Circular No. 07/2014/TT-BYT on the Code of Conduct for civil servants, medical staff, and workers at healthcare facilities

CIRCULAR

Regulations on conduct rules for civil servants,

public officials, and employees working at healthcare facilities

________________________

Pursuant to the Civil Servants Law No. 22/2008/QH12 dated November 13, 2008;

Pursuant to the Public Officials Law No. 58/2010/QH12 dated November 15, 2010;

Pursuant to the Anti-Corruption Law No. 55/2005/QH11 dated December 9, 2005;

Pursuant to the Medical Examination and Treatment Law No. 40/2009/QH12 dated November 23, 2009;

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

At the proposal of the Director of the Cadre and Civil Servant Organization Department of the Ministry of Health;

The Minister of Health issues this Circular to regulate the conduct rules for civil servants, public officials, and employees working at healthcare facilities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the content of the conduct rules for civil servants, public officials, and employees working at healthcare facilities and the responsibilities of relevant agencies, organizations, and individuals in organizing and implementing these rules.

Article 2. Applicability

This Circular applies to:

1. Civil servants, public officials, and employees working at healthcare facilities nationwide (hereinafter referred to collectively as civil servants and public officials in healthcare).

2. Agencies, organizations, and individuals related to the implementation of the conduct rules for civil servants and public officials in healthcare.

Chapter II

CONTENT OF THE CODE OF CONDUCT

Article 3. Conduct of civil servants and public officials in healthcare when performing official duties and assigned tasks

1. Matters that must be performed:

a) Strictly comply with legal provisions regarding the obligations of civil servants and public officials;

b) Possess moral integrity, a healthy lifestyle, and a clean image as a medical practitioner according to the principles of thrift, frugality, honesty, incorruptibility, and impartiality;

c) Have a sense of organizational discipline; follow the correct professional procedures, internal regulations, and work rules of the sector and the unit;

d) Engage in continuous learning to enhance their qualifications, professional skills, occupational ethics, communication skills, and conduct;

đ) Obey and fulfill assigned tasks; take initiative and responsibility in their work;

e) Contribute opinions to the activities and management of the unit to ensure effective performance of assigned duties;

g) Maintain the reputation and honor of the unit, leadership, and colleagues;

h) Wear uniforms and identification badges in accordance with regulations; wear insignias of fields as prescribed by law (if applicable).

2. Matters that must not be performed:

a) Evade responsibility, shirk assigned work or tasks;

b) Abuse functions, duties, powers granted, and the reputation of the agency or unit to handle personal matters; elevate one's own role for personal gain;

c) Discriminate against individuals based on ethnicity, gender, social strata, beliefs, or religion in any form.

Article 4. Conduct of civil servants and public officials in healthcare towards colleagues

1. Matters that must be performed:

a) Be honest, sincere, united, cooperative, share responsibilities, and assist each other;

b) Criticize oneself and others objectively, seriously, frankly, and constructively;

c) Respect and listen to colleagues' opinions; coordinate, exchange experiences, and learn from each other in performing official duties and assigned tasks;

d) Identify civil servants and public officials within the unit who do not strictly comply with legal provisions regarding their obligations and report to the competent authority, while bearing individual responsibility for such reports.

2. Matters that must not be performed:

a) Avoid responsibility, shift blame to colleagues;

b) Form cliques, divide the internal unity, and promote localism.

Article 5. Conduct of civil servants and medical staff towards agencies, organizations, and individuals

1. Matters that must be performed:

a) Polite, amiable, and civilized when transacting directly or indirectly through communication means;

b) Ensuring exchanged information accurately reflects the content of work that agencies, organizations, or citizens need to be guided or answered;

c) Promoting and guiding the public to strictly comply with unit internal regulations, professional procedures, and rules;

d) Safeguarding confidential information related to state secrets, agency secrets, and personal secrets in accordance with the provisions of the law.

2. Matters that must not be performed:

a) Using power arbitrarily, being rude, harassing, delaying, indifferent, or creating difficulties for organizations and individuals;

b) Intentionally prolonging time when performing official duties or tasks related to agencies, organizations, or individuals;

c) Having attitudes or suggesting receiving money or gifts from agencies, organizations, or individuals.

Article 6. Conduct of civil servants and medical staff in healthcare facilities

1. Strictly implementing the Twelve Medical Ethics Rules issued together with Decision No. 2088/QĐ-BYT dated November 6, 1996, by the Minister of Health.

2. Matters to be performed for patients coming for examination:

a) Welcoming warmly, providing thorough guidance on necessary procedures;

b) Preliminarily classifying patients, scheduling examinations according to order and priority groups as prescribed;

c) Ensuring confidentiality and respecting patients during examinations; informing and explaining health conditions or disease status to patients or their legally authorized representatives;

d) Examining patients, prescribing appropriate tests and medications based on their condition and financial capacity;

đ) Advising and instructing patients or their legally authorized representatives on using prescribed medication, care routines, monitoring disease progression, and scheduling follow-up appointments if necessary for outpatients;

e) Assisting patients in promptly completing hospital admission procedures when required.

3. Matters to be performed for inpatient patients:

a) Promptly welcoming, arranging beds for patients, guiding and explaining hospital and departmental regulations;

b) Regularly examining, understanding, identifying unusual developments, and addressing necessary needs of patients; promptly explaining requests or concerns of patients or their legally authorized representatives;

c) Providing health education counseling and guiding patients or their legally authorized representatives to follow treatment and care routines;

d) Promptly addressing professional requirements; being present immediately when requested by patients or their legally authorized representatives;

đ) For patients requiring surgery, informing and explaining their condition, surgical methods, potential risks, and fully preparing according to regulations before surgery. Clearly explaining reasons for postponing or temporarily stopping surgery to patients or their legally authorized representatives.

4. Matters to be performed for patients being discharged or transferred:

a) Informing and advising patients or their legally authorized representatives on actions to take post-discharge. In cases of transfer, explaining reasons to patients or their legally authorized representatives;

b) Publicizing detailed charges in the medical service payment invoice that patients must settle; fully explaining upon request by patients or their legally authorized representatives;

c) Promptly processing discharge or transfer procedures for patients as required;

d) Accepting feedback from patients or their legally authorized representatives when patients are discharged or transferred.

5. Matters not to be performed:

a) Not adhering to professional regulations when performing duties;

b) Misusing profession to gain benefits during diagnosis and treatment;

c) Creating difficulties or being indifferent towards patients or their legally authorized representatives.

Article 7. Conduct of healthcare facility leaders and managers

1. Matters that must be performed:

a) Assign tasks to each civil servant in the unit openly, reasonably, and in accordance with their duties and professional capabilities as prescribed by law;

b) Urge, inspect the performance of public duties, tasks, professional ethics, and communication conduct of civil servants and officials under their management; promptly reward civil servants and officials for achievements and strictly, objectively discipline civil servants and officials who violate the law;

c) Be well-informed about the personal backgrounds, thoughts, and aspirations of civil servants and officials to appropriately utilize and manage each individual, thereby enhancing their abilities, experiences, creativity, and initiative in performing assigned public duties and tasks;

d) Implement democratic regulations at the grassroots level, create conditions for learning, improving qualifications, and promoting innovative thinking and initiatives of each civil servant and official;

e) Respect and build trust for civil servants and officials when assigning tasks; have plans to monitor, inspect, and facilitate the successful completion of tasks and public duties by civil servants and officials;

f) Listen to the opinions and reflections of civil servants and officials; protect the honor, rights, and legitimate interests of civil servants and officials under their management;

g) Build and maintain unity and a cultural environment within the unit.

2. Matters that must not be performed:

a) Exercise absolute power, be autocratic, paternalistic, disregard subordinates, fail to set a good example, and speak without following through;

b) Reward or handle violations in an unfair manner;

c) Obstruct or improperly process complaints and denunciations according to procedures; disclose the name, address, handwriting, or other information about the complainant;

d) Matters related to production, business operations, personnel work as stipulated in the Anti-Corruption Law, the Law on Thrift and Combating Wastefulness, and other matters as prescribed by law and competent authorities;

Chapter III

RESPONSIBILITIES FOR IMPLEMENTATION

Article 8. Responsibilities of the Ministry of Health

1. Guide and direct the Health Departments of provinces and centrally-administered cities (hereinafter referred to as Health Departments), health departments of ministries and sectors, and subordinate health public institutions of the Ministry of Health to implement this Circular;

2. Organize training and propaganda on the contents of the Code of Conduct and the responsibility of organizations and individuals in implementing the Code of Conduct for Health Departments, health departments of ministries and sectors, and subordinate health public institutions of the Ministry of Health;

3. Coordinate with the Vietnam Medical Association to launch and organize the signing of competition commitments to implement the Code of Conduct with the Heads of Health Departments and Chairpersons of the Trade Union of the Health Sector in provinces and centrally-administered cities, health departments of ministries and sectors, and subordinate health public institutions of the Ministry of Health;

4. Guide subordinate healthcare facilities to formulate a Code of Conduct for civil servants and officials based on the provisions of this Circular, suitable to the actual circumstances of the unit; establish criteria for competitions and determine forms of handling violations according to the law;

5. Inspect and supervise the implementation guidance of Health Departments of provinces and centrally-administered cities, health departments of ministries and sectors, and the implementation of healthcare facilities nationwide;

6. Organize interim reviews, summaries, and evaluations of the implementation of the Code of Conduct by civil servants, officials, and workers at healthcare facilities;

7. The Ministry of Health assigns the Cadre and Civil Servants Department to be the focal point for organizing the implementation of this Circular.

Article 9. Responsibilities of the Director of the Provincial Department of Health, the Head of the Ministry of Health, and Sectoral Departments

1. Organize propaganda, dissemination, and training on the contents stipulated in this Circular regarding the Code of Conduct for civil servants, employees, and workers at healthcare facilities for the leaders of healthcare facilities under their management.

2. Coordinate with the Trade Union at the same level to launch competitive movements throughout the sector; organize signing commitments to implement the Code of Conduct with the leaders and Chairpersons of the Trade Unions of units under their authority.

3. Guide healthcare facilities to issue the Code of Conduct for civil servants and medical staff based on the provisions of this Circular, suitable to the specific circumstances of each unit; establish criteria for competitive movements and determine forms of handling violations according to the law.

4. Inspect implementation at units under their management; establish hotlines within the system of subordinate units to receive and handle information reported by citizens.

5. Timely reward exemplary and advanced models; strictly handle cases of violation of the Code of Conduct according to the law.

6. Summarize every six months and conclude annually on the results of implementing this Circular; report the results of implementation to the Ministry of Health.

Article 10. Responsibilities of Professional Associations under the Management of the Health Sector

1. Coordinate with competent state management agencies to promulgate the Code of Professional Ethics for members according to the law.

2. Propagate, guide, train, and remind members about the Code of Conduct and professional ethics for practitioners in the health sector.

3. Inspect and supervise the practice of members; detect and handle violations of the Code of Conduct and professional ethics according to the association's regulations; recommend state management agencies to handle violations according to the law.

Article 11. Responsibilities of the Heads of District Health Departments

1. Develop plans to implement this Circular, submit them to the People's Committee of the district for approval.

2. Coordinate with the Provincial Department of Health in propaganda, dissemination, training, and discussion on the contents stipulated in this Circular regarding the Code of Conduct for civil servants, employees, and workers at healthcare facilities for the leaders of healthcare facilities under their management.

3. Coordinate with related units to organize inspections and supervision of the implementation of this Circular at healthcare facilities under their management.

Article 12. Responsibilities of Heads of Healthcare Facilities

1. Implement this Circular stipulating the Code of Conduct for civil servants and medical staff in units under their management.

2. Disseminate, train, and exchange discussions on the contents of the Code of Conduct and responsibilities for organizing its implementation as stipulated in this Circular.

3. Based on the provisions of this Circular, issue the Code of Conduct for civil servants and medical staff working at healthcare facilities suitable to the specific circumstances of the unit.

4. Publicly display the contents of the Code of Conduct at healthcare facilities.

5. Issue regulations, criteria for competitive movements, rewards, and disciplinary measures for violations; timely reward exemplary and advanced models; strictly handle cases of violation of the Code of Conduct.

6. Coordinate with the grassroots Trade Union to launch competitive movements; organize signing commitments to properly implement the Code of Conduct with the Heads of departments (and equivalent positions) in the unit.

7. Inspect and supervise activities of subordinate units and individual staff members; install hotlines to receive information reported by citizens and surveillance cameras to monitor activities of units within the facility.

8. Summarize every six months and conclude annually on the results of implementing the Code of Conduct in the unit; report to the competent authority as prescribed.

9. Bear responsibility before the law and superiors:

a) For the implementation of the Code of Conduct in the unit;

b) If there is a situation where staff under their management violate the Code of Conduct.

Article 13. Responsibilities of Department Heads, Section Chiefs, and Equivalent Positions at Healthcare Facilities (collectively referred to as Departments and Sections)

1. Strictly implement the Circular stipulating the Code of Conduct.

2. Discuss, deliberate, and exchange methods for implementing the Code of Conduct within Departments and Sections appropriately.

3. Respond positively to competitive movements within the unit.

4. Supervise and urge activities within Departments and Sections.

5. Sign commitment to competition with the Unit Head, other Departments and Sections; among staff members within Departments and Sections.

6. Instruct and disseminate to the public: Do not offer money or gifts while healthcare staff are performing their duties.

7. Bear responsibility if violations of the Code of Conduct occur among staff under their management.

Article 14. Responsibilities of Civil Servants and Healthcare Staff

1. Study and strictly comply with all regulations regarding actions that civil servants and healthcare staff must perform and those they must not perform. In addition to the provisions of this Circular, civil servants and healthcare staff must also implement other relevant legal regulations.

2. Sign a commitment with the Department Chief in the unit to strictly adhere to the Code of Conduct for civil servants and healthcare staff as guided by the unit.

3. Set an example by complying and encouraging colleagues to follow suit.

4. Mobilize the public to fully comply with legal regulations so that the public can create conditions to help staff fulfill their assigned tasks effectively.

5. Bear personal responsibility before the law, internal rules, and regulations of the agency or unit if violating the Code of Conduct regulations.

Chapter IV

REWARD AND DISCIPLINARY ACTION FOR VIOLATIONS

Article 15. Awards

1. Collectives and individuals who comply well with the provisions of this Circular will be rewarded according to the Law on Competition and Reward and the reward regulations of the agency or unit.

2. Forms of reward are decided by the Head of the healthcare facility:

a) Commendation of collectives and individuals before the entire agency or unit;

b) Increase in competition bonus based on monthly labor classification;

c) Rank as outstanding in completing tasks in the annual evaluation criteria for staff;

d) Other appropriate forms of reward according to the regulations of the agency or unit.

Article 16. Handling Violations

1. Collectives and individuals who violate the provisions of this Circular, depending on the severity of the violation, will be disciplined according to the law on discipline for civil servants and staff and the disciplinary regulations of the agency or unit.

2. Heads of healthcare facilities establish criteria for handling violations based on the nature and degree of the violation of the Code of Conduct, suitable for the characteristics of each type of activity of the unit.

3. Forms of handling violations are decided by the Head of the healthcare facility:

a) Criticism at a full-unit meeting;

b) Reduction or elimination of competition bonus based on monthly labor classification;

c) Transfer of job position;

d) Rank as non-completing tasks in the annual evaluation criteria for staff;

đ) Not considered for commendations or rewards for collectives and individuals who violate;

e) Other appropriate forms of handling violations as prescribed by the agency or unit.

4. If heads of healthcare facilities do not firmly organize the implementation of this Circular, do not propose appropriate measures and solutions for staff and workers in the unit to properly implement the Code of Conduct, and violations of the Code of Conduct occur at the facility, they will be handled according to the law on the responsibility of the head of the agency or unit.

Chapter V

IMPLEMENTING PROVISIONS

Article 17. Effective Date

1. This Circular takes effect from May 1, 2014.

2. Decision No. 4031/2001/QĐ-BYT dated September 27, 2001 of the Minister of Health on the issuance of Regulations on Communication at Medical Examination and Treatment Facilities and Decision No. 29/2008/QĐ-BYT dated August 18, 2008 of the Minister of Health on the Code of Conduct for Personnel at Public Health Service Units shall cease to be effective from the date this Circular takes effect.

Article 18. Responsibility for Implementation

The Director of the Ministry's Office, the Director of the Cadre Organization Department, the Director of the Medical Examination and Treatment Management Bureau, the Inspector General of the Ministry, the Directors of Departments, Bureaus, and General Directorates under the Ministry of Health, the Directors of Provincial Health Services, the Heads of health agencies under ministries and sectors, the Chairmen of professional associations in the health sector, the Heads of healthcare facilities nationwide, the Chiefs of Health Departments of districts, counties, and towns under provinces and centrally-administered cities, and related organizations and individuals are responsible for implementing this Circular.

During the implementation process, if there are difficulties or obstacles, localities and units should report to the Ministry of Health for consideration and resolution./.