Circular No. 05/2008/TT-BYT guiding the functions, tasks, and organizational structure of the Population and Family Planning machinery at the local level.

CIRCULAR

Guidelines on functions, tasks, and organizational structure of population and family planning machinery at local levels

Population and Family Planning at the Local Level

____________________

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

Pursuant to Decree No. 13/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the organization of specialized agencies under provincial People's Committees and municipal People's Committees directly under the Central Government;

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

Pursuant to the guidance of the Prime Minister in Circular No. 2694/VPCP-KGXV dated April 28, 2008 and Urgent Communication No. 695/CĐ-TTg dated May 9, 2008 regarding consolidation and improvement of the machinery for population and family planning work in provinces and centrally governed cities;

Pursuant to Circular No. 03/2008/TTLT-BYT-BNV dated April 25, 2008 of the Ministry of Health and the Ministry of Home Affairs guiding the functions, tasks, powers, and organizational structure of Provincial Health Departments and District Health Departments under provincial and district People's Committees;

The Ministry of Health guides the functions, tasks, powers, and organizational structure of Population and Family Planning Centers (DS-KHHGĐ) in provinces and centrally governed cities (hereinafter referred to collectively as provinces), Family Planning Centers in districts, towns, and cities under provinces (hereinafter referred to collectively as district Family Planning Centers), full-time staff responsible for population and family planning work in communes, wards, and towns, and community volunteers for population and family planning work in neighborhood groups, clusters, villages, hamlets, phums, socs, and muongs (hereinafter referred to collectively as village-level community volunteers) (referred to collectively as specialized staff for population and family planning at the commune level) and community workers for population and family planning at neighborhood groups, clusters of residential areas, villages, hamlets, phums, socs, muongs (hereinafter referred to as community workers for population and family planning in villages and hamlets) as follows:

PART 1:

POPULATION AND FAMILY PLANNING CENTER

I. POSITION AND FUNCTION

1. The Population and Family Planning Center of the province is an organization subordinate to the Provincial Health Department, performing the function of advising the Director of the Provincial Health Department on state management of population and family planning, including areas such as population size, population structure, and population quality; directing and organizing the implementation of professional activities related to population and family planning within the province.

2. The Population and Family Planning Center of the province is subject to direction and management regarding organization, staffing, and operations by the Provincial Health Department, while also being subject to professional guidance, inspection, and audit by the General Bureau of Population and Family Planning under the Ministry of Health.

3. The Population and Family Planning Center of the province has legal personality, has its own office, seal, and separate accounts (including foreign currency accounts).

II. TASKS AND POWERS

The Population and Family Planning Center of the province shall perform specific tasks and powers as follows according to the delegation of the Provincial Health Department:

1. Submit to competent authorities for issuance decisions, directives, plans for long-term development, five-year plans, and annual plans, programs, and projects on population and family planning in the province; measures to organize the implementation of professional tasks, administrative reform, decentralization management, socialization of population and family planning work within the province; regulations on functions, tasks, powers, organizational structure, and staffing of the Center.

2. Advise the Director of the Provincial Health Department to submit to competent authorities for issuance of individual decisions, directives, programs, solutions, and measures to mobilize and coordinate inter-sectoral cooperation in the field of population and family planning.

3. Take the lead and coordinate with relevant agencies to implement population and family planning policies, train human resources for population and family planning work at the local level.

4. Assist the Director of the Provincial Health Department in guiding, inspecting, supervising, evaluating, and taking responsibility for organizing the implementation of regulatory documents, policies, strategies, plans, target programs, action programs, and projects on population and family planning after approval.

5. Develop professional guidance documents on population and family planning to be submitted to competent authorities for issuance or issued within their authority.

6. Manage population and family planning size:

a) Monitor and manage fluctuations in population increase and decrease, propose solutions to adjust birth rates and population growth rates within the province;

b) Guide and inspect the implementation of legal provisions concerning family planning counseling services and management of contraceptive devices; manage family planning services within the province;

c) Guide and inspect the implementation of projects and models related to population size within the province.

7. Manage population structure:

a) Monitor and compile data on population structure by gender and age within the province;

b) Guide and inspect the implementation of legal provisions to ensure gender balance according to natural reproductive laws within the province;

c) Guide and inspect the implementation of projects and models related to adjusting population structure within the province.

8. Manage population quality:

a) Monitor and compile data on population quality within the province;

b) Guide and inspect the implementation of legal provisions to ensure population quality meets labor force needs, and the implementation of high-quality population models within the province.

9. Take the lead and coordinate with relevant agencies to implement communication, mobilization, and education activities; provide services and counseling in areas of population and family planning, sexual health, adolescent and youth reproductive health.

10. Organize scientific research and application of advanced science and technology in the field of population and family planning.

11. Establish a management information system for population and family planning; organize statistical, information, and reporting activities on population and family planning in accordance with current regulations.

12. Guide, create conditions, and support the activities of public service organizations and socialization in the field of population and family planning.

13. Assist the Director of the Provincial Health Department in managing and implementing investment projects in the field of population and family planning according to the delegation of the Provincial Health Department.

14. Organize professional training and capacity building for commune-level full-time staff and village-level community volunteers in population and family planning.

15. Manage organizational structure, staffing; finance, assets assigned; manage affiliated organizations under the Center; implement salary systems and incentive policies, rewards, and disciplinary actions in accordance with the law and delegated management by the Provincial Health Department.

16. Conduct inspections, audits to handle complaints and reports, and address violations in the field of population and family planning according to the authority granted.

17. Carry out other tasks assigned by the Director of the Department of Health.

III. ORGANIZATIONAL STRUCTURE AND STAFFING

1. Leadership of the Sub-Department:

a) The Population and Family Planning Agency has a Director and Deputy Directors.

b) The appointment and removal of the Director and Deputy Directors shall be carried out according to the local cadre management hierarchy (in terms of expertise: it is not necessarily required to have medical expertise).

c) The Director of the Population and Family Planning Agency is responsible before the Director of the Department of Health and the law for all activities of the Agency; Deputy Directors are responsible before the Director and the law for the areas of work they are assigned.

2. Organizations under the Agency include: the Organization-Administrative-Planning and Finance Department, the Population and Family Planning Department, and the Communication-Education Department.

3. Staffing:

a) The Director of the Department of Health cooperates with the Director of the Department of Home Affairs to submit to the Chairman of the Provincial People's Committee for allocation of administrative and public service staff positions for the Population and Family Planning Agency, ensuring the number of cadres and civil servants according to the requirements of the tasks. The staffing structure of the Population and Family Planning Agency includes medical professionals and personnel from related fields.

b) The specific number of staff positions for the Agency is determined by the Chairman of the Provincial People's Committee within the total administrative and public service staff positions of the locality, but must include at least 20 administrative staff positions (excluding drivers, security guards, and contract cleaners).

Part 2:

POPULATION AND FAMILY PLANNING CENTER AT THE COUNTY LEVEL

I. POSITION AND FUNCTIONS

1. The County Population and Family Planning Center is a public service unit directly under the Population and Family Planning Agency located in the county, with the function of implementing specialized technical tasks and communication education on population and family planning in the county area.

2. The County Population and Family Planning Center is subject to comprehensive management by the Population and Family Planning Agency, while also being directed professionally and technically regarding family planning services and communication education by relevant Centers at the provincial level, and is subject to state administration within its jurisdiction by the County People's Committee.

3. The County Population and Family Planning Center has legal personality, has a headquarters, a seal, and a separate bank account.

II. TASKS AND POWERS

1. Develop plans to implement specialized technical tasks and communication education on population and family planning based on the plan of the Population and Family Planning Agency under the Department of Health and the actual situation in the county, and submit them to the competent authority for approval.

2. Implement and coordinate in carrying out specialized technical activities and providing family planning services according to the delegated authority and as prescribed by law.

3. Implement and coordinate in carrying out communication, education, mobilization, and dissemination of population and family planning communication products according to the delegated authority and as prescribed by law.

4. Guide, inspect, and supervise the professional activities of village health stations and community family planning workers.

5. Manage and implement projects under the National Target Program on population and family planning, and other projects assigned by the Population and Family Planning Agency.

6. Organize training and professional development for village-level family planning specialists and community family planning workers.

7. Participate in scientific research, apply research results and advances in science and technology in the field of population and reproductive health.

8. Manage personnel, policies, rewards, and disciplinary actions for employees according to the law; manage village-level family planning specialists and community family planning workers.

9. Implement current statistical and reporting systems.

10. Perform other tasks and powers assigned by the Director of the Population and Family Planning Agency and the County People's Committee.

III. ORGANIZATIONAL STRUCTURE AND STAFFING

1. Leadership of the County Family Planning Center includes a Director and Deputy Directors.

2. The Director and Deputy Directors of the Center are appointed and removed by the Director of the Department of Health upon the recommendation of the Director of the Population and Family Planning Agency and in accordance with the law (in terms of expertise, it is not necessarily required to have medical expertise). The Director of the County Family Planning Center is responsible before the Director of the Population and Family Planning Agency and the law for all activities of the Center; Deputy Directors are responsible before the Director and the law for the areas of work they are assigned.

3. Departments include:

a) Administrative Department.

b) Communication and Family Planning Service Department.

4. Staffing: The staffing of the County Family Planning Center is within the total number of public service staff positions of the locality decided by the Chairman of the Provincial People's Committee, but must include at least six people (excluding security guards, drivers, and contract cleaners). Personnel do not necessarily need to have medical expertise.

5. Operating funds

a) Public health and family planning budget.

b) National Target Program on family planning budget.

c) Grants and other lawful sources of funding.

Part 3:

POPULATION AND FAMILY PLANNING STAFF AT THE COMMUNE LEVEL

1. Position and Functions

The commune-level population and family planning staff is responsible for assisting the Commune Health Station Director in developing plans and implementing target programs for population and family planning within the commune. The commune-level population and family planning staff is a civil servant of the Commune Health Station, directly under the direction of the Commune Health Station Director, and subject to professional guidance from the District Population and Family Planning Center.

2. Tasks

a) Develop annual work plans, quarterly programs, monthly and weekly schedules for population and family planning activities. After these plans have been submitted to the Commune Health Station Director for approval by the competent authority, the population and family planning staff shall be responsible for advising, coordinating with relevant departments and organizations to implement tasks, supervise the activities of village-level population and family planning volunteers according to assigned duties.

b) Guide village-level population and family planning volunteers: Establish weekly and monthly work schedules; implement initial record-keeping on population and family planning, collect data on population and family planning, prepare monthly reports, create management charts and diagrams for commune-level population and family planning indicators; methods of propaganda, mobilization, counseling; provide condoms and oral contraceptives.

c) Inspect and monitor the implementation of tasks by village-level population and family planning volunteers; assist the Commune Health Station Director in advising the Commune People's Committee to inspect and monitor the implementation of population and family planning activities within the commune.

d) Organize monthly meetings with village-level population and family planning volunteers to evaluate the results of population and family planning activities in each village. Promptly address or seek opinions from the competent authority to resolve emerging issues. Attend monthly meetings with specialized staff at the district level.

đ) Fully participate in training courses and workshops on population and family planning organized by higher authorities.

e) Propose to superiors issues that need to be implemented regarding population and family planning.

3. Standards

The commune-level population and family planning staff is proposed by the Commune Health Station Director and appointed and contracted by the Director of the District Population and Family Planning Center. The standards for the commune-level population and family planning staff are as follows:

a) Be responsible and enthusiastic about population and family planning work.

b) Qualifications: The commune-level population and family planning staff must have at least a secondary vocational education, though not necessarily in medical fields; for remote, mountainous, island, and difficult areas, if there is no secondary vocational education, they must at least have completed general secondary education.

c) Reside in the commune.

d) Have good health; set a good example in practicing family planning.

đ) Participate in training courses and workshops on population and family planning.

1. Functions Village-level population and family planning volunteers are responsible for collaborating with village health workers to promote and mobilize population and family planning, disease prevention, and primary healthcare. Village-level population and family planning volunteers operate voluntarily, receive monthly compensation, and are guided professionally by the commune health station.

2. Tasks

a) Develop monthly and weekly work programs for population and family planning; coordinate with organizations in the area to implement management and mobilization activities to each household.

b) Directly promote, mobilize, counsel on population and family planning, and provide condoms and oral contraceptives to each household.

c) Inspect the maintenance of population and family planning activities in households under their jurisdiction.

d) Implement initial record-keeping, collect data, and prepare monthly reports on population and family planning according to current regulations; create management charts and diagrams, manage household records on population and family planning in the jurisdictional area.

đ) Safeguard and use materials (books, report forms...) related to assigned tasks.

e) Attend monthly meetings with village-level population and family planning volunteers to reflect the situation and report the results of population and family planning activities in the managed area. Resolve or seek opinions from the commune-level population and family planning staff to address emerging issues.

g) Fully participate in training courses organized by higher authorities.

h) Identify and propose to the commune-level population and family planning staff issues that need to be implemented regarding population and family planning in the managed area.

3. Standards Village-level population and family planning volunteers are recruited by the commune-level population and family planning staff in collaboration with village chiefs. Village-level population and family planning volunteers have the following standards:

a) Be a person with a sense of responsibility, enthusiastic about participating in population and family planning work, and reputable in the community.

b) Be a village cadre, retired civil servant, or a resident with a general secondary education; for remote, mountainous, island, and difficult areas, if they have not completed general secondary education, they must at least have completed lower secondary education.

c) Participate in training courses on population and family planning.

d) Reside in the village.

e) Have good health; set a good example in practicing

Part 4:

IMPLEMENTATION

1. This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

2. The Chairpersons of the People's Committees of the provinces and centrally governed cities shall be responsible for directing, guiding, and organizing the implementation of this Circular. In the course of implementation, 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 their authority.

In the course of implementation, 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 their authority./.