Resolution 80/2023/QH15 use certificates of free sale of drugs or drug materials, which expire from January 1, 2023, to December 31, 2024

RESOLUTION

On the continued implementation of a number of policies on COVID-19 prevention and control and use of certificates of free sale of drugs and drug materials which expire during the period from January 1, 2023 to December 31, 2024^[1]

THE NATIONAL ASSEMBLY

Pursuant to the Constitution of the Socialist Republic of Vietnam;

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

After considering the Government’s Document No. 494/TTr-CP and Report No. 495/BC-CP of December 21, 2022, Appraisal Reports No. 1356/BC-UBXH15, No. 1357/BC-UBXH15, and No. 1357/BC-UBXH15 of December 29, 2022, of the National Assembly’s Committee for Social Affairs, and the National Assembly Standing Committee’s Report No. 397/BC-UBTVQH15 of January 9, 2023, on explanation, assimilation and modification of opinions of National Assembly deputies.

RESOLVES:

Article 1. Results of the implementation of the policies on COVID-19 prevention and control under Resolution No. 30/2021/QH15 of July 28, 2021, of the XV^th National Assembly, the 1^st session

1. Contents of the policies on COVID-19 prevention and control under Resolution No. 30/2021/QH15 of July 28, 2021, of the XV^th National Assembly, the 1^st session (below referred to as Resolution No. 30/2021/QH15) are unprecedented legislative initiatives in the country’s legislative activities; are proper and timely decisions in response to practical requirements, demonstrating the high sense of responsibility of the National Assembly toward the people, affirming that the National Assembly always acts and accompanies the Government and the entire political system in the epidemic prevention and control, with the spirit of putting people’s lives, health and safety first and foremost, while ensuring the socio-economic recovery and development.

Resolution No. 30/2021/QH15 has provided a solid legal ground at the emergency moment when the COVID-19 broke out for the National Assembly Standing Committee, Government, Prime Minister, ministries, sectors and local administrations to make creative, flexible, prompt and effective decisions in the leadership, direction, and organization of implementation of measures for the epidemic prevention and control as in the state of emergency; especially, the Government issued on October 11, 2021, Resolution No. 128/NQ-CP  promulgating the provisional regulation on safe and flexible adaptation to and effective control of the COVID-19, and proactively, creatively and flexibly applied and redirected the COVID-19 prevention and control strategy in a timely and correct manner at every decisive moment, thus contributing to controlling the epidemic and mobilizing the participation of the entire political system and the strength of the great national solidarity.

2. The National Assembly recognizes and highly appreciates the drastic, prompt and effective direction and administration by the Government, Prime Minister and National Steering Committing for COVID-19 Prevention and Control, ministries, sectors, party agencies and local administrations in organizing the implementation of the COVID-19 prevention and control specified in Resolution No. 30/2021/QH15. With the solidarity, joint effort, unanimity and determination to overcome all difficulties, the strong commitment of the entire Party, the Army, the people and frontline forces in fighting the epidemic, donations and support of the business and international communities, the epidemic has been successfully controlled for enabling the country to return to the new normal state and bringing socio-economic stability, recovery and development. This achievement is attributed to the wise, proactive and drastic leadership of the Party and State leaders, the active participation of the Vietnam Fatherland Front and its affiliated organizations and all the people.

3. The National Assembly basically approves contents of the Government’s Report No. 495/BC-CP of December 21, 2022, on evaluation of the implementation of Resolution No. 30/2021/QH15, on policies on COVID-19 prevention and control, showing achievements and limitations and their causes. Many policies, measures and solutions provided in Resolution No. 30/2021/QH15 have basically been implemented synchronously, effectively and completely with special, exceptional and particular measures, thus contributing to promptly addressing difficulties and tackling obstacles, thereby generating resources for the COVID-19 prevention and control.

4. The National Assembly realizes that problems and limitations still exist in the implementation of the policies on COVID-19 prevention and control provided in Resolution No. 30/2021/QH15, especially the promulgation of documents guiding the implementation of policies, solutions and measures set forth in Resolution No. 30/2021/QH15 and resolutions of the National Assembly Standing Committee every time now and then remains slow, asynchronous and inconsistent with the reality; the propaganda and dissemination work is sometimes untimely; the extension of certificates of free sale of drugs and drug materials remains slow which gives rise to the risk of drug shortage; the payment and account-finalization of expenses related to the COVID-19 prevention and control and medical examination and treatment costs payable by COVID-19 patients remain unsatisfactory.

The aforesaid problems and limitations are attributed to various reasons, particularly complicated, unpredictable and unprecedented developments of the COVID-19 in the world and the country. As a result, the implementation of the COVID-19 prevention and control measures has been carried out under pressing conditions and required a learning-by-doing attitude; in certain localities, the extended social distancing has caused adverse impacts on the social welfare. Meanwhile, the medical system, particularly grassroots and preventive healthcare establishments, failed to meet requirements on the capability for the COVID-19 prevention and control; the coordination in the COVID-19 prevention and control leadership and direction among ministries, sectors and local administrations remained awkward, untimely and ineffective; and some administrative procedures have not been appropriate to the epidemic situation.

Article 2. Policies on COVID-19 prevention and control to be further implemented from January 1 through December 31, 2023

1. Expenses for the COVID-19 prevention and control of medical establishments and facilities for concentrated quarantine and treatment of COVID-19 patients and regimes and policies applicable to persons assigned or mobilized to take part in the COVID-19 prevention and control that incurred before December 31, 2022, which have not been fully paid yet, will be fully paid under Article 2, Clauses 1 and 2, Article 3; Clauses 1 and 2, Article 4, and Article 8 of the National Assembly Standing Committee’s Resolution No. 12/2021/UBTVQH15 of December 30, 2021, permitting the implementation of a number of mechanisms and policies in the health sector for the COVID-19 prevention and control work (below referred to as Resolution No. 12/2021/UBTVQH15), and regulations detailing and guiding the implementation thereof. Funding sources for these expenses and costs, regimes and policies shall be carried forward into the 2023 budget year for payment, accounting and account finalization. 

2. The payment of the COVID-19 prevention and control expenses for medical facilities and costs of medical examination and treatment payable by COVID-19 patients shall continue complying with Clause 2, Article 1 of the National Assembly Standing Committee’s Resolution No. 268/NQ-UBTVQH15 of August 6, 2021, permitting the Government to adopt resolutions with some contents different from those provided by law to meet the requirements of the COVID-19 prevention and control work (below referred to as Resolution No. 268/NQ-UBTVQH15), Article 2; Clauses 1 and 2, Article 3; Clauses 1 and 2, Article 4; and Article 8 of Resolution No. 12/2021/UBTVQH15, and their detailing and guiding documents.

3. Goods retained at duty-free shops, warehouses of duty-free shop enterprises and bonded warehouses for which the retention period has been extended under the National Assembly Standing Committee’s Resolution No. 10/2021/UBTVQH15 of December 8, 2021, on extension of the period of goods retention at duty-free shops, warehouses of duty-free shop enterprises and bonded warehouses to meet requirements of the COVID-19 prevention and control, may continue to be retained from January 1 through December 31, 2023, at the latest.

Goods consigned into bonded warehouses that have their retention period extended under this Clause shall be exported through international or main border gates.

Article 3. Use of certificates of free sale of drugs and drug materials that expire during the period from January 1, 2023, to December 31, 2024

1. Certificates of free sale of drugs and drug materials that expire during the period from January 1, 2023, to December 31, 2024, for which the registrants have submitted dossiers and registrations for extension of validity under Clause 5, Article 6 of Resolution No. 12/2021/UBTVQH15 but not yet obtained any timely extension under the Law on Pharmacy, may continue to be used from their expiration date until December 31, 2014, except for the following cases:

a/ Drugs and drug materials are revoked in accordance with the law on pharmacy;

b/ Drugs showing signs that they become unsafe for use are suspended from trading and use and sealed for preservation in accordance with the law on pharmacy;

c/ Drugs have free sale certificates with the validity duration of 3 years in accordance with the law on pharmacy.

2. The Ministry of Health shall announce the list of drugs and drug materials with free sale certificates and eligible for further use under Clause 1 of this Article.

Article 4. Effect

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

2. Resolutions of the National Assembly Standing Committee to implement Resolution No. 30/2021/QH15 referred to in the Appendix to this Resolution cease to be effective from January 1, 2023, except for Clause 2, Article 1 of Resolution No. 268/NQ-UBTVQH15, Article 2, Clauses 1 and 2, Article 3, Clauses 1 and 2, Article 4, and Article 8 of Resolution No. 12/2021/UBTVQH15, and the contents detailing and guiding the implementation thereof continue to be effective from January 1 through December 31, 2023.

Article 5. Organization of implementation

1. The Government, the Prime Minister, ministries, ministerial-level agencies, government-attached agencies, the Supreme People’s Court, the Supreme People’s Procuracy, the State Audit Office of Vietnam, and local administrations shall expeditiously amend, supplement or replace documents falling within their competence to effectively and promptly implement this Resolution, and annul documents under their competence which were promulgated under Resolution No. 30/2021/QH15, except detailing and guiding contents that  continue to be effective under Clause 2, Article 4 of this Resolution.

2. The Government is assigned to implement the following solutions:

a/ Reviewing and deciding on the procurement of commodities of quantities larger than the actual demand for reserve in case of complicated and unexpected developments of the COVID-19; and the use of drugs, supplies, chemicals, biological products and equipment purchased with the state budget funds for COVID-19 examination and treatment purposes that are switched for use in the ordinary medical examination and treatment;

b/ Deciding to remove obstacles in the payment and account -finalization of medical examination and treatment costs of COVID-19 patients, and regimes and policies applicable to persons engaged in the COVID-19 prevention and control; and in the procurement of drugs, supplies, chemicals and equipment for the COVID-19 prevention and control which have been carried out in the forms of advance payment, fund borrowing, mobilization of funding sources, and receipt of aid and donations;

c/ Continuing to review and improve mechanisms, policies, sources and forecast capacities, intensifying biomedical researches, developing the domestic pharmaceutical, vaccine and biological products and medical equipment manufacturing so as to take the initiative in preventing and controlling the epidemic, responding to new strains of SARS-CoV-2 virus and emerging dangerous infectious diseases with a view to enhancing the effectiveness of public healthcare.

3. For the COVID-19 prevention and control tasks that have been carried out in accordance with regulations and policies and set forth in written documents promulgated under Resolution No. 30/2021/QH15, when carrying out inspection, examination, supervision, auditing, payment, account finalization and other law enforcement activities, collation with and application of relevant regulations and specific provisions of Resolution No. 30/2021/QH15 are required.

4. The National Assembly Standing Committee, the National Assembly Committee for Ethnic Affairs, other National Assembly Committees, National Assembly deputies’ delegations, and National Assembly deputies shall, within the ambit of their tasks and powers, supervise the implementation of this Resolution. 

5. The Vietnam Fatherland Front and its member organizations shall supervise, and mobilize people from all walks of life to participate in, the implementation of this Resolution.

This Resolution was adopted on January 9, 2023, by the XV^th National Assembly of the Socialist Republic of Vietnam, at its 2^nd session.-

Chairman of the National Assembly
VUONG DINH HUE

* The Appendix to this Resolution is not translated.