Circular No. 05/2021/TT-BYT on the implementation of democracy in the activities of public health examination and treatment facilities

CIRCULAR

Regulations on the implementation of democracy in the operation

of public health examination and treatment facilities

Pursuant to Decree No. 04/2015/NĐ-CP dated January 9, 2015 of the Government on implementing democracy in the activities of administrative state agencies and public service units;

Pursuant to the Government's Decree No. 75/2017/NĐ-CP dated June 20, 2017 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

At the request of the Director of the Department of Personnel and Organization, Ministry of Health,

The Minister of Health issues this Circular on the implementation of democracy in the operation of public health examination and treatment facilities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

a) This Circular stipulates the implementation of democracy in the operation of public health examination and treatment facilities, including: democracy within the unit, democracy with patients and their legal representatives, and the responsibility for implementing democracy in the operation of public health examination and treatment facilities.

b) The implementation of democracy in relations and handling matters at public health examination and treatment facilities with citizens (excluding the subjects specified in Clause 2 of Article 2 hereof), agencies, units, and related organizations shall be carried out in accordance with the provisions of Chapter III of Decree No. 04/2015/NĐ-CP dated January 9, 2015 of the Government on the implementation of democracy in the operation of administrative state agencies and public service units (hereinafter referred to as Decree No. 04/2015/NĐ-CP).

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

a) This Circular applies to civil servants, employees, and individuals related thereto (hereinafter collectively referred to as civil servants and employees) and patients, legal representatives of patients in public health examination and treatment facilities (hereinafter collectively referred to as units).

b) This Circular does not apply to health examination and treatment facilities under the Ministry of National Defense and the Ministry of Public Security.

Article 2. Purpose of Implementing Democracy in Units

1. To promote the right to self-management of civil servants and employees in units and enhance the responsibility of unit leaders in implementing health examination and treatment activities.

2. To build a team of civil servants and employees in units meeting the standards of competence, improving the quality and effectiveness of health examination and treatment services to meet the requirements of development and innovation in the healthcare sector.

3. To prevent and stop acts of corruption, waste, bureaucracy, harassment, and inconvenience towards patients and their legal representatives.

4. To raise awareness among patients and their legal representatives about compliance with laws and internal regulations during the use of health examination and treatment services; to prevent and stop situations where civil servants and employees of the unit are subjected to violence while performing their duties.

Article 3. Principles of Implementing Democracy in Unit Operations

1. The implementation of democracy must comply with the Constitution and laws; rights must be accompanied by obligations and responsibilities; strict measures must be taken against acts that abuse democracy, violate laws, and infringe upon the legitimate rights and interests of civil servants, employees, and patients.

2. Ensuring the leadership of the Party Committee, management by unit leaders, active participation of mass organizations, members within the unit, and cooperation from patients and their legal representatives.

3. Ensuring the right to implement democracy for civil servants, employees, patients, and their legal representatives; emphasizing the role and responsibility of unit leaders in ensuring transparency and openness in unit operations.

Chapter II

DEMOCRACY WITHIN THE UNIT

Section 1

CONTENT THAT UNIT LEADERS MUST DISCLOSE

Article 4. Contents to be disclosed

1. The Party's guidelines, policies, State laws, especially those related to healthcare and issues concerning the organization and operation of the unit, the responsibilities and benefits of civil servants and employees at the unit.

2. Planning, strategic development of the unit; directions, tasks, annual, quarterly, monthly work plans of the unit, departments, and subordinate units.

3. Internal regulations and working rules of the unit, departments, and subordinate units; duties and authorities of unit leaders, department heads, subordinate unit leaders, and civil servants and employees within the unit.

4. Regulations on medical expertise, technical standards, management, and utilization of medical equipment in accordance with the provisions of the law.

5. Contents related to financial work in the unit: Budget estimates, final accounts, annual operating funds of the unit according to current state regulations, including sources of finance such as state budget funding, health insurance funds, income from public service activities: prices for medical examination and treatment services; prices for other service activities; financial support, aid, joint ventures, joint operations, foreign loans, and other income sources.

6. Implementation of internal expenditure regulations; fuel, vehicle, electricity, water, telephone usage quotas; contents of unit cost-saving funds; investment plans, contents, progress, results, assets, public property, construction bidding, procurement of medicines, chemicals, consumable materials, medical equipment in accordance with legal provisions; results of asset inventory and liquidation in the unit; collection and expenditure of contributions from charitable organizations and humanitarian activities.

7. Contents related to personnel work: Job position proposals, number of workers, recruitment regulations, procedures, conditions, and standards; planning, appointment, removal, transfer, rotation; rank advancement, career progression, salary increase; training, enhancement, sending for study within or outside the country; rewards and disciplinary actions for civil servants and employees in accordance with legal provisions.

8. Rules for scientific research and technology application work; management and utilization of research funding, outcomes of advanced scientific and technological projects and applications in accordance with legal provisions.

9. Results of handling complaints, reports, appeals, accusations regarding professional matters, negative incidents, corruption, wastefulness, loss of funds and assets in the unit concluded by competent state agencies; results of handling complaints, reports, appeals, accusations within the unit.

10. Other disclosure contents deemed necessary by the unit head but not contrary to legal provisions.

Article 5. Forms and Time of Disclosure

1. Forms of Disclosure

Based on the characteristics, nature of activities, and contents to be disclosed, the unit head shall apply one of the following forms of disclosure:

a) Posting at easily visible and recognizable locations within the unit;

b) Announcing at meetings of civil servants and employees and during department/unit briefings;

c) Sending written announcements to all civil servants and employees;

d) Sending written announcements to department and subordinate unit leaders, requiring them to inform each civil servant and employee working in their respective sections;

đ) Sending written announcements to the direct party committee, the Trade Union Committee of the unit, and relevant individual civil servants and employees;

e) Publishing on the electronic portal in accordance with regulations and the internal information page of the unit;

g) Exchanging through direct dialogues between unit leaders, department/section leaders, and civil servants and employees within the unit.

2. Time Limit for Disclosure: Implemented in accordance with Clause 2, Article 8 of Decree No. 04/2015/NĐ-CP and current regulations.

Section 2

CONTENTS FOR CIVIL SERVANTS AND EMPLOYEES TO PARTICIPATE IN OPINIONS, HEAD OF THE UNIT DECIDES

Article 6. Contents for civil servants and employees to provide opinions

1. Action programs to implement Party resolutions, State laws, and health sector policies related to organizational structure and activities of the unit.

2. Development plans and strategies for the unit, high-tech specialty development plans for departments and units within the organization.

3. Annual work plans, financial income and expenditure plans; annual repair, upgrade, and new construction plans for facilities; annual drug, chemical, and medical consumables supply plans; procurement, use, and disposal plans for assets of the unit.

4. Internal regulations, working rules, and operational procedures of the unit, departments, and subordinate units; professional technical rules and regulations of the unit, departments, and subordinate units.

5. Construction project plans and procedures; bidding processes for drugs, chemicals, and consumable materials; procurement and repair procedures for equipment and medical supplies.

6. Recruitment plans and procedures, labor contracts, leadership planning for the unit, departments, and subordinate units; training, promotion, appointment, dismissal, transfer, commendation, and disciplinary measures for civil servants and employees according to the law.

7. Protective measures, occupational safety and hygiene, environmental sanitation, work schedule improvements, and enhancement of material and spiritual living standards for civil servants and employees; building cultural and civilized living habits within the unit.

8. Administrative procedures for receiving and handling patient examination and treatment services; measures against bureaucratic practices, harassment, and waste in patient care; thrift and anti-corruption measures in patient examination and treatment.

9. Action programs to implement unit-wide competitive movements; annual evaluation of commendations and awards; mid-year and year-end work reports of the unit.

10. Internal expenditure regulations, welfare fund establishment and usage rules, reward fund rules, and unemployment prevention fund rules.

11. Other contents deemed necessary by the unit head.

Article 7. Forms of providing opinions

1. Directly providing opinions to unit leaders, department heads, and subordinate unit leaders.

2. At meetings and seminars within the unit.

3. During departmental and unit coordination meetings.

4. Submitting contributions to functional departments of the unit.

5. Through the unit's internal website, computer network, hotlines, suggestion boxes.

6. At direct dialogue sessions between unit leaders, department heads, and subordinate unit leaders with civil servants and employees.

7. Through mass organizations to gather opinions from civil servants and employees.

8. Distributing questionnaires for direct feedback; sending draft documents for civil servants and employees to provide opinions on.

Section 3

CONTENTS FOR CIVIL SERVANTS AND EMPLOYEES TO OVERSEE

Article 8. Matters that civil servants and employees have the right to oversee

1. Implementation of unit tasks and work plan targets, departmental and subordinate unit tasks; implementation of decisions made at employee and worker meetings.

2. Implementation of internal regulations and working rules of departments, subordinate units, and the unit.

3. Implementation of medical professional and technical regulations.

4. Management and use of state budget, examination and treatment service prices, revenue from health insurance, other legitimate sources of income, and various funds of the unit.

5. Bidding, drug, chemical, blood, transfusion fluid, equipment supply processes; procurement, use, and disposal of assets.

6. Construction and procurement bidding processes, and equipment repair processes within the unit.

7. Implementation of State policies related to the rights and legitimate interests of civil servants and employees.

8. Implementation of personnel management and cadre regulations.

9. Public disclosure of information by unit heads and department chiefs.

10. Results of addressing complaints, petitions, grievances, and accusations of civil servants, employees, patients, and their legal representatives according to the law.

Article 9. Forms of supervision

1. Through the activities of the People's Inspectorate Board and the Party Inspection Committee at the unit's party committee level.

2. At staff meetings.

3. At regular meetings, briefings, and activities of the unit, departments, and subordinate units.

4. Through the activities of the Party organization and mass organizations.

5. Through the activities of specialized councils and advisory councils within the unit.

Chapter III

DEMOCRACY FOR PATIENTS AND LEGAL REPRESENTATIVES OF PATIENTS

Section 1

MATTERS THAT MUST BE PUBLICIZED TO PATIENTS AND LEGAL REPRESENTATIVES OF PATIENTS

Article 10. Matters that must be promptly and publicly informed

1. Regulations on the rights and obligations of patients towards the unit.

2. Unit rules, diagrams indicating the locations of departments, rooms, and subordinate units.

3. Procedures and processes for medical examinations and treatments and related procedures.

4. Service fees for medical examinations and treatments for patients with health insurance cards, service fees for non-insured patients seeking medical examinations and treatments according to their demands; policies for reducing and exempting service fees for medical examinations and treatments; implementation of health insurance policies; payment of service fees and costs for insured medical examinations and treatments in accordance with the law.

5. Service fees for medical examinations and treatments based on patient requests; other types of service fees at the unit.

6. Work schedules and daily duty rosters of staff members in the unit; schedule for receiving citizens by the head of the unit.

7. Units responsible for receiving citizens, handling complaints, suggestions, appeals, and denunciations.

8. The Ministry of Health's hotline number.

9. Incidents and behaviors causing disorder, infringing upon the physical body, health, life, or dignity and personality of staff members and workers in the unit.

10. Results and satisfaction scores from patients.

Article 11. Forms of publicizing

1. Public posting, running information on electronic bulletin boards.

Publicizing the contents stipulated in Article 10 of this Circular through various forms: documents, diagrams, location indicators, signs leading to areas, departments, rooms, and subordinate units within the unit; internal regulations, rules, prices of various medical examination and treatment services, and prices of various services serving patients at convenient locations where many patients pass through. Public postings must be continuous, timely, and ongoing.

2. Information dissemination, communication, and counseling

Organizing information dissemination, communication, and counseling on policies and issues related to medical examinations and treatments starting from when patients first arrive at outpatient clinics, emergency rooms, and wards.

3. Directly informing patients and their legal representatives; organizing patient council activities in departments, rooms, and units.

Section 2

MATTERS IN WHICH PATIENTS AND LEGAL REPRESENTATIVES OF PATIENTS PARTICIPATE IN PROVIDING OPINIONS AND SUPERVISION

Article 12. Matters for providing opinions and supervision

1. Implementation of healthcare policies related to the rights and legitimate interests of patients such as: policies on medical examinations and treatments, health insurance policies; policies and prices of various medical examination and treatment services as prescribed by law.

2. Implementation of internal rules and regulations on medical examinations and treatments of the unit.

3. Attitude and spirit of service of staff members and workers in the unit; identifying and reporting to unit leaders, department heads, and subordinate unit leaders about staff members and workers who exhibit poor attitudes and spirits in serving patients, who cause inconvenience, corruption, shirking responsibilities, discrimination, or soliciting bribes from patients or their legal representatives; proposing opinions, exchanging views, and coordinating with healthcare personnel in caring for and nurturing patients.

4. Implementation of environmental sanitation and security and order maintenance in the unit.

5. Receiving citizens, handling complaints, suggestions, appeals, and denunciations from patients and their legal representatives, and the results of handling these complaints, suggestions, appeals, and denunciations by the unit.

Article 13. Forms of participation in opinions and supervision

1. Directly reflecting to healthcare staff in departments, rooms, and subordinate units.

2. Reflecting to unit leaders at the reception room of the unit.

3. Sending opinion participation documents through the suggestion mail box of the unit.

4. Through the hotlines specified by the unit.

5. Through direct dialogues or meetings of patient councils at departments, rooms, and the unit.

Chapter IV

RESPONSIBILITIES FOR IMPLEMENTING DEMOCRACY IN UNIT ACTIVITIES

Article 14. Responsibilities of the head of the unit

1. The head of the unit is responsible for implementing democracy in management and operation activities of the unit; strictly implementing the provisions of Article 4 of Decree No. 04/2015/NĐ-CP and the provisions of Articles 4, 6, 8, and 10 of this Circular; allocating annual funds to organize implementation.

2. Monthly organizing direct dialogues to proactively grasp the aspirations and wishes of employees, workers, patients, and legal representatives of patients in the unit; promptly responding to and resolving any suggestions or concerns raised.

3. Implementing regular monthly, quarterly, and biannual meetings to evaluate the results of assigned tasks and propose main tasks and solutions to be implemented in the upcoming period for the agency and unit. At year-end, the head of the unit must organize a comprehensive evaluation of the unit's activities at the employee and worker conference in accordance with Circular No. 01/2016/TT-BNV dated January 13, 2016, guiding certain contents of Decree No. 04/2015/NĐ-CP issued by the Ministry of Home Affairs.

4. Conducting evaluations and quality rankings of employees and workers under their management authority according to the procedures stipulated by law.

5. Accepting feedback and criticism from employees and workers. When employees and workers register to meet and have specific content and reasons, arranging time for meetings and exchanges.

6. Publicly announcing so that employees and workers are aware of the matters prescribed in Articles 4, 6, and 8 of this Circular.

7. Issuing regulations on managing working equipment in the unit ensuring practicality, effectiveness, and thrift; using allocated funds economically; implementing financial transparency regulations. Purchasing equipment, means of transportation, and assets of the unit must comply with legal regulations.

8. Directing the provision of complete and timely information, materials, methods of organization and implementation, responsibilities for implementation, and accountability for work content within the unit as prescribed, except for classified materials as defined by law.

9. Promptly considering and resolving complaints, reports, and suggestions of employees and workers and People's Inspectorate Councils in accordance with the law; promptly reporting to competent authorities issues not within their jurisdiction to resolve.

10. Timely handling individuals obstructing democratic implementation in unit activities and retaliating against employees and workers who make suggestions, complaints, and reports in accordance with the law.

Article 15. Responsibilities of officials and employees

1. Responsibilities of heads of departments, divisions, and subordinate units Organize, implement, and inspect the execution of this Circular according to their assigned functions, tasks, and authorities.

2. Responsibilities of officials and employees Strictly comply with the provisions set forth in Article 6 of Decree No. 04/2015/NĐ-CP and this Circular.

Article 16. Responsibilities of patients and their lawful representatives

1. Strictly comply with regulations related to the responsibilities of patients and their lawful representatives as stipulated by law and internal rules and regulations of the unit.

2. Implement provisions on democracy in the operations of public health examination and treatment facilities as prescribed in this Circular.

Article 17. Responsibilities of Party cells, mass organizations, and People's Inspectorate Committees

1. Propose Party cells at all levels to direct and guide the implementation of democracy in unit activities.

2. Mass organizations have the responsibility to participate in building and implementing democratic regulations; disseminate and promote publicly disclosed contents and regularly monitor the implementation of democracy in unit activities.

3. The People's Inspectorate Committee has the responsibility to inspect the implementation of democracy in unit activities concerning the rights and interests of officials and employees.

Article 18. Responsibilities of direct management agencies

Organize inspections and audits of the implementation of regulations in this Circular; promptly handle violations when implementing democracy in units under their management authority.

Chapter V

IMPLEMENTING PROVISIONS

Article 19. Effective Date

1. This Circular takes effect from July 1, 2021.

2. Decision No. 44/2007/QĐ-BYT dated December 12, 2007, of the Minister of Health on the issuance of the Democratic Regulations in Public Hospitals ceases to be effective from the date this Circular takes effect.

Article 20. Cross-referencing Provisions

In case the legal normative documents and regulations cited in this Circular are amended, supplemented, or replaced, they shall be implemented according to the new legal normative documents.

Article 21. Organization of Implementation

1. The Cadre and Civil Servant Department of the Ministry of Health shall take the lead and coordinate with relevant bureaus, departments, and units to organize the implementation and inspection of this Circular.

2. Provincial Departments of Health under central cities and health departments of ministries and sectors shall be responsible for organizing the implementation and inspection of this Circular in units under their management; report annually on the results of implementing this Circular to the Ministry of Health as prescribed./.