Is it permissible to use medical equipment which has not been established under public ownership for medical examination and treatment in Vietnam? - Thu Minh (Nam Dinh).
Pursuant to Section 4 of the Resolution 30/NQ-CP in 2023 stipulating as follows:
4. Allow medical facilities to use medical equipment which is donated, gifted, sponsored, contributed by domestic and foreign individuals, organizations (including medical equipment of joint venture and cooperation where contract has expired) and has not been established under public ownership for medical examination and treatment. Technical services performed on these medical equipment shall be paid for by Health Insurance Fund. Medical examination and treatment establishments are responsible for the quality of medical services performed on these equipment and are allowed to use their expenditure for the purpose of maintenance and repair of the equipment during use.
As regulations above, medical facilities are permissible to use medical equipment which has not been established under public ownership for medical examination and treatment in Vietnam.
Pursuant to Section 4 of the Resolution 144/NQ-CP in 2022 stipulating as follows:
4. Allow health insurance to continue reimbursing healthcare costs of machine-based technical services provided by successful bidders for material and chemical contracts according to results of the bidding approved by competent authorities according to regulations of the Law on Bid before the date on which this Resolution comes into force. The time limits for application are the same as the durations of the contracts concluded before November 02, 2022 or within 12 months from the date on which this Resolution comes into force.
From 04/03/2023, this regulation is amended by Clause 1 of the Resolution 30/NQ-CP in 2023 as follows:
Allow medical examination and treatment costs to be reimbursed by health insurance in regard to technical services performed on machines provided by successful bidders for material and chemical contracts according to bidding results approved by competent authority in accordance with the Law on Bidding as follows:
+) In regard to contracts signed before November 5, 2022: comply with the contracts.
+) In regard to contracts signed from November 5, 2022: comply with the contracts until legislative documents on this matter are promulgated, even contracts signed under direct procurement method.
If contracts mentioned under Point a and Point b of this Clause expire, the reimbursement still applies until the procured materials and chemicals are exhausted.
Pursuant to Section 3 of the Resolution 144/NQ-CP in 2022 stipulating bases for project developers to determine medicine package price annd medical equipment in Vietnam as follows:
Allow medical facilities to carry out pilot adoption of guidelines on developing package price in 2023, to be specific:
a) When developing package price, if different manufacturers manufacture the same type of medical equipment, project developers shall review and decide to assign their Science council to determine features and configurations depending on their specific needs. On the basis of features and configurations determined by Science council, organizing entities shall gather quotation in accordance with Point b of this Clause.
b) Project developers shall determine package price by any of the following document:
- Market price based on quotations provided by suppliers via any of the following methods:
+ Project developers shall send request for quotation and technical requirements to website of the Ministry of Health or online portal for management of medical equipment (https://dmec.moh.gov.vn) or website of the entities or other methods in accordance with bidding laws in at least 10 days. At the end of the request for quotation period, project developers shall rely on the received quotations to develop package price. If only one or two distributors or enterprises (hereinafter referred to as “distributors”) provide quotations, these quotations are eligible as the basis for developing package price.
+ Project developers are allowed to gather quotations directly from distributors in case there is only one distributor or purchase from other distributors is not feasible due to technological compatibility or copyrights.
Package price shall be determined on the basis of technical features, use demand, and financial capacity of project developers.
- Price evaluation results of competent authorities entitled to perform price evaluation, price evaluation enterprises in accordance with the Law on Price;
- Successful bid of contract package for procurement of similar medical equipment in the previous 120 days.
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