Nghị quyết 86/NQ-CP

RESOLUTION

ON URGENT SOLUTIONS FOR COVID-19 PREVENTION AND CONTROL TO IMPLEMENT RESOLUTION NO. 30/2021/QH15 DATED JULY 28, 2021 BY THE 15TH  NATIONAL ASSEMBLY

THE GOVERNMENT

Pursuant to the Law on Government Organization dated June 19, 2015 and Law on Amendments to the Law on Government Organization and Law on Local Government Organization dated November 22, 2019;

Pursuant to Resolution No. 30/2021/QH15 dated July 28, 2021 of the 1st session of the 15th National Assembly;

Pursuant to Resolution No. 268/NQ-UBTVQH15 dated August 06, 2021 by the Standing Committee of the National Assembly on authorizing the Government to promulgate a Resolution with some differences from regulations of law for COVID-19 prevention and control;

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

At the request of the Minister of Health and with the agreement of members of the Government,

HEREBY RESOLVES:

The COVID-19 pandemic, with the appearance of the Delta variant, is unpredictable, spreading rapidly and causing high fatality in many countries around the world, especially in South East Asia. In Vietnam, the fourth wave has quickly spread to many localities on an unprecedented scale and remains complicated. Notably, the disease has deeply infected many communities in Ho Chi Minh City and some Southern provinces, leading to high number of infections, causing great damage to the lives, health and daily life of people, and heavily impacting socio - economic development.

Under the close leadership of the Central Steering Committee, Politburo, Secretariat, General Secretary, National Assembly, President and Chairperson of the National Assembly and cooperation of Vietnam Fatherland Front; with the spirit of “fight COVID-19 like an enemy”, the Government and Prime Minister have promptly promulgated many resolutions, directives and documents to direct governments at all levels and regulatory bodies to vigorously, consistently and flexibly perform tasks and adopt solutions concerning COVID-19 containment according to situation; mobilize the participation of the whole political system, enterprises and citizens across the country; place people’s lives and health above all else, gradually take control of the COVID-19 situation and return to the “new normal”.

The Government commends the sense of responsibility, determination and solidarity in COVID-19 containment of governments at all levels, regulatory bodies, enterprises and people across the country; gives praise to frontline forces, doctors, nurses, technicians, healthcare officials and workers, servicemen, police force, grassroots-level officials and volunteers for their contributions to COVID-19 prevention and control and protection of people’s health.

However, in COVID-19 prevention and control, some regulatory bodies, units and local governments have not adopted required measures strictly, showed overconfidence or failed to expedite, inspect and supervise adequately. Organization is weak and slow, especially at grassroots level in some localities.

Some localities have not applied the “4 on-sites” motto properly and have many weaknesses, leading to struggles when the COVID-19 situation worsens. Vaccination is slow and not yet sound or efficient. Travel control in infected areas is not sufficiently strict. Goods transport is unsafe and facing congestion. Some organizations, enterprises and people are not fully aware of the Delta variant’s danger or infection rate and fail to comply with COVID-19 regulations.

In the foreseeable future, the COVID-19 pandemic will continue to be unpredictable, threaten people’s lives and health and heavily impact many societal aspects, especially when vaccine supply is limited and there is no effective cure. COVID-19 prevention and control are urgent key tasks of governments at all levels, regulatory bodies and all citizens for this period.

Implementing Conclusion No. 11-KL/TW dated July 13, 2021 by the 3rd Conference of the 13th legislature, Document No. 79-CV/TW dated January 29, 2020 by the Secretariat, Notification No. 172-TB/TW dated March 21, 2020 on the Politburo’s conclusions concerning COVID-19 prevention and control, the Politburo’s conclusion in Official Dispatch No. 50-CV/VPTW dated February 19, 2021 by Office of the Central Steering Committee, Conclusion No. 07-KL/TW  dated June 11, 2021 by the Politburo on COVID-19 prevention and control; Telegram dated July 21, 2021 by standing Secretariat members, Call for COVID-19 prevention and control dated July 29, 2021 by the General Secretary and Resolution No. 30/2021/QH15 dated July 28, 2021 by the National Assembly, the Government requests ministries, local governments and units to organize proper implementation of directions of the Communist Party, National Assembly and President, calls of Vietnam Fatherland Front, the Government’s Resolutions No. 21/NQ-CP dated February 26, 2021, No. 78/NQ-CP dated July 20, 2021 and No. 79/NQ-CP dated July 22, 2021, the Prime Minister’s Directives No. 15/CT-TTg dated March 27, 2020 (Directive 15), No. 16/CT-TTg dated March 31, 2020 (Directive 16) and No. 19/CT-TTg dated April 24, 2020 (Directive 19), Decision No. 2686/QD-BCDQG dated May 31, 2021 (Decision No. 2686) by National Steering Committees for COVID-19 Prevention and Control (National Steering Committee) and other documents of competent central and local authorities within their competence.

To contain the COVID-19 pandemic and prevent healthcare and socio-economic crises, the Government agrees to promulgate a Resolution on urgent COVID-19 prevention and control solutions to implement Resolution No. 30/2021/QH15 dated July 28, 2021 by the 15th National Assembly with the following basic content:

Article 1. Urgent solutions

1. Regarding adoption of COVID-19 prevention and control measures

Pursuant to Decision No. 2686 by National Steering Committee, Chairpersons of People’s Committees of provinces and central-affiliated cities (provincial People’s Committees) shall proactively decide and direct their subordinates to properly adopt required solutions according to risk level and the Prime Minister’s Directive 15, Directive 16 and Directive 19, may adopt the solutions more strictly and sooner, and shall take note of the following:

a) Adopt measures against COVID-19, especially quarantine, in a serious, vigorous and consistent manner from the start; complete every task thoroughly, do not hesitate. Closely follow the situation, prioritize efficiency, enhance sense of responsibility, creativity and drawing lessons from experience, gradually revise and expand the measures based on the situation but do not rush or underestimate when the outbreak is gone; superior bodies must regularly expedite and inspect their subordinates, and review stages, conditions and measures against the disease to promptly respond to the situation.

Pursuant to general regulations of the Central Steering Committee, local governments shall proactively promulgate regulations on COVID-19 containment within their competence, ensuring consistency, efficiency and compliance with COVID-19 containment regulations in their localities. Focus on directing close and timely cooperation between regulatory bodies and local governments. People’s Committees at all levels shall promptly handle issues arising as suitable for local situation and take responsibility before their supervisory bodies.

b) All local governments shall direct proper adoption of the “visit every street, knock on every door and check every person" motto, detect and immediately handle persons coming from infected areas or other localities without declaration according to local regulations, and persons leaving quarantined localities without permission of competent authority as per regulations.

Based on the COVID-19 situation and containment requirements, proactively and flexibly adopt necessary measures such as limiting some vehicles and requesting people to not leave their residences within a certain timeframe and in certain areas following the rule of “stay where they are”; do not let people leave infected areas without permission to prevent the disease from reaching other localities; organize forces to maintain social safety, order and security in infected areas; take special communicating measures and use communicating equipment; mobilize and utilize property and equipment and adopt other measures in case of emergency to promptly prevent the spread of the disease within their competence. Where necessary, Chairpersons of provincial People's Committees shall report to the Prime Minister before adoption.

Strictly handle violations concerning failure to comply with COVID-19 regulations and measures of competent authorities, including criminal prosecution, as per the law.

The Ministry of Public Security shall direct local police forces to advise Executive Party Committees and local governments and act as core forces for performance of these tasks.

c) Governments of localities quarantined according to Directive 15 and Directive 16 of the Prime Minister must perform ten times more than what guidelines require in a strict and efficient manner. Do not allow shallow quarantine. After quarantine starts, within 14 days, identify and protect “green zones”; have measures and roadmaps to change “yellow zones” into “green zones” and “orange zones” into “yellow zones” and narrow “red zones”; within 28 days, regain control of local situation and isolate “red zones” as narrowly as possible.

Ho Chi Minh City shall strive to control the outbreak before September 15, 2021. Binh Duong, Long An and Dong Nai shall strive to control the outbreak before September 01, 2021. Other provinces and cities shall strive to control the outbreak before August 25, 2021. The Ministry of Health shall provide detailed guidelines.

d) Besides strictly complying with quarantine measures to contain the disease, ministries and local governments shall proactively formulate and apply plans for meeting food and essential product demand while ensuring COVID-19 safety; promptly provide emergency aid and medical treatment for people anytime and anywhere.

2. Regarding healthcare

The Ministry of Health shall closely follow the COVID-19 situation in Vietnam and around the world, update advanced solutions for containment and treatment to promptly promulgate or propose promulgation of amending documents, regulations and guidelines. Guiding documents must be easy to understand, remember and follow and facilitate supervision, inspection and assessment; specify required and optional tasks for local governments to act with proactiveness, responsibility and creativity.

a) Regarding testing:

The Ministry of Health shall promptly provide updates, guidelines and training in testing operations in a sound, practical, efficient and economical manner. Provide guidelines and recommendations on testing biologicals and equipment for local governments to procure proactively. The Ministry of Health shall organize concentrated procurement of necessary equipment and materials in an economical and efficient manner; increase supervising and correcting locations where testing is carried out without focus, resulting in inefficiency and wastefulness.

Local governments shall direct rapid testing of persons facing high risk of infection in their localities to detect F0 cases as soon as possible and support timely tracing, classification and treatment; not miss any F0 case and prevent F0 cases from moving and spreading the disease to the community.

Quarantined localities shall focus on testing to detect F0 cases as soon as possible and prevent community transmission. For localities with high infection rate such as Ho Chi Minh City and some adjacent provinces, synchronize testing, care and treatment to minimize severe cases and fatality and prevent the disease from reaching other localities.

b) Regarding screening, classification and treatment of COVID-19 cases

The Ministry of Health shall provide technical guidance; local governments and ministries shall direct health authorities and healthcare facilities under their management to screen and classify COVID-19 cases by condition and disease development to adopt suitable monitoring, care and treatment measures and reduce number of symptomatic cases and severe cases at all treatment stages and levels. Focus on managing and caring for asymptomatic cases; and proactively preparing medical oxygen (especially centralized oxygen supply systems) at treatment stages. Coordinate as appropriate, focus all resources and equipment on treating severe and critical cases, minimizing fatality. Maintain operation of safe medical examination and treatment systems. Ensure emergency aid, ambulances, medical oxygen, ventilators and essential medical equipment for COVID-19 prevention and control, emergency aid and treatment.

c) Regarding COVID-19 vaccines and treatment drugs

- Under the direction of the Prime Minister, Ministry of Health, Ministry of National Defense, Ministry of Public Security and Ministry of Foreign Affairs shall promote “vaccine diplomacy” using all measures; boost aid, purchase and import of vaccines to administer vaccines as quickly and as much as possible, striving for herd immunity;

- Based on directions and guidelines of the Prime Minister and Deputy Prime Minister - Head of National Steering Committee, the Ministry of Health shall promptly distribute vaccines to provinces and cities, prioritizing those with high number of cases, high fatality, complicated situation and fast infection, large cities and those with multiple industrial parks, meeting COVID-19 containment requirements of each locality and publish such distribution. Where necessary, the Minister of Health shall propose revised distribution to the Prime Minister or the Prime Minister directs the Ministry of Health to revise distribution. Based on guidelines of the Ministry of Health, provincial People's Committees shall decide prioritized vaccine recipients as appropriate to local situation;

- The Ministry of Health shall take charge and cooperate with ministries and local governments in directing vaccination as fast as practicable, in a safe and efficient manner and as suitable for local situation; and mobilizing all public and private healthcare forces and other support forces to launch the vaccination campaign across the country, especially in localities with high infection rate. Increase searching and encouraging enterprises, organizations and individuals to proactively purchase COVID-19 vaccines and treatment drugs. The Ministry of Health shall inspect, authorize and store vaccines and provide direction and guidance for free vaccination for people;

- Ministry of Health, Ministry of National Defense, Ministry of Science and Technology, Vietnam Academy of Science and Technology and relevant ministries shall closely cooperate in directing acceleration of research, technology application and transfer and clinical trials with research facilities, transfer, manufacturing and conditional approval of vaccines, and production of COVID-19 vaccines and treatment drugs as well as medical equipment and materials in Vietnam to meet COVID-19 containment requirements as soon and economical as possible; facilitating research and technology transfer, ensuring fairness in technology transfer and manufacturing of vaccines and treatment drugs; learning from other countries and consulting WHO where necessary;

- Based on proposals from the Ministry of Health, ministries, units and Ministry of Finance shall take charge of proposing consolidated policies facilitating research, application and transfer of technology for production of COVID-19 vaccines and treatment drugs as well as medical equipment and materials in Vietnam.

d) Regarding scenarios development and healthcare assurance for COVID-19 prevention and control

- Based on risk levels and the pandemic’s progress, the Ministry of Health shall formulate COVID-19 prevention and control scenarios at low, medium and high levels and corresponding response plans to ensure healthcare throughout the country. According to these scenarios and plans, the Ministry of Finance and relevant regulatory bodies shall, based on balancing capacity of state budget, allocate funding for procurement, stockpiling and force organization as appropriate and efficient and propose to the Government and Prime Minister for consideration and decision in the third quarter of 2021. Depending on actual COVID-19 containment requirements in their provinces, provincial People’s Committees shall formulate scenarios at low, medium and high levels and corresponding response plans to ensure healthcare in their provinces within their competence; cases beyond their competence shall be reported to the Government and Prime Minister;

- Based on scenarios and plans of their provinces, provincial People’s Committees shall approve and proactively establish COVID-19 treatment facilities; procure medical equipment and materials; stockpile and organize forces for timely and efficient COVID-19 containment in their provinces;

- The Ministry of Health, ministries and local governments shall mobilize public and private healthcare systems and private resources to promptly cooperate in prophylaxis, treatment and vaccination and invest in facilities and measures against the disease, ensuring consistency, efficiency and compliance with regulations.

3. Regarding public order and security protection

a) Chairpersons of provincial People’s Committees shall direct and organize forces, regulatory bodies and units to properly protect national defense and security, public order and social safety, prevent crime and other violations against the law; provide plans to proactively respond to complicated security and order situations in their provinces.

b) The Ministry of Public Security shall direct police forces to cooperate with regulatory bodies and local governments in further monitoring areas under their management, strictly control adoption of quarantine measures and COVID-19 containment solutions, focus on enhancing the roles of grassroots police forces, strictly handle violations against the law; closely cooperate with the Ministry of Labor - War Invalids and Social Affairs in boosting management and protection of rehabilitation centers and social protection facilities.

c) The Ministry of National Defense shall direct military forces, especially medical forces, chemical arms, Border Guards, militia and self-defense forces to closely cooperate with local governments in COVID-19 containment; participate in manufacturing and provision of equipment and materials and support people in quarantined areas; focus on properly managing borders, border crossing points, entry and exit; preserve national sovereignty and independence.

4. Regarding goods production, provision, circulation and transport:

Within their competence, ministries and local governments shall focus on directing the following tasks:

a) Maintain production, avoid disrupting labor, goods, service, material and production ingredient supply chains while ensuring strictest compliance with COVID-19 regulations; only facilities meeting COVID-19 regulations may operate with the spirit of “safety for production, production must be safe”.

b) Facilitate safe, consistent and uninterrupted transport and circulation of goods, materials and production ingredients between provinces and localities; take measures to strictly control the start and end points of goods circulation, transport and supply chains. Proactively adopt solutions to ensure production, provision and circulation of medical equipment and materials, drugs, chemicals, medical oxygen, vehicles and services for COVID-19 prevention and control.

c) Ensure sufficient and timely provision of foods and essential products, stabilizing people’s daily living, especially direct provision to people in quarantined areas.

d) Mobilize the police, the army, the mass, Fatherland Fronts, socio-political organizations, social organizations, mass organizations, enterprises, professional associations, etc. and people across the country to participate in goods production, provision, circulation and transport, especially foods and essential products, for people.

5. Regarding social security assurance and support policies

a) Within their competence, the Ministry of Labor - War Invalids and Social Affairs, ministries and local governments shall focus on directing the following tasks:

- Properly implement the Government’s Resolution No. 68/NQ-CP dated July 01, 2021 and the Prime Minister’s Decision No. 23/2021/QD-TTg dated July 07, 2021 on implementation of certain policies to support employees and employers in difficulty due to the COVID-19 pandemic; regularly review and update to not miss any person who requires support or lacks food, closely follow the situation and actual requirements to revise support eligibility and minimize administrative procedures for these tasks;

- Take care of people’s life, especially those with meritorious service, families being policy beneficiaries, poor households, women, children, the elderly, people with disabilities, vulnerable groups, people in difficulty, people having lost their jobs due to the pandemic and frontline forces, in a timely and efficient manner.

b) The Ministry of Health shall take charge and cooperate with the Ministry of Finance and relevant regulatory bodies in urgently reviewing and proposing suitable support policies and ensuring protective equipment for frontline forces, doctors, nurses, technicians, healthcare workers; officials, servicemen, police forces, grassroots-level officials and volunteers.

c) Local governments shall boost establishment and organization of support centers and groups with suitable organizing and operating methods, promptly meeting people’s needs and COVID-19 containment requirements in their localities; set up and maintain 24/24 hotlines to promptly receive requests for medical care and essential products from people; have community medical monitoring systems to promptly assist people; ensure protective equipment for volunteers of support centers, etc..

6. Regarding information, communications and IT application

a) The Ministry of Health, Departments of Health and standing bodies of steering committees at all levels shall take charge of promptly providing official information on the pandemic and containment solutions for people and enterprises and for experts and volunteers to provide instructions and support for people, especially F0 and F1 cases.

b) Chairpersons of provincial People’s Committees shall:

- Direct consistent communications, enhance grassroots information systems, regularly provide newscasts raising awareness and encouraging people to join the fight against COVID-19; correct and control misinformation concerning COVID-19 prevention and control of governments at all levels and regulatory bodies.

- Effectively deploy shared technology platforms published by the Ministry of Information and Communications, Ministry of Health, Ministry of Public Security, Ministry of National Defense and competent authorities; proactively use other technological applications suitable for shared technology platforms, promptly meeting local COVID-19 containment requirements;

- Organize and assign in-charge bodies to cooperate and connect and share information and data promptly and efficiently with the Ministry of Information and Communications, Ministry of Health, Ministry of Public Security, Ministry of National Defense, Office of the Government and other competent authorities.

c) Within their competence, the Ministry of Information and Communications, ministries and local governments shall:

- Direct cybersecurity enterprises to operate 24/24 and ensure continuity and cybersecurity, especially for information systems and technology platforms supporting the fight against COVID-19;

- Direct telecommunications enterprises and regulatory bodies to cooperate with other forces in operating 24/24 and preparing necessary tools, measures and technical plans to prevent and strictly handle online misinformation;

- Closely cooperate with the Ministry of Health, Central Propaganda and Training Commission, ministries and local governments in proactively, promptly and accurately providing and processing information; direct press agencies to increase communications, promoting exemplary cases, good methods and effective models, and fighting against distorted, inciting and false information on COVID-19 prevention and control.

7. Regarding funding

a) The Ministry of Finance, ministries and local governments shall:

- Prioritize sufficient allocation of funding from state budget and other legal funding sources to COVID-19 containment and treatment facilities; assign the Ministry of Health to submit consolidated reports to the Prime Minister on support for recurrent expenditure of public healthcare facilities whose revenues are insufficient for expenditures due to the pandemic. Reduce costs of remaining meetings and work in Vietnam and overseas of ministries and local governments by at least 50% (excluding funding for import and urgent activities and COVID-19 containment of the Ministry of Health, Ministry of National Defense and Ministry of Public Security, and diplomatic activities of the Ministry of Foreign Affairs) and save 10% of remaining funding for other recurrent expenditure in 2021, excluding wages and other incomes; recollect and add funding for unnecessary recurrent expenditures and funding not promptly spent to contingency central government budget and local government budget, contributing to COVID-19 containment.

- For allocation of funding for unnecessary expenditures to funding for COVID-19 containment and allocation of remaining funding for COVID-19 containment to the following year: ministries and local governments shall proactively do these tasks within their competence; cases beyond their competence shall be proposed to the Ministry of Finance for consolidation and proposal to competent authority as per regulations.

b) Based on COVID-19 containment requirements, after local government budget and other legal resources have been reviewed, mobilized and used, if difficulties persist, provincial People’s Committees may request assistance from central government budget. The Ministry of Finance shall take charge of reviewing, appraising and proposing assistance temporarily allocated from central government budget to local governments to competent authority.

c) The Ministry of Health shall take charge of reviewing and sending funding needed for vaccine purchase and import and vaccine use plans to the Ministry of Finance, which will submit a consolidated proposal to the Prime Minister for decision on use of state budget and COVID-19 vaccine fund.

The Ministry of Health shall determine and send number of vaccines, medical equipment and materials, drugs, chemicals and equipment for COVID-19 prevention and control procured at the central level and actually distributed to local governments and relevant costs to the Ministry of Finance for consolidation, monitoring and determination of funding to be allocated from local government budget according to regulations in Clause 1 Article 3 of Resolution No. 21/NQ-CP dated February 26, 2021 and Clause 3 Article 2 of Resolution No. 79/NQ-CP dated July 22, 2021. The Ministry of Finance shall publish how the COVID-19 vaccine fund is used via mass media.

d) Based on budget estimate allocated and other legal funding sources, ministries, local governments, regulatory bodies and units may proactively decide to use and procure according to scenarios and response plans approved by competent authority; procure more than actually needed for stockpiling in case the outbreak worsens, avoiding wasting resources.

dd) Within its competence, the Ministry of Health shall take charge and cooperate with relevant ministries in proposing release of goods from national reserves to promptly support COVID-19 containment to the Ministry of Finance, which will submit a consolidated proposal to the Prime Minister for consideration and decision.

e) For legal matters within the competence of the National Assembly and Standing Committee of the National Assembly related to funding for COVID-19 containment, ministries and local governments shall send proposals to the Ministry of Finance, which will submit a consolidated proposal to the Government for reporting to the  Standing Committee of the National Assembly for consideration and decision before implementation according to regulations in Point 3.2 of the National Assembly’s Resolution No. 30/2021/QH15.

8. Regarding organization and personnel

a) The Ministry of Health shall urgently propose strengthening of National Steering Committee and subcommittees thereof to the Prime Minister to ensure simplicity and efficiency. Relevant ministries and regulatory bodies shall assign personnel to National Steering Committee and enable that these persons to focus on their work with National Steering Committee.

b) Local governments shall urgently improve steering committees for COVID-19 prevention and control at all levels in their localities as appropriate to the situation and COVID-19 containment requirements; have 24/24 standing directing and coordinating bodies organized into specialized groups to promptly resolve difficulties and respond to requests for materials, equipment, personnel, communications, transport, aid, etc..

c) Depending on the actual situation and requirements, ministries and local governments shall consider and decide to establish command centers to give consistent directions on COVID-19 containment tasks and solutions to relevant regulatory bodies within their competence.

d) Chairpersons of People's Committees at all levels shall direct and mobilize healthcare facilities, regulatory bodies, units, enterprises, organizations and individuals in their localities to proactively participate in COVID-19 prevention and control and ensure COVID-19 safety conditions according to the pandemic’s situation.

9. Regarding promotion of international cooperation

The Ministry of Foreign Affairs shall promote international cooperation, continue to boost “vaccine diplomacy”; encourage partners to provide vaccines promptly or earlier than committed delivery date; enhance research cooperation and technology transfer in COVID-19 vaccine and treatment drug manufacturing; provide equipment, material and biological support; take charge of proposing entry and exit policies suitable for the new situation; research and advise on recognition and authorization of  “foreign vaccine passports” in Vietnam; properly protect citizens; increase promoting Vietnam’s COVID-19 prevention and control efforts and results as well as Vietnam’s proactive cooperation with the international community in COVID-19 containment.

Article 2. Specific mechanisms and policies

1. Mechanisms for marketing authorization and customs clearance of COVID-19 vaccines and drugs:

a) For applications for marketing authorization of drugs and vaccines, if the imported drug or vaccine does not have a pharmaceutical product certificate, the certificate may be replaced by a documentary proof that the drug or vaccine has been granted marketing authorization issued by the competent foreign authority.

b) For COVID-19 vaccines and treatment drugs manufactured in Vietnam:

- For COVID-19 vaccines and treatment drugs which are manufactured in Vietnam and undergoing clinical trials, if phase 3 interim assessment results for safety and treatment effectiveness (for drugs) or protection effectiveness based on immunogenicity data (for vaccines) are available, these results may be used to apply for conditional granting of marketing authorization based on advice of the national research ethics committee (for drugs and vaccines undergoing clinical trials in Vietnam) and advice of the advisory committee for granting of marketing authorization to drugs and medicinal ingredients for each drug and vaccine and with reference to WHO guidelines or recommendations.

- Drugs and vaccines granted marketing authorization in the abovementioned cases are subject to further monitoring of their safety, effectiveness, recipients, dosage and scope of use after they are granted marketing authorization.

c) The Ministry of Health shall consider and decide exemption of certificate of analysis (COA) for each drug and vaccine batch urgently imported for COVID-19 containment during customs clearance on a case-by-case basis.

Besides regulations in Points a, b and c of this Clause, other contents related to marketing authorization and customs clearance of COVID-19 drugs and vaccines must adhere to regulations of law.

d) Ingredients imported for production of COVID-19 vaccines and treatment drugs according to Article 85 of the Government's Decree No. 54/2017/ND-CP dated May 08, 2017 elaborating Law on Pharmacy do not need to be included in drug lists approved by the Ministry of Health.

2. Depending on actual situation, the Ministry of Health, Ministry of National Defense, Ministry of Public Security and provincial People’s Committees shall decide establishment of and task assignment to COVID-19 treatment facilities. Decisions on establishment of and task assignment to COVID-19 treatment facilities are their operating licenses.

3. The Ministry of Health may stipulate simplified procedures for pilot deployment of techniques and drugs for COVID-19 diagnosis and treatment and granting of import permits and marketing authorization to medical equipment and chemicals used for COVID-19 prevention and control.

4. Regarding procurement mechanisms and methods

a) Ministries shall decide methods for selecting contractors for procurement of drugs, chemicals, materials and equipment for COVID-19 prevention and control according to regulations in Clause 1 and Clause 2 Article 1 of the Government’s Resolution No. 79/NQ-CP dated July 22, 2021.

b) Local governments shall decide methods for selecting contractors for procurement of drugs, chemicals, materials and equipment for COVID-19 prevention and control according to regulations in Clause 1 Article 1 of the Government’s Resolution No. 79/NQ-CP dated July 22, 2021.

If contractors are selected in special cases according to regulations in Article 26 of the Law on Bidding, Chairpersons of provincial People’s Committees shall organize formulation of, appraise and decide to approve contractor selection plans.

c) Contract packages for procurement of chemicals, materials, equipment and services for COVID-19 prevention and control shall be priced based on at least one of the following documents:

- Quotes from at least three different providers;

- Procurement estimate approved by competent authority (including type of property, goods or service, quantity and unit price or total estimate allocated to procure a type of property, goods or service in the year);

- Valuation results of competent valuation authority or valuation enterprise if the property, goods or service requires valuation according to regulations of the Law on Pricing;

- Market price at the time of procurement according to official information posted online by providers as per regulations of Vietnamese law;

- Winning bids of similar property, goods or services in the past six months.

Contract packages for procurement of medical devices shall be priced based on at least one of the abovementioned documents or winning bids in the past six months posted on the web portal of the authority with competence in approving the contractor selection plan or web portal of the Ministry of Health or national procurement network system at muasamcong.mpi.gov.vn.

d) In case prices of chemicals, materials, equipment and services for COVID-19 prevention and control cannot be determined due to the pandemic’s complicated development, ministries and local governments shall price contract packages based on prices published by enterprises at the request of the Ministry of Health on the web portal of the Ministry of Health and updated weekly.

If no enterprise can publish the prices, to reduce the Ministry of Health’s workload, the Ministry of Finance shall take charge and cooperate with the Ministry of Health, Ministry of Planning and Investment, Ministry of Industry and Trade, Ministry of Science and Technology, Ministry of Information and Communications, Ministry of Public Security and Ministry of Justice in establishing working groups to negotiate and conclude prices with enterprises, which will be published on the web portal of the Ministry of Health and provide the basis for ministries and local governments to price contract packages.

dd) While pricing contract packages, ministries, local governments and units may choose a regulation in Point c or Point d of this Clause to follow and shall propose contract package prices to competent persons or authorized persons for consideration and decision of the prices as per regulations.

e) Based on the COVID-19 situation and response scenarios, the Ministry of Health shall promptly publish and update lists of essential materials, equipment, chemicals and drugs for COVID-19 prevention and control so that local governments and units can procure following the “4 on-sites” motto.

g) The Ministry of Health shall urgently procure some essential medical equipment and materials to provide them for some affiliated healthcare facilities and ICU centers established by the Ministry of Health and keep in reserves in case some localities are overloaded.

h) The Ministry of Planning and Investment shall take charge and cooperate with relevant regulatory bodies in promptly and effectively providing guidance on and resolving difficulties in complying with regulations of law on procurement arising during procurement for COVID-19 containment.

i) Regulations on use of property for COVID-19 containment during the pandemic according to the pandemic declaration decision of the Prime Minister:

- Use norms and standards do not apply to aid, sponsorships and assistance from organizations and individuals;

- Property may be procured in quantity greater than stated in standards and norms but such procurement must be suitable for COVID-19 response scenarios and plans and without wastefulness or misconduct;

- After the pandemic's end is declared, property shall be handled according to regulations of law on public property management and use.

5. Medical examination and treatment costs of COVID-19 patients at treatment facilities shall be covered by state budget as actually spent; costs of treatment of other diseases during COVID-19 treatment shall be covered according to regulations of law on health insurance and medical examination and treatment.

6. Regarding reimbursement of costs of medical services covered by health insurance

The Minister of Health shall promulgate guiding documents for provision of medical services and reimbursement of costs of medical services covered by health insurance as suitable for medical care demand of health insurance beneficiaries and COVID-19 situation.

7. The Ministry of Health shall promulgate procedures and economic-technical norms for different types of COVID-19 tests, providing the basis for provincial People’s Committees to decide order pricing and task assignment to regulatory bodies, organizations and units according to regulations.

Article 3. Implementation

1. National Steering Committee, ministries, ministerial-level agencies, Governmental agencies and provincial People’s Committees shall properly perform tasks and adopt solutions mentioned in this Resolution within their competence.

Ministries, ministerial-level agencies, Governmental agencies and provincial People's Committees shall direct and expedite the implementation of this Resolution, enhance leaders’ responsibilities; prevent and prohibit corruption and misconduct, minimize wastefulness in COVID-19 containment; promptly motivate and commend persons who dare to think and act and proactively take measures against the disease in a creative, flexible and efficient manner as well as individuals and groups having achievements in COVID-19 containment; encourage people to follow regulations and strictly handle those failing to comply.

Provincial People's Committees shall, within their competence, organize the implementation of this Resolution in their provinces; decide urgent measures and solutions for containment as appropriate to local situation; where necessary, consult Party Executive Committees and propose that Standing Committees of People's Councils decide matters within the competence of People’s Councils and report to People’s Councils in the upcoming meetings.

Ministries and local governments shall promptly report difficulties arising or beyond their competence to the Government, Prime Minister, National Steering Committee and competent authorities.

2. Where it is necessary to promulgate regulations on COVID-19 prevention and control different from existing regulations of law and outside of the scopes mentioned in Section 3.1 and Section 3.2 of the National Assembly’s Resolution No. 30/2021/QH15, when the National Assembly is not convening, ministries, central government authorities and local governments shall send the regulations to the Ministry of Health for consolidating and proposing to the Government, which will report to the Standing Committee of the National Assembly for consideration and decision according to simplified procedures before they are implemented as per regulations in Point 3.3 of the National Assembly’s Resolution No. 30/2021/QH15.

3. For matters concerning social security protection and support for workers and employers within the competence of the National Assembly and Standing Committee of the National Assembly, based on the situation and actual need, ministries and local governments shall propose the matters to the Ministry of Labor - War Invalids and Social Affairs for consolidating and proposing to the Government, which will report to the Standing Committee of the National Assembly for consideration and decision before they are carried out as per regulations in Points 3 and 4 of the National Assembly’s Resolution No. 30/2021/QH15.

4. Ministries, ministerial-level agencies, Governmental agencies and provincial People’s Committees shall, within their competence, review the implementation of this Resolution and regulations related to COVID-19 prevention and control.

The COVID-19 pandemic develops quickly and unpredictably, thus, the fight against it is unprecedented. During the implementation of this Resolution, ministries and local governments shall closely follow the situation, promptly resolve difficulties arising within their competence, propose amendment to or promulgation of regulations and send the proposals to the Ministry of Health, which will submit consolidated reports to the Government and Prime Minister.

5. The Government sincerely requests Vietnam Fatherland Front, socio-political organizations, social organizations, mass organizations, enterprises and citizens to proactively cooperate with governments at all levels and regulatory bodies to overcome difficulties, perform tasks and adopt solutions provided to control the situation, fight the pandemic, protect people’s lives and health, and facilitate socio-economic recovery and development.

Article 4. Implementation clause

1. This Resolution takes effect from July 28, 2021 to December 31, 2022 inclusive.

2. Exemption of certificates of analysis (COA) mentioned in Point c Clause 1 Article 2 of this Resolution takes effect from February 01, 2021.

3. Payment of medical examination and treatment costs at COVID-19 treatment facilities mentioned in Clause 5 Article 2 herein takes effect from the date of issuance of decision on COVID-19 treatment facility establishment.

4. Regulations in Point c Clause 4 Article 2 of this Resolution supersede Clause 3 Article 1 of the Government’s Resolution No. 79/NQ-CP dated July 22, 2021.

Article 5. Ministers, heads of ministerial-level agencies, heads of Governmental agencies and Chairpersons of provincial People’s Committees shall implement this Resolution./.