Circular No. 02/2015/TT-BYT stipulates the functions, tasks, powers, and organizational structure of the Centers for HIV/AIDS Prevention and Control at provincial level and centrally-run cities.

CIRCULAR

Regulations on functions, tasks, powers, and organizational structure

of the HIV/AIDS Prevention and Control Center of the province or centrally governed city

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Pursuant to Decree No. 63/2012/NĐ-CP dated August 31, 2012 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Health;

Pursuant to Decree No. 85/2012/NĐ-CP dated October 15, 2012 of the Government on the operational mechanism, financial mechanism for public health institutions, and service fees for medical examination and treatment at public medical facilities;

Pursuant to Decree No. 24/2014/NĐ-CP dated April 4, 2014 of the Government on the organization of specialized agencies under the People's Committees of provinces and centrally governed cities;

At the proposal of the Director of the Department of Organization and Cadres and the Director of the HIV/AIDS Prevention and Control Department,

The Minister of Health promulgates this Circular stipulating the functions, tasks, powers, and organizational structure of the HIV/AIDS Prevention and Control Centers of provinces and centrally governed cities.

Article 1. Position and Functions

Article 1. The HIV/AIDS Prevention and Control Center of the province or centrally governed city (hereinafter referred to as the HIV/AIDS Prevention and Control Center of the province) is a public health institution under the provincial Department of Health, with the function of directing and organizing the implementation of professional and technical tasks related to HIV/AIDS prevention and control within the province; implementing public health services according to the provisions of the law.

Article 2. The HIV/AIDS Prevention and Control Center of the province has legal personality, its own seal, separate bank account, and office premises in accordance with the law.

Article 3. The HIV/AIDS Prevention and Control Center of the province is subject to comprehensive and direct guidance and management by the provincial Department of Health regarding organization, operation, and resources; it is also subject to professional guidance, inspection, and supervision by the Ministry of Health.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

Clause 1. To develop and implement plans for HIV/AIDS prevention and control based on the orientation, policies, strategies, and plans of the Ministry of Health and the actual situation of the locality, to be submitted to the competent authority for approval.

Clause 2. To organize and implement professional and technical tasks: harm reduction interventions, HIV transmission prevention; HIV counseling and testing; HIV/AIDS surveillance and sexually transmitted infection (STI) surveillance; HIV post-exposure prophylaxis; HIV/AIDS treatment and care; monitoring and evaluating HIV/AIDS prevention and control activities; coordinating and supplying antiretroviral drugs, drug substitution therapy for opiate addiction, equipment, materials, reagents, chemicals for HIV/AIDS prevention and control within the scope of its management authority. To cooperate with relevant units to implement activities to prevent mother-to-child HIV transmission; prevent HIV transmission in healthcare services; prevent sexually transmitted infections; prevent co-infection of Tuberculosis and HIV; ensure blood safety related to HIV/AIDS.

Clause 3. To organize and implement HIV/AIDS-related service activities including: HIV counseling and testing; methadone maintenance treatment for opiate addiction; HIV/AIDS diagnosis and treatment in accordance with the law.

Clause 4. To be the standing body of the Provincial Steering Committee for HIV/AIDS Prevention and Control and Drug and Prostitution Control; to direct, guide, and supervise the professional and technical aspects of HIV/AIDS prevention and control for district health centers, district preventive health centers, healthcare facilities, and commune health stations within the province.

Clause 5. To implement information, education, communication activities, and mobilize community participation in HIV/AIDS prevention and control.

Clause 6. To develop training plans and continuously organize training for staff of the Center; to participate in training and continuous professional training in the field of HIV/AIDS as a practical base for healthcare personnel training institutions at the provincial and central levels.

Clause 7. To conduct research and participate in scientific research and apply advances in science and technology in the field of HIV/AIDS.

Clause 8. To propose, manage, and implement projects, programs, national target programs, and international cooperation projects in the field of HIV/AIDS within the province when authorized and approved by the competent authority.

Clause 9. To organize the implementation of inspection and evaluation activities in the field of HIV/AIDS within the province.

Clause 10. To manage cadres, civil servants, employees, and financial and property management of the unit in accordance with the law.

Clause 11. To implement statistical and reporting systems in accordance with the law.

Clause 12. To perform other duties and powers assigned by the provincial Department of Health and other competent state agencies.

Article 3. Organizational Structure

Article 1. Leadership of the HIV/AIDS Prevention and Control Center of the province:

Point a. The HIV/AIDS Prevention and Control Center of the province shall have a Director and Deputy Directors in accordance with the law;

Point b. The Director of the HIV/AIDS Prevention and Control Center of the province is responsible before the Director of the provincial Department of Health and the law for all activities of the Center;

Point c. Deputy Directors of the HIV/AIDS Prevention and Control Center of the province shall be responsible for one or more areas of work assigned by the Center Director; they are responsible before the Director and the law for the tasks assigned to them. When the Director is absent, one Deputy Director may be delegated by the Director to manage the Center's operations;

Point d. The appointment and removal of the Director and Deputy Directors of the HIV/AIDS Prevention and Control Center of the province shall be carried out in accordance with the law and the cadre management delegation of the provincial People's Committee.

2. Functional Departments

通函生效及其他规定（第19-22条）

b) Planning and Finance Department.

Article 3. Specialized Departments and Divisions

Point a. Communication and Intervention Department;

Point b. Surveillance Department;

Point c. Management and Treatment Department;

Point d. Laboratory Department;

Point đ. Specialized HIV/AIDS Clinic (if there is a program for methadone maintenance treatment, it will be named "Specialized HIV/AIDS Clinic and Methadone Maintenance Treatment");

In addition to the above departments and divisions, depending on the specific needs and capabilities of the HIV/AIDS Prevention and Control Center of the province, other departments and divisions may be established by the competent state agency when conditions are met and in accordance with the law.

Detailed contents regarding the functions and tasks of the departments and divisions of the HIV/AIDS Prevention and Control Center of the province are guided in the appendix attached to this Circular.

Article 4. Job positions and number of staff

1. The position, number of staff, and organizational structure of the Provincial Center for HIV/AIDS Prevention and Control shall be determined based on the job position plan of the Center, which has been reviewed and approved by the competent state authority in accordance with the provisions of the law. In addition to the assigned personnel, the Director of the Provincial Center for HIV/AIDS Prevention and Control may enter into labor contracts to meet the needs of performing tasks and workload as prescribed by law.

2. The management and utilization of human resources at the Provincial Center for HIV/AIDS Prevention and Control shall be carried out in accordance with the provisions of the law.

Article 5. Effective Date

1. This Circular takes effect from May 1, 2015.

2. The Decision No. 25/2005/QĐ-BYT dated September 5, 2005 of the Minister of Health regarding the functions, tasks, powers, and organizational structure of the Provincial Center for HIV/AIDS Prevention and Control, and the Central City Centers shall be abolished from the date this Circular takes effect.

Article 6. Responsibility for Implementation

1. The HIV/AIDS Prevention and Control Department, Ministry of Health shall act as the focal point to organize, guide, and inspect the implementation of this Circular.

2. The Departments of Health of the provinces and centrally governed cities shall base on the guidelines set forth in this Circular to specify the specific tasks, powers, and organizational structure of the Provincial Center for HIV/AIDS Prevention and Control, and submit them to the People's Committees of the provinces and centrally governed cities for approval. During the implementation process, if any issues arise or difficulties occur, the provinces and centrally governed cities shall promptly report to the Ministry of Health for consideration and resolution within its jurisdiction.

During the implementation process, if any issues arise or difficulties occur, the provinces and centrally governed cities shall promptly report to the Ministry of Health for consideration and resolution within its jurisdiction./.