Resolution 12/2021/UBTVQH15 allowing the application of health-related policies for COVID-19 prevention

RESOLUTION

On allowing the application of a number of health-related mechanisms and policies for the prevention and control of COVID-19 pandemic

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THE NATIONAL ASSEMBLY STANDING COMMITTEE

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to the Law on Organization of the National Assembly No. 57/2014/QH13, amended and supplemented under the Law No. 65/2020/QH14;

Pursuant to the Resolution No. 30/2021/QH15 dated July 28, 2021, at the first session of the 15^th National Assembly,

RESOLVES:

Article 1. Scope of regulation and subjects of application

1. This Resolution prescribes the permission to apply a number of health-related mechanisms and policies for the prevention and control of COVID-19 pandemic, including:

a) Mobilization, assignment of persons to participate in conducting COVID-19 tests, vaccination, medical examination and treatment;

b) Frequent expenditures of public COVID-19 collection and treatment establishments and refund of expenses for COVID-19 prevention and control;

c) Payment of medical examination and treatment costs for COVID-19 patients;

d) Remote medical examination and treatment for COVID-19 patients and those who cannot go to medical examination and treatment establishment due to COVID-19 pandemic;

dd) Management of drugs, drug materials amidst COVID-19 pandemic;

e) Valorization of medical equipment prices for COVID-19 prevention and control;

g) Policies applicable to persons mobilized to participate in COVID-19 prevention and control who are infected with COVID-19 or subject to medical quarantine after the pandemic prevention period.

2. This Resolution applies to domestic and foreign agencies, organizations and individuals in Vietnam.

Article 2. Mobilization, assignment of persons to participate in conducting COVID-19 tests, vaccination, medical examination and treatment

1. In case human resources of the unit or locality does not meet requirements for COVID-19 prevention and control, in addition to mobilizing and assigning people with profession suitable to the requirements of COVID-19 prevention and control as prescribed by law, the competent agency or person may mobilize and assign the following persons to participate in conducting COVID-19 tests, vaccination, medical examination and treatment:

a) Medical practitioners in Vietnam (including foreigners) may conduct COVID-19 tests, vaccination, medical examination and treatment other than the scope of professional operation under a medical practice certificate;

b) Foreigners and overseas Vietnamese who have been granted a medical practice license are allowed to conduct COVID-19 tests, vaccination, medical examination and treatment at medical establishments that are assigned or established to receive, manage, take care and provide treatment for COVID-19 patients (hereinafter referred to as COVID-19 collection and treatment establishments) without having medical practice certificates granted by Vietnamese competent agencies;

c) Students of medical schools; persons eligible for being granted a medical practice certificate but not yet been granted a medical practice certificate may participate in conducting COVID-19 tests, vaccination, medical examination and treatment.

2. The Government shall detail this Article.

Article 3. Frequent expenditures of public COVID-19 collection and treatment establishments and refund of expenses for COVID-19 prevention and control

1. Frequent expenditures of public COVID-19 collection and treatment establishments (including salary, wage, allowance and contributions in accordance with law provisions) shall be covered by the State budget, health insurance fund, payment of service users and other lawful revenues in accordance with law provisions, in which, the State budget shall be implemented according to the following decentralization:

a) Central budget shall ensure frequent expenditures for COVID-19 collection and treatment establishments established by central authorities, excluding the local budget already supported to COVID-19 collection and treatment establishments;

b) Local budget shall ensure frequent expenditures for COVID-19 collection and treatment establishments established by local authorities. In case where the local budget fails to cover such expenditures, the central budget shall provide support.

2. State budget shall refund costs related to COVID-19 prevention and control according to the assignment of competent agencies within its scope of payment that have been paid by the public health establishments from their financial sources (excluding aid or sponsor).

3. The Government shall detail this Article.

Article 4. Payment of medical examination and treatment costs for COVID-19 patients

1. The payment of medical examination and treatment costs for COVID-19 patients at public health establishments is prescribed as follows:

a) To comply with the National Assembly Standing Committee's Resolution No. 268/NQ-UBTVQH15 dated August 06, 2021, on allowing the Government to promulgate Resolutions with provisions other than those prescribed by law for COVID-19 prevention and control.

b) In case COVID-19 collection and treatment establishments cannot separate costs related to medical examination and treatment for COVID-19 and other diseases to make payment by sources or cannot collect costs to be paid by patients as prescribed due to force majeure events, the State budget shall pay in accordance with the Government's regulations.

2. Medical examination and treatment costs related to COVID-19 at private health establishments shall be paid by local authorities that assign such establishments tasks of receipt, management, taking care of and treatment of COVID-19 patients in accordance with Point a Clause 1 of this Article according to the payment level of the district-level general hospitals with the highest rank in localities.

3. The Government shall detail this Article.

Article 5. Remote medical examination and treatment for COVID-19 patients and those who cannot go to medical examination and treatment establishment due to COVID-19 pandemic

1. To allow the method of remote medical examination and treatment for COVID-19 patients and those who cannot go to medical examination and treatment establishment due to COVID-19 pandemic with the following main contents:

a) Remote medical examination and treatment means the coordination between medical practitioners of different medical examination and treatment establishments through telephone, electronic devices or other devices with information technology application to provide medical examination and treatment for patients;

b) Medical practitioners and remote medical examination and treatment establishments shall take responsibility for their diagnosis results, indication, medical treatment method and prescription in accordance with the law on medical examination and treatment.

2. Remote medical examination and treatment activities must be carried out by persons who have been granted a medical practice certificate, medical examination and licensed treatment establishment satisfying requirements for medical equipment and information infrastructure.

3. The Minister of Health shall detail this Article and the payment of remote medical examination and treatment costs.

Article 6. Management of drugs, drug materials amidst COVID-19 pandemic

1. The Minister of Health shall consider and decide on the use of pharmaceutical ingredients licensed to import in accordance with the law on pharmacy for other purposes to manufacture drugs that have already been granted a certificate of registration for circulation and are indicated for prevention and treatment of COVID-19 disease.

2. In case of lack of drugs for prevention and treatment of COVID-19 disease, the Minister of Health shall decide on using free of charge domestically manufactured drugs which are manufactured for the grant of certificates of registration for circulation of drugs indicated for prevention and treatment of COVID-19 disease, provided that such drugs fully satisfy the following conditions:

a) Being manufactured in accordance with the manufacturing procedure as stated in the dossier of registering for circulating drugs that have been appraised and granted a certificate of registration for circulation by the Ministry of Health;

b) Satisfying all contents stated in the dossier of registering for circulating drugs approved by the Ministry of Health;

c) Obtaining approval from the manufacturers.

3. The grant of certificates of registration for circulation of drugs just indicated for prevention and treatment of COVID-19 disease (excluding vaccines) that are manufactured in other countries and have been granted a circulation certificate or circulation license, are used conditionally by one of the stringent regulatory authorities (SRA) announced by the World Health Organization as follows:

a) Within 10 working days after receiving complete dossiers as prescribed by pharmacy law, the Ministry of Health shall appraise administrative dossiers to grant the circulation registration certificate on a basis of acceptance of licensing results by stringent regulatory authorities (SRA). It is not required to appraise technical dossiers, evaluate the satisfaction of good manufacturing practices for manufacturers in accordance with the law on pharmacy. Establishments registering drugs shall take responsibility for the accuracy and legalness of the technical dossiers, and dossiers of evaluating the satisfaction of good manufacturing practices for manufacturers;

b) The Ministry of Health shall technically and professionally examine and evaluate technical dossiers and dossiers of evaluating the satisfaction of good manufacturing practices for manufacturers.

4. For domestically manufactured drugs newly indicated for prevention and treatment of COVID-19 disease (excluding vaccines) that contain the same active ingredients, formulation and route of administration with drugs already indicated for prevention and treatment of COVID-19 disease that have been granted a circulation license or license for emergency use or circulation license, are used conditionally by stringent regulatory authorities (SRA), it is not required to submit their clinical dossiers in the dossiers of requesting for granting certificates of registration for circulation.

5. Certificates of registration for marketing authorization of drugs or drug materials that are invalid during the period between the effective date of this Resolution and before December 31, 2022, but fail to timely carry out procedures for extension of circulation registration certificates due to COVID-19 pandemic, shall continue to be used until the end of December 31, 2022 for medical examination and treatment.

6. The Government shall detail Clause 1 and Clause 2 of this Article.

Article 7. Valorization of medical equipment prices

1. To add medical equipment for the prevention and control of COVID-19 pandemic in the List of goods and services subject to price valorization.

Based on actual situation, the Government shall specify medical equipment serving the prevention and control of COVID-19 pandemic that are applied price valorization measures.

2. The application of price valorization measures for medical equipment for the prevention and control of COVID-19 pandemic specified in Clause 1 of this Article shall comply with the law on prices.

Article 8. Policies applicable to persons mobilized or assigned to participate in COVID-19 prevention and control who are infected with COVID-19, and persons subject to medical quarantine after working period at COVID-19 collection and treatment establishments

1. To be entitled to salary, wage, allowance according to their salaries and contributions according to law provisions during the COVID-19 treatment period or medical quarantine period with the current benefit rate from the Social insurance fund and State budget, in which the Social insurance fund shall pay in accordance with the law on social insurance and the State budget shall pay the remains.

2. To be entitled to COVID-19 prevention and control regimes if they participate in performing COVID-19 prevention and control tasks during the COVID-19 treatment period.

3. The Government shall detail this Article.

Article 9. Effect

1. This Resolution takes effect on the date of its signing.

2. Provision of Articles 3, 4 and 8 of this Resolution shall be applied from January 01, 2021.