THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
Hanoi, February 26, 2021
On procurement and use of COVID-19 vaccines
Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;
Pursuant to the November 21, 2007 Law on Prevention and Control of Infectious Diseases;
Pursuant to instructions of the Political Bureau and the Party Central Committee’s Secretariat in Official Letter No. 50-CV/VPTW of February 19, 2021, of the Office of the Party Central Committee;
Pursuant to the Government’s Decree No. 138/2016/ND-CP of October 1, 2016, promulgating the Working Regulation of the Government;
At the proposal of the Minister of Health:
Article 1. To assign the Ministry of Health to assume the prime responsibility for, and coordinate with related ministries, agencies and localities in, procuring, importing, receiving aid and donations, managing and using COVID-19 vaccines in 2021 for people aged 18 and older:
1. Quantity: Around 150 million doses. The Minister of Health shall base on the pandemic prevention and control requirements to decide on the specific quantity of vaccine doses to be procured and imported for each period.
2. Mechanism for procurement of vaccines: To apply the mechanism of procurement in special circumstances specified in Article 26 of the 2013 Law on Bidding.
Article 2. Subjects and geographical areas prioritized for vaccination and entitled to free vaccination
1. Subjects prioritized for vaccination and entitled to free vaccination:
a/ Anti-pandemic frontline forces, including:
- People working in medical establishments;
- People engaged in anti-pandemic activities (members of steering committees for COVID-19 prevention and control at all levels, staff at designated quarantine sites, people engaged in epidemiological tracking and investigation, community-based anti-COVID-19 groups, volunteers, reporters, etc.);
- Military and public security forces.
b/ Vietnamese diplomatic staff sent overseas on official missions; customs and immigration officers;
c/ Staff of essential service providers such as aviation, transport, tourism; water and electricity supply;
d/ Teachers and people working at education and training institutions; people working at agencies and administrative units whose jobs require frequent contact with people;
dd/ People with chronic diseases and people aged over 65;
e/ Residents in pandemic-hit areas;
g/ Poor people and social policy beneficiaries;
h/ People sent by competent state agencies on overseas trips, study and work abroad.
i/ Other subjects decided by the Ministry of Health based on the pandemic prevention and control requirements.
2. Geographical areas: To give vaccination priority firstly to the subjects specified in Clause 1 in pandemic-hit provinces and centrally run cities; and in these provinces and cities, those in pandemic-hit areas will be vaccinated first.
3. Based on vaccine supply capacity, to give vaccination priority to subjects engaged in pandemic prevention and control and in pandemic-hit areas.
Article 3. Funds for vaccination
1. Funds shall be allocated from the state budget according to regulations on state budget decentralization:
a/ Local budgets shall provide funds for local residents and subjects managed by local authorities.
b/ The central budget shall provide funds for subjects managed by central agencies and support for local budgets as follows:
- For mountainous and Central Highlands provinces, the central budget shall provide support equaling 70% of the actual state budget expenditures according to regulations;
- For the remaining provinces and centrally run cities:
+ Provinces and cities whose shared revenue sharing rate to the central budget is 50% or more shall take initiative in using their local budgets’ contingencies for vaccination;
+ For provinces and cities whose shared revenue sharing rate to the central budget is less than 50%: The central budget shall provide a support equaling 30% of the support amount to be provided by the state budget;
+ For the remaining localities that are unable to balance their budgets: The central budget shall provide a support equaling 50% of the support amount to be provided by the state budget;
Localities may use at most 50% of local budget contingencies and 70% of provincial-level financial reserve funds for COVID-19 pandemic prevention and control. For localities with large expenditures for COVID-19 pandemic prevention and control, if the amounts payable by local budgets exceed local resources, including 50% of local budget contingencies (of provincial-, district- and commune-level budgets) and 70% of local financial reserve funds, the central budget shall additionally allocate the excessive amount so as to help provinces and cities have sufficient sources for vaccination.
2. Aid, donations and support of domestic and foreign organizations and individuals and other lawful sources.
3. Voluntary contributions of vaccine-using organizations and individuals.
Article 4. Organization of implementation
1. The Ministry of Health shall:
a/ Act as the focal point in organizing the procurement and import of vaccines and receive vaccine aid and donations; be held responsible for the quality and prices and organize the management, distribution and use of vaccines, ensuring publicity and transparency while avoiding waste and negative practices under the instructions of the Political Bureau and Secretariat stated in Official Letter No. 50-CV/VPTW of February 19, 2021, and of the Government’s permanent body in Official Letter No. 312/VPCP-KGVX of February 8, 2021.
b/ Establish a Working Group with its head being a leader of the Ministry of Health and members being leaders of the Ministries of Finance, Planning and Investment, Public Security, Foreign Affairs, and Industry and Trade to procure and import vaccines.
c/ Formulate a vaccination plan and direct provincial-level People’s Committees to organize vaccination, ensuring safety.
d/ Prescribe in detail vaccination service prices according to the Government’s Decree No. 104/2016/ND-CP of July 1, 2016, on vaccination activities.
dd/ Receive direct aid and donations and coordinate with the Vietnam Fatherland Front Central Committee in receiving and using aid sent via the Vietnam Fatherland Front Central Committee for vaccination activities.
e/ Make periodical reports on implementation of this Resolution to the Government.
2. The Ministry of Finance shall arrange the central budget specified in Clause 1, Article 3 for procurement, import, receipt, transport and storage of vaccines and vaccination service costs at the request of the Ministry of Health, other ministries and central agencies.
3. The Ministry of Planning and Investment shall timely appraise and propose the Prime Minister to decide on procurement of vaccines in special circumstances specified in Article 26 of the 2013 Law on Bidding at the request of the Ministry of Health.
4. The Ministry of Foreign Affairs shall coordinate in seeking partners and carrying out relevant diplomatic procedures.
5. The Ministry of Transport shall coordinate in transporting vaccines at the request of the Ministry of Health.
6. The Ministries of National Defense and Public Security and related agencies shall coordinate with the Ministry of Health in formulating plans on and organizing vaccination for subjects under their management.
7. Qualified units are encouraged to organize voluntary vaccination for organizations and individuals that wish to be vaccinated and will pay by themselves vaccination costs. Organizations, units and enterprises may use funds within their allocated current expenditure estimates under the law on the state budget or their operating expenses in accordance with law to organize vaccinations for their employees or may account vaccination costs for their employees as deductible expenses when determining taxable income in accordance with the law on enterprise income tax.
8. Provincial-level People’s Committees shall submit to the same-level People’s Councils plans on allocation of local budgets for vaccination for subjects under their management.
Article 5. Implementation provisions
1. This Resolution takes effect on the date of its signing.
2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Resolution.-
On behalf of the Government
NGUYEN XUAN PHUC
 Công Báo Nos 431-432 (7/3/2021)