Law to promote the acquisition of vaccines by the private sector and other sectors
Law No. 31225, entitled “Law promoting the acquisition and supply of the Sars-Cov-2 coronavirus vaccine as a vaccine health strategy to ensure rapid access”Was published in the Official Journal“ El Peruano ”on June 21, 2021.
In summary, the law provides the following for companies in the private sector:
- The Ministry of Health allows the private sector to import or purchase vaccines against the SARS-CoV-2 coronavirus.
- The deadline for issuing this authorization is seven calendar days.
- Private companies must make these vaccines available to the National Strategic Resources Supply Center (CENARES in Spanish) of the Ministry of Health, so that they can be distributed free of charge in accordance with the provisions of Law 31091.1.
- Private companies “will have priority to vaccinate their staff” but within the framework of the National Vaccination Plan established by Ministerial Resolution N ° 848-2020 / MINSA2.
- The Ministry of Health will coordinate with private health entities for the implementation of this vaccination process for private companies.
- Vaccines purchased by companies will be considered an expense deductible from income tax “as long as the health emergency lasts”.
- The Ministry of Economy and Finance “will assess” whether the tariff on these vaccines is removed.
- Finally, this law must be regulated within a period not exceeding 10 calendar days.
As can be seen, the regulations will need to clarify certain aspects of the law, including the following:
- How will the vaccination process itself progress? If private companies deliver vaccines to CENARES and then request a “priority”, a procedure for accessing this prioritization must be considered.
- What is the legal mechanism that authorizes private companies to purchase and import vaccines (permit, license, conditional registration)?
- How will this “authorization” procedure work? Will he be in charge of DIGEMID?
Finally, we must keep in mind what will happen if the judgment of the judiciary declaring the National Vaccination Plan inapplicable to private companies is definitively confirmed.
We hope this information is relevant to you and your business. If you need to dig deeper into the subject, contact us.
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1. “Law that guarantees access to preventive and curative treatment for SARS-COV-2 coronavirus disease and other diseases that give rise to national health emergencies and other pandemics declared by the World Organization for health “.
2. However, by judgment dated May 31, 2021, the second specialized court in civil matters of La Molina and Cieneguilla (by way of amparo) declared the following rules INAPPLICABLE to private sector companies: a) article 5 Law 31091, which establishes compliance with the immunization schedule with the participation of regional governments and health sectors to ensure access and coverage; and b) Ministerial Resolution No. 848-2020 / MINSA, approving the National Vaccination Plan. This conviction was appealed.