Joint Circular No. 02/2008/TTLT/BYT-BNV guiding the implementation of certain provisions of Government Decree No. 43/2006/NĐ-CP dated April 25, 2006 on the rights to self-management and self-responsibility regarding the performance of tasks, organizational structure, staffing, and finance for public service units in the health sector.

JOINT CIRCULAR

GUIDELINES FOR IMPLEMENTATION OF CERTAIN PROVISIONS OF THE GOVERNMENT DECREE NO. 43/2006/NĐ-CP OF APRIL 25, 2006

ON AUTONOMY AND SELF-RESPONSIBILITY IN PERFORMING TASKS, ORGANIZATIONAL STRUCTURE, STAFFING, AND FINANCE FOR PUBLIC HEALTH SERVICE UNITS

CONCERNING THE GOVERNMENT DECREE NO. 43/2006/NĐ-CP OF APRIL 25, 2006 ON AUTONOMY AND SELF-RESPONSIBILITY IN PERFORMING TASKS, ORGANIZATIONAL STRUCTURE, STAFFING, AND FINANCE FOR PUBLIC HEALTH SERVICE UNITS (HEREINAFTER REFERRED TO AS DECREE NO. 43/2006/NĐ-CP)

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The Ministry of Health and the Ministry of Home Affairs issue guidelines for implementation of certain provisions of Decree No. 43/2006/NĐ-CP in the public health sector as follows:

I. SCOPE AND OBJECTS OF REGULATION

1. These Circulars provide guidance on the exercise of autonomy and self-responsibility in performing tasks, organizational structure, staffing, management, and utilization of cadres and civil servants for public health service units with legal personality, seals, and separate bank accounts established by competent state authorities (hereinafter referred to as units), including: medical examination and treatment facilities; preventive healthcare facilities; research institutions in medical and pharmaceutical technology, testing, inspection, certification, and health education communication; population-related public health service units; and other public health service units.

Such units shall implement financial autonomy and self-responsibility according to the guidelines of the Ministry of Finance.

2. Newspapers and magazines under the Ministry of Health shall apply these Circulars until specific guidelines from their respective ministries are issued.

3. Public health service units classified as scientific and technological organizations shall comply with Decree No. 115/2005/NĐ-CP of September 5, 2005 on the mechanism of autonomy and self-responsibility for public scientific and technological organizations.

4. Public health education and training units shall follow the guidelines of the Ministry of Education and Training.

II. AUTONOMY AND SELF-RESPONSIBILITY IN PERFORMING TASKS, ORGANIZATIONAL STRUCTURE, STAFFING, MANAGEMENT, AND UTILIZATION OF CADRES AND CIVIL SERVANTS OF PUBLIC HEALTH SERVICE UNITS

1. Regarding Task Performance

1.1. Tasks

a) Tasks assigned by state agencies based on the functions and responsibilities of the unit;

b) Other tasks determined independently by the unit that are consistent with its functions, capabilities, and conditions, outside those assigned by state agencies;

c) Contracts with domestic and foreign organizations and individuals for scientific research, science and technology services, disease prevention, medical treatment, and other economic contracts that align with the unit's capacity, expertise, and legal regulations;

d) Joint ventures and collaborations with domestic and foreign organizations and individuals in accordance with legal provisions.

1.2. Units may self-fund operational costs and partially fund operational costs, depending on their capacity, and undertake additional tasks as stipulated in Clause 3, Article 5 of Decree No. 43/2006/NĐ-CP.

1.3. Development of Task Implementation Plans

Based on the tasks defined in Points 1.1 and 1.2 of Clause 1, Section II of this Circular, units shall develop five-year and annual plans for task implementation and determine measures to execute them.

2. Regarding Organizational Structure

2.1. Units may establish or dissolve departments, divisions, and other subordinate organizations based on approved planning schemes or proposals by authorized bodies.

2.2. Units may reorganize, dissolve, or establish subordinate public service organizations that self-fund their operations to provide services consistent with their assigned functions, responsibilities, and autonomous operation plans.

3. Regarding Staffing

3.1. Development of Staffing Plans

Based on Circular Joint No. 08/2007/TTLT-BYT-BNV of June 5, 2007 by the Ministry of Health and the Ministry of Home Affairs on staffing standards for public health facilities; functions, responsibilities, needs, and actual capabilities, the head of the unit shall develop annual staffing plans, specifying the number of positions required for each subordinate organization, quality requirements, cadre structure, and usage period.

3.2. Authority to Decide and Approve Staffing

For units that self-fund regular operational expenses, the head of the unit has the authority to decide on staffing plans and is responsible for reporting such plans to the supervising body for consolidation, monitoring, and oversight.

For units that partially self-fund regular operational expenses and those fully funded by the state budget, the head of the unit must submit the staffing plan for approval by the competent authority.

3.3. The head of the unit may enter into contracts for hiring and outsourcing for tasks not requiring permanent staffing; sign labor contracts and other forms of cooperation with domestic and international experts and scientists in accordance with legal regulations.

4. Regarding Management and Utilization of Cadres and Civil Servants

4.1. Recruitment and Acceptance

Annually, based on approved staffing plans, the head of the unit develops recruitment plans, clearly defining the number of positions needed for each rank, recruitment conditions, standards, methods, and timing, and reports these plans to the approving authority. For units that self-fund regular operational expenses, the head of the unit has the authority to decide on recruitment plans.

The head of the unit may decide on the recruitment of civil servants through competitive examinations or direct appointments based on the specific characteristics of the fields being recruited and the particular circumstances of the unit, and organize recruitment in accordance with legal regulations.

The head of the unit has the authority to accept civil servants equivalent to the rank of associate physician and below.

4.2. Training and Capacity Building

Annually, based on staffing plans and training needs, the head of the unit develops and implements training and capacity-building plans for the unit's cadre and civil servant workforce.

Annually, based on the staffing plan and training needs, the head of the unit shall establish and implement the training and capacity-building plan for the cadre and civil servant workforce of the unit.

The head of the subordinate unit under the Ministry, agency equivalent to the Ministry, People's Committee of provinces and centrally governed cities shall decide on sending officials and staff members within the unit for domestic study and training, and for overseas study, observation, and survey in accordance with the provisions of the law. For the head and deputy head whose travel abroad for training and enhancement is decided by the supervising authority based on the proposal of the unit.

4.3. On appointment, reappointment, removal, dismissal, and resignation from leadership and management positions in the unit

The head of the unit shall submit to the competent authority for decision on the appointment, reappointment, removal, dismissal, and acceptance of resignation of the deputy head; and decide on the appointment, reappointment, removal, dismissal, and acceptance of resignation of leadership and management positions of subordinate organizations within the unit in accordance with the provisions of the law and be responsible for such decisions.

For units that have been classified as special and those designated by the Ministry of Health as specialized health centers in their regions, they shall implement in accordance with the regulations of the Ministry of Health.

4.4. On grade appointment, grade promotion, and grade transfer

The head of the unit shall submit to the competent authority for decision on the appointment of grades for staff members at the equivalent level of senior physician; decide on the appointment of grades for newly recruited staff members; and decide on the appointment of grades and grade transfers after training or grade examination for staff members under the unit's management at the equivalent level of associate physician and below in accordance with the provisions of the law.

4.5. On job assignment, division of work, transfer, secondment, rotation, and termination of employment contracts

The head of the unit shall be responsible for assigning and dividing work, and assigning tasks to staff members in accordance with their educational qualifications and grades, ensuring necessary conditions and policies for staff members to perform their duties.

The head of the unit shall decide on the transfer and secondment of staff members under the unit's management at the equivalent level of associate physician and below in accordance with the provisions of the law.

4.6. On salary increment

The head of the unit shall have the right to decide on regular salary increments and early salary increments, and overtime allowances exceeding the framework for staff members under the unit's management at the equivalent level of associate physician and below in accordance with the provisions of the law.

4.7. On retirement, resignation, and extension of working time

The head of the unit shall be responsible for issuing a written notice about the retirement date for all staff members in the unit six months prior to the date when the staff member reaches the retirement age.

The head of the unit shall issue a decision on retirement for staff members under the unit's management at the equivalent level of associate physician and below in accordance with the provisions of the law.

For staff members at the equivalent level of senior physician and deputy heads, after issuing the notice about the retirement date, the head of the unit must report to the competent authority for a decision on the retirement of the staff member in accordance with the provisions of the law.

The head of the unit shall have the right to resolve issues related to extending working time, resignation, and termination of employment contracts for staff members under the unit's management at the equivalent level of associate physician and below in accordance with the provisions of the law.

4.8. On evaluation, commendation, and disciplinary action

The head of the unit shall be evaluated and assessed by the supervising authority above;

The head of the unit shall be responsible for evaluating and assessing all staff members in the unit; implementing the system of competition and commendation in accordance with the provisions of the law;

The head of the unit shall have the right to decide on disciplinary actions against staff members under the unit's management at the equivalent level of associate physician and below in accordance with the provisions of the law.

III. IMPLEMENTATION

1. Responsibilities of the head of the unit

The head of the unit shall be responsible in accordance with Article 31 of Decree No. 43/2006/NĐ-CP and shall have specific responsibilities as follows:

1.1. To disseminate and implement Decree No. 43/2006/NĐ-CP and guiding documents to all officials and staff members in the unit; unify leadership and Party committee, trade union organization of the unit regarding policy direction, implementation timeline, short-term and long-term development orientation; build self-management and self-responsibility plans according to the guidance of the Ministry of Finance and this Circular;

1.2. Report to the Party committee of the unit before proposing to the higher authority or deciding on matters: Development planning, five-year plan, annual plan, and implementation measures; establishment, restructuring, dissolution of professional and other organizations under the unit; appointment, reappointment, removal, resignation, commendation, and disciplinary action for leadership and management positions; labor force arrangement plans;

1.3. Solicit opinions from the Trade Union Executive Board on matters: Internal expenditure regulations; democratic regulations of the agency; working regulations; commendation and disciplinary regulations, recruitment and use of officials and staff members and workers; joint venture and cooperation plans; loan and investment support plans; coordinate with the Trade Union Executive Board at the same level to organize the annual staff meeting in accordance with regulations;

1.4. Solicit opinions from the staff meeting or key staff members before proposing or deciding on matters: Development planning, five-year plan, annual plan, and implementation measures of the unit; labor force arrangement plans; internal expenditure regulations; democratic regulations of the agency;

1.5. Submit a written report seeking opinions from the supervising authority before making decisions on matters specified in Points 1.2 and 1.3, Clause 1, Section III of this Circular if there is disagreement between the Party committee and the Trade Union Executive Board of the unit and the head of the unit;

1.6. Send decisions to the supervising authority within ten days from the date of issuance of decisions on organizational structure, staffing, and personnel as stipulated in Articles 6, 7, and 8 of Decree No. 43/2006/NĐ-CP.

1.7. Fully implement the information and reporting system, regularly and promptly as required by the supervising authority regarding the activities of the unit.

2. Responsibilities of Ministries, ministerial-level agencies, and People's Committees of centrally governed cities and provinces

2.1. Ministries, ministerial-level agencies, and People's Committees of centrally governed cities and provinces shall fulfill their responsibilities as prescribed in Article 32 of Decree No. 43/2006/NĐ-CP and are responsible for organizing the implementation of this Circular; they shall organize mid-term reviews and evaluations of the implementation situation and submit reports to the Ministry of Health and the Ministry of Home Affairs before December 31 each year.

2.2. Units are responsible for developing self-management and self-responsibility plans in accordance with Decree No. 43/2006/NĐ-CP and submitting them to the competent authority for approval before July 2008.

Requirements for the content of the self-management and self-responsibility plan do not need to detail financial contents, but the dossier submitted to the supervising authority must include the decision granting self-management and self-responsibility rights over finances from the competent authority and related documents.

The competent authority approving the self-management and self-responsibility rights of public service units shall approve the plan within fifteen working days after receiving the submitted plan from the public service unit.

This Circular takes effect fifteen days after its publication in the Official Gazette. During the implementation process, if there are any difficulties or issues arising, it is requested that relevant agencies and organizations submit reports to the Ministry of Health and the Ministry of Home Affairs for consideration and resolution./.