THIS CIRCULAR GUIDES THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF PROVINCE HEALTH DEPARTMENTS AND DISTRICT HEALTH BOARDS TO MANAGE STATE AFFAIRS IN HEALTH AT PROVINCE AND DISTRICT LEVELS.
적용 범위
THE PROVINCE HEALTH DEPARTMENT BELONGS TO THE PROVINCE PEOPLE'S COMMITTEE AND THE DISTRICT HEALTH BOARD BELONGS TO THE DISTRICT PEOPLE'S COMMITTEE.
핵심 사항
- THE PROVINCE HEALTH DEPARTMENT HAS A DIRECTOR, FROM 2 TO 4 DEPUTY DIRECTORS; IT IS UNDER THE DIRECTION OF THE PROVINCE PEOPLE'S COMMITTEE AND THE MINISTRY OF HEALTH.
- THE PROVINCE HEALTH DEPARTMENT MANAGES THE NETWORK OF MEDICAL CARE SERVICES, PREVENTIVE HEALTH, TRADITIONAL MEDICINE, DRUGS AND COSMETICS, FOOD SAFETY, AND MEDICAL EQUIPMENT.
- THE DISTRICT HEALTH BOARD HAS THE FUNCTION OF ADVISING THE CHAIRMAN OF THE DISTRICT PEOPLE'S COMMITTEE ON PUBLIC HEALTH WORK TO PROTECT AND PROMOTE THE HEALTH OF CITIZENS IN THE DISTRICT.
- BOTH THE PROVINCE HEALTH DEPARTMENT AND THE DISTRICT HEALTH BOARD ARE SUBJECT TO THE DIRECTION OF THE MINISTRY OF HEALTH IN SPECIALIZED MATTERS.
- THE STAFF OF THE OFFICE, INSPECTION, AND SPECIALIZED DEPARTMENTS ARE ADMINISTRATIVE STAFF; THE STAFF OF HEALTH SERVICE UNITS ARE SERVICE STAFF.
🌐 이 문서의 사회적 영향
- ESTABLISH LEGAL BASIS FOR MANAGING STATE AFFAIRS IN HEALTH AT LOCAL LEVELS.
- IMPROVE THE QUALITY OF HEALTH SERVICES AND PROTECT COMMUNITY HEALTH.
- REDUCE THE BURDEN OF ORGANIZATIONAL STRUCTURE AND STAFFING IN THE HEALTH SECTOR.
❓ 자주 묻는 질문
HOW MANY DEPUTY DIRECTORS DOES THE PROVINCE HEALTH DEPARTMENT HAVE?
THE PROVINCE HEALTH DEPARTMENT HAS BETWEEN 2 AND 3 DEPUTY DIRECTORS; FOR HA NOI CITY AND HO CHI MINH CITY, NO MORE THAN 4 DEPUTY DIRECTORS.
WHAT ARE THE FUNCTIONS OF THE DISTRICT HEALTH BOARD?
THE DISTRICT HEALTH BOARD ADVISES THE CHAIRMAN OF THE DISTRICT PEOPLE'S COMMITTEE ON PUBLIC HEALTH WORK TO PROTECT AND PROMOTE THE HEALTH OF CITIZENS IN THE DISTRICT AND MANAGES RURAL HEALTH STATIONS.
WHAT ARE THE POWERS OF THE PROVINCE HEALTH DEPARTMENT?
THE PROVINCE HEALTH DEPARTMENT SUBMITS TO THE PROVINCE PEOPLE'S COMMITTEE PLANS FOR THE NETWORK OF MEDICAL CARE SERVICES AND PREVENTIVE HEALTH; MANAGES HEALTH SERVICE UNITS AND PERFORMS OTHER TASKS AS ASSIGNED.
WHAT IS THE STAFF OF THE OFFICE, INSPECTION, AND SPECIALIZED DEPARTMENTS?
THE STAFF OF THE OFFICE, INSPECTION, AND SPECIALIZED DEPARTMENTS ARE ADMINISTRATIVE STAFF DECIDED BY THE PROVINCE PEOPLE'S COMMITTEE.
HOW MANY DEPUTY DIRECTORS DOES THE DISTRICT HEALTH BOARD HAVE?
THE DISTRICT HEALTH BOARD DOES NOT SPECIFICALLY DEFINE THE NUMBER OF DEPUTY DIRECTORS; IT ONLY STATES THE FUNCTIONS AND TASKS OF THE BOARD.
전문
JOINT CIRCULAR
Guidelines on functions, tasks, powers, and organizational structure of specialized agencies assisting the People's Committee to manage state affairs in the field of health at local levels.
Guidelines on functions, tasks, powers, and organizational structure of specialized agencies assisting the People's Committee to manage state affairs in the field of health at local levels.
Guidelines on functions, tasks, powers, and organizational structure of specialized agencies assisting the People's Committee to manage state affairs in the field of health at local levels.
Pursuant to Resolution No. 46-NQ/TW dated February 23, 2005 of the Politburo on health care work for the people in new circumstances;
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 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 district, city district, town, and provincial city People's Committees;
The Ministry of Health and the Ministry of Home Affairs jointly issue guidelines on functions, tasks, powers, and organizational structure of specialized agencies assisting the People's Committee in managing state affairs in the field of health at local levels 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 of the population, including preventive medicine, medical examination and treatment, rehabilitation, traditional medicine, medicines for human disease prevention and treatment, cosmetics affecting human health, food safety, medical equipment; public services under the health sector; performing certain tasks and powers delegated by 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 over its organization, staffing, and activities, while also being subject to the direction, guidance, inspection, and audit by the Ministry of Health in terms of professional and technical matters.
2. Tasks and Powers.
2.1. Submit to the provincial People's Committee for issuance of decisions and directives on health care and improvement of the people's health in new circumstances within the scope of local management and decentralization by the Ministry of Health.
2.2. Submit to the provincial People's Committee for approval of long-term plans, five-year plans, annual plans, programs, and projects under the Department's jurisdiction that are consistent with the overall socio-economic development plan of the locality and the industry development plan of the Ministry of Health.
2.3. Submit to the provincial People's Committee for allocation, decentralization, or delegation of management responsibilities for health care and improvement of the people's health to district-level People's Committees (hereinafter referred to as district level) and health-related public institutions according to the provisions of the law.
2.4. Submit to the provincial People's Committee for planning the network of medical examination and treatment facilities and preventive health care facilities for the Chairman of the provincial People's Committee to submit to the Provincial People's Council for decision-making in accordance 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 approved; public health communication, legal education, and information dissemination on health care and improvement of the people's health.
2.6. On preventive health care:
2.6.1. Submit to the provincial People's Committee for regulations and solutions to mobilize, manage, and utilize resources to implement preventive health care and disease control 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 mobilizing resources to extinguish epidemics exceeds authority, submit to the Chairman of the provincial People's Committee for decision; take the lead and coordinate with other departments to organize the implementation of measures to prevent, combat, and mitigate the consequences of epidemics, accidents, injuries, and disasters affecting the health of the people 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 nutrition in the province.
2.6.4. Serve as the standing body for HIV/AIDS prevention and control in the provincial steering committee for AIDS prevention and control and drug abuse and prostitution prevention.
2.7. On medical examination and treatment, rehabilitation:
2.7.1. Submit to the provincial People's Committee for planning the network of medical examination and treatment, rehabilitation, and forensic medical facilities in the province for the People's Committee to submit to the People's Council for decision-making within their authority.
2.7.2. Specify professional and technical conditions and standards for medical examination and treatment, care, convalescence, rehabilitation, forensic medical examination, cosmetic surgery, reproductive health care, and family planning services based on the Ministry of Health's guidelines according to the division of labor and technical levels.
2.7.3. Issue, suspend, and revoke practice certificates for private medical examination and treatment facilities that meet the conditions for practice according to the division of labor and the provisions of the law.
2.8. On traditional medicine:
2.8.1. Submit to the provincial People's Committee for programs and plans to develop traditional medicine in the province and be responsible for implementing them after approval.
2.8.3. Issue, suspend, and revoke practice certificates for private traditional medicine practitioners (practicing traditional medicine diagnosis and treatment and traditional medicine pharmacy); certify private traditional medicine practitioners meeting the conditions for practice in the province according to the division of labor and the provisions of the law.
2.8.4. Be responsible for directing, guiding, inspecting, auditing, and handling violations in the implementation of professional procedures on traditional medicine in the province.
2.9. On medicines and cosmetics:
2.9.1. Implement, inspect, audit, and handle violations in the implementation of regulations and professional procedures on medicines, vaccines, medical products, and cosmetics circulating in the province.
2.9.2. Issue, suspend, and revoke practice certificates for private pharmacies, vaccine, and medical product practitioners; permits for the circulation and introduction of medicines and cosmetics in the province according to the division of labor and the provisions of the law.
2.10. On food safety:
2.10.1. Submit to the Provincial People's Committee the action program to decide on measures to ensure food safety within the province and organize its implementation.
2.10.2. Guide, urge, inspect, audit, and handle violations of food safety regulations for food production and business establishments within the province as prescribed by law.
2.10.3. Confirm the announcement of food product standards: issue certificates of compliance with food safety conditions for establishments and enterprises with food production facilities located within the province according to the分级授权和法律规定。
2.11. Regarding medical equipment and health facilities:
2.11.1. Submit 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. Guide implementation, inspect, audit, and handle violations in the execution of regulations, procedures, and professional rules and medical equipment according to the provisions of the law.
2.12. Regarding healthcare staff training:
2.12.1. Submit to the Provincial People's Committee training and development plans for healthcare human resources and propose policies and solutions to support the training and utilization of healthcare personnel in the locality.
2.12.2. Manage healthcare training institutions according to the division of responsibilities by the Provincial People's Committee; be responsible for guiding and inspecting the implementation of training programs for healthcare staff as prescribed by law.
2.13. Submit to the Provincial People's Committee policies to motivate and encourage healthcare officials, civil servants, and employees to study and improve their professional skills, and policies to attract talent in the healthcare sector to serve the protection, care, and enhancement of public health in the locality for the Provincial People's Committee to submit to the Provincial People's Council for decision in accordance with the law.
2.14. Submit to the Provincial People's Committee decisions on establishing, merging, dissolving, and ranking healthcare public institutions within the province according to the分级授权和法律规定。
2.15. Take the lead in 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 as prescribed by law.
2.16. Be responsible for guiding, inspecting, auditing, and handling violations in the implementation of professional regulations and procedures for healthcare public institutions under the management of the Department.
2.17. Assist the Provincial People's Committee in managing non-governmental organizations and associations in the field of protecting, caring for, and enhancing public health in the locality as prescribed by law.
2.18. Research and apply scientific and technological advancements; establish information systems and archive materials related to the fields managed by the Department.
2.19. Implement international cooperation in the field of protecting, caring for, and enhancing public health in accordance with the law and directives from the Provincial People's Committee.
2.20. Submit to the Provincial People's Committee programs and plans for administrative reform and socialization of activities to protect, care for, and enhance public health; be responsible for organizing implementation after approval.
2.21. Develop the functions, duties, and powers of the District Health Departments to submit to the Provincial People's Committee for issuance within its authority and be responsible for guiding and inspecting their professional work.
2.22. Conduct inspections, resolve complaints, investigate accusations, combat corruption and malpractice, and handle violations of laws in the fields of preventive medicine, diagnosis and treatment, rehabilitation, traditional Chinese medicine, drugs for human use, cosmetics affecting human health, food safety, and medical equipment as prescribed by law.
2.23. Aggregate, statistically analyze, and report periodically and urgently on the implementation of assigned tasks according to the regulations of the Provincial People's Committee and the Ministry of Health.
2.24. Manage the organizational structure, staffing, implement salary systems, and reward and disciplinary policies for cadres, civil servants, and employees under the Department as prescribed by law.
2.25. Manage financial resources and assets allocated and implement the budget distributed according to the分级授权和法律规定。
2.26. Perform 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 before 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 before 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 criteria set by the Minister of Health and in accordance with the law on cadre and civil servant affairs.
3.1.5. Rewards and punishments for the Director and Deputy Directors of the Department shall be carried out in accordance with the law.
3.2. The organization of the Department includes:
3.2.1. Office.
3.2.2. Inspection.
3.2.3. Specialized and professional departments:
The establishment of specialized and professional departments is based on the principle of comprehensively covering all areas under the State's management of the Department; the functions and duties of each department must be clear and not overlap with those of other departments within the Department; it should be suitable for the characteristics and workload of the locality, ensuring simplicity in administrative procedures and convenience in handling organizational and citizen requests.
The number of specialized and professional departments of the Department shall not exceed 8 departments for Hanoi and Ho Chi Minh City; not more than 6 departments for other provinces and cities. The number and names of specialized and professional departments of the Department shall be 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 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 multi-purpose clinics) established according to the planning network for medical examination and treatment.
- Regarding preventive health care, including centers for: Preventive Health Care; HIV/AIDS prevention and control; reproductive health care; Endocrinology; prevention and control of social diseases (including tuberculosis, leprosy - dermatology, mental illness, 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 Health Care Centers performing professional technical work.
- Regarding communication: Health Education Communication Center.
- Regarding testing and certification: Drug, cosmetic, and food testing center.
- Regarding appraisal, including centers for: Forensic Medicine Appraisal; Forensic Psychiatry Appraisal; medical appraisal organized in accordance with the provisions of the law.
- Regarding training services: 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 Personnel and Administration to submit to the Chairman of the provincial People's Committee for decision on the establishment of public health service units under the Department according to the approved planning.
The Director of the Department of Health shall specify the functions, tasks, organizational structure, and relationships of 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, 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.
The Director of the Department of Health shall arrange and utilize cadres, civil servants, and employees of the Department in accordance with their positions and standards for civil servant and state 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 the district, town, city directly under the province (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 health care, 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 delegated by the provincial People's Committee and authorized by 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 guidance by the Department of Health.
2. Tasks and Powers.
The Health Department implements state management tasks and authorities regarding health in the district according to the guidelines of the provincial People's Committee; advises the Chairman of the district-level People's Committee on directing and organizing the implementation of hygiene and disease prevention work, environmental sanitation; manages commune health stations, urban ward health stations, and town 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 of people's health in the locality, the Chairman of the district-level People's Committee decides on staffing to meet the state management tasks of caring for and protecting 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 Joint Circulars No. 02/1998/TTLT-BYT-BTCCBCP dated June 27, 1998, issued by the Ministry of Health and the former Civil Service Personnel Department 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 system of local health organizations; No. 12/1999/TTLT-BYT-BTCCBCP dated May 22, 1999, issued by the Ministry of Health and the former Civil Service Personnel Department of the Government supplementing and amending certain points in Joint Circular No. 02/1998/TTLT-BYT-BTCCBCP; and No. 20/2001/TTLT-BYT-BTCCBCP dated April 27, 2001, issued by the Ministry of Health and the former Civil Service Personnel Department 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 centrally governed cities and provinces 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 need to promptly reflect them to the Joint Circulars of the Ministry of Health and the Ministry of Home Affairs for research and resolution.
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