This Circular guides the functions, tasks, powers, and organizational structure of the Department of Health and the Health Office at local levels to manage state administration in the field of health as prescribed by law.
适用范围
The Department of Health belongs to the People's Committee of the province and the Health Office belongs to the People's Committee of the district.
要点
- The Department of Health is under the direction and management of the People's Committee of the province and the Ministry of Health; it has the function of advising and assisting the People's Committee in implementing state management functions in the field of health within the provincial territory.
- Responsible for areas such as preventive healthcare, medical examination and treatment, food safety, medical equipment, and training of health staff.
- The Department of Health submits to the People's Committee of the province for issuance of decisions and directives on health protection, care, and improvement of public health.
- The Health Office of the People's Committee of the district implements state management functions in the field of health within the district according to the guidance of the People's Committee of the province.
- Based on the specific characteristics of the locality, the Chairman of the People's Committee of the district decides on staffing to meet the tasks of state management in health care and public health protection.
🌐 本文件的社会影响
- Positive impact: Enhance the effectiveness of state management in the field of health, improve the quality of public health services.
- Negative impact: May increase the burden on the organizational structure and operational costs for local health agencies.
❓ 常见问题
What powers does the Department of Health have?
The Department of Health has the right to submit to the People's Committee of the province for issuance of decisions and directives on health protection, care, and improvement of public health; approval of long-term, five-year, and annual plans in the field of health.
What are the tasks of the Health Office?
The Health Office implements state management functions in the field of health within the district according to the guidance of the People's Committee of the province; advises the Chairman of the People's Committee of the district to direct and organize the implementation of disease prevention and environmental sanitation work.
How many Deputy Directors does the Department of Health have?
The Department of Health has from two to three Deputy Directors; for Hanoi City and Ho Chi Minh City, not more than four Deputy Directors.
How is the Health Office authorized to manage health work?
The Health Office performs certain tasks and powers delegated by the Department of Health and advises the Chairman of the People's Committee of the district to direct and organize the implementation of disease prevention and environmental sanitation work.
How is the staffing of health public service units managed?
The staffing of health public service units is public service staffing; the management and use of public service staffing in health are carried out in accordance with the provisions of the law.
全文
JOINT CIRCULAR
Guidelines for the functions, tasks, authorities, and organizational structure of the agency assisting the People's Committee in managing state affairs in the field of health at the local level.
Guidelines for the functions, tasks, authorities, and organizational structure of the specialized agency assisting the People's Committee in managing state affairs in the field of health at the local level.
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Pursuant to Resolution No. 46-NQ/TW dated February 23, 2005 of the Politburo on health care work to protect, care for, and improve people's health in the new situation;
Pursuant to Decree No. 49/2003/NĐ-CP dated May 15, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;
Pursuant to Decree No. 45/2003/NĐ-CP dated May 9, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;
Pursuant to Decree No. 171/2004/NĐ-CP dated September 29, 2004 of the Government stipulating the organization of specialized agencies under the Provincial People's Committees and Decree No. 172/2004/NĐ-CP dated September 29, 2004 of the Government stipulating the organization of specialized agencies under the District People's Committees;
The Ministry of Health and the Ministry of Home Affairs jointly issue guidelines for the functions, tasks, authorities, and organizational structure of the specialized agency assisting the People's Committee in managing state affairs in the field of health at the local level as follows:
I. DEPARTMENT OF HEALTH
1. Position and Functions
1.1. The Department of Health is a specialized agency under the Provincial People's Committee (hereinafter referred to as the Provincial People's Committee) with the function of advising and assisting the Provincial People's Committee in implementing state management functions within the province regarding health care and protection, including preventive medicine, diagnosis and treatment, rehabilitation, traditional East Asian medicine, drugs for human disease prevention and treatment, cosmetics affecting human health, food safety, medical equipment; public services within the health sector; performing certain tasks and authorities according to the delegation of the Provincial People's Committee and as prescribed by law.
1.2. The Department of Health is subject to the direction and management of the Provincial People's Committee concerning its organization, staffing, and activities, while also being subject to the direction, guidance, inspection, and audit of the Ministry of Health in terms of professional matters.
2. Tasks and Authorities
2.1. Draft decisions and directives of the Provincial People's Committee on health care work to protect, care for, and improve people's health in the new situation within the scope of local management and the decentralization of the Ministry of Health.
2.2. Draft the Provincial People's Committee to approve planning, long-term plans, five-year plans, and annual plans, programs, and projects within the jurisdiction of the Department in accordance with the overall socio-economic development plan of the locality and the industry development plan of the Ministry of Health.
2.3. Draft the Provincial People's Committee on the division of labor, decentralization, or delegation of management of health care work to protect, care for, and improve people's health to the District People's Committee (hereinafter referred to as the District level) and health-related public institutions in accordance with the law.
2.4. Draft the Provincial People's Committee on the planning of the network of diagnosis and treatment facilities, preventive health care networks for the Chairman of the Provincial People's Committee to submit to the Provincial People's Council for decision-making in line with the orientation of the health industry development plan.
2.5. Organize, direct, guide, inspect, and be responsible for the implementation of legal normative documents, plans, programs, and projects in the field of health that have been approved; communication, dissemination, education on laws and information on protecting, caring for, and improving people's health.
2.6. On preventive health care:
2.6.1. Draft the Provincial People's Committee on regulations and solutions for mobilizing, managing, and using resources to implement preventive health care and epidemic control work at the local level; be responsible for organizing implementation after approval.
2.6.2. Decide on measures to investigate, detect, and handle epidemics, and report epidemics as prescribed. In cases where resources need to be mobilized to extinguish an epidemic beyond authority, report to the Chairman of the Provincial People's Committee for decision; take the lead and coordinate with other Departments, Agencies, and Sectors to organize the implementation of measures to prevent, control, and mitigate the consequences of epidemics, accidents, and disasters affecting people's health in the province.
2.6.3. Direct, inspect, and supervise activities related to environmental health, school health, occupational health, drinking water hygiene, occupational disease management, and community nutrition in the province.
2.6.4. Serve as the standing body for HIV/AIDS prevention and control of the Provincial Steering Committee for HIV/AIDS Prevention and Control and Drug Abuse and Prostitution Prevention.
2.7. On diagnosis and treatment, rehabilitation:
2.7.1. Draft the Provincial People's Committee on the planning of the network of diagnosis and treatment facilities, rehabilitation centers, and appraisal bodies in the province for the Provincial People's Committee to submit to the Provincial People's Council for decision-making within their authority.
2.7.2. Specify the conditions and standards of expertise and technology for diagnosis and treatment, care, convalescence, rehabilitation, appraisal, orthopedic surgery, aesthetic surgery, reproductive health care, and family planning services based on the provisions and guidance of the Ministry of Health according to the delegation and technical tiering.
2.7.3. Issue, suspend, and revoke practice certificates for diagnosis and treatment; certify eligibility for private medical facilities to operate according to the delegation and the law.
2.8. On traditional East Asian medicine:
2.8.1. Draft the Provincial People's Committee on programs and plans for the development of traditional East Asian medicine in the province and be responsible for organizing implementation after approval.
2.8.2. Decide within authority on measures to inherit, promote, and integrate traditional East Asian medicine with modern medicine in disease prevention, diagnosis and treatment, rehabilitation, training of personnel, scientific research, and production of traditional East Asian medicine drugs in the locality.
2.8.3. Issue, suspend, and revoke practice certificates for private traditional East Asian medicine practitioners (practicing diagnosis and treatment with traditional East Asian medicine and practicing traditional East Asian medicine pharmacy); certify eligibility for private traditional East Asian medicine practitioners to operate in the province according to the delegation and the law.
2.8.4. Be responsible for directing, guiding, inspecting, auditing, and handling violations in the implementation of professional regulations and procedures on traditional East Asian medicine in the province.
2.9. On drugs and cosmetics:
2.9.1. Implement, inspect, audit, and handle violations in the implementation of regulations and professional procedures on drugs, vaccines, medical products, and cosmetics circulating in the province.
2.9.2. Issuing, suspending, revoking practice certificates; certifying private pharmaceutical, vaccine, and medical product businesses to meet the conditions for practice; issuing permits for the circulation and introduction of drugs and cosmetics within the province according to the分级和法律规定。
2.10. On food safety:
2.10.1. Submitting to the Provincial People's Committee the action program, deciding on measures to ensure food safety within the province, and organizing their implementation.
2.10.2. Directing, urging inspections, audits, and handling violations of food safety regulations at food production and business establishments within the province according to the law.
2.10.3. Confirming the announcement of food product standards; issuing certificates of compliance with food safety standards for production facilities located within the province according to the分级和法律规定。
2.11. On medical equipment and health facilities:
2.11.1. Submitting to the Provincial People's Committee investment plans and upgrades for medical equipment and health facilities funded from the state budget according to the professional and technical standards set by the Ministry of Health.
2.11.2. Directing the implementation, inspecting, auditing, and handling violations in the execution of regulations, procedures, and professional rules concerning medical equipment according to the law.
2.12. On healthcare personnel training:
2.12.1. Submitting to the Provincial People's Committee plans for training and developing human resources in healthcare and proposing policies and solutions to support the training and utilization of healthcare personnel in the locality.
2.12.2. Managing healthcare training institutions according to the division of labor by the Provincial People's Committee; responsible for directing and inspecting the implementation of training programs for healthcare personnel according to the law.
2.13. Submitting to the Provincial People's Committee policies to motivate and encourage healthcare officials, civil servants, and employees to enhance their professional skills and attract talent in the field of healthcare serving the protection, care, and improvement of public health in the locality, for the Provincial People's Committee to submit to the Provincial People's Council for decision according to the law.
2.14. Submitting to the Provincial People's Committee decisions on establishing, merging, dissolving, and ranking health service units within the province according to the分级和法律规定。
2.15. Leading and coordinating with the Department of Home Affairs and the Department of Finance to guide and inspect hospitals in implementing self-management mechanisms, taking responsibility for tasks, finances, organizational structures, and staffing according to the law.
2.16. Responsible for guiding, inspecting, auditing, and handling violations in the implementation of professional regulations and procedures for health service units under the management of the Department according to the law.
2.17. Assisting the Provincial People's Committee in managing non-governmental organizations in the field of protecting, caring for, and improving public health in the locality according to the law.
2.18. Researching and applying scientific and technological advancements; building information systems and archives on areas managed by the Department.
2.19. Implementing international cooperation in the field of protecting, caring for, and improving public health according to the law and directives from the Provincial People's Committee.
2.20. Submitting to the Provincial People's Committee programs and plans for administrative reform and socialization of activities to protect, care for, and improve public health; responsible for implementing them after approval.
2.21. Establishing the functions, duties, and powers of the County Health Departments to submit to the Provincial People's Committee for issuance according to its authority; responsible for directing and inspecting professional matters concerning County Health Departments.
2.22. Conducting audits, resolving complaints, accusations, anti-corruption, and handling violations of laws in preventive medicine, diagnosis and treatment, rehabilitation, traditional Chinese medicine, drug prevention and treatment for people, cosmetics affecting human health, food safety, and medical equipment according to the law.
2.23. Compiling, statistically analyzing, and reporting regularly and urgently on the implementation of assigned tasks to the Provincial People's Committee and the Ministry of Health according to regulations.
2.24. Managing organizational structure, staffing, salary systems, and incentive, reward, and disciplinary policies for officials, civil servants, and employees under the Department according to the law.
2.25. Managing financial resources and assets allocated and implementing budgets distributed according to the分级和法律规定。
2.26. Carrying out other tasks assigned by the Provincial People's Committee.
3. Organization and Staffing
3.1. Leadership of the Department:
3.1.1. The Department of Health has a Director and 2 to 3 Deputy Directors; for Hanoi and Ho Chi Minh City, not more than 4 Deputy Directors.
3.1.2. The Director of the Department is responsible to the Provincial People's Committee and the law for all activities of the Department; reports work to the Provincial People's Committee, the Ministry of Health, and the Provincial People's Council when required.
3.1.3. Deputy Directors are responsible to the Director and the law for the areas of work they are assigned.
3.1.4. The Chairman of the Provincial People's Committee decides on the appointment and removal of the Director and Deputy Directors based on professional and vocational criteria set by the Minister of Health and according to the law on cadre and civil servant affairs.
3.1.5. Rewards and punishments for the Director and Deputy Directors of the Department are carried out according to the law.
3.2. Structure of the Department, including:
3.2.1. Office.
3.2.2. Inspection.
3.2.3. Specialized and Professional Divisions:
The establishment of specialized and professional divisions is based on the principle of comprehensively covering all areas under the Department's national management; the functions and responsibilities of each division must be clear and not overlap with those of other divisions and organizations within the Department; suitable for local characteristics and actual workload, ensuring simplicity in administrative procedures and convenience in handling requests from organizations and citizens.
The number of specialized and professional divisions of the Department shall not exceed 8 divisions for Hanoi and Ho Chi Minh City; not more than 6 divisions for other provinces and cities. The number and names of specialized and professional divisions of the Department are determined by the Director of the Department of Health in coordination with the Director of the Department of Home Affairs, submitted to the Chairman of the Provincial People's Committee for decision.
The Director of the Department of Health shall stipulate the tasks and authorities of the Office, specialized and professional Departments under the Department, and define the responsibilities of the heads of units under the Department in accordance with the provisions of the law.
3.2.4. Public Service Units:
- Regarding medical examination and treatment, including: Provincial General Hospitals; specialized hospitals; regional general hospitals and district general hospitals (including regional outpatient clinics) established according to the planning of the medical examination and treatment network.
- Regarding preventive healthcare, including Centers for: Preventive Healthcare; HIV/AIDS Prevention and Control; Reproductive Health Care; Endocrinology; Sexually Transmitted Diseases Prevention and Control (including tuberculosis, leprosy-skin diseases, mental health, and eye diseases) in provinces without corresponding specialized hospitals; Malaria Prevention and Control in provinces classified as having malaria hotspots; International Health Quarantine in provinces with international border gates; Occupational Health and Environment in provinces with many industrial zones; District Preventive Healthcare Centers performing professional technical work..
- Regarding communication: Health Education Communication Center.
- Regarding testing and inspection: Drug, Cosmetic, and Food Testing Center.
- Regarding appraisal, including Centers for: Forensic Medical Appraisal; Forensic Mental Health Appraisal; Medical Appraisal organized in accordance with the provisions of the law.
- Regarding educational public service: Secondary or College of Health organized in accordance with the provisions of the law and assigned by the provincial People's Committee.
Based on the specific characteristics of the locality, the Director of the Department of Health shall coordinate with the Director of the Department of Civil Service Management to submit to the Chairman of the provincial People's Committee for decision on the establishment of subordinate public health service units according to the approved planning.
The Director of the Department of Health shall specify in detail the functions, tasks, organizational structure, and relationships among public health service units in accordance with the guidelines of the Ministry of Health.
3.3. Staffing
3.3.1. The staffing of the Office, Inspection Department, and specialized and professional Departments is administrative staffing decided by the provincial People's Committee in accordance with the provisions of the law.
3.3.2. The staffing of public health service units is public service staffing; the management and utilization of public health service staffing shall be carried out in accordance with the provisions of the law.
3.3.3. The Director of the Department of Health shall allocate and utilize cadres, civil servants, and employees of the Department in accordance with their positions and standards for civil servant and employee ranks as prescribed by the law on cadres and civil servants.
II. HEALTH DEPARTMENT
1. Functions
The Health Department is a specialized agency under the People's Committee of districts, towns, cities directly under provinces (hereinafter referred to collectively as the district-level People's Committee), implementing state management functions regarding the protection, care, and improvement of people's health in the district, including: preventive healthcare, medical examination and treatment, rehabilitation, traditional medicine, drugs for disease prevention and treatment, cosmetics affecting human health, food safety, medical equipment; carrying out certain tasks and authorities according to the delegation of the provincial People's Committee and the authorization of the Department of Health.
The Health Department is subject to the direction and management of organization, staffing, and personnel work by the district-level People's Committee, while also being subject to professional and technical direction and supervision by the Department of Health.
2. Tasks and Authorities
The Health Department implements state management tasks and authorities regarding health in the district according to the guidance of the provincial People's Committee; advises the Chairman of the district-level People's Committee on directing and organizing the implementation of disease prevention and environmental sanitation work; manages commune health stations and performs other tasks and authorities as authorized by the Department of Health.
3. Staffing
Based on the characteristics and development situation of the health care and protection industry in the locality, the Chairman of the district-level People's Committee decides on staffing to meet the state management tasks regarding the care and protection of people's health within the total administrative staffing allocated by the provincial People's Committee to the district.
III. IMPLEMENTATION
1. This Circular takes effect 15 days from the date of publication in the Official Gazette and abolishes the following Joint Circulars: No. 02/1998/TTLT-BYT-BTCCBCP dated June 27, 1998, issued by the Ministry of Health and the former Civil Service Management Bureau of the Government (now the Ministry of Home Affairs) guiding the implementation of Decree No. 01/1998/NĐ-CP dated January 3, 1998, of the Government on the organizational system of local health; No. 12/1999/TTLT-BYT-BTCCBCP dated May 22, 1999, issued by the Ministry of Health and the former Civil Service Management Bureau of the Government supplementing and amending certain points in Joint Circular No. 02/1998/TTLT-BYT-BTCCBCP; No. 20/2001/TTLT-BTCCBCP-Bộ Y tế dated April 27, 2001, issued by the Ministry of Health and the former Civil Service Management Bureau of the Government guiding the implementation of transferring state management tasks in health from district health centers to the district-level People's Committees.
2. The Chairmen of the People's Committees of provinces and centrally-administered cities are responsible for organizing and implementing this Circular. During the implementation of this Joint Circular, if there are any issues arising or difficulties encountered, the provinces should promptly report to the Joint Circular of the Ministry of Health and the Ministry of Home Affairs for research and resolution./.
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