Circular No. 35/2017/TT-BYT stipulates specific prices for drug sample testing services, raw materials for drug production, and drugs for human use at public health facilities funded by state budget. This document takes effect from October 5, 2017.
适用范围
Organizations providing drug sample testing services, raw materials for drug production, and drugs for human use at public health facilities funded by state budget.
要点
- The specific prices of testing services do not include value-added tax (Article 2.1).
- Organizations providing services must collect service fees according to invoices and regulations on sales invoices and service provision (Article 2.2).
- After fulfilling financial obligations to the state budget, the remaining portion is retained by the organization for use under the self-financing mechanism of public health institutions (Article 2.3).
- Organizations providing services must display and publicly disclose prices in accordance with laws on pricing (Article 6).
- In cases where financial resources do not ensure regular operations, the unit may continue to receive state budget support for testing costs that have not been covered by service revenue (Article 2.3).
🌐 本文件的社会影响
- Strengthen management and transparency in the provision of drug sample testing services, raw materials for drug production, and drugs for human use at public health facilities.
- Assist organizations providing services in complying with price regulations and invoices when collecting service fees.
- Organizations providing services may face difficulties in adjusting financial resources to ensure regular operations.
❓ 常见问题
Do the specific prices of drug sample testing services, raw materials for drug production, and drugs for human use include value-added tax?
No, the specific prices do not include value-added tax.
What obligations must organizations providing services fulfill when collecting testing service fees?
They must use invoices as prescribed and publicly display prices in accordance with laws on pricing.
How is the remaining portion used after fulfilling financial obligations to the state budget?
The remaining portion is retained by the service-providing organization for use under the self-financing mechanism of public health institutions.
In cases where financial resources do not ensure regular operations, can the unit receive support from the state budget?
Yes, if the service-providing organization is classified as a public institution partially self-financed or fully financed by the State for regular expenses.
When does this Circular take effect?
Circular No. 35/2017/TT-BYT takes effect from October 5, 2017.
全文
CIRCULAR
Prescribing specific prices for pharmaceutical sample testing services,raw materials for pharmaceuticals, and medicines for human use at public health facilities funded by state budget
Pursuant to Decree No. 177/2013/ND-CP dated November 14, 2013 of the Government detailing and guiding the implementation of certain provisions of the Law on Prices;
Pursuant to Decree No. 149/2016/NĐ-CP dated November 11, 2016 of the Government amending and supplementing certain articles of Decree No. 177/2013/NĐ-CP dated November 14, 2013 of the Government detailing and guiding the implementation of certain provisions of the Law on Prices;
Pursuant to the Government's Decree No. 75/2017/NĐ-CP dated June 20, 2017 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;
At the proposal of the Director of the Department of Planning and Finance,
The Minister of Health issues this Circular prescribing specific prices for pharmaceutical sample testing services, raw materials for pharmaceuticals, and medicines for human use at public health facilities funded by state budget.
Article 1. Scope of Regulation
This Circular prescribes specific prices for pharmaceutical sample testing services, raw materials for pharmaceuticals, and medicines for human use at public health facilities funded by state budget (referred to collectively as service providers).
Article 2. Specific prices for pharmaceutical sample testing services, raw materials for pharmaceuticals, and medicines for human use at public health facilities funded by state budget
1. The specific prices for pharmaceutical sample testing services, raw materials for pharmaceuticals, and medicines for human use at service providers do not include value-added tax on the provision of such services as specified in the Appendix attached hereto.
In cases where the prescribed price is in foreign currency, it shall be converted into Vietnamese Dong based on the buying exchange rate for transfer transactions of the head office of Vietnam Commercial Joint Stock Bank at the time of service payment or the end of the working day immediately preceding a holiday.
2. When collecting fees for pharmaceutical sample testing services, raw materials for pharmaceuticals, and medicines for human use, service providers shall issue service supply invoices in accordance with Decree No. 51/2010/NĐ-CP dated May 14, 2010 of the Government on sales invoices and service provision (hereinafter referred to as Decree No. 51/2010/NĐ-CP); Decree No. 04/2014/NĐ-CP dated January 17, 2014 of the Government amending and supplementing certain articles of Decree No. 51/2010/NĐ-CP dated May 14, 2010 of the Government on sales invoices and service provision (hereinafter referred to as Decree No. 04/2014/NĐ-CP); Circular No. 39/2014/TT-BTC dated March 31, 2014 of the Minister of Finance guiding the implementation of Decree No. 51/2010/NĐ-CP and Decree No. 04/2014/NĐ-CP on sales invoices and service provision.
3. Revenue from service provision, after fulfilling financial obligations to the state budget in accordance with the law, the remaining portion may be retained by the service provider for use in accordance with the law on the self-financing mechanism of public health institutions.
In cases where the financial resources of the service provider cannot ensure regular operations, and the service provider is classified by competent authorities as a public institution that partially self-funds its regular expenses or a public institution fully funded by the State for regular expenses, then the state budget will continue to guarantee the costs for pharmaceutical sample testing, raw materials for pharmaceuticals, and medicines for human use that have not been compensated from revenue through service pricing according to the current budget classification.
Article 3. Implementation Provisions
This Circular takes effect from October 5, 2017.
Article 4. Transitional Provisions
Public health facilities that have provided services and collected service fees for pharmaceutical sample testing, raw materials for pharmaceuticals, and medicines for human use from organizations and individuals using these services from January 1, 2017 to the date this Circular takes effect shall apply the Fee Schedule for Pharmaceutical Testing, Sample Testing, Raw Materials for Pharmaceuticals, and Cosmetics as stipulated in Decision No. 103/2004/QĐ-BTC dated December 28, 2004 of the Minister of Finance on the system of collection, submission, management, and utilization of fees for pharmaceutical testing, sample testing, raw materials for pharmaceuticals, and cosmetics for settlement.
Article 5. Reference Provisions
In cases where legal regulations cited in this Circular are replaced or amended, they shall be applied according to the replaced or amended legal regulations.
Article 6. Implementation Organization
Service providers shall implement the specific prices when providing services as specified in the Appendix attached hereto; they shall publicly display prices in accordance with the law on prices.
During the implementation process, if any difficulties arise, please promptly report to the Ministry of Health (Department of Planning and Finance) for consideration and resolution./.
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