04 2012 TTLT BYT BTC PDF

Participants in health insurance As defined in Article 12 amending and supplementing the Law on Health Insurance; Articles 15, 21, 25 and 26 amending and supplementing the Ordinance on Incentives for Contributors to the Revolution and Article 1 of the Decree No. Participants paid for by the social insurance organization, including: a Persons on a monthly pension, benefit for loss of capacity for work; b Persons entitled to monthly social insurance benefit due to occupational accidents, occupational diseases or any illness of long-term treatment; persons from 80 years old and older entitled to a monthly Allowance for the Survivor; c Retired public servants in communes, wards and towns entitled to monthly social insurance benefits; d Persons on unemployment benefits; dd Rubber workers on monthly allowances under the Decision No. Participants partly paid for by the State, including: a Members of nearly poor households; b Students learning at educational institutions that belong to national education system; c Members of households relying on agricultural, forestry, fish farming and salt production with average standards of living. Participants as household members, including: a All members listed in family register other than the subjects as defined in Clauses 1, 2, 3 and 4 of this Article and members declared as temporary absence; b All members listed in temporary residency register other than the subjects as defined in Clause 1, 2, 3 and 4 of this Article; Example 1: Family B has five household members of which one member is retired on a pension, one member is a public servant and one member registered for temporary residency. Hence, the number of participants in health insurance is four

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Scope of governing 1. This Circular guides a number of specific contents in the implementation of the bidding of drugs procurement of the units using funds from the state budget, health insurance funds and other legitimate sources of revenue for demand of disease prevention, medical examination and treatment to ensure conformity with the specific characteristics of the drugs under the provisions of the Pharmacy Law and documents guiding the Pharmacy Law.

Other contents related to the implementation of the bidding of drugs procurement of the units using funds from the state budget, health insurance funds and other legitimate sources of revenue for the demand of disease prevention, medical examination and treatment that are not be governed by this Circular shall comply with current provisions of law on procurement. Article 2.

Subjects of application 1. This Circular shall apply to: a The units using funds from the state budget, health insurance funds, and other legitimate sources of revenue to purchase drugs for the demand of disease prevention, medical examination, and treatment.

This Circular does not apply in the following cases: a Drugs ordered by the State made payment by the state budget. Article 3. Interpretation of terms In this Circular, the following terms are construed as follows: 1. Original proprietary-name drugs : mean the drugs that are licensed for the first circulation, on the basis of full data on quality, safety, and efficiency. Generic Drugs : mean finished drugs to replace a discovery drug manufactured without a franchise license of Discovery Company and marketed after the patent and monopolies have expired.

Bioequivalence : Two drugs are considered as bioequivalence if they are bio-equivalent drugs manufactured or manufactured substitutes and their bioavailability after taking the same dose in the same test conditions as similar leading to their treatment efficacy is considered basically to be equivalent each other. Treatment equivalence : Two drugs are considered similar treatment if they are drugs manufactured similarly and after used the same dose, the efficacy of the drug including effectiveness and safety is basically the same.

Council of Drugs and Treatment : means a organization to consult for heads of the units on the issues related to drugs and treatment by drugs in the units. Competence in bidding of drugs procurement Article 4.

Competence to approve the bidding plans of drugs procurement 1. Chairmen of the Management Board for the units with BOM or heads of non-public units are responsible for approving the bidding plans of drugs procurement in case of signing contracts participating in medical examination and treatment of HI with SI agencies.

Article 5. Competence to approve bidding documents and approve the selection results for drugs supplier 1. Heads of the public units are responsible for approving bidding documents and approving the contractor selection results for drugs provision of their own units.

Where organizing centralized bidding as stipulated in Point a, Clause 3, Article 26 of this Circular, the Chairmen of provincial-level People's Committees assign the Directors of Health Departments to perform duty of investors and to be responsible for approving bidding documents and approving contractor selection results for drugs provision for the units under its respective management scope. Heads of the non-public units signing contracts of medical examination and treatment of HI with SI agencies taking responsibility for approving bidding documents and approving contractor selection results for drugs provision of their own units.

Section 2. The bidding plan of drugs procurement Article 6. Bases for the bidding plan 1. The bidding plan is established based on: a The estimate of state budget expenditures of the plan year assigned by the State competent agencies and other legal sources of revenue of the public units. Where the units have not yet been assigned estimates of state budget expenditure of plan year or not yet signed contracts of medical examination and treatment of HI, the bases for making the bidding plan must ensure fully 03 remaining bases as provided of in this Article.

Article 7. Division of bidding package Heads of the units define the division of drugs bidding package according to using needs of the units as follows: 1. Drug bidding packages by generic name. Drug bidding packages by generic name may have one or more drugs under generic names.

Drugs bidding package by of proprietary- name If in a year, it needs to use proprietary-name drugs to serve the needs of special treatment of the units, based on the consent of the Council of Drug and Treatment of the units, the units shall make bidding package by proprietary- name drugs.

The drugs that are included in drugs bidding packages by proprietary- name include: a The original proprietary-name drugs or drugs with similar treatment with the original proprietary-name drugs announced by the Health Ministry. Oriental drugs bidding packages or drugs from medicinal herbs. Article 8. The contents of each bidding package in the bidding plan 1.

Name and contents of bidding package: a For the drugs bidding packages by generic name, contents of the bidding package include names of active substances, the concentration or content, dosage form, unit, quantity and planned price including VAT. If the drug is a mixture of many components, it must inscribe fully the ingredients of drug by generic name.

Price of bidding packages a The bidding package price is the total value of drugs in the package. The units must specify funds used to pay for drugs in the bidding plan. Contractor selection forms The bidding for drugs as prescribed in this Circular is applied the form of open bidding in the country, in terms of goods. In case of using other forms of bidding, it should clearly explain for the competent persons to consider and decide.

Method of bidding The bidding for drugs as prescribed in this Circular shall comply with the method of 01 package of documents. Time for organizing selection of contractors for each bidding package shall comply with the provisions of the law on procurement. Form of contract shall comply with the provisions of the law on procurement and economic contract. Article 9. Submission for approving the bidding plans 1. Dossier may be sent by mail or sent directly through archives of the agencies to manage under the current regulations.

Dossier submitted for approving bidding plan includes: a Documents submitted for approval - An application for approval of bidding plan of drugs procurement with full contents specified in Article 8 of this Circular and the total value of the bidding packages in the bidding plan submitted for approval by the unit.

When the number and value of drugs have changed compared to the preceding year, the unit needs an explanation. Article Appraisal of the bidding plans Drug procurement bidding plans must be evaluated before submitted to the competent persons for consideration and approval. Agencies, organizations of appraisal a For the central public units: the heads of the central agencies shall decide the agencies, organizations to evaluate the drugs procurement bidding plans. The duties of the appraisal agencies, organizations a The appraisal agencies or organizations are responsible for inspection and evaluation of the contents specified in Article 6, Article 7, Article 8 and Article 9 of this Circular within a period of not exceeding 10 working days from the date of receiving all the concerned documents.

In case of insufficient documentation in accordance with provisions, the appraisal agencies or organizations are responsible for guiding the supplementation of documents and returning dossier for the unit within 5 working days from the date of receiving the documents.

Documents submitted for approval are sent by mail or sent directly through the archives of agency of the competent persons to approve bidding plan for management under current regulations.

Approval of the bidding plans Competent persons to approve drugs procurement bidding plans provided for in Article 4 of this Circular shall have approved the drugs procurement bidding plans for a period of not exceeding 05 working days after receiving complete appraisal reports of the agencies and organizations in charge of appraisal. Section 3. The bidding documents Article Establishment of bidding documents. Dossier for invitation for drugs bid is built under the provisions of the Procurement law, the written guidance of the current Law and guidance of the Ministry of Health on the establishment of dossier for invitation for drugs bid in the health facilities.

Responsibility for submission for approval Based on the bidding plan approved by the competent authority, the team of bidding experts established by the unit head shall compile and submit for approval of bidding documents to the unit head and agency or organization evaluating bidding documents for a period of not more than 15 working days after receiving the bidding plan that has been approved by competent authority.

Contents of bidding documents To comply with current regulations and guidance on bidding documents for procurement of goods, the provisions in Article 7 and Article 8 of this Circular and guidance of the Ministry of Health; to comply with the provisions of Clause 72, Section I, Part I of plan to simplify the administrative procedures under the management functions of the Health Ministry issued together with the Resolution No.

Appraisal of bidding documents 1. Dossier for invitation for drugs procurement bid must be evaluated before submitted to the competent persons for consideration and approval. Agency, organization evaluating bidding documents shall be decided by the unit head. In the case of centralized procurement organization as stipulated at Point a, Clause 3, Article 26 of this Circular, Director of Department of Health decides to establish an organization evaluating bidding documents. The obligations of the appraisal agencies, organizations a The appraisal agencies, organizations are responsible for inspecting and evaluating the contents of bidding documents in accordance with the Procurement Law, the current guidelines on procurement and other regulations in this Circular for a period of not more than 10 working days from receipt of all concerned documents.

Documents submitted for approval are sent by mail or sent directly through the agency achieves of persons competent to approve bidding plan for management under current regulations.

Approval of bidding documents The unit heads are responsible for approving bidding documents for a period of not more than 05 working days after receiving the full evaluation reports of the agencies or organizations presiding over the evaluation of bidding documents.

Section 4. Contractor selection results Article Evaluation of bids The bidders submit 03 sets of bids 01 original and 02 copies to invite tendering party. Method of submitting documents and period of validity of the documents shall be specified by the invite tendering party on the basis of the provisions of Procurement Law. The invite tendering party evaluates the bids by each item in each package, in compliance with the provisions of the Procurement law, the law guiding documents, and guidelines of the Ministry of Health.

Review and approval for winning bid 1. The review and approval for winning bid must comply with the provisions of the Procurement Law, the law guiding documents, and guidelines of the Ministry of Health. For drugs bidding packages by generic name: Each group of drugs under generic name specified in clause 1 of Article 7 of this Circular is considered for bid winning only 01 type of drug meeting the technical requirements and quality specified in the bidding documents and with bid price evaluated as lowest in the group of drugs.

For drugs bidding packages under the proprietary name and oriental-drug bidding packages or drugs from the pharmaceutical herbs: Each drug shall be considered bid winning only 01 type of drug with bid price evaluated as lowest in the items meeting the technical requirements and quality specified in the bidding documents 4.

Giving priority winning selection of drugs produced domestically with similar quality and price not higher than drugs imported at the time of bidding. Submission for approval of contractor selection results 1. Responsibility for submission for approval Agencies, organizations assigned by heads of the units the task of bidding organization shall review and approve the bid winning and report the results of selection of contractors to unit heads, and send to the agencies and organizations in charge of evaluating the results of selection of contractor stipulated in Clause 1, Article 18 of this Circular 01 set of dossier submitted for approval of contractor selection result within 45 days after bid opening is made.

Dossier submitted for approval of contractor selection results a 01 original of report on the evaluation of bids and proposals for bid winning b 01 set of bidding documents copies that has been evaluated and approved as prescribed in Articles 12, 13, 14, 15 and 16 of this Circular and the current provisions of law on procurement.

Dossier submitted for approval of contractor selection results is sent by mail or sent directly through achieves of agencies and organizations in charge of evaluating results of selection of contractors for management under the current regulations. Appraisal of results of contractor selection 1. Agencies, organizations appraising the contractor selection results shall be decided by the unit head. The tasks of the appraisal agencies, organizations The appraisal agency or organization is responsible for the inspection, evaluation, and compilation of report of contractors selection results under the provisions of this Circular and the current provisions of law on procurement within a period of not exceeding 15 working days from the date of receipt of all relevant documents to submit to the unit head for review and approval of contractor selection result.

Dossiers submitted for approval of contractor selection results includes: a 01 original of report on contractor selection result. Dossiers submitted for approval of contractor selection results is sent by mail or sent directly through achieves of agencies and organizations in charge of evaluating results of selection of contractors for management under the current regulations.

Approval and notification of results of contractor selection 1. The unit head is responsible for approval of contractor selection results under the current provisions of law on procurement within 03 working days after receiving the full dossier submitted for approval of contractor selection results of the appraisal agencies, organization as provided for in Clause 3, Article 18 of this Circular.

Unit head shall notify the contractor selection results under the current provisions of law on procurement. Bid winning drug prices 1.

Bid winning price of each drug item is not be higher than price of such drug item in the bidding plan that has been approved by competent authority. When there is any drug item in the drug bidding package that bid prices of all bidders are higher than the planned price of the drug item that has been approved by competent authority, head of unit shall notify in writing that there is no winning bidder and cancel the bidding of such drug item to make a re-selection of contractor under the current provisions of law on procurement.

Where necessary, it must ensure adequate drugs to meet the needs of medical examination and treatment of units, the unit heads or the Directors of Health Departments in case the Departments of Health organize the centralized bidding are considered and decided the selection of drugs won bidding on the basis of the written requests of the Council of Drug and Treatment of the units or agencies or organizations presiding over the evaluation of the bidding results in the case Departments of Health organize the centralized bidding if it satisfies sufficiently the following conditions: a Prices of drugs approved for bid winning do not exceed the maximum prices of those drugs published by the Ministry of Health at the nearest time.

In the case of maximum prices have not yet been announced, the prices of drugs approved for bid winning shall not exceed the wholesale price declared, re-declared which are still valid of those drugs.

Section 5. Other provisions Article

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Thông tư liên tịch 01/2012/TTLT-BYT-BTC

Lost medicines during the course of preparation or dose division before dispensing to patients. Maximum price bracket for medical examination and treatment services not covered by health Circular No. Expired medicines used for first aid, antidotes and rare medicines obliged to be stored to serve the treatment. Time point to include salary expenses in prices for medical examination and treatment covered by health insurance Dispatch No. The lists of technical qualifications related to examination and treatment issued together with the Circular No. Regulations on rate and payment for medicine loss at health facilities Circular No. Accordingly, in comparison with the old List, this new List is added more medical supplies covered by health insurance fund, in which including prosthetics and implants.

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