Decree No. 111/2017/NĐ-CP stipulates on the organization of practical training in health education.

DECREE

Regulations on the organization of practical training in health education

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Higher Education dated June 18, 2012;

Pursuant to Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Education; Decree No. 31/2011/NĐ-CP dated May 11, 2011 of the Government amending and supplementing certain provisions of Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Education; Decree No. 07/2013/NĐ-CP dated January 9, 2013 of the Government amending point b Clause 1 Article 1 of Decree No. 31/2011/NĐ-CP dated May 11, 2011 of the Government amending and supplementing certain provisions of Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Education;

Based on Decree No. 15/2019/NĐ-CP dated February 1, 2019 of the Government detailing certain provisions and implementation measures of the Vocational Education Law;

At the proposal of the Minister of Health;

The Government promulgates this Decree to regulate the organization of practical training in health education.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree stipulates the program, plan, and training contract for practical training; requirements in organizing practical training; rights and responsibilities of organizations and individuals related to the organization of practical training in the health sector.

2. This Decree applies to higher education institutions, vocational education institutions that offer health education programs (hereinafter referred to as educational institutions) and their practical training facilities in health education; and relevant organizations and individuals.

Article 2. Interpretation of Terms

2. Self-generated and self-consumed electricity is electricity produced and consumed by an organization or individual to serve their own needs.

1. Practical training facilities of educational institutions in health education (hereinafter referred to as practical training facilities) include medical examination and treatment facilities, preventive healthcare facilities, and other healthcare facilities meeting the requirements for organizing practical training as prescribed in this Decree.

2. Practical trainees include students, postgraduate students, specialized trainees, master's degree students, and research fellows currently undergoing training in the health sector.

3. Practical instructors include personnel from practical training facilities and educational institutions who meet the requirements set forth in this Decree and are assigned to teach and guide practical training for practical trainees at practical training facilities.

Article 3. Principles in organizing practical training in the health sector

1. Ensuring safety, respecting, and maintaining confidentiality of information for healthcare service users at practical training facilities.

2. Centering on practical trainees, providing them with training to achieve the qualities and competencies determined in the practical training program according to occupational competency standards.

3. Closely coordinating between educational institutions and practical training facilities in developing programs, plans, contracts, organizing practical training, evaluating, and assessing practical training outcomes.

4. Ensuring consistency and parity in rights and responsibilities between educational institutions and practical training facilities in organizing practical training.

Chapter II

PROGRAM, PLAN AND TRAINING CONTRACT FOR PRACTICAL TRAINING

Article 4. Practical Training Program

1. The practical training program is the practical component within the overall training program of a specific level of education for a particular field or specialty issued by educational institutions; it is reflected in the objectives, content, overall training schedule, teaching methods, assessment forms, evaluation of competencies, assessment of results, and exit competency standards for each course, subject, or module (for modular programs) and the entire practical training program.

2. Educational institutions lead and coordinate with practical training facilities to develop the practical training program as stipulated in Clause 1 of this Article when formulating the overall training program.

Article 5. Practical Training Plan

1. The annual practical training plan is detailed based on the practical training program prescribed in Article 4 of this Decree, specifying the specific tasks of individuals and units under educational institutions and practical training facilities to implement the practical training program.

2. Educational institutions lead and coordinate with practical training facilities to develop, unify, and issue the practical training plan.

Article 6. Practical Training Contracts

1. Practical training contracts consist of general agreements and detailed agreements, signed according to the agreement between educational institutions and practical training facilities that meet the requirements for practical training stipulated in Chapter III of this Decree. In cases where the practical training facility is subordinate to the educational institution or vice versa, it is not mandatory to sign a practical training contract.

2. Educational institutions and practical training facilities shall base their agreement and signing of the general practical training contract for each training course on the program and plan for practical training as specified in Articles 4 and 5 of this Decree, at least six months before the start of the training course.

In cases where an educational institution opens a new major in the health sector, the general practical training contract must be signed prior to the procedures for opening the major.

The general practical training contract shall be implemented according to Model No. 01 attached to this Decree.

3. Detailed practical training contracts shall be signed annually, based on the program and plan for practical training as specified in Articles 4 and 5 of this Decree, specifically for each level, major, and specialty of training. Detailed practical training contracts shall be signed after the educational institution and the practical training facility have unified the implementation plan for practical training as prescribed in Article 5 of this Decree.

Article 7. Implementation of Practical Training Programs and Plans

1. The practical training facility shall take the lead and coordinate with the educational institution to perform the following tasks:

a) Unify the list of students undergoing practical training and instructors conducting practical training;

b) Accept students undergoing practical training, instructors conducting practical training, and supervisors managing the practical training activities sent by the educational institution;

c) Coordinate with the educational institution to assign instructors conducting practical training to participate in guiding practical training according to the approved practical training plan;

d) Issue and implement regulations on the use of equipment and facilities of the practical training facility in practical training;

đ) Specify the implementation of integrating patient safety content, medical ethics education, and conduct rules for students undergoing practical training during the practical training process at the practical training facility;

e) Regularly evaluate students undergoing practical training and assess results upon completion according to the practical training program.

2. The practical training facility, which is a healthcare facility, shall take the lead and coordinate with the educational institution to implement the following contents:

a) Contents as stipulated in Clause 1 of this Article;

b) Assign functional units and personnel from the healthcare facility to monitor and manage practical training activities;

c) Announce in writing and regularly update on the electronic information page of the facility (if available) the list of instructors conducting practical training, the number, type, major, specialty, level of practical training, maximum number of students undergoing practical training that can be accepted, and the current number of students undergoing practical training at the facility.

3. The coordination of instructors conducting practical training and students undergoing practical training must comply with the program, plan, and practical training contract already agreed upon and signed between the practical training facility and the educational institution. The practical training facility and the educational institution shall independently negotiate and unify the coordinating entity for instructors conducting practical training and students undergoing practical training based on actual conditions and capabilities of each party, and such provisions must be clearly stated in the detailed practical training contract.

4. Instructors conducting practical training shall perform the following tasks:

a) Teach and guide practical training according to the assigned program and plan for practical training;

b) Instructors conducting practical training from the practical training facility and the educational institution shall jointly manage, supervise, evaluate, and assess the results of practical training of students according to the program and plan for practical training.

Chapter III

REQUIREMENTS IN THE ORGANIZATION OF PRACTICAL TRAINING

Article 8. Requirements for practical teaching instructors

1. General requirements for practical teaching instructors:

a) Possess a degree, qualification, and at least 12 consecutive months of professional experience up to the time of practical teaching, commensurate with the level and field/specialty of practical teaching; the qualification of the practical teaching instructor must not be lower than the training level of the practical trainees;

b) Hold a professional practice certificate and a scope of professional practice consistent with the training program and target audience for practical training, as required by law.

2. Requirements for practical teaching instructors in fields and specialties related to medical diagnosis and treatment:

a) The requirements stipulated in Clause 1 of this Article;

b) Have accumulated at least 36 consecutive months of professional practice in medical diagnosis and treatment after obtaining a professional practice certificate in the field/specialty of practical teaching for postgraduate training, 24 months for undergraduate training, and 12 months for college and intermediate-level training;

c) At the same time, a practical teaching instructor may instruct no more than five practical trainees for postgraduate training, no more than ten practical trainees for undergraduate training, and no more than fifteen practical trainees for college and intermediate-level training;

d) Have been trained in clinical teaching methods according to the regulations of the Minister of Health, except where the practical teaching instructor already holds a teaching method certificate that includes content on clinical teaching methods in the training program.

Article 9. Requirements for practical training facilities

1. General requirements for practical training facilities:

a) Have a scope of professional activities consistent with the practical training program;

b) Have sufficient physical infrastructure and equipment to meet the requirements of the practical training program;

c) Have practical teaching instructors who meet the requirements stipulated in Clause 1 of Article 8 of this Decree and have at least 12 consecutive months of professional activity in the field/specialty of practical guidance.

2. Requirements for practical training facilities that are medical examination and treatment facilities:

a) Meet all the requirements specified in points a and b of Clause 1 of this Article;

b) Have classrooms, meeting rooms, and duty rooms for practical trainees and practical teaching instructors;

c) Have practical teaching instructors who meet the requirements stipulated in Clause 2 of Article 8 of this Decree;

d) At the same time, each department or room shall have no more than three practical trainees per bed or dental chair;

e) The total teaching time of all practical teaching instructors at the practical training facility must be at least 20% and at most 80% of the total duration of the practical training program, except as provided in point e of this clause;

f) Practical training facilities under the provisions of Clause 2 of Article 10 of this Decree must ensure that the total teaching time of all practical teaching instructors at the practical training facility is at least 50% and at most 80% of the total duration of the practical training program conducted at the practical training facility and can only serve as a practical training facility for no more than two higher education institutions offering undergraduate and postgraduate programs and one institution offering intermediate and college-level programs.

Article 10. Requirements for educational institutions

1. Must have training programs, plans, and practical training contracts in accordance with Articles 4, 5, and 6 of this Decree.

2. Educational institutions that offer majors or specializations in medical examination and treatment must sign a contract or have at least one practical training facility which is a medical examination and treatment institution that implements at least 50% of the practical program's duration and meets the following requirements:

a) For postgraduate training, undergraduate training in general medicine, traditional medicine, stomatology, it must be a first-class hospital or a hospital permitted to perform techniques listed in the technical catalog from level I upwards; for undergraduate training in other health-related fields, it must be a second-class hospital or a hospital permitted to perform techniques listed in the technical catalog from level II upwards; for college and vocational training in health-related fields, it must be a third-class hospital or a hospital permitted to perform techniques listed in the technical catalog from level III upwards.

b) At least 20% of the instructors teaching the practical program must be full-time employees of the educational institution who are registered to practice at the practical training facility and are assigned to work in medical examination and treatment activities in accordance with the laws on medical examination and treatment, commensurate with their capabilities, experience, and scope of professional activities as stated in their practice certificates.

Article 11. Announcement of Medical Examination and Treatment Facilities Meeting the Requirements for Practical Training in Health-Related Fields

1. Medical examination and treatment facilities shall announce their own compliance with the requirements for practical training in health-related fields and bear responsibility for such announcements according to the procedures stipulated in Clauses 2 and 3 of this Article.

2. Medical examination and treatment facilities shall send the announcement document meeting the requirements for practical training to the competent state agency as follows:

a) Medical examination and treatment facilities under the Ministry of Health or under central ministries and sectors shall send the notification document to the Ministry of Health, except for healthcare facilities under the Ministry of National Defense and the Ministry of Public Security;

b) Medical examination and treatment facilities under the Ministry of National Defense and the Ministry of Public Security shall send the notification document to their respective supervising ministry for consolidation and submission to the Ministry of Health;

c) Medical examination and treatment facilities under provincial health departments and private medical examination and treatment facilities within centrally-administered cities shall send the notification document to the provincial health department.

3. Within fifteen working days from the date of receipt of the self-announcement document of the medical examination and treatment facility meeting the requirements for practical training, as evidenced by postal or official letter stamps, the competent state agency specified in Clause 2 of this Article shall update the list of practical training facilities meeting the requirements on its electronic portal/information website; if the requirements are not met, the competent state agency must issue a document disagreeing with the self-announcement and send it to the medical examination and treatment facility along with the specific reasons.

4. The announcement document of the medical examination and treatment facility meeting the requirements for practical training in health-related fields shall be carried out according to Model No. 02 attached to this Decree.

5. The practical training facility may only enter into a practical training contract fifteen working days after the competent state agency specified in Clause 2 of this Article receives the self-announcement document of the medical examination and treatment facility meeting the requirements for practical training and the competent state agency does not issue a document disagreeing with the self-announcement.

Article 12. Training Practice Costs

1. The costs of training practice at the training practice facility are structured within the service training fee (tuition) for health-related fields, in accordance with the adjustment schedule for training service fees as stipulated by laws on the autonomous mechanism of public service units.

2. The level of training practice costs is determined based on the corresponding proportion of practical time in the training program.

3. The educational institution and the training practice facility shall agree and unify the level of training practice costs and specify them concretely in the training practice contract. In cases where the educational institution and the training practice facility do not sign a practice contract as prescribed in Clause 1, Article 6 of this Decree, the level of training practice costs must be clearly stated in the training practice plan.

Chapter IV

RIGHTS AND RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS INVOLVED IN TRAINING PRACTICE

 WITHIN THE TRAINING PRACTICE ORGANIZATION

Article 13. Rights and responsibilities of the training practice facility

1. The training practice facility has the following rights:

a) Priority to participate in investment programs and projects in the healthcare sector and healthcare workforce training;

b) To use the facilities and equipment of the educational institution (if any) located at the training practice facility in professional activities;

c) To be considered when evaluating the quality and ranking of healthcare facilities according to the regulations of the Minister of Health;

d) To be recognized as a part responsible for training tasks of the educational institution after signing a detailed training practice contract with the educational institution.

2. The training practice facility has the following responsibilities:

a) Ensuring the requirements of the training practice facility as prescribed in this Decree;

b) Cooperating with the educational institution to ensure the quality of training practice according to the training practice program;

c) Confirming the results of the trainees' practice.

Article 14. Rights and responsibilities of the training practice facility that is a medical examination and treatment facility

1. The training practice facility that is a medical examination and treatment facility has the following rights:

a) The rights as prescribed in point a and point b, Clause 1, Article 13 of this Decree;

b) The following rights when evaluating the quality and ranking of medical examination and treatment facilities:

The instructors from the educational institution who guide practice and are arranged to work in medical examination and treatment activities at the training practice facility are counted as the workforce of the training practice facility;

 The research achievements of the instructors from the educational institution conducted at the training practice facility are counted towards the research achievements of the training practice facility;

A higher score is given when considering the evaluation of quality and ranking according to the regulations of the Minister of Health for medical examination and treatment facilities that are training practice facilities as specified in Clause 2, Article 10 of this Decree.

c) Determining remuneration and other benefits (if any) for the instructors from the educational institution and the trainees directly participating in professional activities according to the internal expenditure regulations of the training practice facility.

2. The training practice facility that is a medical examination and treatment facility has the following responsibilities:

a) The responsibilities as prescribed in Clause 2, Article 13 of this Decree;

b) Confirming the teaching practice process at the training practice facility for awarding titles such as People's Doctor, Outstanding Doctor, and other forms of commendation and reward for instructors from the educational institution participating in teaching practice and medical examination and treatment activities at the training practice facility according to the laws on commendation and reward.

Article 15. Rights and responsibilities of educational institutions

1. Educational institutions have the following rights:

a) To decide on payment for teaching remuneration and other benefits (if any) for practical instructors from training facilities participating in activities to build training programs, compile training materials, and conduct scientific research at educational institutions as prescribed;

b) To declare practical instructors from training facilities as permanent lecturers in the following cases:

Public educational institutions may declare practical instructors from public training facilities as permanent lecturers if they have been appointed concurrently to leadership or management positions at or above the department level at educational institutions, as stipulated in Clause 2, Article 10 of this Decree;

Non-public educational institutions may declare practical instructors from non-public training facilities as permanent lecturers if they have been appointed concurrently to leadership or management positions at or above the department level at educational institutions, as stipulated in Clause 2, Article 10 of this Decree;

A person can only concurrently hold and be declared as a permanent lecturer at one educational institution; this provision does not apply to training facilities of armed forces.

2. Educational institutions have the following responsibilities:

a) To confirm the process of practical teaching when considering the appointment of professor and associate professor titles, awarding national teacher and outstanding teacher titles, and other forms of commendation and reward for practical instructors from training facilities according to laws on education and laws on commendation and reward;

b) To invite representatives of practical instructors from training facilities to participate in activities to build training programs, compile textbooks and training materials, conduct scientific research at educational institutions in accordance with their capabilities and professional qualifications;

c) To create conditions for practical instructors to participate in clinical teaching method training suitable for practical training programs for practical instructors;

d) To confirm and handle procedures to recognize practical instructors from training facilities as permanent lecturers (or teachers) or guest lecturers of educational institutions when meeting the conditions prescribed by laws on education.

Article 16. Rights and responsibilities of practical instructors

1. Practical instructors from training facilities have the following rights:

a) To be invited by educational institutions to participate in activities to build training programs, compile textbooks and training materials, teach, and conduct scientific research at educational institutions in accordance with their capabilities and professional qualifications;

b) To be recognized as permanent lecturers (or teachers) or guest lecturers of educational institutions when meeting the conditions prescribed by laws on education;

c) Practical instructors from public training facilities falling under the provisions of Clause 2, Article 10 of this Decree who meet the requirements to concurrently hold leadership positions such as heads or deputy heads of departments at public educational institutions according to current laws on recruitment, use, and management of civil servants and public officials, and enjoy the benefits of permanent lecturers of educational institutions in terms of title appointments and awards for teachers according to laws, except for training facilities of armed forces;

d) Practical instructors from non-public training facilities falling under the provisions of Clause 2, Article 10 of this Decree who meet the requirements to concurrently hold leadership positions such as heads or deputy heads of departments at non-public educational institutions according to current laws, and enjoy the benefits of permanent lecturers of educational institutions in terms of title appointments and awards for teachers according to laws;

e) To have their teaching time counted towards consideration for the appointment of professor and associate professor titles and the awarding of national teacher and outstanding teacher titles and other forms of commendation and reward according to laws on education and commendation and reward;

f) To be paid remuneration and other benefits (if any) when participating in practical guidance, building training programs, compiling training material guidance, teaching, and conducting scientific research at educational institutions according to internal expenditure regulations of educational institutions;

2. Practical instructors from educational institutions at training facilities have the following rights:

a) Practical instructors from public educational institutions who meet the requirements to concurrently hold leadership positions such as heads or deputy heads of specialized departments at public training facilities falling under the provisions of Clause 2, Article 10 of this Decree according to current laws on recruitment, use, and management of civil servants and public officials, except for training facilities of armed forces;

b) Practical instructors from non-public educational institutions who meet the requirements to concurrently hold leadership positions such as heads or deputy heads of specialized departments at non-public training facilities falling under the provisions of Clause 2, Article 10 of this Decree according to current laws;

c) To be assigned by training facilities to participate in medical examinations and treatments at training facilities when meeting the requirements and there is a need at the training facility; to receive remuneration and other benefits (if any) according to internal expenditure regulations of the training facility;

d) To be considered for the awarding of national physician and outstanding physician titles and other forms of commendation and reward according to laws on commendation and reward.

3. Practical instructors have the responsibility to comply with internal rules, regulations, and professional rules of training facilities and regulations and rules in training of educational institutions.

Article 17. Rights and responsibilities of practical training students

1. Participate in professional activities appropriate to their capabilities, qualifications, specialties, and the needs of the practical training facility under the supervision and guidance of practical instructors; receive remuneration corresponding to the level of participation according to internal expenditure regulations of the institution when arranged by the practical training facility to participate in suitable professional activities.

2. Adhere to the professional regulations of the practical training facility, educational institution, and the guidance of practical instructors.

Chapter V

IMPLEMENTATION PROVISIONS

Article 18. Implementation Organization

1. The Ministry of Health shall be responsible for:

a) Take the lead and coordinate with the Ministry of Education and Training and the Ministry of Labor, Invalids and Social Affairs to inspect and review the implementation of requirements for organizing practical training at facilities as stipulated in this Decree;

b) Other tasks as prescribed in Clause 3 of this Article.

2. The Ministry of Education and Training and the Ministry of Labor, Invalids and Social Affairs shall be responsible for:

a) Coordinate with the Ministry of Health to inspect and review the implementation of requirements for organizing practical training at facilities as stipulated in this Decree;

b) Take the lead and coordinate with the Ministry of Finance to propose a roadmap for adjusting tuition fees including costs for practical training in health education programs as prescribed in this Decree;

c) Other tasks as prescribed in Clause 3 of this Article.

3. Ministries, agencies equivalent to ministries, People's Committees of provinces and centrally governed cities shall be responsible for:

a) Allocate resources and invest in physical infrastructure for educational institutions and practical training facilities in health education programs within their jurisdiction;

b) Organize the implementation, inspection, and audit of practical training in health education programs as prescribed in this Decree within their jurisdiction.

Article 19. Transitional Provisions

1. Practical training facilities currently conducting practical training before the effective date of this Decree must review and supplement to ensure compliance with the requirements set forth in this Decree by January 1, 2019, except as provided in Clause 2 of this Article.

2. Practical instructors who have not been trained in clinical teaching methods as prescribed in Point d, Clause 2, Article 8 of this Decree must attend a training course before January 1, 2020.

Article 20. Effective Date

This Decree takes effect from November 20, 2017.

Article 21. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.