Nghị định 29/2022/NĐ-CP Quy định chi tiết cơ chế, chính sách trong lĩnh vực y tế phục vụ phòng, chống dịch COVID-19

DECREE

Detailing, and providing measures to implement, the National Assembly Standing Committee's Resolution No. 12/2021/UBTVQH15 dated December 30, 2021, 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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Pursuant to the Law on Organization of the Government dated June 19, 2015 and the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the National Assembly Standing Committee's Resolution No. 12/2021/UBTVQH15 dated December 30, 2021, on allowing the application of a number of health-related mechanisms and policies for the prevention and control of COVID-19 pandemic;

At the proposal of the Minister of Health,

The Government hereby promulgates the Decree detailing, and providing measures to implement, the National Assembly Standing Committee's Resolution No. 12/2021/UBTVQH15 dated December 30, 2021, on allowing the application of a number of health-related mechanisms and policies for the prevention and control of COVID-19 pandemic.

Article 1. Scope of regulation

This Decree provides regulations on:

1. Mobilization, transferring of persons to participate in conducting COVID-19 tests, vaccination, medical examination and treatment.

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

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

4. Specific mechanisms related to drugs, drug materials designated for COVID-19 prevention and treatment.

5. Policies applicable to persons mobilized or transferred to participate in COVID-19 prevention and control who are infected with COVID-19; persons subject to medical quarantine after the working period at COVID-19 collection and treatment establishments.

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

1. Grounds for mobilization, transferring of persons to participate in conducting COVID-19 tests, vaccination, medical examination and treatment:

a) Proposals of People's Committees of provinces and centrally-run cities, Directors of provincial-level Health Departments; Chairpersons of People’s Committees of districts, provincial cities and cities under centrally-run cities that wish to support human resources participating in COVID-19 prevention and control, made according to the form provided in Appendix I to this Decree;

b) Proposals of heads of medical examination and treatment establishments, COVID-19 collection and treatment establishments and preventive medical establishments in need of support in terms of human resources participating in COVID-19 prevention and control;

c) The Minister of Health’s transferring of human resources supporting localities, medical examination and treatment establishments and preventive medical establishments to strengthen forces participating in COVID-19 prevention and control;

d) The Minister of National Defence’s and Minister of Public Security’s transferring of officers and soldiers within their management to support localities, medical examination and treatment establishments and preventive medical establishments to strengthen forces participating in COVID-19 prevention and control.

2. Competence to mobilize and transfer persons to participate in conducting COVID-19 tests, vaccination, medical examination and treatment (hereinafter collectively referred to as mobilize and assign forces to participate in COVID-19 prevention and control):

a) The Minister of Health shall mobilize and transfer forces participating in COVID-19 prevention and control nationwide, except for those under the management of the Ministry of National Defence and the Ministry of Public Security;

b) The Minister of National Defence and the Minister of Public Security shall mobilize and transfer forces participating in COVID-19 prevention and control within the scope of management;

c) Chairpersons of People's Committees of provinces and centrally-run cities, or units authorized by People's Committees of provinces and centrally-run cities shall mobilize and transfer forces participating COVID-19 prevention and control within their localities;

d) Heads of medical examination and treatment establishments, COVID-19 collection and treatment establishments, preventive medical establishments and health training institutions shall mobilize and transfer forces participating COVID-19 prevention and control within the scope of management.

Article 3. Receipt and assignment of persons to participate in conducting COVID-19 tests, vaccination, medical examination and treatment

1. Directors of provincial-level Health Departments shall receive and assign forces that are transferred and mobilized by competent agencies to each establishment to participate in conducting COVID-19 tests, vaccination, medical examination and treatment, and providing healthcare and treatment for COVID-19 patients.

2. Heads of medical examination and treatment establishments, COVID-19 collection and treatment establishments, preventive medical establishments and health training institutions shall receive and assign specific tasks for each position and person in accordance with professional requirements for COVID-19 prevention and control.

Article 4. Frequent expenditures of public COVID-19 collection and treatment establishments

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 for 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. Frequent expenditures of a public COVID-19 collection and treatment establishment include:

a) Expenses for covering frequent operations in service of COVID-19 prevention and control of the public COVID-19 collection and treatment establishment, including expenses for salary, wage, allowance and contributions in accordance with law provisions of employees working at the public COVID-19 collection and treatment establishment (including those who are mobilized and transferred from other establishments), protective clothing, face masks, disinfectant chemicals used for COVID-19 prevention and control, treatment of wastes discharged from the COVID-19 collection and treatment establishment according to professional requirements;

b) Expenses for medical examination and treatment for COVID-19 patients, including other accompanying diseases (if any);

c) Expenses for implementing policies and regimes applicable to COVID-19 patients as prescribed;

d) Expenses for implementing policies and regimes applicable to persons participating in COVID-19 prevention and control activities as prescribed;

dd) Expenses for supporting meals (if any), rental accommodations or concentrated accommodations according to regulations on business fees; expenses for travel (pick up and drop off) during the working period at the COVID-19 collection and treatment establishment for persons participating in COVID-19 prevention and control activities as prescribed.

3. Contents of expenses for salary, wage, allowance and contributions as prescribed by law for employees working at the COVID-19 collection and treatment establishment (including persons that are mobilized and transferred from other establishments):

a) Salary, wage, allowance and contributions according to the salary level of the rank, level, title as prescribed by law, for state agencies and public non-business units;

b) COVID-19 prevention and control allowance;

c) 24/24 hours pandemic prevention allowance (if being on 24-hour duty), expenses for night work and overtime work (if any), expenses for surgery and procedures;

d) Expenses for occupation-specific preferential allowance, in-kind toxic allowance, regional allowance (if any) and other allowances as prescribed.

For civil servants and public employees who do not directly work as medical professionals; and health civil servants and public employees in charge of management and service at the COVID-19 collection and treatment establishment, the head of the unit shall, based on the characteristics of the job and revenue sources, consider and decide on entitlement to the occupation-specific preferential allowance, but not exceeding 20% of the salary level of the current rank or level plus the allowance for the leadership position, the seniority allowance beyond the bracket (if any) of the beneficiaries, the payment source from non-business revenue of the unit, in case there is not enough state budget revenue to support the rest.

4. Principles of payment of expenses specified in Clause 3 of this Article:

a) Expenses specified at Points b and c shall be calculated according to the actual days participating in COVID-19 prevention and control as certified by the COVID-19 collection and treatment establishment;

b) Expenses specified at Points a and d shall be rounded by the number of months working at the COVID-19 collection and treatment establishment. In case the month has not yet been rounded, the number of odd days of 15 days or more shall be rounded to one month. If the number of odd days is less than 15, such expenses shall not be included in the expenditure of the COVID-19 collection and treatment establishment and be paid by the agency or unit managing the cadres, civil servants, public employees and employees according to its regime.

Article 5. Responsibility for payment of COVID-19 prevention and control expenses at COVID-19 collection and treatment establishments

1. Agencies and non-business units managing cadres, civil servants, public employees and employees shall be responsible for paying the following expenses:

a) Salary, wage, allowance and contributions according to the salary level of the rank, level, title for employees that are mobilized and transferred to work at COVID-19 collection and treatment establishments. Units making the Sheets detailing expenses from the units’ revenue already paid to the mobilized and transferred employees, and send them to the COVID-19 collection and treatment establishments or hospitals in charge of managing and operating COVID-19 collection and treatment establishments in accordance with Clause 2 Article 1 of the Government’s Decree No. 168/NQ-CP dated December 31, 2021, on a number of mechanisms and policies in COVID-19 prevention and control (hereinafter referred to as the managing hospitals);

b) Expenses, as specified at Points a and d Clause 3 Article 4 of this Decree, for employees under the management, who are mobilized and transferred to work at COVID-19 collection and treatment establishments in case the number of working months has not yet been rounded shall comply with the regimes of the units managing cadres, civil servants, public employees and employees;

c) Expenses for SARS-CoV-2 tests and medical quarantine after completion of the COVID-19 prevention and control tasks shall comply with the Ministry of Health’s regulations.

2. COVID-19 collection and treatment establishments and managing hospitals shall be responsible for paying expenses specified in Clause 2 Article 4 of this Decree (excluding an amount paid by agencies and non-business units managing cadres, civil servants, public employees and employees as prescribed in Clause 1 of this Article). Particularly, expenses specified at Point a Clause 1 of this Article, COVID-19 collection and treatment establishments and managing hospitals shall refund them to agencies and non-business units managing cadres, civil servants, public employees and employees that are transferred and mobilized to the COVID-19 collection and treatment establishments according to the data in the Sheets of payment for employees.

Article 6. Guidance on payment from the State budget to reimburse expenses for COVID-19 prevention and control

1. Making State budget estimates to reimburse expenses for COVID-19 prevention and control:

a) Agencies and units (including COVID-19 collection and treatment establishments and managing hospitals) shall be responsible for making State budget estimates in order to reimburse expenses for COVID-19 prevention and control under the assignment of the competent agencies within the scope of payment according to regulations from the State budget that the public health establishments have used from their financial sources (excluding aids or sponsors) or have not yet paid to the providers, or beneficiaries; then send them to the immediate superior managing agencies to sum up and send to level-I budget-estimating units according to current budget decentralization. Deadline for completion: Before September 01, 2022;

b) Level-I budget-estimating units shall sum up expenditures from the State budget in order to reimburse expenses for COVID-19 prevention and control under the competent agencies’ assignment within the scope of payment according to regulations from the State budget that the public health establishments have used from their financial sources (excluding aids or sponsors) or have not yet paid to the providers, or beneficiaries; then send them to the Ministry of Finance (for establishments established by central agencies), financial agencies at the same levels (for establishments established by local agencies) to submit the competent authorities for consideration and supplement the estimates according to the law on State budget. Deadline for completion: Before October 01, 2022;

c) In case agencies and units have been allocated a budget estimate for COVID-19 prevention and control: The agencies competent to allocate estimates for the State budget-using units must clearly state the estimated amount to be refunded to the unit that has paid in advance, the amount that has not been paid to the provider, or has not yet been paid to the beneficiaries, then send it to the financial agencies of the same levels and the State Treasury for control and payment.

2. Based on the estimated amount allocated by the competent agencies, the superior managing agencies shall allocate estimates to COVID-19 collection and treatment establishments and managing hospital under their management in accordance with the law on State budget. The agencies competent to assign estimates for the State budget-using units must clearly state the estimated amount to be refunded to the unit that has been given in advance, the amount that has not been paid to the provider, or has not yet been paid to the beneficiaries. Decisions on allocation of the to-be-refunded amount must be sent to the financial agencies of the same levels, the State Treasury for control and payment.

3. The management, use and final settlement of funds shall comply with the law on State budget. Agencies and units shall be responsible for the accuracy of the data related to the expenses for COVID-19 prevention and control in accordance with the law.

4. The payment control and dossiers of controlling to-be-refunded amount related to expenses for COVID-19 prevention and control are prescribed as follows:

a) For to-be-refunded amount related to expenses serving the COVID-19 prevention and control that have been used from the public health establishments’ financial sources:

- For COVID-19 collection and treatment establishments: Based on the estimate that has been allocated funds for covering frequent operations (including estimate of the to-be-refunded amount that has been given in advance) of the COVID-19 collection and treatment establishments, the managing hospitals shall be responsible for making the sheets of total expenses for frequent operations of the COVID-19 collection and treatment establishments that have been paid and send them to the State Treasury where the transactions are carried out.

The sheets of total expenses for frequent operations of the COVID-19 collection and treatment establishments that have been paid according to each spending content according to the form provided in Appendices II and III to this Decree must comprise: (i) Already paid amount; (ii) Amount covered by the health insurance fund, patients and other lawful sources as prescribed by law; (iii) Amount that the unit has paid from its non-business revenue source, (iv) Amount to be paid by the State budget (equal to the already paid amount minus the amount covered by the health insurance fund, patients and other lawful sources as prescribed by law).

The State Treasury where the transactions are carried out shall, based on the estimate assigned by the competent authority (including the to-be-refunded estimate), written assignment of the competent agency and the sheet of total expenses for frequent operations of the COVID-19 collection and treatment establishment that has been paid, withdraw the estimate and transfer it to the deposit account of the COVID-19 collection and treatment establishment or managing hospital that is opened at the State Treasury. The COVID-19 collection and treatment establishment and the managing hospital shall be responsible for the accuracy of the expenses for COVID-19 prevention and control as stated on the sheet of total expenses for COVID-19 prevention and control, and at the same time, take responsibility for the management, use and settlement of funds in accordance with law.

- For other agencies and units: Based on tasks assigned by the competent authorities, agencies and units shall make the sheets of total expenses for COVID-19 prevention and control that have been paid from the State budget (according to each spending content) and send them to the State Treasury where the transactions are carried out.

The State Treasury where the transactions are carried out shall, based on the estimate assigned by the competent authority (including the to-be-refunded estimate) and the sheet of total expenses for COVID-19 prevention and control that have been paid, withdraw the estimate and transfer it to the unit’s or agency’s deposit account opened at the State Treasury. Agencies and units shall be responsible for the accuracy of the expenses for COVID-19 prevention and control as stated on the sheet of total expenses for COVID-19 prevention and control (with relevant decisions and documents), and at the same time, take responsibility for the management, use and settlement of funds in accordance with law.

b) For expenses serving the COVID-19 prevention and control to be refunded to goods or service providers and beneficiaries:

The State Treasury shall control the grounds for estimates allocated by the competent authorities (including the to-be-refunded estimated amount), written assignment of the competent agencies and dossiers of controlling expenses for COVID-19 prevention and control in accordance with Article 7 of the Government’s Decree No. 11/2020/ND-CP dated January 20, 2020, on administrative procedures in the field of State Treasury (hereinafter referred to as the Decree No. 11/2020/ND-CP), the Minister of Finance’s Circular No. 62/2020/TT-BTC dated June 22, 2020, guiding the control and payment of frequent expenditures from the State budget through the State Treasury (hereinafter referred to as the Circular No. 62/2020/TT-BTC).

5. For the refund of expenses for COVID-19 medical examination and treatment of private health establishments that are assigned to receive, manage, provide healthcare and treatment for COVID-19 patients by the provincial-level competent agencies:

a) Making to-be-refunded estimates:

- The private health establishments that are assigned to receive, manage, provide healthcare and treatment for COVID-19 patients shall be responsible for summing up the expenses already paid for COVID-19 medical examination and treatment within the scope of payment from the State budget and send to the provincial-level Health Departments.

- The provincial-level Health Departments shall appraise and sum up the expenses already paid for COVID-19 medical examination and treatment within the scope of payment from the State budget and send to the provincial-level Departments of Finance.

- The provincial-level Departments of Finance shall appraise and sum up the expenses already paid for COVID-19 medical examination and treatment within the scope of payment from the State budget that have been appraised by the provincial-level Health Departments, and submit to the People's Committees of provinces and centrally-run cities for consideration and supplementation according to the law on State budget.

b) The State Treasury shall control and make payment on the basis of the estimate and decisions on assignment of tasks of the provincial-level competent agencies or contracts or records between the provincial-level Health Departments and private health establishments that are assigned to receive, manage, provide healthcare and treatment for COVID-19 patients by the competent agencies.

Article 7. Payment of medical examination and treatment costs for COVID-19 patients

1. For public COVID-19 collection and treatment establishments, except for the cases specified in Clause 4 of this Article:

a) The State budget shall pay COVID-19 medical examination and treatment costs, including:

- Medical examination cost, costs for patient beds and technical services. The payment shall be made according to the number of medical services actually provided and the health insurance-covered costs for medical examination and treatment;

- Expenses for drugs, chemicals, medical supplies, blood, and intravenous fluids that have not yet been included in the medical examination and treatment cost, or that have been used in medical examination and treatment techniques for which the costs have not yet been announced. The payment shall be made according to the actually-used quantity and the purchase price in accordance with the bidding law;

- Costs for drugs, chemicals, medical supplies, blood, and intravenous fluids that are not covered by the health insurance fund. The payment shall be made according to the actually-used quantity and the purchase price in accordance with the bidding law;

- Technical services that are not covered by the health insurance fund. The payment shall be made according to the number of medical services actually provided and medical examination and treatment costs approved by the competent authorities or managing hospitals.

b) For medical examination and treatment costs incurred during the COVID-19 treatment: The health insurance fund shall pay the medical examination and treatment costs within its scope of entitlement and the entitlement level applicable to the cases of medical examination and treatment at the appropriate level. COVID-19 patients with health insurance cards shall bear the co-paid expenses and other expenses beyond the scope of entitlement (if any) in accordance with the law on health insurance;

c) In case the COVID-19 collection and treatment establishments cannot separate medical examination and treatment cost for COVID-19 disease and costs for other diseases for payment according to sources, or cannot recover costs incurred during the treatment that the patients have to pay according to regulations due to any of force majeure reasons as prescribed in Clause 5 of this Article, the State budget shall make a payment according to the number of actually-used medical services and health insurance-covered medical examination and treatment costs.

2. Service cost and the list of drugs that are covered by health insurance shall be applied according to the rank and level of the COVID-19 collection and treatment establishments or managing hospitals.

3. The payment of COVID-19 medical examination and treatment costs at private health establishments that are assigned by the competent agencies to receive, manage, provide healthcare and treatment for COVID-19 patients shall be made on the following principles:

a) COVID-19 medical examination and treatment costs at private health establishments shall be covered by the State budget and health insurance fund according to principles specified at Points a and b Clause 1 of this Article;

b) Service cost and the list of drugs, medical supplies and cost for medical examination and treatment serving the treatment of COVID-19 disease that are covered by health insurance shall be applied according to the rank and level of the provincial-level general hospitals with the highest rank in localities;

c) The provincial Health Departments shall be responsible for entering into contracts with private health establishments that are assigned to receive, manage, provide healthcare and treatment for COVID-19 patients by the provincial-level competent agencies.

For cases that had been assigned to receive, manage, provide healthcare and treatment for COVID-19 patients by the provincial-level competent agencies before the effective date of this Decree, the payment shall be made on the basis of the decision on task assignment of the provincial-level competent agencies or contracts or records between the provincial-level Health Departments and private health establishments.

4. For the payment of medical examination and treatment costs in 2021 of hospital providing COVID-19 treatment services that are affiliated to Hanoi Medical University Hospital; intensive care units for COVID-19 patients that are affiliated to Bach Mai Hospital, Vietnam - Germany Hospital, Hue Central Hospital, University Medical Center of Ho Chi Minh City, National Lung Hospital, Vietnam National Children’s Hospital, Thai Nguyen National Hospital that are established in Ho Chi Minh City, Dong Nai province, Vinh Long province and Long An province by the Ministry of Health, and public COVID-19 collection and treatment establishments located in Ho Chi Minh City:

a) The State budget shall pay COVID-19 medical examination and treatment costs according to the actually-used quantity and the purchase price in accordance with the bidding law.

In case the COVID-19 collection and treatment establishments’ medical equipment is inadequate for carrying out some technical services, such establishments are allowed to sign medical service contracts with other qualified medical examination and treatment establishments in localities, and the State budget shall make a payment according to the health insurance-covered medical examination and treatment cost level as approved by the competent authorities.

b) The health insurance fund shall pay other medical examination and treatment costs incurred during the COVID-19 treatment within the scope of entitlement and the entitlement level applicable to the cases of medical examination and treatment at the appropriate level. COVID-19 patients with health insurance cards shall bear the co-paid expenses and other expenses beyond the scope of entitlement (if any) in accordance with the law on health insurance;

c) In case the COVID-19 collection and treatment establishments cannot separate medical examination and treatment cost for COVID-19 disease and costs for other diseases for payment according to sources, or cannot recover costs incurred during the treatment that the patients have to pay according to regulations due to any of force majeure reasons as prescribed in Clause 5 of this Article, the State budget shall make a payment according to the actually-used quantity and purchase price according to the bidding law.

5. Force majeure reasons specified at Point c Clause 1 and Point c Clause 4 of this Article include:

a) The patient dies during the treatment period but the health establishment cannot contact his/her relatives/family;

b) Patients without relatives or families and personal papers visit for medical treatment at health establishments;

c) Patients and their families or relatives cannot cover treatment costs.

6. COVID-19 collection and treatment establishments and managing hospitals shall be responsible for the accuracy and legality of the reporting data to prevent any loss, waste or negative issue.

Article 8. Guidance on payment from the State budget for COVID-19 collection and treatment establishments

1. Estimating the demand for funds: Based on the demand for funds for covering the frequent operations of the COVID-19 collection and treatment establishments, the managing hospitals shall make the estimate of the funds for frequent operations of the COVID-19 collection and treatment establishments and send it to the superior managing agencies for summarizing and submitting to the financial agencies as prescribed.

2. Based on the estimated amount allocated by the competent agencies, the superior managing agencies shall allocate estimates to COVID-19 collection and treatment establishments and managing hospital under their management in accordance with the law on State budget.

3. The management, use and final settlement of funds shall comply with the law on State budget. Units shall be responsible for the accuracy of the data related to the expenses for COVID-19 prevention and control in accordance with the law.

4. The payment control and dossiers of controlling frequent expenditures of COVID-19 collection and treatment establishments shall be made as follows:

a) For medical examination and treatment costs paid from the State budget for which the health insurance level has been prescribed: COVID-19 collection and treatment establishments and managing hospitals shall make the sheets of COVID-19 medical examination and treatment costs according to the form provided in Appendix IV to this Decree, the number of medical services actually provided and the health insurance-covered medical examination and treatment cost, then send them to the State Treasury where the transactions are carried out in order to withdraw the estimate and transfer it to the deposit accounts that the COVID-19 collection and treatment establishments and managing hospitals opened at the State Treasury. The COVID-19 collection and treatment establishment and the managing hospital shall be responsible for the accuracy of the expenses for COVID-19 prevention and control as stated on the sheet of total expenses for COVID-19 medical examination and treatment, and at the same time, take responsibility for the management, use and settlement of funds in accordance with law.

b) For others: To comply with Article 7 of the Decree No. 11/2020/ND-CP and Circular No. 62/2020/TT-BTC;

c) For private health establishments assigned by provincial authorities to receive, manage, provide healthcare and treatment for COVID-19 patients, the State Treasury shall make a payment on the basis of estimates, decisions on task assignment or contracts or records between the provincial-level Health Departments and private health establishments.

5. In case the revenue sources of the COVID-19 collection and treatment establishment (State budget, health insurance fund, payment by service users and other lawful sources as prescribed by law) cannot cover the frequent expenditure of the COVID-19 collection and treatment establishment, the State budget shall offset the difference that is less than the frequent expenditure of such COVID-19 collection and treatment establishment.

Article 9. Change of use purpose of pharmaceutical ingredients to manufacture drugs designated for COVID-19 prevention and treatment

1. A pharmaceutical ingredient that fully meets the following conditions shall be allowed to change its use purpose in order to manufacture drugs designated for COVID-19 prevention and treatment:

a) Being used to manufacture drugs designated for COVID-19 prevention and treatment;

b) Having the same quality standard and manufacturer as those of the pharmaceutical ingredient stated in the dossier of registration for drug circulation as approved by the Ministry of Health.

2. The Minister of Health shall decide on the change of use purpose of pharmaceutical ingredients to manufacture drugs designated for COVID-19 prevention and treatment.

3. Dossiers and procedures for change of use purpose of pharmaceutical ingredients to manufacture drugs designated for COVID-19 prevention and treatment:

a) A dossier must comprise: A written request for change of use purpose of pharmaceutical ingredients to manufacture drugs designated for COVID-19 prevention and treatment that is made by the drug manufacturer according to the form provided in Appendix V to this Decree, and the approved label form, user’s guide of drugs;

b) Within 5 working days after receiving the complete dossier of request for change of pharmaceutical ingredient’s use purpose sent directly or via post office by the drug manufacturer, the Minister of Health shall issue a decision on change of pharmaceutical ingredient’s use purpose. In case of refusal, a written reply clearly stating the reasons is required.

Article 10. Using free of charge domestically-manufactured drugs that are manufactured in service of the grant of certificates of registration for circulation of drugs designated for COVID-19 prevention and treatment

1. Based on the COVID-19 pandemic development, guidelines for diagnosis and treatment, effects of drugs announced by international organizations and managing agencies of foreign countries, the Ministry of Health shall send a notice to medical examination and treatment establishments nationwide to identify their needs for each active ingredient and the necessary quantity.

2. In case of wishing to use drugs, medical examination and treatment establishments shall send a document specifying the following contents to the Ministry of Health:

a) Name of the active ingredient for pharmacochemical drugs; name and type of vaccines and medicinal materials, glue, powder and herbal extract for drugs from medicinal materials and traditional drugs; formulation, concentration or pharmaceutical ingredient concentration for pharmacochemical drugs, vaccines, or volume of medicinal materials, glue, powder and herbal extract for drugs from medicinal materials;

b) Expected number of patients and the necessary quantity of drugs;

c) Commitments to taking responsibility related to the use of the proposed drugs.

3. Based on the list of demands for drugs and the list of drugs with active ingredients, formulation, types of corresponding vaccines and medicinal materials that have been granted the certificate of registration for circulation, the Ministry of Health shall send a notice of request for supporting the Ministry of Health with drugs for COVID-19 prevention and control to the manufacturers having drugs satisfying requirements in Clause 2 Article 6 of the Resolution No. 12/2021/UBTVQH15.

4. In case of approval, the manufacturers having drugs satisfying requirements specified in Clause 2 Article 6 of the Resolution No. 12/2021/UBTVQH15 shall send a written approval and the list of support drugs made according to the form provided in Appendix VI to this Decree and the commitments that drug batches satisfy requirements specified in Clause 2 Article 6 of the Resolution No. 12/2021/UBTVQH15.

5. The Ministry of Health shall, based on the capacity to support drug manufacturers and request for drug support, decide on the allocation and use of such drug batches free of charge.

Article 11. Policies applicable to persons transferred and mobilized to participate in the COVID-19 prevention and control who are infected with COVID-19

1. Persons participating in COVID-19 prevention and control activities who are currently entitled to salary from the State budget, from the non-business revenue source of public health establishments:

a) To be entitled to salary, wage, allowance and contributions according to the law during the COVID-19 treatment period. In which the health insurance fund shall cover the sickness allowance in accordance with the law on social insurance, and the remaining shall be covered by the State budget;

b) 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.

2. Persons participating in COVID-19 prevention and control activities who are not entitled to salary from the State budget but make compulsory social insurance contributions:

3. Persons participating in COVID-19 prevention and control activities who are not entitled to salary from the State budget and do not make compulsory social insurance contributions shall 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.

4. Apart from regimes specified in Clauses 2 and 3 of this Article, persons participating in COVID-19 prevention and control activities who are not entitled to salary from the State budget shall be entitled to one-off support as follows:

a) For persons participating in COVID-19 prevention and control activities from 15 consecutive days to less than 30 days: VND 1,855,000/person;

b) For persons participating in COVID-19 prevention and control activities for 30 consecutive days or more: VND 3,710,000/person.

5. The provincial-level Health Departments shall summarize the demands for financial support from the State budget for beneficiaries specified in Clause 4 of this Article, send to the provincial-level Departments of Finance for synthesis and submission to the People's Committees of provinces and centrally-run cities for consideration and supplementation of the estimate for payment in accordance with the law on State budget.

Article 12. Policies applicable to persons participating in COVID-19 prevention and control activities who are currently entitled to salary from the State budget, non-business revenue sources of public health establishments and are subject to medical quarantine after working at COVID-19 collection and treatment establishments

They shall be entitled to the full salary, wage, allowance and contributions according to the law during the medical quarantine period after working at COVID-19 collection and treatment establishments.

Article 13. Implementation provision

1. This Decree takes effect from April 29, 2022.

2. Provision of Articles 2, 3, 4, 5, 6, 7, 8, 11 and 12 of this Decree shall be applied from January 01, 2021.

Article 14. Implementation organization

1. The Ministry of Health shall be responsible for announcing on its e-portal the list of drugs, drug materials of which the certificates of registration for circulation cease to be effective in the period from the effective date of the Resolution No. 12/2021/UBTVQH15 to before December 31, 2022, but the procedures for extension of the circulation registration certificates have not yet been completed due to COVID-19 pandemic; such drugs and drug materials shall continue to be used until the end of December 31, 2022.

2. Chairpersons of People's Committees of provinces and centrally-run cities shall confirm the assignment of the tasks of receiving, managing, providing healthcare and treatment for COVID-19 patients for private health establishments in their respective localities.

Article 15. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees of provinces and centrally-run cities, and related agencies, organizations and individuals shall be responsible for the implementation of this Decree./.

* All Appendices are not translated herein.