Circular No. 09/2007/TT-BYT guiding the awarding of the titles of People's Doctor and Outstanding Doctor

CIRCULAR

Guidelines for awarding the titles ofPeople's Doctor and Outstanding Doctor

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WHEREAS pursuant to the Law on Competition and Rewards dated November 26, 2003; the Law Amending and Supplementing Certain Provisions of the Law on Competition and Rewards dated June 14, 2005;

Pursuant to Decree No. 121/2005/NĐ-CP dated September 30, 2005 of the Government detailing and guiding the implementation of certain provisions of the Law on Competition and Rewards and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Rewards;

After reaching consensus with the Central Steering Committee for Competition and Rewards, the Ministry of Health provides guidelines for awarding the titles of People's Doctor and Outstanding Doctor as follows:

I. GENERAL PROVISIONS:

1. Scope of application.

This Circular guides the criteria, procedures, file procedures, and examination process for awarding the titles of People's Doctor and Outstanding Doctor in the healthcare sector.

2. Scope of application.

a) This Circular applies to doctors engaged in medical examination and treatment, pharmaceutical production, medical and pharmaceutical research, disease prevention, epidemic control, and health management at state-owned healthcare units and facilities, state administrative agencies responsible for health from central to local levels, and sectoral health, private hospitals, and private pharmaceutical manufacturing enterprises;

b) In cases where doctors are involved in training activities and primarily engage in clinical, paraclinical, preventive healthcare work at practical training sites, if they have personal aspirations, their direct managing units agree, meet the criteria, and have not participated in the awarding of the titles of National Teacher or Outstanding Teacher, they may register to participate in the awarding of the titles of People's Doctor and Outstanding Doctor.

c) Doctors who have retired may still be eligible for consideration when meeting the criteria up to the time of evaluation and falling under one of the following circumstances:

- Not having participated in the awarding process before.

- Not meeting the criteria for the awarding process at the time of retirement but continuing to directly engage in medical technical work at state-owned healthcare units and facilities or private hospitals or private pharmaceutical manufacturing enterprises until meeting the criteria.

2. Definitions.

a) Doctors as defined in this Circular include: Medical doctors; pharmacists with a college degree or higher; medical assistants, nurses, nursing aides, medical and pharmaceutical technicians, midwives with a college degree or higher, and health management staff.

b) Health management staff includes doctors working in management positions at healthcare units and facilities, state administrative agencies responsible for health from central to local levels, and sectoral health.

c) Direct engagement in medical technical work refers to the time spent directly engaging in medical examination, treatment, disease prevention, epidemic control, medical and pharmaceutical research, and pharmaceutical production.

d) Doctors engaged in medical and pharmaceutical research refer to doctors directly involved in research activities at medical and pharmaceutical research departments of specialized medical technical units or laboratories for testing and biochemistry in research units within the healthcare sector.

đ) Doctors engaged in pharmaceutical production refer to those directly participating in one or more stages of the pharmaceutical production process (research, compounding, testing, quality control, operating production machines, packaging products, or other stages from research to product packaging) at pharmaceutical manufacturing facilities.

3. Calculation of time directly engaged in medical technical work.

a) For doctors working in management positions at medical examination and treatment units, pharmaceutical production units, medical and pharmaceutical research units, disease prevention, and epidemic control units, if they continue to directly engage in medical technical work during their management duties, such time shall be counted as direct engagement in medical technical work.

b) The service time of doctors serving in Zones B, C, and K before April 30, 1975, shall be considered as time directly engaged in medical technical work.

c) Time directly engaged in medical technical work shall be calculated from the point in time when the person participating in the evaluation reaches the intermediate level or higher in medical or pharmaceutical specialties as stipulated in this Circular.

d) Time spent studying, undergoing professional training for over twelve months, time off without pay, or exceeding the permitted leave period for maternity leave or illness shall not be counted towards time directly engaged in medical technical work.

đ) In cases where doctors change job positions or have interrupted periods of employment, the time directly engaged in medical technical work can be accumulated.

4. Principles of Awarding

a) Ensuring transparency and democracy in the awarding process.

b) Each individual can only be awarded one of the three honors conferred by the State: the title of Teacher, the title of Doctor, or the title of Artist.

c) Individuals who have been administratively punished for violations related to medical technical work in the healthcare field, are being investigated for criminal responsibility, or have been disciplined with a warning or higher penalty during the specified period of employment as stipulated in Point c Clause 1 Section II (for People's Doctor) or Point c Clause 2 Section II (for Outstanding Doctor) of this Circular shall not be eligible for the award.

5. Timing of Awarding

The titles of People's Doctor and Outstanding Doctor are evaluated and announced every two years on the occasion of Vietnam Doctors' Day on February 27.

6. Benefits for People's Doctor and Outstanding Doctor

a) People's Doctor shall be awarded:

- Badge of People's Doctor;

- Certificate of Recognition from the President of the State;

- Cash reward: VND 4,000,000 or a commemorative gift of equivalent value.

b) Outstanding Doctor shall be awarded:

- Badge of Outstanding Doctor;

- Certificate of Recognition from the President of the State;

- Cash reward: VND 3,000,000 or a commemorative gift of equivalent value.

II. CRITERIA FOR AWARDING

The criteria for awarding the titles of People's Doctor and Outstanding Doctor are applied according to Article 63 of the Law on Competition and Rewards and this Circular, specifically:

1. Title of People's Doctor.

The title of People's Doctor shall be awarded to doctors who meet the following criteria:

a) Loyalty to the Socialist Republic of Vietnam, possessing good moral character, dedication to their profession, wholeheartedly caring for patients, complying with laws, and not violating professional ethics regulations.

b) Possess talent and have outstanding achievements in disease prevention, treatment, and the development of medical science and technology, have made significant contributions to the cause of protecting, caring for, and improving public health, have a wide influence among the people, be trusted and respected by patients and colleagues. Among which, the following conditions must be met:

- Have been awarded the title of Excellent Doctor for at least six years.

- After obtaining the title of Excellent Doctor, must achieve one of the following forms of commendation:

+ Have been awarded the Labor Medal Class 3 or higher (excluding other types of Medals).

+ Have been awarded the Model Worker title at the grassroots level for five years, including at least one time achieving the Model Worker title at the Ministry or provincial level.

- Lead one of the inventions, patents, research topics, or applications of scientific and technological progress within the medical or pharmaceutical field that has been recognized and accepted by the Science and Technology Council at the provincial level, Ministry, or State.

c) Time directly engaged in medical technical work:

- Have at least twenty years of direct experience in medical technical work.

- For medical management staff, must have at least twenty-five years of service in the industry, including at least fifteen years of direct engagement in medical technical work.

2. The title of Excellent Doctor.

The title of Excellent Doctor is conferred upon doctors who meet the following criteria:

a) Loyalty to the Socialist Republic of Vietnam, possessing good moral character, dedication to their profession, wholeheartedly caring for patients, complying with laws, and not violating professional ethics regulations.

b) Possess talent, have outstanding achievements in their profession, be trusted by the people, patients, and colleagues. Among which, the following conditions must be met:

- Have been awarded one Prime Minister's Commendation or the Model Worker title at the grassroots level for five years or three Commendations at the Ministry or provincial level for professional achievements or management.

- Achieve accomplishments in the field of scientific research:

+ For doctors with a bachelor's degree or higher, must lead an invention, patent, research topic, or application of scientific and technological progress that has been recognized and accepted by the Scientific and Technological Council at the grassroots level, or serve as secretary of a research topic that has been recognized and accepted by the Scientific and Technological Council at the Ministry or provincial level.

+ For doctors with a college or associate degree, must lead a research topic, have a technical improvement initiative, or apply scientific and technological progress or useful solutions that have been recognized and accepted by the Scientific and Technological Council at the grassroots level.

c) Time directly engaged in medical technical work:

- Have at least fifteen years of direct experience in medical technical work within the industry.

- For medical management staff, must have at least twenty years of service in the industry, including at least ten years of direct engagement in medical technical work.

III. THE COUNCIL FOR BESTOWING THE TITLES OF PEOPLE'S DOCTOR AND EXCELLENT DOCTOR AT ALL LEVELS

AND OUTSTANDING TEACHERS AND MEDICAL PRACTITIONERS AT ALL LEVELS

1. Tasks, principles, and methods of operation of the Council for Bestowing the Titles of People's Doctor and Excellent Doctor at all levels (hereinafter referred to as the Council).

a) Duties:

- Organize the bestowal process at the grassroots, provincial, and ministry levels to ensure quality, timing, and compliance with legal regulations.

- Select and propose to the higher-level Council lists of individuals meeting the prescribed standards.

b) Principles:

- The Council operates based on the principles of transparency, democracy, collective decision-making, majority rule, and secret ballot.

- The higher-level Council only considers cases proposed by the lower-level Council.

- Cases of non-compliance with regulations, incomplete or invalid files, or late submission of files will not be considered by the Council at any level.

c) Methods of operation:

- The Council operates according to its Rules of Procedure decided by the Chairperson of the Council.

- Meetings of the Council are valid when at least two-thirds of the total number of Council members, as determined by the establishment decision, attend, including the Chairperson or Deputy Chairperson authorized by the Chairperson.

- Only doctors who receive at least two-thirds of the votes of confidence from the total number of Council members, as determined by the establishment decision, can be proposed to the higher-level Council for consideration.

- All meetings of the Council must record minutes signed by the Chairperson and Secretary of the Council.

- Each level of the Council has a Secretariat or Secretariat Team to assist, decided by the person issuing the Council establishment decision.

- The Council at each level uses the seal of the agency or unit where the Chairperson is responsible.

2. Establishment of Councils at all levels

The Council for Bestowing the Titles of People's Doctor and Excellent Doctor is established for each awarding period and dissolved after completing its tasks.

a) Grassroots Councils in units under the Ministry and provinces:

- The Council is established by the head of the unit and must have at least nine members.

The expanded Council of the Provincial Health Department is established by the Director of the Provincial Health Department; the Council at the district level is established by the Chairman of the District People's Committee based on the proposal of the Head of the District Health Office; the Council of the Ministry of Health is established by the Minister of Health.

- The composition of the Council in units under the Ministry includes:

+ The head of the unit is the Chairperson of the Council.

+ The Chairman of the Trade Union of the unit is the Deputy Chairperson of the Council.

+ Members of the Council include: Deputy heads of the unit, Heads of some departments, sections, bureaus, workshops, and other parts under the unit, some People's Doctors, and Excellent Doctors (if any).

- The composition of the Council of the Ministry of Health includes:

+ A Vice Minister serves as the Chairperson of the Council.

+ The Chairman of the Trade Union of the Ministry serves as the Deputy Chairperson of the Council.

+ Members of the Council include: The Standing Committee of the Ministry's Award and Commendation Council, the Director of the General Office, the Inspector General, Directors of some Departments, and Directors of some Bureaus, some People's Doctors, and Excellent Doctors (if any).

- The composition of the Council in units in provinces directly under the Central Government (hereinafter referred to as provinces) includes:

+ The composition of the Council in hospitals, regional multi-specialty clinics, pharmaceutical production enterprises, provincial health centers under the Provincial Health Department; private hospitals, private pharmaceutical production enterprises located in the province (collectively referred to as units) includes:

Unit Heads is the Chairperson of the Council.

The Chairman of the Trade Union of the unit is the Deputy Chairperson of the Council

The members of the Council are Deputy Heads of Units, Heads of some departments, offices, divisions, workshops, sections, and some People's Doctors, Outstanding Doctors (if any).

+ Composition of the expanded Council of the Department of Health (organizing the award for doctors working at the Department of Health Office, district preventive health centers, and provincial specialized agencies):

The Director or Deputy Director of the Department of Health serves as the Chairman of the Council.

The Chairman of the Trade Union of the Health Sector in the province serves as the Vice-Chairman of the Council.

The members of the Council are Heads of some departments, offices, units, district preventive health centers, and some People's Doctors, Outstanding Doctors (if any).

+ Composition of the Councils at districts and cities (referred to as District-level Councils) (organizing the award for doctors working at district health offices, commune health stations under districts):

The Deputy Chairman of the district responsible for culture and society serves as the Chairman of the Council.

The Head of the District Health Office serves as the Vice-Chairman of the Council.

The members of the Council are Deputy Heads of the District Health Office, Heads of some commune health stations, and some People's Doctors, Outstanding Doctors (if any).

b) Councils at the Ministry level; provinces and centrally governed cities:

- Councils at the Ministry level:

+ Ministries establish Councils at the Ministry level comprising the Ministry of Health and other ministries with sectoral health services as specified in point a, Clause 3, Section of this document.

+ The Council at the Ministry level is established by Decision of the Minister. The Council has at least nine members.

+ Composition of the Councils at ministries with sectoral health services includes:

The Minister or a Deputy Minister serves as the Chairman of the Council.

The Head of the sectoral health service is the Vice-Chairman of the Council.

The members of the Council are Deputy Ministers, Permanent Members of the Ministry's Competition and Reward Council, Chairman of the Trade Union of the sectoral health service, Deputy Heads of the sectoral health service, Heads of some departments, offices, and units under the sectoral health service, and some People's Doctors, Outstanding Doctors (if any).

+ Composition of the Council of the Ministry of Health includes:

The Minister or a Deputy Minister serves as the Chairman of the Council.

Two Vice-Chairmen of the Council are a Deputy Minister and the Chairman of the Trade Union of the sector.

The members of the Council are Deputy Ministers, Permanent Members of the Ministry's Competition and Reward Council, Directors of functional Departments and Bureaus, and some People's Doctors, Outstanding Doctors.

- Councils at provincial and centrally governed city levels (commonly referred to as provincial level):

+ The Council has at least nine members established by Decision of the Provincial People's Committee Chairman upon the proposal of the Provincial Health Department Director.

+ Composition of the Council includes:

The Deputy Chairman of the province responsible for culture and society serves as the Chairman of the Council.

The Director of the Provincial Health Department serves as the Vice-Chairman of the Council.

The members include Leaders of the Provincial Competition and Reward Board, Deputy Directors of the Provincial Health Department, Chairman of the Trade Union of the provincial health sector, Heads of some departments, offices, and units under the Provincial Health Department, Directors of provincial hospitals, and some People's Doctors, Outstanding Doctors (if any).

c) National-level Council:

The National-level Council is established by Decision of the Prime Minister, tasked with reviewing and submitting to the Prime Minister for approval by the President to decide on awarding the titles of People's Doctor and Outstanding Doctor.

3. Provisions regarding Councils at ministries with sectoral health services.

a) Ministries establish Councils at the Ministry level and grassroots Councils including the Ministry of Public Security; the Ministry of Defense; the Ministry of Transport. Each subordinate unit of the ministry establishes a grassroots Council; the main managing ministry establishes a Council at the Ministry level.

b) Other ministries and sectors outside those specified in point a of this clause with sectoral health services establish grassroots Councils for their own sectoral health services. Proposals from grassroots Councils of these ministries and sectors are sent to the Council of the Ministry of Health for review at the Ministry level.

4. Provisions for agencies and units that do not meet the conditions to establish grassroots Councils.

In cases where agencies and units do not have sufficient composition or conditions to establish grassroots Councils, they may choose one of the following options:

a) The head of the unit prepares a letter requesting the Chairman of the higher-level Council to decide on arranging joint elections at another agency or unit.

b) Doctors working at agencies and units under the province can participate in elections at the expanded Council organized by the Department of Health.

c) Doctors working at private hospitals and private pharmaceutical production enterprises can participate in elections at the expanded Council organized by the Department of Health where the facility is located.

IV. PROCEDURE FOR SELECTING THE TITLES OF

PEOPLE'S DOCTOR AND OUTSTANDING DOCTOR

1. Step 1: Preparation at the grassroots level

The head of the grassroots unit organizes a joint meeting between the Party, Administration, Trade Union, and Youth League of the unit to disseminate to cadres, civil servants, and employees within the unit the standards for selecting the titles of People's Doctor and Outstanding Doctor as stipulated in the Law on Competition and Reward and the standards prescribed in this Circular; develop a plan for implementation and establish a Council for awarding the title of doctor at the unit.

2. Step 2: Nomination.

a) After studying, discussing, and understanding the regulations on awarding the titles of doctor, the head of the grassroots unit informs and guides departments, offices, bureaus, centers, and stations to nominate doctors who meet the criteria in their unit to participate in the selection of the title of doctor.

b) Compile a list of nominees, accompanied by a summary of each person's achievements, to be publicly displayed at the unit for at least seven working days.

c) Nomination for doctors who have transferred work units, retired doctors, and doctors engaged in teaching:

- Medical management staff may participate in evaluation at the direct workplace before engaging in management work.

- Retired doctors may participate in evaluation at their last workplace or at the expanded Council of the Department of Health in their place of residence.

- For doctors engaged in clinical, paraclinical, preventive hygiene, and disease prevention teaching at practice facilities, they should participate in evaluation at the longest practicing facility.

3. Step 3: Organize a meeting of cadres, civil servants, and employees to obtain public endorsement.

a) The unit organizes a meeting (the nominating unit):

- Each agency, unit, or organization is a nominating unit.

- In cases where units have a large number of cadres, civil servants, and public officials, they may organize separate meetings for each department comprising cadres, civil servants, and public officials with similar job characteristics. The election results of the unit are a consolidation of the election results from the subordinate meetings.

b) Eligible voters: Cadres, civil servants, and public officials of the unit who hold at least a college degree.

c) Organization of the meeting:

The meeting must be conducted by secret ballot. The meeting is only valid if at least two-thirds of the eligible voters are present and vote. Only physicians who receive at least two-thirds of the trust votes from the total number of eligible voters will be proposed for consideration at the grassroots-level Council. The voting results must be recorded in a Minutes document.

d) Announcement of election results:

The list of individuals who received the required number of trust votes must be publicly posted or announced within the entire unit for a minimum of seven working days to allow cadres, civil servants, and public officials to be informed and provide feedback. Thereafter, the Secretariat compiles the information for the unit's leadership to submit to the grassroots-level Council for review.

4. Step 4: Awarding the title of Physician at Councils

a) At the grassroots-level Council:

- The Council's Standing Committee compiles and sends the files to the Council members for study before the Council convenes. Council members carefully review the reports on the achievements of the physicians, compare them with the award criteria, and listen to public opinions (if any).

In cases where physicians have complaints or accusations, the head of the unit must resolve these issues before the Council convenes.

- The Council convenes to discuss and vote by secret ballot. Only those who receive at least two-thirds of the trust votes from the total number of Council members as stipulated in the Decision on establishment will be listed for submission to the higher-level Council.

- The list of individuals who received the required number of trust votes for the titles of National Physician and Outstanding Physician must be publicly posted or announced within the entire unit, agency, or organization for a minimum of seven working days.

- After the announcement period, the grassroots-level Council convenes for its final review, compiles the list, and submits it to the higher-level Council.

b) At the Ministry or Provincial Council:

- The Council's Standing Committee studies and reviews the files, compares them with the specified criteria, and compiles the list for submission to the Council.

- All Council members must review and study the list compiled by the Council's Standing Committee.

- The Council convenes to discuss, review, and vote by secret ballot. Only those who receive at least two-thirds of the trust votes from the total number of Council members as stipulated in the Decision on establishment will compile the list for submission to the State-level Council.

- All complaints and accusations must be resolved before the Ministry or Provincial Council convenes. The list of individuals who received the required number of trust votes for the titles of National Physician and Outstanding Physician must be reported back to the grassroots-level Council. After collecting feedback from the units, the Ministry or Provincial Council conducts its final review to decide on compiling the list for submission to the State-level Council.

5. Announcing Non-qualifying Cases

All cases that participated in the evaluation but did not qualify or were not proposed to the higher-level Council must be notified in writing by the evaluating level, specifying the reasons to inform the concerned parties, preventing appeals to higher levels.

V. APPLICATION FILES

1. Documents

a) Individual Files: (Each file submitted to the Ministry or Provincial Council consists of three copies)

- A personal achievement report not exceeding three pages, typed and confirmed by the direct supervisor (signed and stamped). The section detailing awards received must specify the number, code, date, month, year, and issuing authority of the award decision.

- A research achievement report confirmed by the unit head (signed and stamped), accompanied by a certified copy of the acceptance record from the Science and Technology Council, the authorized innovation council, or the patent certificate.

- An assessment by the local government (village, ward, town) regarding compliance with laws and state policies for each physician.

b) Application Files Submitted by Lower-Level Councils to Higher-Level Councils: (Each set consists of two copies)

- A proposal for conferring the title of National Physician.

- A proposal for conferring the title of Outstanding Physician.

- A list of candidates for the title of National Physician.

- A list of candidates for the title of Outstanding Physician.

- A report on the process of conferring the titles of National Physician and Outstanding Physician.

- Minutes of the vote tally for National Physicians.

- Minutes of the vote tally for Outstanding Physicians.

- A cross-reference list of candidates for the title of National Physician.

- A cross-reference list of candidates for the title of Outstanding Physician.

- Decision on establishing the lower-level Council.

c) The format of the application file for conferring the titles of National Physician and Outstanding Physician is prescribed in the Appendix attached to this Circular.

2. Procedure for Submitting Application Files

a) Units submit application files to the grassroots-level Council.

b) The grassroots-level Council submits application files to the Ministry or Provincial Council.

c) The Ministry or Provincial Council submits application files to the State-level Council through the Ministry of Health (the Standing Committee of the Ministry of Health's Competition and Reward Council).

3. Time for Submission of Application Files

a) The deadline for the grassroots-level Council to submit application files to the Ministry or Provincial Council is August 15 of the year of evaluation.

b) The deadline for the Ministry or Provincial Council to submit application files to the State-level Council is November 15 of the year of evaluation.

VI. IMPLEMENTATION

1. This Circular takes effect fifteen days after its publication in the Official Gazette.

2. Abolish Circular No. 05/2002/TT-BYT dated May 30, 2002, issued by the Minister of Health guiding the conferment of the titles of National Physician and Outstanding Physician for the sixth time and any previous regulations inconsistent with this Circular.

3. Physicians engaged in medical and pharmaceutical research, pharmaceutical production, and nursing, medical technicians, and midwives with at least a college degree who have made outstanding contributions may be considered for the title of National Physician without applying the criterion stipulated in Point b Clause 1 Section II "having been conferred the title of Outstanding Physician for at least six years" if they meet all the criteria for the title of National Physician prior to the effective date of this Circular.

4. The heads of agencies, units, and organizations proposing to confer the titles of People's Doctor and Outstanding Doctor shall be fully responsible for the accuracy of the nomination files, and at the same time shall have the responsibility to handle complaints and denunciations in accordance with the provisions of the law.

5. A person conferred the title of People's Doctor or Outstanding Doctor who violates the law and is sentenced to imprisonment by a court shall have their title of People's Doctor or Outstanding Doctor revoked in accordance with the provisions of the law.

Upon receipt of this Circular, the heads of relevant agencies and units shall be responsible for organizing the dissemination, promulgation, and implementation of the Circular so that the relevant parties are aware and comply. In case of difficulties during the implementation process, they are requested to promptly reflect them to the Ministry of Health (through the Standing Committee of the Ministry's Competition and Reward Council) for consideration, amendment, and supplementation to ensure appropriateness./.