Joint Circular No. 03/2008/TTLT-BYT-BNV guiding the functions, tasks, powers, and organizational structure of the Department of Health and the Health Office under the People's Committee at provincial and district levels.

JOINT CIRCULAR

Guidelines on functions, tasks, authorities, and organizational structure of the Department of Health and the Health Sub-department under the People's Committee at provincial and district levels. belongs to the People's Committee at the provincial or district level

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Pursuant to Decree No. 13/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the organization of specialized agencies under the People's Committees of provinces and centrally-run cities;

Pursuant to Decree No. 14/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the organization of specialized agencies under the People's Committees of districts, towns, and cities under provinces;

Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, authorities, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 188/2007/NĐ-CP dated December 27, 2007 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Health;

Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

The Ministry of Health and the Ministry of Home Affairs jointly issue guidelines on the functions, tasks, authorities, and organizational structure of the Department of Health and the Health Sub-department under the People's Committees at provincial and district levels as follows:

Part I

DEPARTMENT OF HEALTH

I. POSITION AND FUNCTIONS

1. The Department of Health is a specialized agency under the People's Committee of a province or centrally-run city (hereinafter referred to as the People's Committee at provincial level) with the function of advising and assisting the People's Committee at provincial level in performing state management over health care and protection of people’s health, including preventive medicine; medical examination and treatment; rehabilitation; traditional medicine; medicines for prevention and treatment of diseases; cosmetics; food safety; medical equipment; population; and health insurance (hereinafter collectively referred to as health).

2. The Department of Health has legal personality, its own seal and separate bank account; it is subject to direction and management over organization, staffing, and operations by the People's Committee at provincial level, while also being subject to guidance, inspection, and supervision over professional matters by the Ministry of Health.

II. TASKS AND AUTHORITIES

1. Submit to the People's Committee at the provincial level:

a) Drafting plans for the development of the health sector; network planning for health facilities; long-term, five-year, and annual plans; programs and projects for health development, administrative reform, decentralization, and socialization in the health sector at the local level;

b) Drafting decisions and directives within the authority of the People's Committee at provincial level concerning the health sector;

c) Drafting regulations on the functions, tasks, authorities, and organizational structure of subordinate agencies under the Department;

d) Drafting regulations on qualification standards for heads and deputy heads of units under the Department of Health; and heads and deputy heads of Health Sub-departments.

2. Submit to the Chairman of the People's Committee at the provincial level:

a) Drafting decisions on establishing, merging, or dissolving units under the Department of Health in accordance with the law;

b) Drafting decisions and directives within the authority of the Chairman of the People's Committee at provincial level concerning the health sector;

c) Drafting regulations on the working relationship between the Department of Health and the People's Committee at district level, Health Sub-departments, and related units within the locality;

d) Drafting programs and solutions for mobilizing and coordinating inter-sectoral efforts in disease prevention and control at the local level.

3. Directing, inspecting, and organizing the implementation of legal normative documents, policies, plans, programs, and other issues related to health after approval; organizing information dissemination, publicity, education, and promotion of laws in areas under the jurisdiction of the Department.

4. On preventive health

a) Deciding on measures for investigation, surveillance, detection, and handling of epidemics, and implementing epidemic reporting as prescribed by law.

b) Guiding, inspecting, supervising, and handling violations in the implementation of professional regulations and national technical standards for preventing infectious diseases; HIV/AIDS; sexually transmitted diseases; non-communicable diseases; occupational diseases, accidents, and injuries; environmental health, school health, workplace hygiene; community nutrition; border quarantine; chemicals, insecticides, and bactericides used in household and medical settings within the province;

c) Serving as the standing body for HIV/AIDS prevention and control under the Provincial Steering Committee for HIV/AIDS Prevention and Control and Drug and Prostitution Prevention; directing, managing, organizing the implementation, and inspecting and evaluating the implementation of HIV/AIDS prevention and control activities within the province.

5. On medical examination and treatment and rehabilitation

a) Guiding, inspecting, supervising, and handling violations in the implementation of professional regulations and technical standards for medical examination and treatment facilities, rehabilitation centers, plastic surgery, cosmetic surgery, medical and forensic examinations, and mental health forensic examinations based on the Ministry of Health's regulations and guidelines according to the division of responsibilities;

b) Issuing, suspending, and revoking practice certificates for medical examination and treatment; certificates of eligibility to operate private medical examination and treatment facilities in accordance with the law and according to the division of responsibilities.

6. On traditional medicine

a) Organizing the implementation of the inheritance, promotion, and integration of traditional medicine with modern medicine in disease prevention, medical examination and treatment, rehabilitation, training of personnel, scientific research, and production of traditional medicine at the local level;

b) Guiding, inspecting, supervising, and handling violations in the implementation of laws on traditional medicine within the province;

c) Issuing, suspending, and revoking practice certificates and certificates of eligibility to operate private traditional medicine practices in accordance with the law and according to the division of responsibilities.

7. On medicines and cosmetics

a) Guiding, inspecting, monitoring quality, supervising, and handling violations in the production, distribution, and use of medicines in accordance with the law;

b) Issuing, suspending, and revoking pharmaceutical practice certificates; certificates of eligibility to distribute medicines; and introducing medicines and cosmetics within the province in accordance with the law and according to the division of responsibilities.

8. On food safety

a) Implementing national technical standards on food safety; inspecting, supervising, and handling violations of food safety laws against food production and trading establishments within the province in accordance with the law;

b) Confirming the declaration of product standards for food; issuing, suspending, and revoking certificates of eligibility for food safety for food production and trading establishments; receiving and reviewing the professional content of advertising registrations for food products according to the division of responsibilities and in accordance with the law.

9. On medical equipment and health facilities

a) Guiding, supervising, and evaluating the implementation of laws on medical equipment and health facilities;

b) Implement inspection, supervision, and handle violations in the implementation of regulations, procedures, and professional rules on medical equipment according to the provisions of the law and within the assigned分级权限。

10. Regarding population - family planning and reproductive health

a) Organize the implementation of the system of indicators and performance measures in the field of population - family planning; direct and guide national technical standards, professional procedures, and business practices for reproductive health care services and family planning;

b) Organize the implementation, guidance, inspection, monitoring, and evaluation of the implementation of policies, programs, projects, models related to the field of population - family planning and reproductive health care;

c) Appraise and decide to permit the reassignment of gender, scientific childbirth methods, and consulting services provided by entities practicing family planning and population counseling services according to the provisions of the law.

11. Regarding health insurance

a) Organize the implementation of laws on health insurance;

b) Inspect, supervise, and handle violations of health insurance laws.

12. Regarding healthcare human resource training

a) Organize the implementation of plans for healthcare personnel training and development policies on the provincial level;

b) Manage healthcare training institutions according to the division of labor by the Provincial People's Committee.

13. Assist the Provincial People's Committee in managing state affairs concerning enterprises, collective economic organizations, private economic organizations, associations, and non-governmental organizations in the healthcare sector at the local level according to the provisions of the law.

14. Implement international cooperation in the healthcare sector according to the provisions of the law.

15. Be responsible for providing professional guidance and business practices in the management domain of the healthcare sector to the Health Department.

16. Organize research and application of scientific and technological progress; establish information systems and archives to serve state administration and professional business practices in the assigned domain.

17. Resolve complaints and accusations according to the provisions of the law; prevent corruption, promote thrift, and combat waste.

18. Define functions, tasks, authorities, organizational structure, and work relationships of subordinate organizations; manage staffing, implement salary systems, and policies, incentives, training, rewards, and disciplinary actions for officials, civil servants, and employees under the jurisdiction of the department according to the law and the delegation of the Provincial People's Committee.

19. Manage financial resources and assets allocated according to the law and the assignment of the Provincial People's Committee.

20. Implement regular and urgent reporting on the situation of task completion according to the regulations of the Provincial People's Committee and the Ministry of Health.

21. Perform other tasks assigned by the Provincial People's Committee and according to the law.

III. ORGANIZATIONAL STRUCTURE AND STAFFING

1. Leadership of the Department:

a) The Department of Health has a Director and no more than three Deputy Directors; for Hanoi and Ho Chi Minh City, no more than four Deputy Directors;

b) The Director of the Department is the head of the Department, accountable to the Provincial People's Committee, the Chairman of the Provincial People's Committee, and the law for all activities of the Department;

c) The Deputy Director of the Department assists the Director, accountable to the Director and the law for the tasks delegated; when the Director is absent, a Deputy Director appointed by the Director shall oversee the operations of the Department;

d) The appointment, dismissal, and removal of the Director and Deputy Directors of the Department are decided by the Provincial People's Committee based on professional and business standards issued by the Ministry of Health and according to the law.

2. Structure

a) Professional and business organizations under the Department:

Organizations established uniformly include: Medical Affairs Office, Pharmaceutical Affairs Office, Planning-Finance Office, Cadre Organization Office, Inspectorate, and Office;

Organizations established according to specific characteristics include: Private Medical and Pharmaceutical Practice Management Office or offices with different names.

b) Directly Subordinate Agencies:

Population and Family Planning Agency; Food Safety Agency. These agencies have legal personality, separate seals, accounts, and can establish Centers in districts.

c) Subordinate Public Service Units:

- Provincial Level:

+ Preventive Healthcare Sector, including Centers for Preventive Healthcare; HIV/AIDS Prevention; Malaria-Kinetic Parasites-Insect Control in provinces classified as malaria hotspots; Quarantine in provinces with international border gates; Occupational Health and Environment Protection in provinces with many industrial zones;

+ Specialized Sector, including Centers for Reproductive Health Care; Testing; Health Communication Education; Social Disease Prevention (including Tuberculosis, Leprosy-Skin Diseases, Mental Health, Eye Diseases) in provinces without corresponding specialized hospitals; Endocrinology; Medical, Forensic, and Forensic Mental Health Appraisal; Emergency Transport;

+

Healthcare Examination and Treatment and Rehabilitation Sector, including General Hospitals; Traditional Chinese Medicine Hospitals; Specialized Hospitals. Each regional cluster of counties has a Regional General Hospital;

The establishment of hospitals is subject to criteria set by authorized bodies.

+ Training Sector: College or Secondary Healthcare School;

- County Level:

+ County Health Center, District Health Center, Town Health Center, City Health Center belonging to the province (hereinafter referred to collectively as County Health Center), established uniformly in the county area; where conditions are not sufficient to separate hospitals, it performs two functions: preventive healthcare and examination and treatment; where conditions are sufficient to establish hospitals, the County Health Center only performs preventive healthcare functions. The choice of model is decided by the Provincial People's Committee; (at the section) + County General Hospital is established when meeting the criteria set by authorized bodies.

- Commune Health Station, Ward Health Station, Town Health Station is a public service unit under the County Health Center.

a) The administrative staffing of the Department of Health is determined by the Provincial People's Committee within the total administrative staffing of the province allocated by the Central Government.

3. Staffing

a) The administrative establishment of the Department of Health, decided by the People's Committee at the provincial level within the total administrative establishment of the province assigned by the central authority;

b) The establishment quota of subordinate public service units under the Department shall be decided by the Provincial People's Committee according to the establishment quota and in accordance with the provisions of the law.

Part II

 HEALTH DEPARTMENT

I. POSITION AND FUNCTIONS

1. The Health Department is a specialized agency under the People's Committee of the district, town, city under province (hereinafter referred to collectively as the District People's Committee) having the function of advising and assisting the District People's Committee in managing state affairs in the field of health within the district.

2. The Health Department has legal personality, its own seal and separate account; it is subject to the direction and management regarding organization, establishment quota, and activities by the District People's Committee, while also being subject to professional guidance, inspection, and supervision by the Department of Health.

II. TASKS AND AUTHORITIES

1. Submit to the District People's Committee:

a) Draft decisions, directives, long-term plans, five-year plans, annual plans; proposals, programs for developing health care, administrative reform, socialization in the field of health within the district.

b) Draft measures for inter-sectoral mobilization in managing and utilizing resources for disease prevention and control; population-family planning; food safety; addressing the consequences of diseases, accidents, natural disasters affecting people's health within the district;

2. Implement regulatory legal documents, plans, proposals, programs for developing health care within the district after approval.

3. Assist the District People's Committee in assessing the conditions for practicing health professions within the district in accordance with the law and the delegation of the provincial People's Committee.

4. Inspect and audit the implementation of regulatory legal documents, policies, plans, proposals, programs, projects, and activities of health service providers within the district.

5. Guide the People's Committees at the commune level in organizing the implementation of primary health care programs, population-family planning, promoting hygiene and food safety, and preventing diseases.

6. Manage organization, establishment quota, finance, and assets assigned in accordance with the law and the delegation of the District People's Committee.

7. Carry out regular and ad hoc reporting on the implementation of assigned tasks as stipulated.

8. Perform other tasks assigned by the District People's Committee and as prescribed by law.

III. ORGANIZATION AND ESTABLISHMENT QUOTA

1. Health Department: Head of the Department and Deputy Heads.

a) The Head of the Department is responsible before the People's Committee, the Chairman of the District People's Committee, and the law for all activities of the Department;

b) Deputy Heads are responsible before the Head of the Department and the law for the tasks assigned to them;

c) The appointment, removal, and dismissal of the Head of the Department and Deputy Heads shall be decided by the District People's Committee based on professional standards issued by the provincial People's Committee and in accordance with the law.

2. Staffing:

The establishment quota of the Health Department shall be determined by the District People's Committee within the total administrative establishment quota of the district allocated by the provincial People's Committee.

Part III

IMPLEMENTATION

1. This Circular takes effect fifteen days from the date of publication in the Official Gazette; it abolishes Joint Circular No. 11/2005/TTLT-BYT-BNV dated April 12, 2005, of the Ministry of Health and the Ministry of Home Affairs guiding the functions, duties, powers, and organizational structure of specialized agencies assisting the People's Committee in managing state affairs in the field of health at local levels.

2. People's Committees of provinces and centrally governed cities:

a) Specify the tasks, powers, and organizational structure of the Department of Health and guide the District People's Committees to specify the tasks, powers, and organizational structure of the Health Departments;

b) Based on the characteristics, socio-economic development situation, and requirements for caring for and protecting people's health in their locality, decide on the establishment, merger, dissolution, division, restructuring of public service units in the field of health of the province on the basis of approved planning and guidance provided in this Circular.

3. Chairmen of People's Committees of provinces and centrally governed cities are responsible for organizing and implementing this Circular.

In the course of implementation, if there are emerging issues or difficulties, the provinces need to promptly reflect them to the Ministry of Health and the Ministry of Home Affairs for consideration and resolution within their authority./.