Decree No. 41/2022/ND-CP provides detailed regulations on some articles and measures to implement Resolution No. 12/2021/QH15 concerning the extension of drug registration for circulation; policies and benefits for those participating in the prevention and control of the COVID-19 pandemic. Specifically, it covers contents such as: Changing the purpose of using medicinal substances to produce drugs with indications for the prevention and treatment of COVID-19; Free use of domestically produced drugs belonging to the batch produced to serve the issuance of drug circulation registration certificates; Policies for those participating in the prevention and control of the pandemic who are infected or required to undergo medical quarantine after working at reception and treatment facilities. This Decree takes effect from April 29, 2022.
适用范围
Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of provincial People's Committees under central cities, and relevant agencies, organizations, and individuals.
要点
- Extension of drug registration for circulation
- Changing the purpose of using medicinal substances to produce drugs for the prevention and treatment of COVID-19
- Free use of domestically produced drugs to serve the issuance of drug circulation registration certificates
- Policies for those participating in the prevention and control of the pandemic who are infected or required to undergo medical quarantine after working at reception and treatment facilities.
- Fees and charges related to state management activities in pharmaceuticals
🌐 本文件的社会影响
- Ensuring the supply of drugs for the prevention and control of the COVID-19 pandemic
- Economic support for those participating in the prevention and control of the pandemic affected by illness or medical quarantine.
- Improving working conditions and income for healthcare staff involved in the prevention and control of the pandemic.
❓ 常见问题
When does this Decree take effect?
Decree No. 41/2022/ND-CP takes effect from April 29, 2022.
What benefits do participants in the prevention and control of the COVID-19 pandemic who become ill receive?
Those participating in the prevention and control of the COVID-19 pandemic who are receiving salaries from the state budget or revenue from public health institutions will be entitled to salary and sick leave allowances according to regulations and other pandemic prevention and control benefits. Those not receiving salaries but participating in social insurance will be entitled to sick leave allowances according to regulations.
Which entities may be assigned the task of receiving, managing, providing health care, and treating COVID-19 patients?
The Chairpersons of provincial People's Committees under central cities confirm the assignment of tasks to private healthcare facilities within their jurisdiction.
全文
DECREE
Detailed regulations and implementation measures for Resolution No. 12/2021/UBTVQH15 dated December 30, 2021 of the Standing Committee of the National Assembly on allowing the implementation of certain mechanisms and policies in the healthcare sector to serve the work of preventing and controlling the COVID-19 pandemic.
dated December 30, 2021 of the Standing Committee of the National Assembly on allowing the implementation of certain mechanisms and policies in the healthcare sector to serve the work of preventing and controlling the COVID-19 pandemic.
to serve the work of preventing and controlling the COVID-19 pandemic.
matter concerning the prevention and control of the COVID-19 pandemic
Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;
Pursuant to Resolution No. 12/2021/UBTVQH15 dated December 30, 2021 of the Standing Committee of the National Assembly on allowing the implementation of certain mechanisms and policies in the healthcare sector to serve the work of preventing and controlling the COVID-19 pandemic;
At the proposal of the Minister of Health;
The Government promulgates this Decree detailing and providing implementation measures for Resolution No. 12/2021/UBTVQH15 dated December 30, 2021 of the Standing Committee of the National Assembly on allowing the implementation of certain mechanisms and policies in the healthcare sector to serve the work of preventing and controlling the COVID-19 pandemic.
Article 1. Scope of Regulation
This Decree provides for:
1. Mobilization and recruitment of personnel for testing, vaccination, diagnosis, and treatment of COVID-19 patients.
2. Regular operating expenses of public COVID-19 reception and treatment facilities and reimbursement of costs for the prevention and control of the COVID-19 pandemic.
3. Payment of costs for diagnosis and treatment of COVID-19 patients.
4. Certain special mechanisms related to medicines and raw materials for medicines with indications for use in the prevention and treatment of COVID-19.
5. Policies for personnel mobilized and recruited to participate in the prevention and control of the COVID-19 pandemic who have been infected with COVID-19; individuals required to undergo quarantine after working at COVID-19 reception and treatment facilities.
Article 2. Mobilization and recruitment of personnel for testing, vaccination, diagnosis, and treatment of COVID-19 patients.
1. Basis for mobilization and recruitment of personnel for testing, vaccination, diagnosis, and treatment of COVID-19 patients:
a) Requests from the Chairpersons of People's Committees of provinces and centrally governed cities, Directors of Health Departments, and Chairpersons of People's Committees of districts, towns under provinces, and centrally governed cities requiring support in human resources for participation in the prevention and control of the COVID-19 pandemic according to the model prescribed in Appendix I attached to this Decree;
b) Requests from Heads of medical examination and treatment facilities, COVID-19 reception and treatment facilities, and preventive healthcare facilities requiring support in human resources for participation in the prevention and control of the COVID-19 pandemic;
c) Mobilization by the Minister of Health to supplement human resources to support localities, medical examination and treatment facilities, and preventive healthcare facilities to strengthen forces participating in the prevention and control of the COVID-19 pandemic;
d) Mobilization by the Ministers of Defense and Public Security for cadres and soldiers under their management to supplement human resources to support localities, medical examination and treatment facilities, and preventive healthcare facilities to strengthen forces participating in the prevention and control of the COVID-19 pandemic.
2. Authority to mobilize and recruit personnel for testing, vaccination, diagnosis, and treatment of COVID-19 patients (hereinafter referred to collectively as mobilization and recruitment of forces to participate in the prevention and control of the COVID-19 pandemic):
a) The Minister of Health has the authority to mobilize and recruit forces to participate in the prevention and control of the COVID-19 pandemic within the entire country, except for forces managed by the Ministry of Defense and the Ministry of Public Security;
b) The Ministers of Defense and Public Security have the authority to mobilize and recruit forces to participate in the prevention and control of the COVID-19 pandemic within their respective jurisdictions;
c) The Chairperson of the People's Committee of a province or centrally governed city or a unit authorized by the People's Committee of a province or centrally governed city to mobilize and recruit forces to participate in the prevention and control of the COVID-19 pandemic within their jurisdiction;
d) Heads of medical examination and treatment facilities, COVID-19 reception and treatment facilities, preventive healthcare facilities, and health training institutions have the authority to mobilize and recruit forces to participate in the prevention and control of the COVID-19 pandemic within their respective jurisdictions.
Article 3. Acceptance and assignment of personnel for testing, vaccination, examination, and treatment of COVID-19 patients
1. The Director of the Department of Health shall accept and assign the forces mobilized and called upon by competent authorities to each facility to perform tasks related to vaccination, testing, medical examination, treatment, care, and treatment of COVID-19 patients.
2. The heads of medical examination and treatment facilities, COVID-19 reception and treatment centers, preventive healthcare facilities, and health training institutions shall implement the acceptance and detailed assignment of tasks to each position, suitable human resources according to the professional requirements for participating in the prevention and control of the COVID-19 pandemic.
Article 4. Regular operating expenses of public COVID-19 reception and treatment centers
1. The regular operating expenses of public COVID-19 reception and treatment centers (including salaries, wages, allowances based on salary, and other contributions as prescribed by law) shall be guaranteed from state budget funds, health insurance funds, payments made by service users, and other lawful sources as prescribed by law, with the state budget being implemented according to the following levels:
a) The central government budget guarantees the expenses for central-level COVID-19 reception and treatment centers, excluding the portion of local government budgets that have supported such centers.
b) The local government budget guarantees the expenses for locally-established COVID-19 reception and treatment centers. In cases where the local government budget cannot guarantee these expenses, the central government budget will provide support.
2. The regular operating expenses of public COVID-19 reception and treatment centers include:
a) Expenses to ensure the regular operation serving the work of preventing and controlling the COVID-19 pandemic at public COVID-19 reception and treatment centers, including salaries, wages, allowances based on salary, and other contributions as prescribed by law for workers at these centers (including those mobilized and called upon from other centers), protective clothing, masks for disease prevention, disinfectants used in disease prevention activities, and waste disposal at the centers according to professional requirements;
b) Medical examination and treatment expenses for COVID-19 patients, including co-morbidities (if any);
c) Expenses for policies and benefits for COVID-19 patients as prescribed;
d) Expenses for policies and benefits for individuals participating in the prevention and control of the COVID-19 pandemic as prescribed;
đ) Expenses for food support (if applicable), rental costs for accommodation (lodging) or centralized accommodation according to travel expense regulations; transportation expenses (pickup and drop-off) during working hours at the COVID-19 reception and treatment center for individuals participating in the prevention and control of the COVID-19 pandemic as prescribed.
3. Contents of salary, wage, allowance, and other contributions as prescribed by law for workers at the COVID-19 reception and treatment center (including those mobilized and called upon from other centers):
a) Salaries, wages, allowances based on salary, and other contributions based on salary according to the level, grade, and position stipulated by law for state agencies and public service units;
b) Allowances for preventing and controlling the COVID-19 pandemic;
c) Standby allowances (if participating in 24/7 shifts), night shift expenses, and overtime pay (if applicable), surgical and procedural allowances;
d) Allowances for favorable professions, hazardous job allowances in kind, regional allowances (if any), and other allowances as prescribed.
For civil servants and employees not directly engaged in medical work; medical civil servants and employees engaged in management and service at the COVID-19 reception and treatment center, the head of the unit shall base on the nature of the work and income to consider and decide on the entitlement to professional preference allowances but not exceeding 20% of the current salary level, grade plus leadership position allowances, and out-of-range seniority allowances (if any) of the entitled individual, funded from the income of the unit's public services, and if insufficient, the state budget will support the remaining part.
4. Principles for settling the expenses stipulated in Clause 3 of this Article:
a) The expenses stipulated in Points b and c are calculated based on the actual number of days participating in the prevention and control of the COVID-19 pandemic confirmed by the COVID-19 reception and treatment center;
b) The expenses stipulated in Points a and d are rounded off according to the number of months worked at the COVID-19 reception and treatment center. In cases where the month is not complete and there are odd days, odd days of 15 days or more are counted as one full month. If less than 15 days, they are not included in the expenses of the COVID-19 reception and treatment center and are paid by the agency or public service unit managing cadres, civil servants, employees, and workers according to the regulations of their respective units.
Article 5. Responsibility for Payment of Costs for Prevention and Control of COVID-19 at Reception and Treatment Facilities for COVID-19
1. Agencies and public service units managing civil servants, officials, employees shall be responsible for paying the following expenses:
a) Wages, salaries, allowances according to salary levels, ranks, positions, and contributions based on salary for employees under their management who have been mobilized to work at reception and treatment facilities for COVID-19. The unit shall prepare a detailed statement of expenditures paid from its revenue for mobilized employees and submit it to the reception and treatment facility for COVID-19 or the main hospital responsible for managing and operating the facility in accordance with Clause 2, Article 1 of Resolution No. 168/NQ-CP dated December 31, 2021 of the Government on certain mechanisms and policies for prevention and control of COVID-19 (hereinafter referred to as the main hospital).
b) Expenses specified in Points a and d of Clause 3, Article 4 of this Decree for employees under their management who have been mobilized to work at reception and treatment facilities for COVID-19 when they have not completed a full month working under the regulations of the unit managing civil servants, officials, and employees.
c) Costs for SARS-CoV-2 testing and medical quarantine after completing tasks related to prevention and control of COVID-19 in accordance with the regulations of the Ministry of Health.
2. Reception and treatment facilities for COVID-19 and the main hospitals shall be responsible for paying the expenses specified in Clause 2, Article 4 of this Decree (excluding those expenses that agencies and public service units managing civil servants, officials, and employees are responsible for paying as stipulated in Clause 1 of this Article). Specifically, for the expenses specified in Point a of Clause 1 of this Article, the reception and treatment facilities for COVID-19 and the main hospitals shall be responsible for reimbursing the agencies and public service units managing civil servants, officials, and employees who have been mobilized to the reception and treatment facilities for COVID-19 based on the payment statements already submitted.
Article 6. Guidelines for Reimbursement from State Budget for Costs Serving Prevention and Control of COVID-19
1. Preparation of state budget estimates for reimbursement of costs serving prevention and control of COVID-19:
a) Agencies and units (including reception and treatment facilities for COVID-19 and main hospitals) shall be responsible for preparing budget estimates from the state budget to reimburse costs serving prevention and control of COVID-19 according to the division of responsibilities assigned by competent authorities within the scope of reimbursement from the state budget that public health facilities have used from their own financial resources (excluding donations and grants) or have not yet paid to suppliers or beneficiaries. These estimates must be submitted to the immediate superior management agency for consolidation and submission to the first-level budgetary unit according to the current budget classification. The deadline for completion is before September 1, 2022.
b) First-level budgetary units shall consolidate the costs from the state budget that public health facilities have used from their own financial resources (excluding donations and grants) or have not yet paid to suppliers or beneficiaries according to the division of responsibilities assigned by competent authorities within the scope of reimbursement from the state budget. These consolidated costs must be submitted to the Ministry of Finance (for facilities established by the central government) or the local finance authority (for facilities established by local governments) for consideration and supplementation of the budget in accordance with the laws on the state budget. The deadline for completion is before October 1, 2022.
c) For cases where agencies and units have been allocated budgets for prevention and control of COVID-19: The competent authority allocating the budget to the state budget using unit must clearly specify the budget estimate for reimbursement of funds previously advanced, unpaid supplier payments, and unpaid beneficiary payments. These details must be submitted to the local finance authority and state treasury for monitoring and payment.
2. Based on the budget estimates assigned by the competent authority, the superior management agency shall allocate and assign budget estimates to reception and treatment facilities for COVID-19 and main hospitals within its management scope in accordance with the laws on the state budget. The competent authority allocating the budget to the state budget using unit must clearly specify the budget estimate for reimbursement of funds previously advanced, unpaid supplier payments, and unpaid beneficiary payments. The decision to allocate the budget estimate for reimbursement must be sent to the local finance authority and state treasury for monitoring and payment.
3. Management, use, and settlement of funds shall be carried out in accordance with the laws on the state budget. Agencies and units are responsible for the accuracy of the data on costs for prevention and control of COVID-19 as prescribed by law.
4. Monitoring and payment control, as well as expense control documentation for reimbursement of costs for prevention and control of COVID-19, shall be conducted as follows:
a) For costs for reimbursement of expenses serving prevention and control of COVID-19 that public health facilities have used from their own financial resources:
- For reception and treatment facilities for COVID-19: Based on the budget estimate allocated for ensuring regular operations (which includes the budget estimate for reimbursement of previously advanced funds), the reception and treatment facility for COVID-19 and the main hospital shall be responsible for preparing a comprehensive statement of regular operation costs incurred by the reception and treatment facility for COVID-19 and submitting it to the state treasury where transactions are conducted.
A list of total expenses for regular operation funds of COVID-19 reception and treatment facilities that have been spent according to each expenditure item as prescribed in Appendix II and Appendix III attached hereto shall include: (i) The amount of funds already paid; (ii) The amount of funds reimbursed from the health insurance fund and paid from patient payment sources and other lawful revenue sources as provided by law; (iii) The amount of funds paid from the facility's business revenue; (iv) The amount of state budget funds required to be paid (equal to the amount already paid minus the amount reimbursed from the health insurance fund and paid from patient payment sources and other lawful revenue sources as provided by law).
The State Treasury at the transaction location shall base on the budget estimate assigned by the competent authority (including the repayment budget estimate), the assignment document of the competent authority, and the list of total expenses for regular operation funds of COVID-19 reception and treatment facilities that have been spent to implement the transfer of the budget estimate to the account of the business revenue deposit of the COVID-19 reception and treatment facilities, hospital managing body opened at the State Treasury. The COVID-19 reception and treatment facilities, hospital managing body shall be responsible for the accuracy of the amount of funds for COVID-19 prevention and control declared on the list of total expenses for COVID-19 prevention and control funds, and shall also be responsible for managing, using, and settling accounts for funds in accordance with the provisions of the law.
- For the remaining agencies and units: Based on the tasks assigned by the competent authority, the agency or unit shall be responsible for preparing the list of total expenses for COVID-19 prevention and control funds that have been spent according to the regulations within the scope of reimbursement from the state budget (prepared according to each expenditure item) and send it to the State Treasury at the transaction location.
The State Treasury at the transaction location shall base on the budget estimate assigned by the competent authority (including the repayment budget estimate) and the list of total expenses for COVID-19 prevention and control activities that have been spent to implement the transfer of the budget estimate to the account of the business revenue deposit of the agency or unit opened at the State Treasury. The agency or unit shall be responsible for the accuracy of the amount of funds for COVID-19 prevention and control declared on the list of total expenses for COVID-19 prevention and control funds (accompanied by relevant decisions and documents), and shall also be responsible for managing, using, and settling accounts for funds in accordance with the provisions of the law.
b) For the repayment of costs for serving the work of COVID-19 prevention and control to goods and service providers and beneficiaries:
The State Treasury shall monitor based on the budget estimate assigned by the competent authority (including the repayment budget estimate), the assignment document of the competent authority, and the expense control file for COVID-19 prevention and control expenses as stipulated in Article 7 of Decree No. 11/2020/NĐ-CP dated January 20, 2020 of the Government on administrative procedures under the State Treasury sector (hereinafter referred to as Decree No. 11/2020/NĐ-CP), Circular No. 62/2020/TT-BTC dated June 22, 2020 of the Minister of Finance guiding the control and payment of regular expenses from the state budget through the State Treasury (hereinafter referred to as Circular No. 62/2020/TT-BTC).
5. Regarding the repayment of costs for COVID-19 diagnosis and treatment by private healthcare facilities assigned by provincial competent authorities to receive, manage, care for health, and treat COVID-19:
a) Prepare the budget estimate for repayment funds:
- Private healthcare facilities assigned to receive, manage, care for health, and treat COVID-19 shall be responsible for compiling the funds already spent on COVID-19 diagnosis and treatment within the scope of reimbursement from the state budget and submit it to the Department of Health.
- The Department of Health shall be responsible for reviewing and compiling the funds already spent on COVID-19 diagnosis and treatment within the scope of reimbursement from the state budget as prescribed and submit it to the Department of Finance.
- The Department of Finance shall be responsible for reviewing and compiling the funds already spent on COVID-19 diagnosis and treatment within the scope of reimbursement from the state budget, which have been reviewed by the Department of Health, and submit it to the People's Committee of the province or centrally-administered city for consideration and supplementation of the budget estimate in accordance with the laws on state budget.
b) The State Treasury shall monitor and pay based on the budget estimate, decision assigning tasks by the provincial competent authority or contract or acceptance certificate between the Department of Health and the private healthcare facility assigned by the provincial competent authority to receive, manage, care for health, and treat COVID-19.
Article 7. Payment for medical examination and treatment costs for COVID-19 patients
1. For public COVID-19 reception and treatment facilities, except for cases stipulated in Clause 4 of this Article:
a) The State budget shall pay for the costs of medical examination and treatment for COVID-19 including:
- Examination fees, bed charges, and technical services. The payment shall be made based on the actual quantity of medical services used and the service prices for health insurance medical examination and treatment;
- Drug, chemical, medical supply, blood, and infusion costs not included in the service price for medical examination and treatment or used in medical examination and treatment techniques without established prices. The payment shall be made based on the actual quantity used and the purchase price as prescribed by laws on bidding;
- Drug, chemical, medical supply, blood, and infusion costs not within the scope of payment by the health insurance fund. The payment shall be made based on the actual quantity used and the purchase price as prescribed by laws on bidding;
- Technical services not within the scope of payment by the health insurance fund. The payment shall be made based on the actual quantity of medical services used and the approved service prices for medical examination and treatment by the competent authority for that facility or the managing hospital;
b) For the costs of medical examination and treatment for other diseases during the course of treating COVID-19: the health insurance fund shall pay the costs of medical examination and treatment according to the scope and level of health insurance benefits as if the patient had received medical examination and treatment at the correct level. The COVID-19 patient with a health insurance card shall bear the co-payment and costs outside the scope of benefits (if any) as prescribed by laws on health insurance;
c) In cases where the COVID-19 reception and treatment facility cannot separate the costs of medical examination and treatment for COVID-19 from those for other diseases for payment from different sources or cannot collect the costs incurred during treatment that the patient must pay due to force majeure reasons stipulated in Clause 5 of this Article, the State budget shall pay the costs based on the actual quantity of medical services used and the service prices for health insurance medical examination and treatment;
2. Service prices and drug lists for health insurance medical examination and treatment shall be applied according to the category and level of the COVID-19 reception and treatment facility or the managing hospital;
3. The payment for medical examination and treatment costs for COVID-19 at private healthcare facilities assigned by provincial competent authorities to receive, manage, care for, and treat COVID-19 shall be carried out according to the following principles:
a) The costs of medical examination and treatment for COVID-19 at private healthcare facilities shall be paid by the State budget and the health insurance fund according to the principles set forth in Points a and b of Clause 1 of this Article;
b) Service prices, drug lists, medical supplies, and service prices for health insurance medical examination and treatment serving the treatment of COVID-19 shall be applied according to the highest category and level of provincial general hospitals;
c) The Department of Health shall be responsible for signing contracts with private healthcare facilities assigned by provincial competent authorities to receive, manage, care for, and treat COVID-19;
For cases assigned by provincial competent authorities to receive, manage, care for, and treat COVID-19 before the effective date of this Decree, the payment for costs shall be based on the decision assigning tasks by the provincial competent authority or the contract or the acceptance certificate between the Department of Health and the private healthcare facility;
4. Regarding the payment for medical examination and treatment costs in 2021 for COVID-19 Treatment Hospitals directly under Hanoi Medical University Hospital; Intensive Care Centers for COVID-19 Patients directly under Bach Mai Hospital, Viet Duc Hospital, Hue Central Hospital, Ho Chi Minh City University of Medicine and Pharmacy, Central Lung Hospital, Central Children's Hospital, and Thai Nguyen Central Hospital established by the Ministry of Health in Ho Chi Minh City, Dong Nai Province, Vinh Long Province, Long An Province, and public COVID-19 reception and treatment facilities in Ho Chi Minh City:
a) The State budget shall pay for the costs of medical examination and treatment for COVID-19 based on the actual quantity used and the purchase price as prescribed by laws on bidding;
If the COVID-19 reception and treatment facility does not have sufficient equipment to perform some technical services, it may sign a medical service contract with other healthcare facilities in the area that meet the conditions for performing such services according to regulations, and the State budget shall pay the costs based on the approved service prices for health insurance medical examination and treatment for the healthcare facility providing the service;
b) The health insurance fund shall pay the costs of medical examination and treatment for other diseases during the course of treating COVID-19 according to the scope and level of health insurance benefits as if the patient had received medical examination and treatment at the correct level; the COVID-19 patient with a health insurance card shall bear the co-payment and costs outside the scope of benefits (if any) as prescribed by laws on health insurance;
c) In cases where the COVID-19 reception and treatment facility cannot separate the costs of medical examination and treatment for COVID-19 from those for other diseases for payment from different sources or cannot collect the costs incurred during treatment that the patient must pay due to force majeure reasons stipulated in Clause 5 of this Article, the State budget shall pay the costs based on the actual quantity used and the purchase price as prescribed by laws on bidding;
5. Force majeure reasons stipulated in Point c of Clause 1 and Point c of Clause 4 of this Article include:
a) The patient dies during treatment but the healthcare facility cannot contact the patient's relatives or family members;
b) The patient has no relatives or family members and did not bring personal identification when entering the healthcare facility for treatment;
c) The patient, relatives, or family members do not have enough money to pay for the treatment costs;
6. The COVID-19 reception and treatment facility and the managing hospital shall be responsible for the accuracy and legality of the reported data to ensure no loss, waste, or corruption occurs.
Article 8. Guidelines for payment from the state budget to facilities for receiving and treating COVID-19 patients
1. Preparation of budget estimates: Based on the financial needs to ensure regular operations of public facilities for receiving and treating COVID-19 patients, the managing hospitals are responsible for preparing budget estimates for the regular operations of these facilities and submitting them to higher-level management agencies for consolidation and submission to the finance authorities in accordance with regulations.
2. Allocation of budgets: Based on the approved budget estimates, higher-level management agencies allocate and assign budgets to facilities for receiving and treating COVID-19 patients and managed hospitals within their jurisdiction in accordance with laws on the state budget.
3. Management, use, and settlement of funds shall be carried out in accordance with laws on the state budget. The entity is responsible for the accuracy of the figures related to the prevention and control of the COVID-19 pandemic as stipulated by law.
4. Control of payments and expense control files for regular expenses of facilities for receiving and treating COVID-19 patients shall be implemented as follows:
a) For medical examination and treatment costs paid from the state budget at prices specified under health insurance: Facilities for receiving and treating COVID-19 patients and managing hospitals are responsible for compiling a comprehensive list of medical examination and treatment costs for COVID-19 patients according to the model prescribed in Appendix IV attached to this Decree, based on the actual number of medical services used and the health insurance service examination and treatment prices, and sending it to the State Treasury where transactions take place to transfer the budget estimate to the deposit account of the facility for receiving and treating COVID-19 patients or the managing hospital opened at the State Treasury. These facilities and hospitals are responsible for the accuracy of the figures for the prevention and control of the COVID-19 pandemic listed on the comprehensive list of medical examination and treatment costs for COVID-19 patients, and they are also responsible for managing, using, and settling the funds in accordance with the law;
b) For remaining payments: Implement in accordance with Article 7 of Decree No. 11/2020/NĐ-CP and Circular No. 62/2020/TT-BTC;
c) For private healthcare facilities assigned tasks by provincial authorities to receive, manage, and provide healthcare and treatment for COVID-19 patients, the State Treasury will make payments based on the budget estimates, decisions assigning tasks, or contracts or acceptance certificates between the Department of Health and the private healthcare facility;
5. In cases where the revenue sources of facilities for receiving and treating COVID-19 patients (state budget, health insurance fund, payments from service users, and other lawful revenue sources as provided by law) do not cover the regular expenses of these facilities, the state budget will supplement the difference between revenue and regular expenses of the facilities for receiving and treating COVID-19 patients.
Article 9. On the Change of Purpose for Drug Ingredients to Produce Medicines for Preventing and Treating COVID-19
1. Drug ingredients that meet the following conditions simultaneously may be changed in purpose to produce medicines for preventing and treating COVID-19:
a) Used to produce medicines for preventing and treating COVID-19;
b) Have the same quality standards and manufacturer as drug ingredients in the registration dossier for marketed drugs approved by the Ministry of Health.
2. The Minister of Health decides on the change of purpose for drug ingredients to produce medicines for preventing and treating COVID-19.
3. Documents and procedures for requesting a change of purpose for drug ingredients to produce medicines for preventing and treating COVID-19:
a) The request includes: A request form for changing the purpose of drug ingredients to produce medicines for preventing and treating COVID-19 by the pharmaceutical production facility according to the model prescribed in Appendix V attached to this Decree and the label and user guide of the medicine already approved;
b) Within five working days from the date of receipt of the request for changing the purpose of drug ingredients sent directly or through postal service by the pharmaceutical production facility, the Minister of Health issues a decision on changing the purpose of drug ingredients; if不同意翻译的结果,要求重新翻译,确保完全符合规定和原文意思。特别注意第17条的准确翻译,不应添加任何解释或省略内容。原文提到“不批准变更目的时需书面说明理由”,应直接翻译为“in case of disagreement with the change of purpose, a written response must be issued stating the reasons”。请严格按照原文进行翻译,不要做任何改动或解释。
Article 10. The use of domestically produced drugs free of charge from a batch for the purpose of obtaining a drug registration certificate with indications for prevention and treatment of COVID-19
1. Based on the situation of the COVID-19 pandemic, diagnostic guidelines, treatment effects of drugs published by international organizations and management agencies of countries, the Ministry of Health shall issue a notification to healthcare facilities nationwide to determine the needs for each active ingredient and the necessary quantity to meet the requirements at the facility.
2. In case there is a need to use drugs, healthcare facilities shall submit a written request to the Ministry of Health, including the following contents:
a) The name of the active ingredient for chemical drugs; the name, type of vaccine, and herbal materials, extracts, powders, and decoctions for traditional medicine; the dosage form, concentration, or content of the active ingredient for chemical drugs, vaccines, or the weight of herbal materials, extracts, powders, and decoctions for traditional medicine;
b) The estimated number of patients and the corresponding amount of drugs needed;
c) A commitment to take responsibility related to the use of the requested drugs.
3. Based on the Statistical List of Drug Usage Needs and the List of Drugs with Active Ingredients, Dosage Forms, Vaccine Types, and Herbal Materials that have been granted a registration certificate, the Ministry of Health shall notify production units whose drugs meet the provisions of Clause 2, Article 6 of Resolution No. 12/2021/UBTVQH15 to support drugs for the Ministry of Health in the work of preventing and controlling the COVID-19 pandemic.
4. In case of agreement to provide support, production units whose drugs meet the provisions of Clause 2, Article 6 of Resolution No. 12/2021/UBTVQH15 shall submit a written confirmation of support to the Ministry of Health along with the List of Supported Drugs according to the model prescribed in Appendix VI attached to this Decree and a commitment that the batches of supported drugs comply with the requirements stipulated in Clause 2, Article 6 of Resolution No. 12/2021/UBTVQH15.
5. The Ministry of Health shall base on the capacity to support of the drug production unit and the requested support needs to decide on the allocation and provision of free batches of supported drugs.
Article 11. Regarding policies for persons mobilized to participate in the prevention and control of the COVID-19 pandemic who become infected with COVID-19
1. For persons participating in the prevention and control of the COVID-19 pandemic who are receiving salaries from the state budget or from the revenue of public health institutions:
a) They shall be entitled to receive salary, wages, allowances based on salary, and other contributions as prescribed by law during the period of treatment due to infection with COVID-19. Among which, the social insurance fund will pay sickness benefits according to the laws on social insurance, and the state budget will cover the remaining portion;
b) They shall be entitled to receive preventive and control policies for the COVID-19 pandemic if they participate in tasks related to the prevention and control of the COVID-19 pandemic during the period of treatment for COVID-19.
2. For persons participating in the prevention and control of the COVID-19 pandemic who are not receiving salaries from the state budget but have participated in mandatory social insurance contributions:
3. For persons participating in the prevention and control of the COVID-19 pandemic who are not receiving salaries from the state budget and have not participated in mandatory social insurance contributions, they shall be entitled to receive preventive and control policies for the COVID-19 pandemic if they participate in tasks related to the prevention and control of the COVID-19 pandemic during the period of treatment for COVID-19.
4. For persons participating in the prevention and control of the COVID-19 pandemic who are not receiving salaries from the state budget, in addition to the policies prescribed in Clauses 2 and 3 of this Article, the state budget shall provide a one-time support payment at the following levels:
a) For persons participating in the prevention and control of the COVID-19 pandemic for 15 consecutive days or more but less than 30 days, the amount is 1,855,000 VND/person;
b) For persons participating in the prevention and control of the COVID-19 pandemic for 30 consecutive days or more, the amount is 3,710,000 VND/person.
5. The Department of Health shall be responsible for compiling the demand for support funding from the state budget for the subjects prescribed in Clause 4 of this Article and submitting it to the Department of Finance for consolidation and presentation to the People's Committee of the province or centrally-administered city for consideration and inclusion in the budget estimate for payment in accordance with the laws on state budget.
Article 12. Regarding policies for individuals participating in the prevention and control of the COVID-19 pandemic who are receiving salaries from the state budget or from the revenue of public health facilities and must undergo medical quarantine after working at COVID-19 reception and treatment centers.
They shall continue to receive their full salary, wages, allowances, and other contributions as stipulated by law during the period they must undergo medical quarantine following their work at COVID-19 reception and treatment centers.
Article 13. Implementation Provisions
1. This Decree takes effect from April 29, 2022.
2. The provisions of Articles 2, 3, 4, 5, 6, 7, 8, 11, and 12 of this Decree shall be applied from January 1, 2021.
Article 14. Implementation Organization
1. The Ministry of Health shall publish on its official website the list of medicines and raw materials for medicines whose registration certificates have expired within the period from the date this Resolution No. 12/2021/UBTVQH15 takes effect until December 31, 2022, but due to the impact of the COVID-19 pandemic, the procedures for extending the registration certificates could not be completed, thus allowing continued use until December 31, 2022.
2. The Chairpersons of the People's Committees of provinces and centrally governed cities shall be responsible for confirming the assignment of tasks related to receiving, managing, providing healthcare, and treating COVID-19 patients to private healthcare facilities under their jurisdiction.
Article 15. Responsibility for Implementation
The Ministers, Heads of ministerial-level agencies, Heads of agencies attached to the Government, Chairpersons of the People's Committees of provinces and centrally governed cities, and relevant agencies, organizations, and individuals shall be responsible for implementing this Decree./.
DEPUTY PRIME MINISTER
DEPUTY PRIME MINISTER
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