Circular No. 7/2020/TT-BYT guides the standards and quotas for the use of specialized motor vehicles in the healthcare sector.

CIRCULAR

Preamble a) Providing testimonies and expert opinions for the case for which they have been summoned; of specifying standards and quotas for the use of specialized motor vehicles in the healthcare sector

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Based on the Law on Management and Use of Public Assets dated June 21, 2017;

Pursuant to Decree No. 151/2017/NĐ-CP dated December 26, 2017 of the Government detailing certain provisions of the Law on Management and Use of State Property;

Based on Decree No. 04/2019/ND-CP dated January 11, 2019 of the Government stipulating standards and quotas for the use of motor vehicles;

Based on Decree No. 75/2017/ND-CP dated June 20, 2017 of the Government 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 to guide the standards and quotas for the use of specialized motor vehicles in the healthcare sector.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular guides the standards and quotas for the use of specialized motor vehicles in the healthcare sector.

2. This Circular applies to:

a) Administrative and public service units directly under the Ministry of Health;

b) Administrative and public service units operating in the healthcare sector directly under local management;

c) Administrative and public service units operating in the healthcare sector directly under other ministries and sectors, except as provided for in Clause 3 of this Article.

3. This Circular does not apply to administrative and public service healthcare units under the Ministry of National Defense and the Ministry of Public Security.

(Hereinafter referred to as agencies and units)

Article 2. Principles for establishing and issuing standards and quotas for the use of specialized motor vehicles in the healthcare sector.

1. Establishing and issuing standards and quotas for the use of specialized motor vehicles in the healthcare sector must ensure rationality, effectiveness, avoid waste, and be consistent with legal provisions on the management and use of public assets and the provisions of this Circular.

2. Standards and quotas for the use of motor vehicles serving work as specified in this Circular shall be used as a basis for:

a. Preparing plans and budgets;

b. Assigning, purchasing, allocating, and contracting funds for use and hiring services;

c. Managing, using, and disposing of specialized motor vehicles in the healthcare sector.

Chapter II

REGULATION SPECIFIC PROVISIONS

Article 3. Hardware Product vehicles specialized motor vehicle Industry and 领域 y standards

1. Ambulance vehicle:

a) Ambulance vehicles meeting the standards prescribed in Circular No. 27/2017/TT-BYT dated June 28, 2017 of the Minister of Health stipulating standards and the use of ambulance vehicles;

b) Specialized ambulance vehicles with special structures (vehicles with spacious interiors equipped with medical machinery and equipment for emergency care and intensive care on board).

2. Specialized motor vehicles with special structures used in the healthcare sector include:

a) Mobile X-ray vehicle;

b) Mobile eye examination and treatment vehicle;

c) Mobile laboratory vehicle;

d) Mobile surgery vehicle;

e) Blood collection vehicle;

f) Vaccine and biological product transportation vehicle;

g) Other specialized motor vehicles designed for medical examinations, treatments, disease prevention, epidemic control, and testing activities.

3. Specialized motor vehicles equipped with or using specialized devices for healthcare activities, including:

a) Specialized vehicles serving health care and protection for mid-level and senior officials;

b) Specialized vehicles equipped for technology transfer and line guidance;

c) Vehicles transporting blood and samples in the healthcare field, including: specimen samples, infectious disease samples, food samples, drug samples (including vaccines and biological products), environmental health samples;

d) Patient transport vehicles;

e) Forensic examination vehicles and corpse transport vehicles;

f) Mobile spraying and chemical transport vehicles;

g) Disaster relief and search and rescue service vehicles;

h) Vehicles for organ and tissue procurement and transportation for transplantation purposes;

i) Vehicles transporting meals for mental health patients;

j) Vehicles transporting equipment, supplies, and specialized medical devices in the infectious disease field;

k) Vehicles equipped with teaching models, simulation models, teaching equipment, and visual aids;

l) Other specialized motor vehicles equipped with devices dedicated to medical examinations, treatments, disease prevention, epidemic control, and testing activities.

Article 4. Standards and quotas for specialized motor vehicles in the healthcare sector.

1. Standards and quotas for ambulance vehicles:

a) For agencies and units with functions of diagnosis and treatment:

- Below 50 beds, the quota is 01 vehicle.

- From 50 to less than 100 beds, the quota is 02 vehicles.

- From 100 to less than 200 beds, the quota is 03 vehicles.

- From 200 to less than 300 beds, the quota is 04 vehicles.

- From 300 beds and above, for every additional 150 beds, the quota increases by 01 vehicle.

b) In cases where healthcare facilities require special structure ambulances, the determination of standards and quotas for ambulance vehicles shall be based on the criteria stipulated in Article 4 of this Circular.

c) For agencies and units with functions of providing emergency services and patient transportation:

The determination of standards and quotas for the use of ambulance vehicles shall be based on demand, population size, geographical location, and statistics of the number of emergency responses and patient transports over the last three years, serving as the basis for proposing quotas to be reported to the competent authority for review and approval, adhering to the principle of ensuring appropriate quantities while effectively utilizing motor vehicles.

2. The determination of standards and quotas for specialized motor vehicles with special structures and those equipped with or using specialized devices for medical work shall be based on the following criteria:

a) Functions, tasks, and authorities approved by the competent authority.

b) Organizational structure and scale of operations approved by the competent authority in the charter of organization and operation; development plan (if applicable), and the specific nature of the healthcare public institution.

b) Scope and area of operation, population size.

c) Quantity and frequency of use of each type of motor vehicle at the time of setting the quota and the anticipated need for each type of vehicle over the next three years. In cases where newly established healthcare public institutions only need to forecast the usage needs of each type of vehicle over the next three years.

Article 5. Purchase price of specialized motor vehicles

1. The purchase price of specialized motor vehicles as stipulated in Clause 1 of this Article includes all taxes required by law; it does not include land registration fee, license plate issuance fee, insurance fees, inspection fees, road maintenance fees related to the use of the vehicle.

2. In cases where motor vehicles are exempt from taxes, the full amount of tax exemptions must be calculated to determine the standards and quotas for use. In cases of transferring or receiving used motor vehicles, the purchase price for determining the standards and quotas is the remaining value recorded in accounting books or the re-evaluated value according to the law (for vehicles not tracked in accounting records or when revaluation is required under the law).

3. Sources of funding for investment and procurement of specialized motor vehicles in the healthcare sector include: state budget; various types of funds originating from the state budget (development fund for public services, service fee revenue...); loans, official development assistance (ODA) funds (except in cases with separate agreements); support, donations, and gifts from domestic and international organizations and individuals, and other lawful sources of funding as prescribed by law.

Article 6. Competence to Approve and Adjust Standards and Quotas for the Use of Special-Purpose Motor Vehicles in the Health Sector

1. The competence to approve and adjust standards and quotas for the use of special-purpose motor vehicles for agencies and units under the management authority of Ministries, ministerial-level agencies, and provincial People's Committees shall be implemented in accordance with Clause 1, Article 18 of Decree No. 04/2019/ND-CP dated January 11, 2019 of the Government on standards and quotas for the use of motor vehicles (hereinafter referred to as Decree No. 04/2019/ND-CP).

2. The competence to approve and adjust standards and quotas for the use of special-purpose motor vehicles for agencies and units under the management authority of the Ministry of Health:

a) The Minister of Health shall approve and adjust standards and quotas for the use of special-purpose motor vehicles in the health sector for subordinate health public service units under the Ministry of Health that do not fall within the cases stipulated in Point b of this Clause; and approve adjustments to standards and quotas when agencies and units have a need to use special-purpose motor vehicles exceeding the approved standards and quotas.

b) The head of a public service unit self-financing recurrent and investment expenditures shall approve and adjust standards and quotas for the use of special-purpose motor vehicles in the health sector of their own unit after obtaining a written agreement from the Ministry of Health, except for cases stipulated in Clause 3, Article 7 of this Circular.

Article 7. Establishment, Review, Approval, and Adjustment of Standards and Quotas for the Use of Special-Purpose Motor Vehicles in the Health Sector

1. Documents for submission, approval, and adjustment of standards and quotas:

a) A request for approval of standards and quotas for the use of special-purpose motor vehicles from the head of a health public service unit according to Model No. 01 issued together with this Circular;

b) A list of special-purpose motor vehicles currently managed and used according to Model No. 02 issued together with this Circular (not applicable to newly established units);

c) A copy stamped by the unit of its Charter of Organization and Operation and Development Plan (if available);

d) An explanation of the needs for using each type of special-purpose motor vehicle over the next three years;

The documents specified in Points b and d of this Clause must be signed and stamped by the Head of the Unit.

2. The head of the agency or unit is responsible for directing the establishment of documents, reports, and materials to determine standards and quotas for the use of special-purpose motor vehicles in compliance with regulations.

3. In cases where the agency or unit requires the use of special-purpose motor vehicles beyond the approved standards and quotas due to special circumstances, the head of the health public service unit shall report to the competent authority as stipulated in Article 6 of this Circular for consideration and decision.

4. Adjustment of quotas:

In cases where new agencies or units are established, the scope of professional activities is supplemented or adjusted, the scale changes, or in emergency situations, adjustments to standards and quotas for the use of special-purpose motor vehicles may be made.

5. Time limit for approving quotas:

Within thirty days from the date of receipt of complete documents as stipulated in Clause 1 of this Article, the competent authority as stipulated in Article 6 of this Circular shall be responsible for reviewing and approving standards and quotas for use. If approval is not granted, a written response must be provided with clear reasons stated.

Chapter III
IMPLEMENTATION

Article 8. Implementation clause

This Circular takes effect forty-five days from the date of issuance.

Article 9. Transitional Provisions

1. Decisions on standards and quotas for the use of special-purpose motor vehicles approved before the effective date of this Circular shall continue to be applied if they comply with the provisions of this Circular without having to go through the procedures for establishing and approving standards and quotas for the use of special-purpose motor vehicles again.

2. In cases where special-purpose motor vehicles equipped before the effective date of this Circular exceed the standards and quotas for use prescribed in this Circular, the agency or unit assigned to manage and use such vehicles shall be responsible for reporting to the competent authority as stipulated in Clause 1, Article 6 of this Circular for consideration and handling of assets in accordance with Section 3, Chapter III of Decree No. 151/2017/ND-CP dated December 26, 2017 of the Government detailing certain provisions of the Law on Management and Use of State Property.

Article 10. Responsibility for Implementation

1. The Minister, Chairmen of Provincial People's Committees directly under the Central Government, Heads of Health Departments, and Heads of relevant agencies and organizations are responsible for implementing this Circular.

2. Health public service units are responsible for:

a) Establishing standards and quotas for the use of special-purpose motor vehicles for their units and submitting them to the competent authority for approval in accordance with this Circular;

b) Annually, units are responsible for reviewing standards and quotas and the situation of vehicle use to make adjustments and supplements (if necessary) based on the principle that a unit may have one or more types of specialized vehicles depending on its functions, tasks, scale, and specific nature of the unit assigned tasks.

c) Being responsible for the information in the documents requesting approval of standards and quotas for the use of special-purpose motor vehicles.

During the implementation process, if there are difficulties or obstacles, agencies and units are requested to promptly reflect these issues to the Ministry of Health for research and resolution./.