JOINT CIRCULAR

GUIDELINES FOR FUNCTIONS, TASKS, ENTITLEMENTS AND ORGANIZATIONAL STRUCTURE OF DEPARTMENTS OF HEALTH AFFILIATED TO PEOPLE’S COMMITTEES OF PROVINCES AND CENTRAL-AFFILIATED CITIES AND HEALTH AURTHORITIES AFFILIATED TO PEOPLE’S COMMITTEES OF DISTRICTS AND PROVINCIAL-AFFILIATED CITIES

Pursuant to the Government’s Decree No. 36/2012/ND-CP dated April 18, 2012 defining functions, tasks, entitlements and organizational structure of Ministries and ministerial agencies;

Pursuant to the Government’s Decree No. 63/2012/ND-CP dated August 31, 2012 defining functions, tasks, entitlements and organizational structure of Ministry of Health;

Pursuant to the Government’s Decree No. 58/2014/ND-CP dated June 16, 2014 defining functions, tasks, entitlements and organizational structure of Ministry of Home Affairs;

Pursuant to the Government’s Decree No. 24/2014/ND-CP dated April 18, 2012 defining organizational structure of specialized agencies affiliated to People's Committees of provinces and central-affiliated cities;

Pursuant to the Government’s Decree No. 37/2014/ND-CP dated May 05, 2014 defining organizational structure of specialized agencies affiliated to People's Committees of districts and provincial-affiliated cities;

Pursuant to the Government Office’s Document No. 378/TB-VPCP dated November 18, 2015 notifying conclusion given by the Prime Minister at the cabinet meeting about management of local healthcare service providers;

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Chapter I

DEPARTMENTS OF HEALTH

Article 1. Positions and functions

1. Department of Health is a specialized agency affiliated to the People’s Committee of the province, and meant to assist the People's Committee of the province in performing state management of health, including: preventive medicine; medical diagnosis and treatment; rehabilitation; medical examination, forensic examination and forensic psychiatric assessment; traditional medicine; medical equipment; pharmaceutical products; cosmetics; food safety; health insurance; population and family planning; reproductive health and other healthcare services within a province in accordance with regulations of law.

2. The Department of Health has a separate legal status, seal and account, is under the direction and management of the People's Committee of the province regarding organizational structure, payroll and operations and is under the direction and guidance and subject to specialized inspection of the Ministry of Health.

Article 2. Tasks and entitlements

1. Submit the following documents to the People’s Committee of the province:

a) Draft decisions, draft directives; long-term, 5-year or annual planning and plans; programs, schemes, projects and solutions for administrative reform and other documents concerning healthcare sector that shall be promulgated by the People's Council and People’s Committee of the province;

b) Draft documents defining functions, tasks, entitlements and organizational structure of the Department of Health;

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2. Submit the following documents to the President of People’s Committee of the province:

a) Draft decisions, draft special directive and other documents concerning local healthcare sector that shall be promulgated by the People’s Committee of the province;

b) Draft decisions on establishment, merger, full division, partial division and dissolution of affiliates of Department of Health;

c) Draft documents on relationship between Department of Health and other departments and authorities of provinces and People's Committees of districts about local healthcare services; between health authorities and units and organizations related to healthcare services within districts;

d) Draft programs and solutions for mobilizing resources and promoting inter-agency cooperation in disease prevention and control, food safety, population and family planning and other local healthcare services.

3. Provide counseling on and organize the formulation of legislative documents; review, systematize, inspect and address legislative documents, disseminate laws, supervise the implementation of laws, inspect the implementation of laws, planning, plans, programs and schemes on healthcare services under the management of the Department of Health as prescribed by law.

4. Certify advertising contents with respect to special products and services under the management of the Department of Health as prescribed by law.

5. Regarding healthcare communication and education:

a) Organize healthcare communication and education;

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6. Regarding preventive medicine:

a) Direct, provide guidelines and assess the adherence to professional regulations, national technical standards in prevention and control of infectious diseases; HIV/AIDS; treatment for opioid addiction; non-communicable diseases; occupational diseases, accidents and injuries; environmental health, school healthcare, occupational sanitation and health; community nutrition; border health quarantine; insecticidal and germicidal chemicals and preparations for household and medical use within provinces;

b) Direct and organize the supervision of infectious diseases, non-communicable diseases, mysterious diseases; early detect infectious diseases causing epidemics; declare outbreak as prescribed by law; provide counseling on the declaration of outbreak and successful outbreak control for People’s Committees of provinces in accordance with the law;

c) Organize the provision of vaccines and medical biologicals to eligible entities as per the law; organize the receipt of applications for issuance of certificate of eligibility to give vaccination and issuance thereof within provinces as prescribed by law;

d) Issue, reissue and revoke certificates of biosafety of laboratories as prescribed by law;

dd) Be in charge of tobacco harm reduction, alcohol, beer and alcoholic drink harm reduction within provinces;

e) Act as a standing member of the Steering Committee for disease and HIV/AIDS prevention and control within a province.

7. Regarding medical diagnosis and treatment, and rehabilitation:

a) Direct, provide guidelines and supervise the implementation of legislative documents, professional regulations and national technical standards applied to health facilities, and rehabilitation, medical examination, forensic examination, and forensic psychiatric assessment centers according to the management hierarchy and technical level;

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c) Allow health facilities to apply new techniques and methods as prescribed by law.

8. Regarding traditional medicine::

a) Organize the inheritance and promotion of traditional medicine and combination of traditional medicine and modern medicine upon medical diagnosis and treatment, rehabilitation, training, scientific research and production of traditional medicines;

b) Direct, provide guidelines and supervise the implementation of legislative documents, professional regulations and national technical standards applied to health facilities and rehabilitation centers using traditional medicine within provinces;

c) Issue, reissue, suspend and revoke traditional medicine practicing certificates, and issue, reissue, adjust, suspend and revoke operating licenses of traditional medicine facilities in accordance with laws.

9. Regarding pharmaceutical products and cosmetics:

a) Provide guidelines for monitoring of pharmaceutical product and cosmetic quality and monitor thereof. Direct and supervise the recall of pharmaceutical products;

b) Direct the management and sale of pharmaceutical products, and pharmacy practice (issuance, suspension and revocation of pharmacy practice certificates), issuance of certificates of eligibility for pharmaceutical product trading and issuance of cosmetic notification number as prescribed by law;

c) Manage selling prices of drugs and drug bidding as prescribed by law;

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10. Regarding food safety:

a) Take charge of formulating or propose promulgation of local technical regulations on food safety of local special food products as prescribed by law;

b) Monitor product quality and producers and traders of food additives, food processing aids, implements, containers and packaging, bottled water, natural mineral water, functional foods, micronutrients and other foods within provinces as assigned by the Ministry of Health;

c) Organize the receipt of declarations of conformity or certificates of declaration of conformity with the food safety regulations; issue certificates of food safety and certificates of completion of food safety training programs to food and drink businesses and producers and traders of food products as prescribed by law;

d) Manage food safety within provinces; inspect fulfillment of food safety requirements by micro food producers and sellers, street vendors, food and drink businesses and markets;

dd) Act as a standing member of the Inter-agency Steering Committee for food safety within a province.

11. Regarding medical equipment and constructions:

Provide guidelines and assess the implementation of laws on medical equipment and constructions.

12. Regarding population and family planning and reproductive health:

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b) Organize, provide guidelines, inspect, supervise and assess the implementation of policies, programs, schemes, projects and models related to population and family planning and reproductive healthcare services;

c) Give permission for adopting sex reassignment procedures and assisted reproductive technologies in accordance with laws;

d) Act as a standing member of the Steering Committee for population and family planning within a province.

13. Regarding health insurance:

Provide counseling, direct and provide guidelines for implementation of policies and laws on health insurance.

14. Regarding healthcare personnel training:

a) Organize the implementation of plans for healthcare personnel training policies on healthcare personnel development within provinces;

b) Manage healthcare personnel training institutions as assigned by the People’s Committee of the province.

15. Assist the People’s Committee of the province in performing state management of enterprises, collective and private business entities; provide guidelines and inspect operations of associations and non-governmental organizations involved in healthcare services within provinces as prescribed by law.

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17. Promote international cooperation in healthcare services as assigned or authorized by the People’s Committee of the province.

18. Take responsibility for providing professional guidelines for fields under the management of the Department of Health for health authorities affiliated to People’s Committees of districts.

19. Conduct researches, apply scientific and technological advances and technologies; establish an information and archiving system to serve state management and professional operations related to healthcare services.

20. Carry out inspection, take actions against violations and settle complaints and denunciations, prevent and fight against corruption, practice thrift and fight against wastefulness in the healthcare sector as prescribed by law and as assigned or authorized by the People's Committee of the province.

21. Define functions, tasks and entitlements of organizations affiliated to the Department in conformity with functions, tasks and entitlements of the Department of Health; provide for functions, tasks, rights, entitlements, organizational structure and professional relationship of authorities and public service providers affiliated to the Department under the general guidance of the Ministry of Health, Ministry of Home Affairs and relevant Ministries and regulations of the People’s Committee of the province.

22. Manage organizational structure, payroll, ranks of officials, job positions and ranks of public employees by professional titles public service providers affiliated to the Department; implement salary regimes and policies on preferential treatment, commendation and reward, and impose disciplinary penalties against officials, public employees and employees under the management of the Department as prescribed by law and as assigned or authorized by the People’s Committee of the province.

23. Provide guidelines and inspect the exercise of autonomy by public service providers as prescribed by law.

24. Manage and take responsibility for finance and allocated assets as prescribed by law and as assigned or authorized by the People’s Committee of the province.

25. Provide information and submit reports on performance of assigned tasks to the People’s Committee of the province and Ministry of Health on a periodic or ad-hoc basis.

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Article 3. Organizational structure and payroll

1. Heads of the Department of Health:

a) The heads of the Department of Health include the Director and no more than 03 Deputy Directors;

b) The Director of the Department of Health is responsible to the People’s Committee of the province, President of the People’s Committee of the province and law for performing functions, tasks and state management of healthcare sector within the province; is responsible for submitting reports on task performance to the People’s Committee of the province, President of the People’s Committee of the province and Minister of Health; submitting reports on task performance to the People’s Council of the province, responding to propositions of voters and questions of delegates of the People’s Council of the province;

c) The Deputy Directors of the Department of Health assist the Director of the Department of Health in directing performance of some tasks and is responsible to him/her and law for the fulfillment of their tasks. In the Director's absence, a Deputy Director authorized by the Director shall manage the operations of the Department;

d) The Director and Deputy Directors of the Department of Health appointed by the President of the People’s Committee of the province according to the standard in titles promulgated by the Ministry of Health and regulations of law. The Director and Deputy Directors shall not hold the title of the head of an inferior authority that has a legal status (unless otherwise prescribed by a superior authority);

d) The President of the People’s Committee of the province shall decide to dismiss, reassign, reward, impose disciplinary penalties against, give permission for resignation or retirement and provide benefits to the Director and Deputy Directors.

e) The Director shall decide to or request a competent authority to decide to appoint or dismiss the heads or deputy heads of organizations and units affiliated to the Department as authorized by the People’s Committee of the province and according to the standard in titles promulgated by the People’s Committee of the province.

2. Assisting and professional organizations affiliated to the Department of Health:

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b) Inspection Division;

c) Personnel and Organization Division;

d) Medicine Division;

dd) Pharmacy Division;

e) Planning - Finance Department.

The Director of the Department of Health shall, according to characteristics and regulatory requirements of each area, take charge and cooperate with the Director of the Department of Home Affairs in requesting the President of the People’s Committee of the province to decide to establish the Division for Private Medical and Pharmaceutical Practice Management or an organization bearing another name to ensure all fields under his/her management are covered.  The organizations affiliated to the Department of Health shall not exceed 07.

3. Authorities affiliated to the Department of Health:

a) Population and Family Planning Branches;

b) Sub-departments of Food Hygiene and Safety.

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4. Public service providers affiliated to the Department of Health:

According to local current situation, the Director of the Department of Health shall take charge and cooperate with the Director of Home Affairs in requesting the People’s Committee of the province to establish public service providers affiliated to the Department according to the planning approved by the competent authority and regulations of law;

a) Regarding preventive and specialized medicine: Establish Disease Control Centers in provinces on the basis of merging the centers having the same functions; merge specialized centers and centers having patient beds with the General Hospital of the province or establish a specialized hospital if sufficient sources are provided;

b) Regarding medical diagnosis and treatment and rehabilitation: Establish General Hospitals of provinces, regional General Hospitals, Traditional Medicine Hospitals of provinces and specialized hospitals of provinces in a manner that is relevant to local current situation. Establish a General Hospital of the district only if realistic demand is made, sufficient sources are provided and standards applied to a Grade II hospital with the approval of a competent authority are satisfied;

c) Regarding quality control: Establish Drug, Cosmetic and Food Quality Control Centers;

d) Regarding forensic examination: Establish forensic examination centers;

dd) Regarding medical examination: Establish medical examination centers;

e) Regarding training: establish medical colleges or medical intermediate schools;

g) Regarding health centers of districts: Health centers of districts are uniformly organized in districts and licensed to provide healthcare services related to preventive medicine, medical examination and treatment and rehabilitation; regional clinics, regional maternity houses (if any) and health centers of communes in a district are affiliated to the district health center.

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a) Payroll of public service providers affiliated to the Department of Health is assigned on the basis of job positions in association with functions, tasks and scope of operation and included in the payroll of authorities and public service providers of provinces and central-affiliated cities that is assigned or approved by the competent authority.

b) According to the functions, tasks, organizational structure and list of jobs, ranks of officials and public employees by professional titles approved by a competent authority, the Department of Health shall take charge and cooperate with the Department of Home Affairs in preparing an annual plan for making payroll of public service providers and submitting it to the People’s Committee of the province, which will submit it to a competent authority for consideration as prescribed by law.

Chapter II

HEALTH AUTHORITIES

Article 4. Positions and functions

1. Health authority is a specialized agency affiliated to the People’s Committee of the district, and meant to assist the People's Committee of the district in performing state management of health, including: preventive medicine; medical diagnosis and treatment, rehabilitation; traditional medicine; reproductive health; medical equipment; pharmaceutical products; cosmetics; food safety; health insurance; population and family planning within a district.

2. Each health authority is under the direction and management of the People's Committee of the district regarding organizational structure, payroll and operations and is under the direction and guidance and subject to specialized inspection of the Department of Health.

Article 5. Tasks and entitlements

Each health authority has the following tasks and entitlements:

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2. Organize the implementation of legal documents, planning and plans approved by the competent authority; disseminate information and laws; supervise law enforcement within its jurisdiction.

3. Assist the People’s Committee of the district in and take responsibility for appraising, applying for and issuing healthcare sector-related licenses and certificates within its power as prescribed by law and as assigned by the People's Committee of the district.

4. Assist the People’s Committee of the province in performing state management of enterprises, collective and private business entities; provide guidelines and inspect operations of associations and non-governmental organizations involved in healthcare services within the district as prescribed by law.

5. Provide professional guidelines for the fields under its management for officials of communes.

6. Organize the application of scientific and technological advances; establish an information and archiving system to serve state management and professional operations related to the assigned fields.

7. Provide information and submit reports on performance of assigned tasks to the People’s Committee of the district and Department of Health on a periodic or ad-hoc basis.

8. Inspect the implementation of laws by organizations and individuals upon their performance of assigned tasks; settle complaints and denunciations; prevent and fight against corruption, practice thrift and fight against wastefulness as prescribed by law and as assigned by the People's Committee of the district.

9. Manage organizational structure, job positions, payroll and ranks of officials; implement salary regimes and policies on preferential treatment, commendation and reward, and impose disciplinary penalties against officials under its management as prescribed by law and as assigned by the People’s Committee of the district.

10. Manage and take responsibility for finance and allocated assets as prescribed by law soft and as assigned by the People’s Committee of the district.

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Article 6. Organizational structure and payroll

1. Organizational structure

a) A health authority includes the head and no more than 02 deputy heads and officials;

b) The head is responsible to the People’s Committee of the district and President of the People’s Committee of the district and law for operations of the health authority;

c) The deputy heads assist the head in directing performance of some tasks and is responsible to the head and law for the fulfillment of their tasks. In the head’s absence, a deputy head authorized by the head shall manage the operations of the authority;

d) The President of the People’s Committee of the district shall decide to dismiss, reassign, reward, impose disciplinary penalties against, give permission for resignation and provide benefits to the head and deputy heads.

2. Payroll

a) Payroll of a health authority is assigned on the basis of job positions according to its functions, tasks and scope of operation and included in the payroll of authorities of the People’s Committee of the district that is assigned by the competent authority;

b) According to the functions, tasks, list of jobs and ranks of officials approved by a competent authority, the health authority shall prepare an annual plan for making payroll as prescribed by law.

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IMPLEMENTATION

Article 7. Effect

1. This Joint Circular comes into force from January 01, 2016.

2. The Joint Circular No. 03/2008/TTLT-BYT-BNV dated April 25, 2008 of the Ministry of Health and the Ministry of Home Affairs is null and void from the effective date of this Joint Circular.

3. Functions, tasks and organizational structure of local population and family planning authorities remain unchanged until a replacing document is promulgated.

Article 8. Responsibility for implementation

People’s Committees of provinces shall organize the implementation of this Joint Circular and define tasks, entitlements and organizational structure of Departments of Health; instruct People’s Committees of districts to define tasks, entitlements and organizational structure of health authorities;

Difficulties that arise during the implementation of this Joint Circular should be promptly reported to the Ministry of Health and the Ministry of Home Affairs for consideration./.

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PP. THE MINISTER OF HEALTH
THE DEPUTY MINISTER




Nguyen Thanh Long