Nghị quyết 93/NQ-CP

RESOLUTION

ON A NUMBER OF MECHANISMS AND POLICIES ON MEDICAL DEVELOPMENT

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of Government;

Pursuant to the November 23, 2009 Law on Medical Examination and Treatment;

Pursuant to the Government’s Decree No. 85/2012/ND-CP of October 15, 2012, on operational and financial mechanisms applicable to public non-business health units and prices of medical examination and treatment services of public medical examination and treatment establishments;

Pursuant to the Government s Decree No. 08/2012/ND-CP of February 16, 2012, promulgating the working regulation of the Government;

Pursuant to the Government’s Resolution No. 56/NQ-CP of August 4, 2014, on the Government’s July 2014 regular meeting,

RESOLVES:

Article 1. To further implement the following mechanisms and policies in order to promote the cooperation and development of medical examination and treatment establishments:

1. Public medical examination and treatment establishments and public medical universities (below referred to as public medical examination and treatment establishments) may cooperate and invest to implement their projects by the following methods:

a/ To boưow capital to build and establish new medical examination and treatment establishments in the current precinct, and decide on the organizational apparatus and appropriate management methods;

b/ To establish joint ventures or partnerships with investors (by making capital contribution in money, physical facility, capacity, quality and prestige of units) to build and establish new medical examination and treatment establishments operating as enterprises. The life of joint ventures or partnerships shall be discussed by parties in accordance with the law.

- For projects built on land assigned to public medical examination and treatment establishments, the land use rights still belong to public medical examination and treatment establishments. When the duration of joint ventures or partnerships terminates, land-attached assets shall belong to public medical examination and treatment establishments.

- For projects built on land not under the use right of public medical examination and treatment establishments, new medical examination and treatment establishments shall be named after public medical examination and treatment establishments; the specific name shall be discussed by parties.

2. Public medical examination and treatment establishments may assign civil servants and public employees (below referred to as employees for short) to work at private hospitals.

3. Capital and investment credit mechanisms

a/ Public medical examination and treatment establishments may borrow investment credit loans from the Vietnam Development Bank to implement investment projects by the methods specified in Clause 1 of this Article;

b/ In case of borrowing loans from credit institutions, they are entitled to state budget supports for the difference between the lending interest rate of credit institutions and that of the state for development investment;

c/ Capital contributed by and borrowed from organizations and individuals, including civil servants, public employees and employees; the fund for development of non-business activities;

d/ Capital contribution in the value of capacity, quality and prestige of units shall be assessed accordingly, and agreed by public medical examination and treatment establishments and investors in their joint-venture or partnership plans approved by authorized agencies. This rate shall be kept stable throughout the operation of joint ventures or partnerships, even in cases of expansion or increase of their operational capital.

4. Public medical examination and treatment establishments may assign employees to work at the medical examination and treatment establishments provided in Clauses 1 and 2 of this Article, under the principle of publicity, democracy and voluntariness of employees. Public medical examination and treatment establishments shall take the responsibility for and adopt plans to ensure human resources for regular operations of units.

5. The medical examination and treatment establishments specified in Clause 1 of this Article may apply the depreciation mechanism applicable to enterprises; and enjoy highest preferential policies and income taxes prescribed by law.

6. Prices of medical examination and treatment services requested by patients and those of medical examination and treatment establishments provided in Clause 1 of this Article shall be implemented under the principles of calculating all costs with accumulation. Heads of public medical units shall decide specific price rates within the price bracket jointly provided by the Ministry of Health and Ministry of Finance. Medical examination and treatment establishments operating as enterprises may decide on their price rates. All units shall declare and post up service prices in accordance with regulations.

7. Public medical examination and treatment establishments, whose total asset values have not yet been determined by authorized agencies for assignment to them for management as for state enterprises, shall determine the values of assets used for capital contribution according to regulations before implementing investment projects provided in this Resolution.

Article 2. Organization of implementation

1. Public medical examination and treatment establishments with projects borrowing loans from the Vietnam Development Bank and other credit institutions by the methods specified in Clause 1, Article 1 before the date of promulgating this Resolution shall draw up and submit plans to authorized agencies for approval to enjoy the mechanisms and policies provided in this Resolution.

2. Public medical examination and treatment establishments making investment by the methods specified in Clause 1, Article 1 shall draw up and submit plans to authorized persons for approval: specifically to ministers, heads of ministerial-level agencies or government-attached agencies for centrally run public medical examination and treatment establishments, and to chairpersons of provincial-level People’s Committees, for locally run public medical units.

3. The Ministry of Health shall assume the prime responsibility for, and coordinate with the Ministry of Finance in, promptly setting and promulgating the price bracket of medical examination and treatment services under the principles of calculating all costs with accumulation.-