Joint Circular No. 09/2009/TTLT-BCA-BYT guiding the health examination for the selection of citizens to serve on a temporary basis in the People's Public Security Forces

JOINT CIRCULAR

Guidelines for Health Examination to Select Citizens for Temporary Service in the People's Public Security Force

Pursuant to Decree No. 12/2007/NĐ-CP dated January 17, 2007 of the Government on citizens serving temporarily in the People's Public Security Force;

Pursuant to Decree No. 136/2003/NĐ-CP dated November 14, 2003 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

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

The Ministry of Public Security and the Ministry of Health issue guidelines for health examination to select citizens for temporary service in the People's Public Security Force (PSPF) as follows:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. These guidelines provide guidance on health examination, health check-up, and re-examination (if required) to select citizens for temporary service in the PSPF.

Article 2. These guidelines apply to citizens applying for selection to serve temporarily in the PSPF; new recruits examined by local public security agencies for selection to General Departments, Commands, Bureaus, and Units under the Ministry of Public Security; competent authorities and officials responsible for selecting citizens for temporary service in the PSPF.

Article 2. Health Standards

Clause 1. Clinical and paraclinical health standards for citizens selected to serve temporarily in the PSPF shall be applied according to the current regulations of the Ministry of Health on "Health Classification Standards for Recruitment and Periodic Health Check-ups for Workers."

Clause 2. Physical fitness standards for selecting citizens for temporary service in the PSPF shall be applied according to the provisions in Appendix No. 1 attached to these guidelines. The health examination board for selecting citizens for temporary service in the PSPF will only recognize those with health categories I and II (one and two) as meeting the health requirements for selection. In special cases, the Minister of Public Security may specify other health categories eligible for selection.

Article 3. Health Examination Certificate

Clause 1. The health examination certificate is a medical document summarizing basic health information about the citizen, serving as the basis for selecting citizens who meet the health requirements for temporary service in the PSPF. The health examination certificate is uniformly used nationwide, printed on white paper measuring 19 x 24 cm according to the model specified in Appendix No. 2 attached to these guidelines.

Clause 2. The health examination certificate consists of two parts: Part A - Brief Personal History: recorded by the organizational cadre department of the provincial public security agency (hereinafter referred to as the provincial public security agency). Part B - Health Examination: recorded by the health examination board for selecting citizens for temporary service in the PSPF.

Clause 3. The health examination certificate is prepared by the Cadre Organization Department of the provincial public security agency and must complete the brief personal history section (Part A) before being handed over to the health examination board for selecting citizens for temporary service in the PSPF.

Clause 4. The health examination certificate is valid when: it is filled out according to the prescribed format; written in blue or black ink; handwriting is clear, without erasures or abbreviations; all contents in the health examination certificate are fully completed; the conclusion of the health examination board for selecting citizens for temporary service in the PSPF remains valid for six months from the date of examination, unless there are special developments in health status.

Clause 5. Management of Health Examination Certificates: When the citizen has not yet been enlisted, the health examination certificate is managed by the provincial public security agency. Upon enlistment, the health examination certificate is filed in the personnel file of the unit receiving the new recruit.

Clause 6. When the citizen is suffering from an acute illness, the examiner must briefly record the name of the disease in Vietnamese next to it (the international term can be placed in parentheses). When concluding, the classification of health should be based on the course of the disease.

In cases where there is doubt and the health cannot be classified, the health examination board shall refer the citizen to the nearest specialized hospital for consultation. The maximum time allowed is ten working days to reach a conclusion, and this should only be done if absolutely necessary.

Chapter 2.

ORGANIZATION OF HEALTH EXAMINATION, HEALTH CHECK-UP, AND RE-EXAMINATION FOR SELECTING CITIZENS FOR TEMPORARY SERVICE IN THE PSPF

Article 4. Functions and tasks of health agencies at all levels of the Public Security Force in conducting health examinations for selecting citizens to serve on a temporary basis in the Public Security Force

1. Health Departments/Offices of provincial-level public security organs and municipal-level public security organs directly under the central government

a) Shall be directly guided by the Council for selecting citizens to serve on a temporary basis in the Public Security Force;

b) The Heads of Health Departments/Offices at the provincial level shall be responsible for advising the Directors of provincial-level public security organs and municipal-level public security organs directly under the central government (hereinafter referred to collectively as the Director of the provincial-level public security organ) on matters related to health examination work for selecting citizens to serve on a temporary basis in the Public Security Force;

c) Organize training and professional development for medical staff involved in health examinations for selecting citizens to serve on a temporary basis in the Public Security Force;

d) Propose to the Director of the provincial-level public security organ to strengthen specialist doctors for the Council conducting health examinations for selecting citizens to serve on a temporary basis in the Public Security Force when needed;

đ) Prepare budgets and consolidate payments for expenses, compile statistics, and report on the results of health examinations for selecting citizens to serve on a temporary basis in the Public Security Force according to the models prescribed in Appendices 3, 4, and 5 issued with this Circular;

e) Organize mid-term reviews, final summaries, and lessons learned from health examination work for selecting citizens to serve on a temporary basis in the Public Security Force after each recruitment period;

2. Health Bureau - Ministry of Public Security

a) Direct and organize inspections of health examination work for selecting citizens to serve on a temporary basis in the Public Security Force;

b) Direct health units receiving new recruits to implement health checks for new soldiers according to approved plans;

c) Coordinate with the Inspectorate of the Ministry of Public Security to examine and resolve any difficulties, complaints, and reports regarding health examination work for selecting citizens to serve on a temporary basis in the Public Security Force;

d) Implement mid-term reviews, final summaries, and lessons learned from health examination work for selecting citizens to serve on a temporary basis in the Public Security Force;

Article 5. Organization of health examinations for selecting citizens to serve on a temporary basis in the Public Security Force

1. Health examinations shall be conducted by the Council for selecting citizens to serve on a temporary basis in the Public Security Force.

a) Establishment of the Council: The Director of the provincial-level public security organ shall issue a decision to establish the Council based on the proposal of the Head of the Personnel Department of the provincial-level public security organ after obtaining the agreement of the Head of the Logistics Department of the provincial-level public security organ. The Council is a part-time organization. Each provincial-level public security organ shall establish one Council.

b) Composition of the Council: The Council shall consist of 3 to 5 doctors, including 1 Chairperson who is the Head of the Health Department (or a Deputy Head of the Logistics Department or the Head of the Health Office of the provincial-level public security organ), 1 Vice-Chairperson, 1 permanent member and secretary of the Council, other members of the Council, and invite 1 representative from the Personnel Department to participate in the Council. The Council must have at least 1 internal medicine doctor and 1 surgical doctor. The Council may mobilize some doctors, nurses, and laboratory technicians both within and outside the Public Security Force to ensure the implementation of all required examination rooms as stipulated in Clause 3 of this Article.

c) Tasks of the Council: The Council is responsible to the Director of the provincial-level public security organ for implementing health examinations for selecting citizens to serve on a temporary basis in the Public Security Force. The Council operates on the principle of collective decision-making by majority vote. The Chairperson signs the conclusions and classifies health status. In cases where the Council does not reach a consensus on classification and health conclusions, the Chairperson records the conclusion of the majority on the health examination form. Dissenting opinions shall be fully recorded in the minutes signed by each member of the Council and submitted to the Re-examination Health Examination Council. The Chairperson directs and is responsible for all activities of the Council. Other members carry out tasks assigned by the Chairperson.

2. Content of health examinations: Physical strength, vision, hearing, specialized examinations (clinical and paraclinical), drug testing, and other tests according to the criteria specified in the Health Examination Form issued with Appendix 2 of this Circular; classify health status according to the provisions of Article 2 of this Circular.

3. Organization of health examination rooms:

a) Arrangement of examination rooms must follow the principle of one-way flow, closed-loop, convenient for the examinees, and ensuring minimum conditions for examinations in each specialty.

b) The number of examination rooms shall be determined based on the number of medical personnel in the health examination council and actual circumstances, including:

- Physical strength, movement, Eye, Ear-Nose-Throat, Dental-Maxillofacial examination rooms.

- Endocrine, Urology-Reproductive, Dermatology-Tumor examination rooms.

- Circulatory, Respiratory, Gastrointestinal, Mental-Neurological examination rooms.

- Surgical, Dermatology examination rooms.

- A laboratory equipped to conduct tests according to the health examination contents specified in Clause 2 of Article 5 of this Circular.

- Conclusion room.

Article 6. Organization of health check-ups for citizens serving on a temporary basis in the Public Security Force

1. Health checks shall be organized at General Departments, Commands, Bureaus, and Directorates of the Ministry of Public Security upon request by the heads of units receiving new recruits when they discover health issues or have doubts about the results of the initial health examination of newly enlisted soldiers within the first month. The health check-up will be conducted at the unit's medical facility or at medical facilities inside and outside the Public Security sector (in cases where the unit's medical facility does not meet the necessary conditions).

2. Content of health check-ups: Implement the contents specified in Clause 2 and Clause 3 of Article 5 and the Health Check Form attached as Appendix 6 of this Circular.

3. Those who have participated in the Health Examination Board for citizens serving on a temporary basis in the Public Security Force for soldiers to be checked must not participate in the health check-up for those soldiers to ensure the objectivity of the health check-up.

4. In case there is a discrepancy between the results of the initial health examination and the health check-up, the head of the unit receiving new recruits shall base their decision on the results of the health check-up. If a citizen selected does not agree with the results of the health check-up, they have the right to appeal according to Articles 7 and 8 of this Circular.

Article 7. Organization of re-examination health check-ups for citizens serving on a temporary basis in the Public Security Force

1. Re-examination health check-ups shall be carried out for cases involving complaints or accusations related to the initial health examination of citizens serving on a temporary basis in the Public Security Force, as requested by the Provincial Public Security Department, and conducted by the Re-examination Health Check-up Board of hospitals under the General Logistics Department - Ministry of Public Security.

2. The Re-examination Health Check-up Board

a) The Director of the hospital under the General Logistics Department - Ministry of Public Security shall issue a decision to establish the Re-examination Health Check-up Board;

b) The Board operates based on collective principles and decides by majority rule;

c) The composition of the Board includes 3-5 doctors from the Planning and Integration Department, Internal Medicine, Surgery, and specialized departments with at least five years of experience in health examinations for recruitment into the Public Security Force. Those who have participated in the Health Examination Board for citizens serving on a temporary basis in the Public Security Force or in health checks (as stipulated in Article 6) shall not participate in the Re-examination Health Check-up Board.

3. The content of re-examination health check-ups is based on the Health Standards specified in Article 2; the Re-examination Health Check Form at Appendix 7 issued together with this Circular.

4. The Re-examination Health Check-up Board shall provide a response within 15 days from the date of receipt of the request for re-examination health check-up from the Provincial Public Security Department.

5. The conclusion of the Re-examination Health Check-up Board is the final conclusion regarding the health complaint of the citizen being considered for selection to serve on a temporary basis in the Public Security Force.

Article 8. Rights and Obligations of Citizens Participating in Health Examinations for Recruitment to Serve on a Temporary Basis in the Public Security Force

1. Citizens attending health examinations have the right:

a) To request relevant agencies and authorized officials responsible for recruiting citizens to serve on a temporary basis in the Public Security Force to guide procedures, processes, and preparatory work before, during, and after the health examination to ensure that the health examination process runs smoothly;

b) To be informed by the Health Examination Board of the results of their health examination;

c) To appeal if they disagree with the results of the health examination or health check-up.

2. Citizens attending health examinations have the obligation to strictly comply with the following principles and procedures:

a) Must present the summons for health examination issued by the District, County, City, or Provincial Public Security Department (hereinafter referred to as the Provincial Public Security Department); Identity Card;

b) Bring personal health-related documents (if any) to hand over to the Health Examination Board for citizens serving on a temporary basis in the Public Security Force;

c) Not to consume alcohol, beer, or other stimulants before the health examination;

d) To strictly adhere to the rules of the health examination area.

Chapter 3.

IMPLEMENTING PROVISIONS

Article 9. Funding

Funding for health examinations for citizens serving on a temporary basis in the Public Security Force shall be sourced from the central budget and allocated in the annual regular expenditure budget of public security units and localities. The Ministry of Public Security ensures funding for health examinations for citizens serving on a temporary basis in the Public Security Force. The consumption rate of materials and funding for health examinations for citizens serving on a temporary basis in the Public Security Force shall be implemented according to the provisions set forth in Appendix 3 issued together with this Circular.

Article 10. Implementation Organization

1. Ministry of Public Security:

a) To disseminate, guide, inspect, and urge the implementation of this Circular.

b) Relevant agencies under the Ministry of Public Security are responsible for planning, guiding, and directing units throughout the Public Security Force to implement the annual health examination plan for citizens serving on a temporary basis in the Public Security Force.

c) Units receiving new recruits are responsible for coordinating with public security agencies at all levels to handle the transfer and receipt of health examination certificates for selected citizens in accordance with regulations.

2. The Ministry of Health

Within the scope of their functions and responsibilities, they are responsible for directing health agencies at all levels:

a) To cooperate with local public security agencies in conducting health examinations for citizens serving on a temporary basis in the Public Security Force and organizing the implementation in accordance with regulations;

b) To strengthen medical personnel for the Health Examination Boards for citizens serving on a temporary basis in the Public Security Force when required.

3. Annually, the two Ministries organize meetings to evaluate the results of cooperation in implementing this Circular.

Article 11. Effective Date

This Circular takes effect 45 days from the date of issuance. During the implementation period, if there are difficulties or obstacles, please report them to the joint ministries for consideration and resolution./.