Joint Circular No. 05/2002/TTLT-BLDTBXH-BTCBCP on guiding functions, tasks, organizational structure, and personnel of local medical facilities

JOINT CIRCULAR

GUIDELINES ON FUNCTIONS, TASKS, ORGANIZATIONAL STRUCTURE, AND PERSONNEL OF LOCAL REHABILITATION FACILITIES

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To implement the Law on Prevention and Control of Narcotics; Decree No. 20/CP dated April 13, 1996 of the Government promulgating the Regulations on Rehabilitation Facilities pursuant to the Ordinance on Handling Administrative Violations dated July 6, 1995, and Decree No. 34/CP dated June 1, 1996 guiding the implementation of the Ordinance on Prevention and Control of Viral Infections Causing Acquired Immunodeficiency Syndrome (HIV/AIDS), the Ministry of Labor, Invalids and Social Affairs and the Government Organization and Civil Service Agency provide guidelines on the functions, tasks, organizational structure, and personnel of rehabilitation facilities as follows:

I. GENERAL PROVISIONS:

1. The Chairman of the People's Committee of provinces and cities shall decide to establish or dissolve Rehabilitation Facilities (referred to as Educational and Social Labor Centers) based on the characteristics of social problems, the number of sex workers, drug addicts (referred to as Objectives 05, 06), including those infected with HIV/AIDS within their jurisdiction.

2. The Educational and Social Labor Center (referred to as the Center) is a service unit with revenue; it is directly under the Department of Labor, Invalids and Social Affairs; it has legal personality, seal, and account; the State assigns it a staffing quota and operational funding.

3. The Center has the function of educational and social labor for Objectives 05, 06 and implements the tasks specified in Point 1 of Part II of this Circular.

II. SPECIFIC PROVISIONS

1. Tasks of the Center:

a) Receive, classify, organize treatment, restore health, care, and advise Objectives 05, 06 (including voluntary participants) according to the prescribed procedures;

b) Organize therapeutic labor, production work, vocational guidance, and job creation for Objectives. Organize appropriate vocational training consistent with the conditions of the Center and the level of Objectives, or refer them to local vocational training institutions.

Implement projects on employment, poverty alleviation, and other socio-economic programs to facilitate the integration of Objectives into the community;

c) Organize legal education, ethics; physical training, behavioral and character restoration; physical exercise, sports, and cultural studies for Objectives.

Advise Objectives and their families on detoxification, treatment, management, and education;

d) Organize management, protection, and maintenance of public order and safety at the Center;

đ) Conduct experimental research on detoxification models, treatment, and recovery; methods, procedures for treatment, education, vocational training, and labor organization;

e) Organize training, seminars, and professional knowledge enhancement for civil servants and specialized staff;

f) Manage and utilize funds effectively and in accordance with the law, including permitted revenue;

g) International cooperation within the assigned field;

2. Organizational Structure of the Center:

The Center's organizational structure includes:

- Health and Rehabilitation Department;

- Vocational Training and Production Labor Department;

- Education and Community Integration Department;

- Organization, Administration, and Accounting Department;

- Security Department.

Depending on the scale of the Center, the number, characteristics, nature of Objectives, workload, and specific circumstances of each locality, the Chairman of the People's Committee of provinces and centrally governed cities shall determine the organizational structure accordingly.

The functions and tasks of the specialized departments shall be defined by the Director of the Center.

3. Personnel of the Center

a) Management positions of the Center include:

- Director and Deputy Directors. The Director is responsible for all activities of the Center; Deputy Directors perform tasks assigned by the Director;

- Each specialized department has a Head, Deputy Head, and specialized and professional staff;

b) Appointment of leadership positions is as follows:

- The Director of the Center is appointed and relieved of duty by the Chairman of the People's Committee of provinces and centrally governed cities upon the proposal of the Director of the Department of Labor, Invalids and Social Affairs and the opinion of the Head of the Government Organization and Civil Service Agency of the province or city;

- Deputy Directors of the Center are appointed and relieved of duty by the Director of the Department of Labor, Invalids and Social Affairs based on the proposal of the Director of the Center;

- The Director of the Center appoints and relieves Heads and Deputy Heads of the Center's departments.

c) Staffing standards for the Center's officials, civil servants, and employees (including managers):

- For Centers with fewer than 100 Objectives 05, 06, the standard is 1 official, civil servant, or employee managing 5-6 Objectives;

- For Centers with 100 to fewer than 200 Objectives 05, 06, the standard is 1 official, civil servant, or employee managing 7-8 Objectives;

- For Centers with 200 to fewer than 500 Objectives 05, 06, the standard is 1 official, civil servant, or employee managing 9-10 Objectives;

- For Centers with 500 or more Objectives 05, 06, the standard is 1 official, civil servant, or employee managing 11-15 Objectives.

The above standards serve as the basis for determining the Center's regular operational funding.

d) Officials, civil servants, and employees of the Center include:

- The staffing quota is determined by the Director of the Department of Labor, Invalids and Social Affairs within the total quota assigned by the People's Committee of provinces and centrally governed cities.

The staffing quota includes officials holding positions such as Director, Deputy Director, Head, Deputy Head, and those classified as specialist officers with a bachelor's degree or higher and relevant expertise.

The management of officials within the staffing quota is carried out in accordance with the Civil Servant Ordinance.

- Contractual employees: Based on job requirements and the staffing standards mentioned above (after deducting the number of quota positions), the Director of the Center may enter into labor contracts in accordance with labor laws but must ensure that they meet the qualifications and position structure necessary to fulfill the Center's functions and tasks.

Those entering into indefinite-term labor contracts enjoy the rights and obligations of state civil servants.

III. IMPLEMENTATION

1. The Director of the Department of Labor, Invalids and Social Affairs shall coordinate with the Head of the Government Organization and Civil Service Agency:

a) Direct the Director of the Center to concretize functions and tasks; develop organizational structure plans, staff arrangements ensuring sufficient structural positions, meeting professional standards as prescribed by the Ministry of Labor, War Invalids and Social Affairs, and the number of contractual workers according to established norms;

b) Guide the Center to establish working regulations, coordination mechanisms, and work relationships among sectors at the local level to organize and manage the Center;

c) Organize inspections and maintain activities of the Center.

2. The Director of the Center, based on the organizational restructuring plan, labor force allocation, and working regulations of the Center approved by the Director of the Department of Labor, War Invalids and Social Affairs, shall be responsible for implementing and coordinating with relevant agencies according to the functions and tasks assigned to each sector.

3. This Circular takes effect fifteen days from the date of signature; previous provisions contrary to this Circular are hereby abolished.

During implementation, if there are difficulties or obstacles, please report them to the Joint Ministries for study and resolution.