CIRCULAR

AMENDING AND COMPLEMENTING SEVERAL ARTICLES OF CIRCULAR NO. 28/2017/TT-BYT DATED JUNE 28, 2017 ISSUED BY THE MINISTER OF HEALTH ON THE MANAGEMENT OF HIV ANTIRETROVIRAL DRUGS PURCHASED AT THE NATIONAL LEVEL USING FUNDS FROM HEALTH INSURANCE FUNDS FOR MEDICAL EXAMINATION AND TREATMENT AND SUPPORTING COST SHARING FOR HIV ANTIRETROVIRAL DRUGS FOR HIV INFECTED PERSONS WITH HEALTH INSURANCE CARDS

Pursuant to Decree No. 75/2017/NĐ-CP dated June 20, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;;

IMPLEMENTING DECISION NO. 2188/QĐ-TTg DATED NOVEMBER 15, 2016 OF THE PRIME MINISTER ON THE PAYMENT OF HIV ANTIRETROVIRAL DRUGS PURCHASED AT THE NATIONAL LEVEL USING FUNDS FROM HEALTH INSURANCE FUNDS FOR MEDICAL EXAMINATION AND TREATMENT AND SUPPORTING USERS OF HIV ANTIRETROVIRAL DRUGS;

AT THE PROPOSAL OF THE DIRECTOR OF THE HIV/AIDS PREVENTION AND CONTROL DEPARTMENT, MINISTRY OF HEALTH;

THE MINISTER OF HEALTH ISSUES THIS CIRCULAR TO AMEND AND COMPLEMENT SEVERAL ARTICLES OF CIRCULAR NO. 28/2017/TT-BYT DATED JUNE 28, 2017 ON THE MANAGEMENT OF HIV ANTIRETROVIRAL DRUGS PURCHASED AT THE NATIONAL LEVEL USING FUNDS FROM HEALTH INSURANCE FUNDS FOR MEDICAL EXAMINATION AND TREATMENT AND SUPPORTING COST SHARING FOR HIV ANTIRETROVIRAL DRUGS FOR HIV INFECTED PERSONS WITH HEALTH INSURANCE CARDS REGARDING THE MANAGEMENT OF HIV ANTIRETROVIRAL DRUGS PURCHASED AT THE NATIONAL LEVEL USING FUNDS FROM HEALTH INSURANCE FUNDS FOR MEDICAL EXAMINATION AND TREATMENT AND SUPPORTING COST SHARING FOR HIV ANTIRETROVIRAL DRUGS FOR HIV INFECTED PERSONS WITH HEALTH INSURANCE CARDS

ARTICLE 1. AMENDING AND COMPLEMENTING SEVERAL ARTICLES OF CIRCULAR NO. 28/2017/TT-BYT DATED JUNE 28, 2017 ISSUED BY THE MINISTER OF HEALTH ON THE MANAGEMENT OF HIV ANTIRETROVIRAL DRUGS PURCHASED AT THE NATIONAL LEVEL USING FUNDS FROM HEALTH INSURANCE FUNDS FOR MEDICAL EXAMINATION AND TREATMENT AND SUPPORTING COST SHARING FOR HIV ANTIRETROVIRAL DRUGS FOR HIV INFECTED PERSONS WITH HEALTH INSURANCE CARDS

1. AMENDING CLAUSE 4, ARTICLE 2 AS FOLLOWS:

"4. THE NATIONAL CENTRE FOR CONCENTRATED PROCUREMENT OF DRUGS (HEREINAFTER REFERRED TO AS THE PROCUREMENT UNIT)."

"Article 6. Services and activities carried out within the Cam Ranh International Port area

"2. PROCEDURE FOR ESTABLISHING AN ANNUAL PLAN FOR THE USE OF HIV ANTIRETROVIRAL DRUGS

a) BEFORE MARCH 10 EACH YEAR, HEALTH FACILITIES COMPLETE THE ESTABLISHMENT OF THE ANNUAL NEED FOR HIV ANTIRETROVIRAL DRUGS AND SUBMIT A WRITTEN PROPOSAL TO THE SPECIALIZED AIDS PREVENTION AND CONTROL DEPARTMENTS OF THE PROVINCES AND CITIES UNDER THE CENTRAL GOVERNMENT (HEREINAFTER REFERRED TO AS THE PROVINCIAL AIDS PREVENTION AND CONTROL DEPARTMENTS);

b) BEFORE APRIL 1 EACH YEAR, THE PROVINCIAL AIDS PREVENTION AND CONTROL DEPARTMENTS COMPLETE THE AGGREGATION OF THE ANNUAL NEED FOR HIV ANTIRETROVIRAL DRUGS OF ALL HEALTH FACILITIES UNDER THEIR MANAGEMENT AND SUBMIT A WRITTEN PROPOSAL TO THE MINISTRY OF HEALTH (HIV/AIDS PREVENTION AND CONTROL DEPARTMENT);

c) BEFORE APRIL 30 EACH YEAR, THE HIV/AIDS PREVENTION AND CONTROL DEPARTMENT COMPLETES THE AGGREGATION OF THE ANNUAL NEED FOR HIV ANTIRETROVIRAL DRUGS ACROSS THE COUNTRY AND SUBMITS A WRITTEN PROPOSAL TO THE PROCUREMENT UNIT;

d) AFTER RECEIVING THE WRITTEN PROPOSAL ON THE ANNUAL NEED FOR HIV ANTIRETROVIRAL DRUGS FROM THE HIV/AIDS PREVENTION AND CONTROL DEPARTMENT, THE PROCUREMENT UNIT IS RESPONSIBLE FOR CARRYING OUT THE PLANNING, SELECTION OF CONTRACTORS IN ACCORDANCE WITH CIRCULAR NO. 11/2016/TT-BYT DATED MAY 11, 2016 ISSUED BY THE MINISTER OF HEALTH ON PROCUREMENT AT PUBLIC HEALTH FACILITIES;"

3. COMPLEMENTING POINT C, CLAUSE 3, ARTICLE 3 AS FOLLOWS:

"c) HIV/AIDS PREVENTION AND CONTROL DEPARTMENT."

4. AMENDING POINT A, CLAUSE 4, ARTICLE 3 AS FOLLOWS:

"a) COPIES OF CONTRACTS ALONG WITH ALL ATTACHMENTS FOR THE PROCUREMENT UNIT, HIV/AIDS PREVENTION AND CONTROL DEPARTMENT, AND VIETNAM SOCIAL INSURANCE;"

5. AMENDING POINT B, CLAUSE 2, ARTICLE 4 AS FOLLOWS:

"b) WITHIN FIVE WORKING DAYS, THE HIV/AIDS PREVENTION AND CONTROL DEPARTMENT IS RESPONSIBLE FOR SENDING A WRITTEN DISTRIBUTION PLAN FOR HIV ANTIRETROVIRAL DRUGS TO THE CONTRACTOR TO IMPLEMENT THE DISTRIBUTION PLAN AND SEND IT TO THE CONTRACT SIGNING UNIT AND THE PROCUREMENT UNIT FOR MONITORING;"

6. AMENDING POINT C, CLAUSE 3, ARTICLE 4 AS FOLLOWS:

"c) WITHIN FIVE WORKING DAYS FROM THE DATE OF RECEIPT OF THE WRITTEN REQUEST FROM THE PROVINCIAL AIDS PREVENTION AND CONTROL DEPARTMENT, THE HIV/AIDS PREVENTION AND CONTROL DEPARTMENT IS RESPONSIBLE FOR SENDING A WRITTEN DISTRIBUTION PLAN FOR HIV ANTIRETROVIRAL DRUGS TO THE CONTRACTOR TO IMPLEMENT THE DISTRIBUTION PLAN AND SEND IT TO THE CONTRACT SIGNING UNIT AND THE PROCUREMENT UNIT TO ADJUST THE QUANTITY AND VALUE OF THE DRUGS;"

7. COMPLEMENTING CLAUSE 5, ARTICLE 7 AS FOLLOWS:

"5. RESPONSIBILITIES OF THE PROCUREMENT UNIT:

a) ORGANIZING PROCUREMENT, SIGNING FRAMEWORK AGREEMENTS WITH WINNING SUPPLIERS, AND MANAGING THE IMPLEMENTATION OF FRAMEWORK AGREEMENTS, SUPPLY CONTRACTS, AND THE QUALITY OF HIV ANTIRETROVIRAL DRUGS PROVIDED BY SUPPLIERS;

b) REPORTING TO THE MINISTRY OF HEALTH (HIV/AIDS PREVENTION AND CONTROL DEPARTMENT) ON THE IMPLEMENTATION OF FRAMEWORK AGREEMENTS ON AN ANNUAL BASIS."

Article 2. Effective Date

1. THIS CIRCULAR SHALL TAKE EFFECT FROM JUNE 15, 2018.

2. ABOLISHING THE FOLLOWING PROVISIONS: CLAUSE 4, ARTICLE 2; CLAUSE 2, ARTICLE 3; POINT A, CLAUSE 4, ARTICLE 3; POINT B, CLAUSE 2, ARTICLE 4; AND POINT C, CLAUSE 3, ARTICLE 4; POINT C, CLAUSE 1 AND POINT B, CLAUSE 2, ARTICLE 7 OF CIRCULAR NO. 28/2017/TT-BYT DATED JUNE 28, 2017 ISSUED BY THE MINISTER OF HEALTH ON THE MANAGEMENT OF HIV ANTIRETROVIRAL DRUGS PURCHASED AT THE NATIONAL LEVEL USING FUNDS FROM HEALTH INSURANCE FUNDS FOR MEDICAL EXAMINATION AND TREATMENT AND SUPPORTING COST SHARING FOR HIV ANTIRETROVIRAL DRUGS FOR HIV INFECTED PERSONS WITH HEALTH INSURANCE CARDS.

3. IN CASE THE REFERENCE DOCUMENTS IN THIS CIRCULAR ARE REPLACED OR AMENDED, THE REPLACEMENT OR AMENDED DOCUMENTS SHALL BE APPLIED.

DURING THE IMPLEMENTATION PROCESS, IF THERE ARE ANY DIFFICULTIES OR OBSTACLES, PLEASE REPORT THEM TO THE MINISTRY OF HEALTH FOR REVIEW AND RESOLUTION./.

During the process of organizing and implementing, if there are difficulties or obstacles, it is recommended that agencies, organizations, and individuals reflect them to the Ministry of Health for consideration and resolution./.