement method.

If contracts mentioned under Point a and Point b of this Clause expire, the reimbursement still applies until the procured materials and chemicals are exhausted.”.

2. If project developers or procuring entities (hereinafter referred to as “project developers”) specify in bid documents that the successful bidders of material and chemical contracts are responsible for providing medical equipment to facilitate the use of the materials and chemicals, the successful bidders must also provide medical equipment at request of project developers.

Medical examination and treatment costs of technical services performed on machines provided by successful bidders of material and drug contracts mentioned under this Clause shall be reimbursed by Health Insurance Fund. If the contract expires, reimbursement shall last until the procured materials and chemicals are exhausted.

3. Allow medical facilities to carry out pilot adoption of guidelines on developing package price in 2023, to be specific:

a) When developing package price, if different manufacturers manufacture the same type of medical equipment, project developers shall review and decide to assign their Science council to determine features and configurations depending on their specific needs. On the basis of features and configurations determined by Science council, organizing entities shall gather quotation in accordance with Point b of this Clause.

b) Project developers shall determine package price by any of the following document:

- Market price based on quotations provided by suppliers via any of the following methods:

+ Project developers shall send request for quotation and technical requirements to website of the Ministry of Health or online portal for management of medical equipment (https://dmec.moh.gov.vn) or website of the entities or other methods in accordance with bidding laws in at least 10 days. At the end of the request for quotation period, project developers shall rely on the received quotations to develop package price. If only one or two distributors or enterprises (hereinafter referred to as “distributors”) provide quotations, these quotations are eligible as the basis for developing package price.

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Package price shall be determined on the basis of technical features, use demand, and financial capacity of project developers.

- Price evaluation results of competent authorities entitled to perform price evaluation, price evaluation enterprises in accordance with the Law on Price;

- Successful bid of contract package for procurement of similar medical equipment in the previous 120 days.

c) If a contract package consists of many separate sections, specify price of each section in the contract package.

4. Allow medical facilities to use medical equipment which is donated, gifted, sponsored, contributed by domestic and foreign individuals, organizations (including medical equipment of joint venture and cooperation where contract has expired) and has not been established under public ownership for medical examination and treatment. Technical services performed on these medical equipment shall be paid for by Health Insurance Fund. Medical examination and treatment establishments are responsible for the quality of medical services performed on these equipment and are allowed to use their expenditure for the purpose of maintenance and repair of the equipment during use.

5. Responsibilities of ministries and central departments:

a) Ministry of Health shall:

- Develop and promulgate guidelines on developing package price of medical equipment: Complete in the second Quarter of 2023;

- Amend and revise the list of drugs for national-level, local-level centralized bidding to meet capacity of bidding organizations of each level and supply capacity of enterprises in order to adequately and promptly provide drugs for medical examination and treatment: Complete in the third Quarter of 2023;

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- Develop and promulgate guidelines on bid documents of contract package for medicinal plants and traditional medicinal materials for online bidding: Complete in the third Quarter of 2023;

- Review and assess the reception of used medical machinery and equipment donated, gifted, sponsored, contributed by organizations, individuals to medical facilities for the purpose of medical examination and treatment; cooperate with Ministry of Finance and relevant ministries, central departments in proposing specific solutions and reporting to competent authorities: Complete in the third Quarter of 2023.

b) Ministry of Planning and Investment shall:

- Provide timely and specific guidelines to allow entities and local governments to organize implementation of legislative documents relating to bidding for drugs and medical equipment within their competence;

- Cooperate with Ministry of Health in developing regulations on bidding for drugs and medical equipment in the project for the Law on Bidding in a manner that fits the medical sector.

c) Ministry of Finance shall amend or promulgate new documents on management and use of public property and use of state budget-based expenditure for the purpose of procuring drugs and medical equipment within their competence or request competent authorities to promulgate as per the law.

6. This Resolution comes into force from the date of signing.

Ministry of Health shall monitor, expedite, and conclude the implementation of this Resolution; request the Prime Minister to review and coordinate the implementation of this Resolution in ministries, central departments, and local authorities./.

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ON BEHALF OF. THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Le Minh Khai