Decree No. 117/2014/ND-CP on Health Care at Commune, Ward, and Town Levels

DECREE

Regulations on Health Care at Communes, Wards, and Towns

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 Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Prevention and Control of Infectious Diseases dated November 21, 2007;

Pursuant to the Health Insurance Law dated November 14, 2008;

Pursuant to the Law on Medical Examination and Treatment dated November 23, 2009;

Pursuant to the Civil Servant Law dated November 15, 2010;

At the proposal of the Minister of Health,

The Government promulgates the Decree regulating health care at communes, wards, and towns.

Article 1. Scope of Regulation

This Decree stipulates the organization, functions, tasks, conditions ensuring operations, and human resources for health care at communes, wards, and towns.

Article 2. Organization, Functions, and Tasks of Health Care at Communes

1. The commune health station (hereinafter referred to collectively as the Commune Health Station) is a medical unit under the District Health Center (hereinafter referred to collectively as the District Health Center), established according to administrative units of communes, wards, and towns (hereinafter referred to collectively as communes).

2. The Commune Health Station has the function of providing and implementing primary healthcare services for the people in the commune.

3. The Commune Health Station has the following tasks:

a) Implementing specialized activities and technical services related to: preventive healthcare; diagnosis and treatment of diseases, combining traditional medicine in disease prevention and treatment; reproductive health care; supplying essential medicines; managing community health; health education communication in accordance with guidance from higher-level management agencies and legal regulations;

b) Providing professional guidance and operational support to village health workers;

c) Cooperating with relevant agencies to implement population and family planning work within the commune;

d) Participating in inspecting private medical and pharmaceutical practices and services that may affect public health within the commune;

đ) Serving as the permanent unit of the Commune Health Care Committee responsible for health protection, care, and enhancement work for the people within the commune;

e) Performing other tasks assigned by the Director of the District Health Center and the Chairman of the People's Committee of the commune.

Article 3. Conditions Ensuring Operations of Health Care at Communes

The Commune Health Station must have its own premises, material infrastructure, equipment, medicines, funding, and other conditions ensuring sufficient capacity to fulfill the tasks specified in Clause 3, Article 2 of this Decree.

Article 4. Human Resources for Health Care at Communes

1. Personnel working at the Commune Health Station are civil servants.

2. The number of personnel working at the Commune Health Station is included in the total number of personnel of the District Health Center determined based on job positions according to workload suitable for local needs and actual conditions by region.

3. Regarding the signing of contracts for personnel working at the Commune Health Station, it shall be carried out in accordance with the Civil Servant Law as follows:

a) For medical staff currently working at the Commune Health Station pursuant to Clause 1, Article 3 of Decision No. 58/TTg dated February 3, 1994 of the Prime Minister on the organization and policy for grassroots healthcare; and Article 2 of Decision No. 131/TTg dated March 4, 1995 of the Prime Minister amending certain points in Decision No. 58/TTg dated February 3, 1994: Directly managing agencies, organizations, and units are responsible for conducting procedures to sign indefinite-term employment contracts in accordance with the law if they meet all conditions, requirements, and standards of the position held;

b) For medical staff currently working at the Commune Health Station pursuant to Article 1 of Decision No. 131/TTg dated March 4, 1995 of the Prime Minister amending certain points in Decision No. 58/TTg dated February 3, 1994 of the Prime Minister on the organization and policy for grassroots healthcare (under the scope of contracts as per Decision No. 58/TTg):

Cases where they have worked for 36 months at the commune health station (as of the effective date of this Decree), meeting the criteria regarding moral character, professional qualifications, and competence required for the position and occupational title, will be considered for special recruitment under Point a, Clause 1, Article 14 of Decree No. 29/2012/NĐ-CP dated April 12, 2012 of the Government on recruitment, utilization, and management of civil servants. Directly managing agencies, organizations, and units are responsible for signing indefinite-term employment contracts in accordance with the law.

Cases where they have not worked for 36 months at the Commune Health Station (as of the effective date of this Decree) shall be recruited in accordance with the Civil Servant Law;

c) For civil servants recruited from the effective date of this Decree: Directly managing agencies shall carry out the signing of employment contracts in accordance with the Civil Servant Law;

d) The number of persons signed up for employment contracts under Points a, b, and c shall not exceed the number of personnel approved by the competent authority as stipulated in Clause 2 of this Article.

4. The Ministry of Health shall coordinate with the Ministry of Home Affairs to monitor and urge the implementation of the provisions on signing contracts for personnel working at the Commune Health Station as stipulated in Clause 3, Article 4 of this Decree.

Article 5. Effective Date

1. This Decree takes effect from January 31, 2015.

2. Decision No. 58/TTg dated February 3, 1994 of the Prime Minister on certain issues concerning the organization and policy for grassroots healthcare and Decision No. 131/TTg dated March 4, 1995 of the Prime Minister amending certain points in Decision No. 58/TTg cease to be effective from the date this Decree takes effect.

Article 6. Responsibility for Implementation

1. The Ministry of Health shall guide the functions and tasks of the Commune Health Station.

2. Provincial People's Committees are responsible for:

a) Implementing this Decree;

b) Directing the Department of Health to coordinate with relevant departments to guide the District Health Centers in signing labor contracts with personnel working at the Commune Health Stations in accordance with Clause 3, Article 4 of this Decree, in compliance with the Civil Servant Law and detailed guiding documents for the implementation of the Civil Servant Law;

c) Allocating funds for the construction of infrastructure, equipment, and operating expenses for the Commune Health Stations in accordance with the law;

d) Directing the recruitment, utilization, and management of personnel working at the Commune Health Stations in accordance with the delegation of authority, ensuring the structure in line with occupational titles suitable for regional needs and local development plans;

đ) Directing the People's Committees at the district level to cooperate with the Department of Health to strengthen healthcare work in the area, focusing on disease prevention and control by healthcare units, including the Commune Health Stations.

3. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the Central Government are responsible for implementing this Decree./.