According to Ms. Tran Thanh Thao (Tien Giang), on May 31, 2019, the Ministry of Health issued Circular No. 08/2019 / TT-BYT to guide the standards and norms of using machinery and equipment specialized using in the medical field, accompanied by the Appendix Guide. Appendix 1 has 4 columns including No., categories, units and quantities. When the Department of Health proposes a list of transferring to the Finance Department of Appraisal, the Department of Finance requires additional prices to the list because it is said that Circular No. 08/2019 / TT-BYT is a specialized guideline (not Request price pressure) but not higher than Decision No. 50/2017 / QD-TTg and Law on Management and Use of public assets.

Ms. Thao asked, if the norm is applied, which norm should we applied, while the price of the medical device depends on the configuration, production year, and production location...?

If the price is low, the next few years of purchase is not unrealized, not enough features; If high price pressure is not possible because there is no legal basis (rely only on quotation). Since then, it is difficult for units to submit to the list.

If the price is not supplemented, the Department of Finance does not evaluate and submit to the Provincial People's Committee for approval. If the price is supplemented, it takes a lot of time (thousands of devices), but in the wrong form under specialized guidelines in Circular No. 08/2019 / TT-BYT. So, the application of Circular No. 08/2019 / TT-BYT to build standards and norms of using specialized medical equipment and equipment in the local area (without price) is true or wrong?

In this regard, the Ministry of Health replied as follows:

Performing assigned tasks, on the basis of reporting to the Prime Minister and the comments of the Ministry of Finance, the Ministry of Justice and related units, the Ministry of Health has summarized and issued Circular No. 08/2019 / TT-BYT dated 31/5/2019 Guiding the standards and norms of using specialized machinery and equipment in the medical field, accompanied by the appendices of the guidelines. Content of the circular has detailed in detail the construction of standards and norms of use in categories, quantity (machinery and equipment in the medical field) for medical equipment used at the Mechanical Public Health Department for units and localities as a basis for implementation.

For localities, according to the provisions of Clause 1, Article 24 of the Law on Management and Use of public assets: "Standards and norms of public asset use at agencies, organizations and units are regulations on strains type, quantity, price and subjects used by agencies and competent persons".

Under the provisions of Clause 3, Article 10, Decision 50/2017 / QD-TTg: "Provincial People's Committee issued or decentralized its competence to promulgate standards and norms of use of specialized machinery and equipment according to competence regulation Point b Point b, Clause 1, Point b, Clause 2, Article 8 of this Decision ensures saving and efficiency, suitable to the work nature, in accordance with the ability of the State budget and shall take responsibility before law my decision".

Therefore, in case of management, localities may regulate prices and take responsibility before law for this content to ensure saving, efficiency, consistent with the nature of work, suitable to the ability of the budget.

Currently, the Ministry of Health is implementing the public information portal of medical equipment prices (congkhaigiadmec.moh.gov.vn) to provide information on medical equipment prices with configuration information, technical features and services help units as a basis for reference while implementing.

In addition, the Ministry of Health has also publicized the results of medical equipment bidding at: https://congkhakhaketquathau.moh.gov.vn/ to research units and implementation.