Circular No. 08/2018/TT-BYT dated April 18, 2018 of the Ministry of Health on amending a number of Articles of the Circular No. 28/2017/TT-BYT dated June 28, 2017 on management of the procurement of antiretroviral drugs at country level using health care funds of health care insurance and co-pay support provided for HIV patients who have health insurance cards

THE MINISTRY OF HEALTH 

Circular No. 08/2018/TT-BYT dated April 18, 2018 of the Ministry of Health on amending a number of Articles of the Circular No. 28/2017/TT-BYT dated June 28, 2017 on management of the procurement of antiretroviral drugs at country level using health care funds of health care insurance and co-pay support provided for HIV patients who have health insurance cards

Pursuant to the Government’s Decree No. 75/2017/ND-CP dated June 20, 2017 on defining functions, tasks, powers and organizational structure of the Ministry of Health;

In implementation of the Prime Minister’s Decree No. 2188/QD-TTg dated November 15, 2016 on regulations on payments for the procurement of antiretroviral drugs at country level using health care funds and health insurance provided for HIV patients;

At the request of Director of Vietnam Administration of HIV/AIDS Control, Ministry of Health;

The Minister of Health promulgates the Circular on amendments to certain articles of Circular No. 28/2017/TT-BYT dated June 28, 2017 on management of the procurement of antiretroviral drugs at country level using health care funds of health care insurance and co-pay support provided for HIV patients who have health insurance cards.

Article 1. To amend a number of Articles of the Circular No. 28/2017/TT-BYT dated June 28, 2017 of the Minister of Health

1. To amend Clause 4, Article 2 as follows:

“4. National Centralized Drug Procurement Center (hereinafter referred to as “Procurement Unit”)

2. To amend Clause 2, Article 3 as follows:

“2. The process of planning the ARVs demand:

a. Before March 10 every year, the health facilities shall complete their plan on the ARVs demand for the following year and send this written plan to the leading agencies which take charge in preventing and controlling HIV/AIDS in provinces and central-affiliated cities (hereinafter referred to as “Provincial HIV/AIDS Prevention and Control Agency”).

b. Before April 01 every year, the Provincial HIV/AIDS Prevention and Control Agency shall complete the plan on the demand for ARVs of all the health facilities within the province and submit this written plan to the Ministry of Health (Vietnam Administration of HIV/AIDS Control).

c. Before April 30 every year, the Vietnam Administration of HIV/AIDS Control shall make a final plan on the nationwide demand for ARVs and send this written plan to the Procurement Unit.

d. After receiving the written plan on the nationwide demand for ARVs for the following year from the Vietnam Administration of HIV/AIDS Control, the Procurement Unit shall complete the plan on selecting the supplier in accordance with Circular No. 11/2016/TT-BYT dated May 11, 2017 of the Minister of Health.”

3.To add Point c to Clause 3, Article 3 as follows:

c. Vietnam Administration of HIV/AIDS Control.

4.To amend Point a, Clause 4, Article 3 as follows:

a. A copy of the supply contract enclosed with all appendixes to the Procurement Unit, Vietnam Administration of HIV/AIDS Control and Vietnam Social Security.

5.To amend Point b, Clause 2, Article 4 as follows:

b. Within 05 working days, the Vietnam Administration of HIV/AIDS Control shall send the ARVs distribution documents to the selected supplier for distribution of the ARV drugs and to the Signing Unit and Procurement Unit for supervision of the distribution process.

6.To amend Point c, clause 3, Article 4 as follows:

c. Within 05 working days, from the date on which the written request from the Provincial HIV/AIDS Prevention and Control Agency is received, the Vietnam Administration of HIV/AIDS Control shall send the ARVs distribution documents to the selected supplier for distribution of ARV drugs and to the Signing Unit and Procurement Unit for adjustments to the drugs’ quantity and price.

7.To add Clause 5 to Article 7 as follows:

"5. Responsibilities of the Procurement Unit:

a. Organize the auction, arrange a meeting to sign the framework agreement with the selected supplier and manage the implementation process of such agreement and supply contract, and also ensure the quality of ARVs provision service provided by the selected supplier.

b. Notify the Ministry of Health (Vietnam Administration of HIV/AIDS Control) of the annual implementation process of the framework agreement.”

Article 2. Effect

1. This Circular takes effect on June 15, 2018.

2. To annul the Clauses as follows: Clause 4, Article 2; Clause 2, Article 3; point a, Clause 4, Article 3; point b, Clause 2, Article 4; point c, Clause 3, Article 4; point c, Clause 1 and point b, Clause 2, Article 7 of the Circular No. 28/2017/TT-BYT dated June 28, 2017 of the Minister of Health.

3. If the documents which are referred to in this Circular are amended or supplemented, the replaced or amended documents shall apply.

Any problem arising in the course of implementation of this Circular shall be notified by the related agencies, organizations and individuals to the Ministry of Health for consideration and decision-making.

For the Minister

The Deputy Minister

Nguyen Thanh Long