Nghị quyết 16/NQ-CP 2021 về chi phí cách ly, khám chữa bệnh Covid-19

RESOLUTION

Prescribing the expenses for medical quarantine, medical examination and treatment and some specific regulations in COVID-19 pandemic prevention and control

_____________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated June 19, 2015; 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 Law on Prevention and Control of Infectious Diseases dated November 21, 2007;

Pursuant to the Government’s Decree No 138/2016/ND-CP dated October 01, 2016 on promulgating the working regulation of the Government;

At the proposal of the Minister of Health and opinions from members of the Government,

RESOLVES:

Article 1. Regarding expenses for medical quarantine and medical examination and treatment during the quarantine period

 1. Foreigners and overseas Vietnamese who enter Vietnam and are not subjected to concentrated quarantine according to the pandemic prevention and control requirements

a) Must comply with medical agency’s SARS-CoV-2 testing indications and bear the testing costs at the current rates for medical services.

The above regulation shall not be applicable to members of high-ranking diplomatic delegations, investors, business managers, experts and guests invited by Ministers, Heads of ministerial-level agencies, government-attached agencies and Chairpersons of provincial-level People’s Committees. The testing indications for the above-mentioned persons shall be agreed by the Ministry of Health and the invited agencies. The Ministers, Heads of ministerial-level agencies, government-attached agencies and Chairpersons of provincial-level People's Committees shall decide whether an individual is exempted from SARS-CoV-2 testing costs or not.

b) Agencies and organizations that invite persons on entry shall have to notify the local Department of Health about the list of the entrants and addresses of their accommodations for organization of medical surveillance and COVID-19 diagnosis as prescribed.

2. Foreigners and overseas Vietnamese who enter Vietnam and are subjected to concentrated quarantine according to the pandemic prevention and control requirements

a) Must have a valid international health insurance certificate guaranteeing medical examination and treatment in Vietnam consistent with the period of stay in Vietnam.

Must isolate themselves at hotels or resorts (not isolate in military barracks, military schools or other concentrated quarantine establishments as decided by the competent agencies).

c) Must bear expenses for:

- Transport from ports of entry (in Vietnam) to quarantine establishments;

- SARS-CoV-2 testing and diagnosis at the current rates for medical services;

- Expenses for meals, accommodations and daily needs (including expenses for disinfection and sterilization; expenses for security assurance and other expenses) as announced by the hotels, resorts or owners of means of transport.

3. Vietnamese people who go abroad for working, studying, tourism, medical examination and treatment and visiting their relatives must be quarantined at concentrated establishments when they return to Vietnam according to the pandemic prevention and control requirements

a) If they choose to isolate themselves at hotels and resorts, they have to pay expenses specified at Point c, Clause 2, Article 1 of this Resolution.

b) If they are subjected to concentrated quarantine at military barracks, military schools or other concentrated establishments as decided by the competent State agencies according to provincial-level People's Committees’ decisions, they have to pay the following expenses for the quarantine establishments:

- Expenses for transport from ports of entry (in Vietnam) to concentrated quarantine establishments;

- SARS-CoV-2 testing and diagnosis at the current rates for medical services;

- Cost of meals is VND 80,000/person/day;

- Expenses for living needs during the concentrated quarantine period (drinking water, towels, masks, hand sanitizer, antiseptic oral rinses, toothbrush, soap and other necessary equipment and expenses) with the total cost of VND 40,000/person/day.

If a person subjected to concentrated quarantine is member of a poor or near-poor household as prescribed, expenses specified at Point b of this Clause shall be covered by the State budget.

4. Vietnamese people who are sent abroad for working, studying or researching by competent State agencies; members of overseas Vietnamese agencies, their husbands or wives and minor children must be quarantined at concentrated establishments when they return to Vietnam

a) If they choose to isolate themselves at hotels and resorts, they have to pay expenses specified at Point c, Clause 2, Article 1 of this Resolution. Costs for SARS-CoV-2 testing and diagnosis shall be covered by the State budget.

b) If they are subjected to concentrated quarantine at military barracks, military schools or other concentrated establishments as decided by the competent State agencies, expenses specified at Point b, Clause 3, Article 1 of this Resolution shall be covered by the State budget.

5. Vietnamese people residing in Vietnam who are subject to concentrated quarantine according to the pandemic prevention and control requirements

a) If they choose to isolate themselves at hotels and resorts, they have to pay expenses specified at Point c, Clause 2, Article 1 of this Resolution.

b) If they are subjected to concentrated quarantine at military barracks, military schools or other concentrated establishments as decided by the competent State agencies, they shall only pay for meals with the cost of VND 80,000/person/day for concentrated quarantine establishments. The following expenses shall be covered by the State budget:

- Expenses for transport from establishments/locations where the people subjected to quarantine are detected to the concentrated quarantine establishments;

- Costs for SARS-CoV-2 testing and diagnosis;

- Expenses for living needs during the concentrated quarantine period (drinking water, towels, masks, hand sanitizer, antiseptic oral rinses, toothbrush, soap and other necessary equipment and expenses) with the total cost of VND 40,000/person/day.

If a person subjected to concentrated quarantine is member of a poor or near-poor household as prescribed, expenses specified at Point b of this Clause, including cost of meal (VND 80,000/person/day) shall be supported by the State budget.

6. People who participate in the pandemic prevention and control and are subjected to concentrated quarantine shall be entitled to the policies specified in Clause 4, Article 1 of this Resolution.

7. The payment of other medical examination and treatment expenses for a person who is in the concentrated quarantine period and suffer other disease requiring medical examination and treatment is prescribed as follows:

a) For those with health insurance cards, the health insurance fund shall pay the medical examination and treatment expenses within the scope of health insurance coverage like cases of medical examination and treatment on the right route. The quarantined person shall pay the co-payments and other expenses that are not covered by health insurance fund (if any) according to the law on health insurance.

b) For a person without health insurance card, the medical examination and treatment expenses shall be paid by himself/herself at the current rates for medical services.

Article 2. Allowance regimes for pandemic prevention and control:

1. The following persons shall be entitled to the pandemic prevention and control allowance of VND 300,000/person/day:

a) Persons performing the monitoring, investigation and verification of the pandemic;

b) Persons directly examining, diagnosing and treating the infected cases and suspected cases in the quarantine areas of the medical examination and treatment establishments.

c) Persons collecting and pooling samples, separating samples and persons directly carrying out SARS-CoV-2 tests at the medical establishments.

d) Persons cleaning, disinfecting and killing pathogens in areas where the infected persons are treated.

2. The following persons shall be entitled to the pandemic prevention and control allowance of VND 200,000/person/day:

a) Persons transiting patients and patient samples; preserving patient corpses; washing cloth, doctor and patient’s clothes; collecting chemical bottles and containers; protecting the quarantine treatment areas; cleaning, disinfecting and killing pathogens in quarantine areas in the medical examination and treatment establishments.

b) Persons carrying out epidemiological surveillance and medical surveillance at home and quarantine establishments as designated by state management agencies.

c) Persons cleaning equipment and conducting medium preparation at the medical establishments for the SARS-CoV-2 laboratories.

3. The following persons shall be entitled to the pandemic prevention and control allowance of VND 150,000/person/day:

a) Persons performing duties at concentrated quarantine establishments (not applicable to isolation at home or accommodations).

b) Persons performing duties related to the coercive medical quarantine, persons tracing those subject to quarantine but do not comply with medical quarantine measures.

c) Interpreters, emergency teams (115) and the crews transporting quarantined people; drivers of officers conducting inspection and surveillance of pandemic prevention and control.

d) Persons performing activities related to pandemic control at border posts, trails and crossings; persons carrying out procedures for people on entry at border gates and seaports.

dd) Persons performing duties related to zone identification, lockdown, patrol; security and order control and assurance at concentrated quarantine areas, disease surveillance points and residential areas where a infected case is confirmed.

e) Persons performing duties related to spraying disinfectants at medical examination and treatment establishments (excluding those specified at Point d, Clause 1 of this Article), concentrated quarantine establishments and residential areas that are zoned and locked down according to the competent authorities’ decisions.

g) Persons performing patient classification at medical examination and treatment establishments during the period on which the medical examination and treatment establishment receive and provide treatment for infected cases.

4. The allowance of VND 130,000/person/day for persons working around the clock to prevent pandemic shall be applied to subjects specified in Clause 2, Article 3 of the Prime Minister's Decision No. 73/2011/QD-TTg dated December 28, 2011 (excluding those specified in Clause 7 of this Article).

5. Persons performing duties at concentrated quarantine establishment (not applicable to quarantine at home or accommodations), persons performing patient classification and carrying out procedures for people on entry; persons protecting quarantine zones in residential areas under the State management agencies’ designation; persons performing duties related to pandemic control at border posts, trails and crossings; health staff working around the clock at medical establishments to take care and provide treatment for infected or suspected cases shall be entitled to a meal allowance of VND 80,000/person/day.

6. Allowance regimes for reporters, journalists, collaborators and volunteers participating in pandemic prevention during the COVID-19 pandemic period

a) An allowance of VND 130,000/person/day shall be provided for a reporter or journalist directly visiting medical establishments providing medical examination and treatment for COVID-19 patients or entering the lockdown residential areas where infected cases are confirmed, or traveling to border trails and crossings to collect information on the pandemic prevention and control. The number of reporters and journalists entitled to this allowance shall be decided by the Ministry of Information and Communications and the Steering Committees on COVID-19 prevention and control at all levels in each period.

b) An allowance of VND 130,000/person/day shall be provided for a collaborator or volunteer directly participating or coordinating in the pandemic prevention activities.

c) An allowance of VND 80,000/person/day shall be provided for a collaborator or volunteer, who directly propagates, mobilizes people and distributes leaflets or participates in the maneuvers.

7. Regimes for the Steering Committees on COVID-19 prevention and control at all levels

a) Members of the Steering Committees at all levels, Subcommittees and Assistant Groups of the Steering Committees participating in the pandemic prevention and control shall be entitled to the allowances with the rate corresponding to the specific case of pandemic prevention and control.

b) When performing regular duties, directing the pandemic control under the assignment of Heads of Steering Committees at all levels, members specified at Point a of this Clause shall be entitled to an allowance of VND 100,000/person/day, but not exceeding VND 1,500,000/person/month.

Article 3. Funds for implementation

1. The State budget shall be arranged in accordance with the current law on State budget and decentralization of State budget.  The Central budget shall support the budget of difficult localities which cannot balance the budget according to the regulations of the Prime Minister.

2. The health insurance fund shall pay for the medical examination and treatment expenses in accordance with the law on health insurance and this Resolution.

3. Aid, funding and support from domestic and foreign organizations and individuals and other lawful capital sources.

Article 4. Payment principles

1. Allowance regimes for pandemic prevention and control specified in Article 2 of this Resolution shall be implemented from the date on which the first infected or suspected case is detected, but not sooner than the date of the pandemic outbreak as prescribed in Clause 2, Article 1 of the Prime Minister's Decision No. 447/QD-TTg dated April 01, 2020 on announcement of the COVID-19 pandemic, until the day when there are no more infected or suspected cases in the province or centrally run city.

2. Time for entitlement of pandemic prevention and control allowances as prescribed in Article 2 of this Resolution shall be counted according to the days of actually participating in the pandemic prevention and control under assignment of the competent authorities, including weekends, holidays and Tet. Heads of agencies and units shall, based on the actual situation, decide and take responsibility for the pandemic prevention and control assignment.

3. Employees of medical examination and treatment establishments shall be entitled to the pandemic prevention and control allowances from the date on which the establishments receive the infected or suspected cases until the day when there are no more infected or suspected cases. Persons specified at Point c, Clause 1 and Point c, Clause 2, Article 2 of this Resolution shall be entitled to allowances according to the days of actually performing works in service of the testing.

During the period on which a person is assigned to examine or treat an infected person, if he/she is additionally assigned regular tasks at a medical examination and treatment establishment, he/she shall be entitled to the allowances for working around the clock as prescribed in Article 2 of the Prime Minister's Decision No. 73/2011/QD-TTg dated December 28, 2011, stipulating a number of specific allowances for civil servants, public employees and employees working in public medical establishments and allowances for pandemic prevention and control.

4. Employees working in preventive medicine establishments who participate in the pandemic prevention and control and are entitled to many different allowances as prescribed in Article 2 of this Resolution shall be entitled to the highest allowance.

5. If the COVID-19 pandemic has not been announced yet, but persons participating in pandemic prevention and control activities are required to carry out the monitoring, investigation and verification according to the competent authorities’ assignment, then, they shall be entitled to allowances for pandemic prevention and control as prescribed in this Resolution.

6. Persons participating the control of COVID-19 pandemic who have enjoyed the allowance as prescribed in Article 3 of the Prime Minister's Decision No. 73/2011/QD-TTg dated December 28, 2011 shall be retrospectively paid the increase in order that they enjoy the allowance equal to the corresponding pandemic prevention allowance specified in Article 2 of this Resolution.

7. Agencies and units assigned to assume the prime responsibility for prevention and control of the pandemic, medical examination and treatment and concentrated quarantine shall be responsible for paying fully and promptly the following subjects for the regimes specified in Articles 1 and 2 of the Resolution:

a) Subjects under the management of such agencies and units.

b) Subjects under the management of other relevant agencies and units in the localities, superior agencies and units, and other localities’ agencies and units sent to support pandemic prevention and control at the agencies and units (if any).

c) Collaborators and volunteers participating in prevention and control of the pandemic, concentrated quarantine at the agencies and units.

8. Agencies and units may use service revenues, support of domestic and foreign organizations and individuals to pay subjects other than those specified in Article 2 of this Resolution allowances for prevention and control of the pandemic and additional allowance spending must not exceed 70% of the allowance for the subjects specified in Article 2 of this Resolution.

Article 5. Implementation provision

1. This Resolution takes effect on the signing date and replaces the Government's Resolution No. 37/NQ-CP dated March 29, 2020 prescribing some specific regimes in prevention and control of the COVID-19 pandemic.

2. The specific regimes specified in this Resolution shall be implemented during the COVID-19 pandemic prevention and control. Other regimes which are not specified in this Resolution shall comply with the current law regulations.

3. For domestic Vietnamese who are subject to concentrated quarantine before the effective date of this Resolution who receive support from the state budget for quarantine expenses according to the Government’s Resolution No. 37/NQ-CP dated March 29, 2020, the Resolution No. 37/NQ-CP shall be applied until the end of the period of concentrated quarantine.

4. In case persons entering Vietnam have completed their concentrated quarantine at army barracks, military schools or other establishments designated by competent state agencies to act as concentrated quarantine establishments in the period of from August 24, 2020 to the effective date of this Resolution but the concentrated quarantine establishments have not yet collected or not fully collected charges for concentrated quarantine, their spending amount corresponding to the amount of money not been collected shall be finalized from the state budget expenditure estimates for pandemic prevention and control of such agencies or units according to the state budget decentralization.

5. Any foreigner who enters Vietnam before the effective date of this Resolution and is in concentrated quarantine after the effective date of this Resolution shall pay for SARS-CoV-2 testing and transport, meals, accommodations and daily needs according to Points b and c, Clause 2 and Points a and b, Clause 3, Article 1 of this Resolution.

6. The Minister of National Defence or Chairpersons of the province-level People's Committees shall consider and decide the use of the state budget for prevention and control of the pandemic or other lawful funds as decentralized to cover the quarantine expenses as specified corresponding to the amount of money not been collected from the persons entering Vietnam being in the quarantine due to their inability to pay for their quarantine.

Article 6. Implementation responsibility

1. The Ministry of Finance and the Ministry of Health are responsible for organizing the implementation of this Resolution.

2. The Ministry of Public Security shall be responsible for the management of foreigners and coordinate with relevant agencies in quarantining foreigners and Vietnamese citizens entering Vietnam according to regulations.

3. The Ministry of National Defence shall be responsible for arranging army barracks and military schools for concentrated quarantine establishments for Vietnamese staying in the country; and for persons on entry if the quantity exceeds the concentrated quarantine capacity of hotels, resorts and other establishments in the localities.

4. The People's Committees of provinces and central affiliated cities shall be responsible for:

a) Arranging suitable hotels and resorts for concentrated quarantine for all person entering Vietnam and Vietnamese staying in the country upon request; directing hotels and resorts selected as concentrated quarantine establishments to pledge and comply with the quarantine expenses and not to arbitrarily raise charges.

b) Arranging other establishments (not including the one arranged by the military) for concentrated quarantine establishments for people in the province or city subject to concentrated quarantine.

5. Competent agencies and organizations, when carrying out the procedures to permit foreigners and overseas Vietnamese to enter Vietnam, shall notify them of the expenses of concentrated quarantine.

6. Medical examination and treatment establishments assigned to receive, quarantine, monitor and treat COVID-19 infected persons shall organize quarantine areas where such subjects are treated according to the guidance of the Ministry of Health.

7. Agencies and units assigned to assume the prime responsibility for concentrated quarantine at army barracks, military schools, and other local establishments (excluding quarantine at hotels, resorts, home, residence places and enterprises) shall be responsible for collecting the relevant quarantine expenses that the quarantined persons must pay by themselves according to Article 1 of this Resolution (using the documents as a receipt to collect them), organizing the meals, accommodations and daily needs of the quarantined persons, ensuring safety, hygiene and convenience for persons subject to concentrated quarantine.

8. Hotels and resorts selected as concentrated quarantine establishments, owners of means of transport transporting quarantined persons shall be responsible for fully complying with guidance of the Ministry of Health on measures to prevent and control COVID-19 pandemic for persons subject to medical quarantine; the regulations on public disclosure of the total expenses of meals, accommodations and daily needs and transport for each person when receiving him/her for quarantine.

9. State agencies, units, organizations and enterprises shall be responsible for fully complying with guidance of the Ministry of Health on measures to prevent and control COVID-19 pandemic at the places of work, study and residence of employees, pupils and students in order to minimize the spread of the pandemic, ensuring their health, occupational health and safety. Funds for performing this task shall be within the assigned current expenditure estimates in accordance with the law on the state budget or operation funds as prescribed by law or be accounted as deductible expenses when determining taxable incomes according to the law on enterprise income tax.

10. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of People’s Committees of provinces and central affiliated cities shall take responsibilities for the implementation of this Resolution./.