DECISION

PROVIDING FOR THE REGIME OF COLLECTION, REMITTANCE, MANAGEMENT AND USE OF CHARGES FOR APPRAISING CONDITIONAL COMMERCIAL OPERATIONS IN THE HEALTH SECTOR, CHARGES FOR APPRAISING CRITERIA AND CONDITIONS FOR MEDICAL AND PHARMACEUTICAL PRACTICE, AND FEES FOR GRANTING IMPORT/EXPORT PERMITS AND CERTIFICATES OF MEDICAL AND PHARMACEUTICAL PRACTICE

THE MINISTER OF FINANCE

Pursuant to the Government’s Decree No. 57/2002/ND-CP of June 3, 2002, detailing the implementation of the Ordinance on Charges and Fees;

Pursuant to the Government’s Decree No. 103/2003/ND-CP of September 12, 2003, detailing the implementation of a number of articles of the Ordinance on Private Medical and Pharmaceutical Practice;

Pursuant to the Government’s Decree No. 77/2003/ND-CP of July 1, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

Pursuant to the Government’s Decree No. 11/1999/ND-CP of March 3, 1999 on goods banned from circulation, commercial services banned from provision; and goods and commercial services subject to business restriction or conditional business;

Pursuant to the Prime Minister’s Decision No. 37/2002/QD-TTg of March 14, 2002, on the Government’s program of action for the implementation of the Party Political Bureau’s Resolution No. 07-NQ/TW of November 27, 2001, on international economic integration;

After obtaining opinions of the Ministry of Health (in Official Letter No. 9543/YT-KT-TC of December 6, 2004);

At the proposal of the Director of the Tax Policy Department,

DECIDES:

Article 1.- To issue together with this Decision the table of rates of charges for appraising conditional commercial operations in the health sector, charges for appraising  criteria and conditions for medical and pharmaceutical practice, and fees for granting import/export permits and certificates of medical and pharmaceutical practice.

Article 2.- Vietnamese and foreign organizations and individuals shall pay charges or fees at the rates specified in the tables issued together with this Decision  when provided by the state management agencies in the health sector the following services:

1. Appraisal of conditional commercial operations in the health sector;

2. Appraisal of criteria and conditions for the grant of certificates of private medical and pharmaceutical practice;

3. Grant of permits for import and/or export of medical equipment, facilities and devices without registration numbers according to the provisions of law;

4. Grant of certificates of private medical practice, private traditional medical or pharmaceutical practice; private pharmaceutical practice, and vaccines and medical bio-products.

Article 3.- State management agencies in the health sector (the Ministry of Health and Provincial/Municipal Health Services) which perform tasks defined in Article 2 of this Circular shall collect, remit, manage and use charges and fees according to the provisions of this Decision (hereinafter referred to as charge- and fee-collecting agencies).

Article 4.- Charges for appraising conditional commercial operations in the health sector, charges for appraising criteria and conditions for medical and pharmaceutical practice, and fees for granting import/export permits and certificates of medical and pharmaceutical practice stipulated in this Decision shall constitute state budget revenues and be managed and used as follows:

1. Charge- and fee-collecting agencies shall be allowed to deduct 80% (eighty percent) of the total collected charge and fee amounts to cover charge and fee collection expenses specified at Point 4-b, Section C, Part III of the Finance Ministry’s Circular No. 63/2002/TT-BTC of July 24, 2002, guiding the implementation of legal provisions on charges and fees;

2. After subtracting the deductible amounts specified in Clause 1 of this Article, the remainder (20%) of collected charge and fee amounts shall be remitted by charge- and fee-collecting agencies into the state budget at the corresponding chapter, category, clause, item and sub-item of the current state budget index.

Article 5.-

1. This Decision takes effect 15 days after its publication in “CONG BAO.”

2. The following circulars and provisions of the following documents are hereby annulled:

a/ Joint Circular No. 51/TTLB of July 3, 1995, of the Ministry of Finance and the Ministry of Health, providing for the regime of collection, remittance, management and use of fees for appraisal and grant of certificates of qualification for setting up private medical and pharmaceutical establishments and fees for the grant of drug registration numbers;

b/ The Finance Ministry’s Circular No. 37 TC/TCT of June 25, 1997, amending Joint Circular No. 51/TTLB of July 3, 1995, of the Ministry of Finance and the Ministry of Health, providing for the regime of collection, remittance, management and use of fees for appraisal and grant of certificates of qualification for setting up private medical and pharmaceutical establishments, and fees for grant of drug registration numbers;

c/ Joint Circular No. 65-TT/LB of July 29, 1993, of the Ministry of Finance and the Ministry of Health, providing for the collection of fees from foreign companies applying for permits to import into Vietnam drugs and raw materials for production of drugs;

d/ Provisions on fees for appraisal  of dossiers of application for registration numbers in Section VII and the table of rates of preventive medicine charges and fees, issued together with the Finance Minister’s Decision No. 21/2000/QD-BTC of February 21, 2000, promulgating the rates of preventive medicine charges and fees. 

3. Other matters related to the collection, remittance, management and use of charges and fees, receipts and publicization of collection regimes not mentioned in this Decision shall comply with the guidance in the Finance Ministry’s Circular No. 63/2002/TT-BTC of July 24, 2002, guiding the implementation of legal provisions on charges and fees.

Any problems arising in the course of implementation should be reported to the Ministry of Finance for study and additional guidance.

TABLE

OF COLLECTION RATES OF CHARGES FOR APPRAISING CONDITIONAL COMMERCIAL OPERATIONS IN THE HEALTH SECTOR, CHARGES FOR APPRAISING CRITERIA AND CONDITIONS FOR MEDICAL AND PHARMACEUTICAL PRACTICE

TABLE

OF RATES OF FEES FOR GRANTING IMPORT/EXPORT PERMITS AND MEDICAL AND PHARMACEUTICAL PRACTICE CERTIFICATES
(Issued together with the Finance Minister’s Decision No. 44/2005/TT-BTC of July 12, 2005)