Chapter III
STATE MANAGEMENT OF DRUG PRICES
Article 8.- Principles on the state management of drug prices
1. The State shall manage drug prices on the principles that drug-producing, -exporting, -importing or -dealing establishments themselves shall set prices, compete on prices and submit to the inspection and control by state bodies competent to manage drug prices under the provisions of law on pharmacy and other relevant legal documents; apply measures to stabilize drug prices on the market in order to meet the requirements of servicing the people's healthcare work.
2. Drugs subject to price management under the provisions of this Decree are drugs being finished products permitted by the Health Ministry for circulation and use in Vietnam.
3. Drug-dealing establishments shall fully comply with the provisions on declaration and posting of drug prices and take responsibility before law for the declared and posted drug sale prices as provided for by the Pharmacy Law, this Decree and other relevant legal documents.
Article 9.- Types of drug prices which must be declared and posted
1. Types of drug prices include:
a/ Import prices, which are the prices inclusive of drug value calculated at prices set by exporting countries, insurance cost, freight from exporting countries to Vietnamese ports (called CIF prices for short) and exclusive of import tax (if any);
b/ Wholesale prices, which are drug sale prices among drug dealing establishments; or between drug-dealing establishments and medical examination and treatment establishments;
c/ Drug retail prices, which are the prices of drugs sold directly to users at retail establishments;
d/ Projected retail prices, which are the prices of drugs projected to be sold directly to users by drug-producing or -importing establishments.
2. Drug prices shall be declared or posted up in Vietnamese currency and calculated for the smallest packing unit.
Article 10.- Drug price declaration
1. When submitting drug registration dossiers, depending on the business form of wholesale or retail applicable to each goods item, drug-producing establishments shall declare the projected wholesale and retail prices in Vietnam, and the import prices (in case of imported drugs). Where drug-producing establishments do not have their names for drug registration, the drug-registering establishments shall declare the drug prices strictly according to regulations.
2. When submitting drug import dossiers which have not been given registration numbers, depending on the business form of wholesale or retail applicable to each goods item, drug-importing establishments shall declare the drug import prices, the projected wholesale and retail prices in Vietnam.
3. In the course of trading in drugs, drug-producing establishments and drug-importing establishments must not sell drugs at prices higher than the declared prices. In case of selling their drugs at prices higher than the declared prices, they must make re-declaration and explain the reasons therefor to drug price state management bodies before applying the new prices. In cases of selling their drugs at prices lower than the declared prices, they must observe the legal provisions against dumping.
4. The drug prices at the time of declaration and re-declaration must not be higher than the corresponding prices of drugs of the same types in regional countries with medical and commercial conditions similar to those in Vietnam at the same time. The regional countries having medical and commercial conditions similar to those in Vietnam are countries which have the following statistical indices similar to those of Vietnam:
a/ Per-capita average national income/year;
b/ Per-capita average purchasing power/year;
c/ Networks of providing services on preventive medicine, medical examination and treatment, functional rehabilitation and health improvement and drug supply to people.
The Health Ministry shall assume the prime responsibility for, and coordinate with the Trade Ministry and relevant ministries and branches in, specifically announcing the list of regional countries having medical and commercial conditions similar to those in Vietnam.
5. The drug price state management body shall have to update and publicly announce the drug prices declared by drug-dealing establishments on their websites, specialized magazines and other mass media for use as bases for patients and medical examination and treatment establishment to refer to when buying drugs; competent state agencies shall organize inspection and examination of the observance of provisions on drug price declaration by drug-producing, - registering or ' importing establishments under the provisions of this Article.
Article 11.- Posting of drug prices
1. Drug-producing, -importing, -wholesaling establishments shall post the wholesale prices of drug of every kind by way of displaying them on boards, papers or other objects placed, hung or stuck at drug sale places convenient for easily noticeable by customers and competent state bodies and shall not sell them at prices higher than the posted prices.
2. Drug-retailing establishments shall post the retail prices of drug of every kind by way of printing, writing or sticking them on drug packages or outer packages and shall not sell drugs at prices higher than the posted prices.
3. Medical examination and treatment establishments which supply assorted drugs on the lists of those largely used by medical examination and treatment establishments in service of emergency, medical examination and treatment demands of patients at the establishments where these kinds of drugs are purchased not under the provisions of Clause 2, Article 12 of this Decree, shall post the supply prices of drugs of every kind. Drug supply prices at medical examination and treatment establishments shall not be higher than the common retail prices of the same kinds of drugs in the same geographical areas and at the same time.
Article 12.- Management of drug prices paid by state budget and health insurance
1. The drug price state management body shall have to announce the maximum prices of drugs paid by state budget and health insurance once every 6 months or in case of price fluctuation.
The Health Ministry shall base on the socio-economic development situation in each period to ensure adequate quality drugs at reasonable prices, meeting the people's demands, and coordinate with the Finance Ministry, the Trade Ministry and other relevant agencies in guiding in detail the determination and announcement of maximum prices of drugs provided for in this Clause.
2. The purchase of drugs on the lists of drugs largely used in public medical examination and treatment establishments and drugs to be paid by state budget shall be effected through bidding under the provisions of law on bidding, ensuring the following principles:
a/ Prioritizing the purchase of home-made drugs of the same types, equivalent quality and with prices not higher than import drug prices at the time of bidding;
b/ The bid-wining prices must not be higher than the current maximum prices announced at the latest time provided for in Clause 1 of this Article.
3. The Health Minister shall assume the prime responsibility for, and coordinate with the Minister of Planning and Investment and the Finance Minister in, guiding in detail the bidding for drugs as provided for in Clause 2 of this Article.
Article 13.- Drug price state management body
Vietnam Pharmacy Management Department of the Health Ministry shall act as the body assisting the Health Minister in performing the function of state management of drug prices.
The Heath Minister shall define the drug price-managing functions and tasks of the Vietnam Pharmacy Management Department.
Tìm kiếm
Nghị định 79/2006/NĐ-CP (Bản Word)