Circular No. 13/BYT-TT on the division of responsibilities and delegation of authority for managing organizations and personnel in the Health sector

CIRCULAR

OF THE MINISTRY OF HEALTH NUMBER 13/BYT-TT DATED APRIL 18, 1983 ON
ASSIGNING AND DELEGATING MANAGEMENT WORK FOR ORGANIZATION AND STAFF IN THE HEALTH SECTOR

On November 24, 1970, the Ministry of Health issued Circular No. 43-BYT/TT on assigning and delegating management work for organization and staff in the health sector. Since then, this document has played a significant role in managing organizations and staff within the sector. However, due to the extensive development of the health sector nationwide, some provisions in Circular No. 43-BYT/TT are no longer suitable for current circumstances.

In accordance with the spirit of Resolution No. 5 of the Party Congress, based on Document No. 55a dated July 1, 1982 from the Central Committee of the Communist Party of Vietnam regarding the responsibilities and authorities of ministries in managing staff, the Ministry of Health issues this circular to guide subordinate health units in effectively implementing the assignment and delegation of management work for organization and staff throughout the sector to achieve the following objectives:

- Ensuring that organizational and staff work closely aligns with political tasks and meets the requirements of these tasks.

- Ensuring centralized unity while reflecting democratic principles in management work.

- Expanding management responsibilities and authorities to institutions to promote initiative at all levels, combat bureaucratic centralization, conservatism, and lax management.

- Ensuring the principle of Party leadership, state management, and people's mastery in organizational and staff management work.

2. Individuals who have registered as the principal investigator of a Research Project or Pilot Production Project and those participating in its implementation shall not participate in the Evaluation and Selection Council for that Research Project or Pilot Production Project (hereinafter referred to as the Council). In necessary cases, members of the Council may be staff members of the organization registering as the principal investigator of the Research Project or Pilot Production Project, but not more than one person and they cannot serve as Chairperson, Vice-Chairperson, or reviewing member.

1. The Ministry implements comprehensive management functions in the sector, combining industry-based management with local and territorial management, respecting and promoting the autonomy of industries and localities. The Ministry does not directly handle matters within the jurisdiction of industries and local People's Committees, but decisions made by these entities must not contravene policies, systems established by the Party and State, and regulations issued by the Ministry.

2. The Ministry manages the entire sector, including central health organizations, organizations under other industries, localities (private health organizations), and organizations of traditional medicine practitioners.

The Ministry studies and develops a unified organizational structure within each system of the sector, ensuring the consistency of the sector's organizational structure, while creating conditions for organizations to apply forms appropriate to their specific circumstances.

3. Based on assigned duties and powers, the head of each grassroots unit has the authority to make decisions and is responsible for them, covering fundamental issues such as planning and personnel appointments, rewards, punishments, salary grading, and evaluations. Decisions must comply with prescribed procedures set by the State and the Ministry.

4. Every six months and annually, units need to review and assess the establishment and implementation of plans to improve organizational and staff quality, particularly planning and training for successor teams. Annual reports should propose improvements to organizational structures or additional policies for staff for the Ministry to consider.

5. Assignment and delegation of management work for organization and staff must be based on the duties and powers of the Ministry as defined by the Council of Ministers, and tailored to the characteristics of the sector.

II. CONTENT

A. DUTIES AND POWERS OF THE MINISTRY IN MANAGING THE ORGANIZATIONAL STRUCTURE AND STAFF OF THE HEALTH SECTOR

Based on Decree No. 35-CP dated February 9, 1981 of the Council of Ministers defining the duties, powers, and responsibilities of the Minister and the functions of the Ministry in certain areas of state administration, and Decree No. 119-HĐBT dated July 16, 1982 amending Article 49 of Decree No. 35-CP, the Ministry has the following duties and powers:

1. Organizational Structure.

The Ministry studies and develops the health sector's organizational system to submit to the Council of Ministers, guides the implementation of Council of Ministers' decisions nationwide, establishes functional roles, tasks, organizational structures, and labor quotas for various types of sectoral organizations, and supervises their implementation.

The Ministry issues decisions on establishing or abolishing subordinate organizations and agencies, and specifies or supplements/amends their functions and tasks. Organizational structures in enterprises and companies under the Vietnam Pharmaceutical Joint Stock Enterprise Union and the General Department of Materials and Basic Construction are determined by the General Director of the Vietnam Pharmaceutical Joint Stock Enterprise Union and the General Department of Materials and Basic Construction based on the Regulations of State-Owned Industrial Enterprises.

2. Staff Management.

The Ministry establishes standards for leadership and management staff, professional scientific and technical staff, labor norms, and a list of positions and professional standards for health staff to be applied throughout the sector. Grassroots units managing staff must adhere to specified labor quotas, organizational structures, and ensure staff are employed according to their professional and specialized training standards.

The Ministry oversees the overall staff and personnel in subordinate units, localities, and industries, and directly manages key leaders, managers, and scientific and technical staff in grassroots units, with the remainder managed by grassroots units, localities, and industries under the Ministry's unified guidance.

3. Determining Staff Positions Directly Managed by the Ministry.

To fulfill its administrative state management function, the Ministry stipulates the following staff positions directly managed by it:

a) The Ministry comprehensively manages the leadership staff of subordinate units:

- Heads and deputies of departments, bureaus, and offices within the Ministry's office.

- Heads and deputies of subordinate units.

- General Directors and Deputy General Directors of the Vietnam Pharmaceutical Joint Stock Enterprise Union, General Directors and Deputy General Directors of the General Department of Materials and Basic Construction.

- Directors and Chief Accountants of enterprises and companies under the Vietnam Pharmaceutical Joint Stock Enterprise Union and the General Department of Materials and Basic Construction.

Comprehensive management includes:

- Understanding the situation and periodically evaluating staff.

- Managing personnel files and updating records,

- Compiling and developing short-term and long-term staff planning and forecasting.

- Study the redeployment, replacement, appointment, dismissal, commendation, and disciplinary actions,

- Implement the systems and policies for cadres (salary grading, promotion, treatment, recuperation, retirement...),

- Develop plans for regular training and enhancement to improve the cadre's qualifications.

b) Department managing lists:

The department manages lists of cadres holding the following positions working at subordinate healthcare facilities under the Ministry, local health services, and health sectors:

- Doctors of Science and Associate Doctors of Science both domestic and foreign (Department of Science and Technology Management),

- Specialist doctors of the second level, traditional medicine practitioners with equivalent qualifications (Department of Disease Prevention and Treatment and Department of Ethnic Medicine Management),

- Heads and Deputy Heads of Departments (Department of Disease Prevention and Treatment Management),

- Heads and Deputy Heads of Divisions (Department of Training Management),

- Heads and Deputy Heads of Offices (Department of Organization and Cadre Management),

- Lecturers and researchers at schools and institutes (Department of Training Management),

- From Level 2 Specialists to Level 6 Specialists working at subordinate units under the Ministry (Department of Organization and Cadre Management).

Content managed in the list includes:

- Management of personal history records (concentrated in the Department of Organization and Cadre Management),

- Understanding plans for deployment, utilization, and training and enhancement of core cadres in management and science and technology within the sector,

- Studying proposals (individuals, units) and guiding the implementation of cadre policies and systems within the scope of the Ministry's authority,

4. Cadre tasks directly resolved by the Ministry.

a) Building cadre planning must be done from bottom up. The cadre position under which level's management shall be planned by that level according to that position.

The Ministry is responsible for building planning for leading and managing cadres at the director and deputy director levels of departments, bureaus, and offices under the Ministry’s office; general directors and deputy general directors of the Vietnam Pharmaceutical Enterprises Association; bureau chiefs and deputy bureau chiefs of the Bureau of Materials and Basic Construction; directors and company managers of enterprises under the Vietnam Pharmaceutical Enterprises Association and the Bureau of Materials and Basic Construction; heads and deputy heads of subordinate facilities under the Ministry.

Summarize the planning of leading cadres in science and technology at central and local levels.

After this plan has been unified between the Ministry and the unit, the units base on it to implement training and enhancement plans. Each year, they submit evaluations of reserve cadres to the Ministry and propose supplementary or adjustment opinions if necessary.

Departments managing business systems shall plan cadres for those systems. The Department of Organization and Cadre Management is responsible for summarizing into the industry's cadre planning to develop training and enhancement plans. The Training Department is responsible for researching, building, and implementing training and enhancement plans both domestically and internationally for incumbent and reserve cadres within the unified planning.

b) Appointment and dismissal.

Appointing or dismissing cadres must be based on:

- Work requirements,

- Structure, quantity, and prescribed standards,

- Being within the cadre planning.

Proper procedures must be followed as stipulated in the Ministry's regulations on appointment and dismissal:

- Having all necessary files and documents for review,

- Soliciting democratic opinions from the masses (understanding people, knowing work) in accordance with Directive No. 45-CT/TƯ dated June 2, 1978 of the Central Party Committee,

- Soliciting opinions from the Party committee, head, and deputy heads,

- The organization and cadre management department studying, examining, verifying, and concluding,

- Approval by a council or opinion of the authorized management agency,

- The competent authority body reviewing collectively. The head of that level issues the appointment decision; the level appointing makes the dismissal decision when necessary.

In this work, the Ministry specifies as follows:

- The Ministry decides on appointments or dismissals of cadre positions directly managed by the Ministry (listed in point 3, section A),

- When appointing or dismissing directors of departments, bureaus, and offices in the Ministry's office or subordinate units, the Department of Organization and Cadre Management prepares the cadre file, solicits opinions from the Ministry's Party Committee or the subordinate unit's Party Committee (if at a subordinate unit), and opinions from the relevant professional management department, through the Ministry's Organizational Improvement Board, and submits to the Ministry for decision,

- Appointments or dismissals of deputies of the aforementioned agencies are prepared by the agency's director through the agency's Party Committee, with opinions from deputy heads. The relevant professional management department provides opinions, the Department of Organization and Cadre Management coordinates and summarizes through the Ministry's Organizational Improvement Board, and submits to the Ministry for decision.

c) Evaluating cadres:

It is necessary to implement a biennial system, where each cadre writes a self-evaluation, the competent authority evaluates and records the evaluation in their file.

- Evaluating directors of departments, bureaus, and offices within the Ministry: based on the self-assessment reports of the comrades, the Department of Organization and Cadre Management prepares, the Ministry's Party Committee provides opinions, the vice-minister responsible for the sector evaluates, then submits to the minister for review,

- Evaluating directors of subordinate units: the department head of the relevant professional system prepares based on the self-assessment report of the unit's head, with opinions from the unit's Party Committee and deputy heads, the Department of Organization and Cadre Management, and related departments' opinions, and the vice-minister responsible for the sector submits to the minister for review,

- Evaluating deputies: after the comrades write self-assessments, the unit's Party Committee approves, the unit's director records the evaluation of their deputy.

d) Handling labor discipline violations:

Pending new guidance from the Ministry, all cadres and staff in administrative and public service areas working at subordinate facilities under the Ministry who violate discipline will be disciplined according to the forms specified in Decree No. 195-CP dated December 31, 1964 of the Council of Ministers. However, the following forms must be decided by the Ministry:

- Demoting technical rank and transferring to other work for university or higher-level cadres,

- Revoking university or higher-level graduation certificates for cadres working at subordinate facilities, localities, and other sectors,

- Compelling resignation (for all subjects),

Business production areas follow the charter of state-owned enterprises.

The Ministry shall issue disciplinary decisions against cadres under the Ministry's comprehensive management (item a, Point 3, Section A) when they commit violations.

5. Implement policies, systems, and salaries.

a) Policies, systems:

Based on the characteristics of work and nature of labor of cadres and employees in the healthcare sector, the Ministry has the responsibility to study and propose to the State for promulgation of systems and policies, while guiding the entire sector to implement them (including policies and systems for traditional medicine practitioners and self-established health workers).

b) Salary grading:

Heads of units directly under the Ministry shall issue decisions on salary grading and promotion up to 93 dong after being approved by the Ministry.

Salaries from 94 dong upwards shall be decided by the Minister or a person authorized by him (in separate documents).

B. GENERAL TASKS OF HEADS OF UNITS IN ORGANIZATIONAL AND STAFF MANAGEMENT WORK

1. Organizational management.

Based on the decision of the Council of Ministers and guidance from the Ministry, units need to clearly define specific functions and tasks of each organization, each department, gradually build internal regulations, work charters, and responsibilities of each cadre and employee in the agency, promptly address newly arising issues, and propose suggestions to higher authorities and related organizations regarding amendments to organizational structures, timely adjusting any organizational inconsistencies to better serve political requirements.

2. Staff Management.

a) Units directly managed by the Ministry from specialist level 1, department heads, section chiefs, and room heads downwards shall handle the following aspects:

- Understanding the situation, arranging, utilizing, evaluating staff, managing personnel files, and supplementing file information.

- Developing staff planning, having training, development, and discipline plans for staff, proposing appointments, dismissals, commendations, and disciplinary actions according to the hierarchy.

- Implementing policies and systems for staff (including retirement systems).

b) Cadres directly managed by the Ministry working in units shall be supervised and have policies and systems of the Party and State implemented by unit heads. When considering appointments, dismissals, transfers, commendations, or disciplinary actions, unit heads shall propose opinions, which the Ministry will review and decide.

c) Appointments and dismissals of cadres in units directly under the Ministry shall be carried out as follows:

- Appointments and dismissals of heads of departments, sections, or equivalent positions within units directly under the Ministry shall be proposed by the unit, with comments from the specialized management department, consolidated by the organizational and cadre management department and submitted to the Ministry for review, followed by the unit head signing the appointment or dismissal decision. If there is disagreement between the unit and the Ministry's departments, all opinions shall be presented to the Minister for decision.

- Appointments and dismissals of deputy positions in the aforementioned organizations shall be decided by the unit head based on annual staff planning approved by the Ministry (with comments from the specialized management department, consolidated by the organizational and cadre management department and submitted to the Ministry).

Deputy heads and room chiefs at the Ministry's office shall still be appointed or dismissed by the Minister or a person authorized by the Minister.

In cases where it is necessary to appoint cadres not included in the planning, detailed discussions must be held with the organizational and cadre management department, with the participation of the specialized management department.

Chiefs and deputy chiefs of rooms at the Vietnam Pharmaceutical Enterprises Association Office and the Materials and Basic Construction Bureau also apply the same rules as units directly under the Ministry.

- Appointments and dismissals of deputy general managers of enterprises, companies, room chiefs, deputy room chiefs, workshop directors, deputy workshop directors, warehouse chiefs, deputy chiefs, stations, and camps within each enterprise and company shall be studied and regulated by the General Director of the Vietnam Pharmaceutical Enterprises Association and the Chief of the Materials and Basic Construction Bureau.

3. Implementing systems and salaries.

Based on annual guidance documents, unit heads shall organize implementation.

4. Staff planning.

Units directly under the Ministry and the Ministry's office shall be responsible for developing and implementing staff planning for cadres under their management, regularly having plans for training, development, building a reserve cadre force, and successors in accordance with the spirit of Directive No. 45-CT/TW dated June 2, 1978 of the Central Committee of the Communist Party of Vietnam.

When changes, additions, or adjustments to the planned cadre list are needed, consensus must be reached with the specialized management departments and the organizational and cadre management department to incorporate them into the overall plan.

5. Handling labor discipline.

Implementation shall follow the guidelines of the Ministry of Labor for administrative and public service sectors and apply the Factory Regulations for production and business sectors.

6. Commendations.

Apply according to the common systems and policies stipulated by the State.

C. TASKS AND LIMITATIONS IN MANAGEMENT WORK OF THE MINISTRY'S OFFICE.

1. Organizational work.

The functions, tasks, organizational structure, and operational charters of the departments, bureaus, and office of the Ministry shall be proposed by the departments, bureaus, and office. The organizational department shall be responsible for balancing and consolidating these proposals to submit to the Ministry for decision.

The Ministry's office shall oversee the coordination of activities among departments and bureaus within the Ministry, establish relationships and working procedures within the Ministry, develop work regulations, and urge the implementation of these regulations and operational charters within the Ministry (a separate document will be prepared by the Ministry's office).

Departments, bureaus, and offices shall base their operations on the Ministry's operational charter, actively coordinate with each other to effectively carry out assigned tasks.

During implementation, if any obstacles arise, they should be reported to the director of the office for consolidation and submission to the Minister for consideration.

2. Establishment management:

Based on the establishment quota allocated to the Ministry annually, units shall propose the allocation of establishment quotas to each department, bureau, and office, then manage the organization and implementation thereof.

3. Staff management:

Generally, the department or bureau where a cadre or employee works shall be directly responsible for their management. The Ministry's office shall be responsible for summarizing, balancing, issuing decisions, or submitting to the Ministry for decisions on matters concerning the systems and policies for cadres and employees in the Ministry, according to current procedures.

a) For cadres directly managed by the Ministry (with a salary of 116 dong or more) working at the Ministry's agencies, departments, and equivalent party committees, proposals are made, opinions from the Ministry's Party Committee and the Minister's Office are sought; the cadre organization department compiles and submits to the Minister for decision.

b) For cadres and staff outside the aforementioned category, managed by the Ministry's Office in all aspects:

- Understanding the general situation according to the current cadre management system,

- Managing personnel files and supplementing them,

- Regularly evaluating cadres,

- Implementing various systems and policies for cadres: grading, increasing pay grades, medical treatment, recuperation within or outside the country, retirement, etc...

c) For heads and deputy heads of departments under departments, bureaus, and offices, those departments, bureaus, and offices must develop training and development plans, regularly evaluate cadres, propose to the Ministry's leadership for decisions on appointment, dismissal, promotion of pay grades, and other systems and policies according to current regulations and procedures.

III. IMPLEMENTATION PROVISIONS

1. This Circular replaces Circular No. 43-BYT/TT dated November 24, 1970, and takes effect from the date of issuance; all circulars, directives, and guiding documents that contradict the spirit and content of this Circular are abolished.

2. The heads of the Minister's Office, heads of departments, bureaus, and offices within the Ministry's agencies, the General Director of the Vietnam Pharmaceutical Enterprises Association, the Director of the Material Supply and Basic Construction Bureau; heads of units directly under the Ministry are responsible for implementing this Circular.

During the implementation process, if there are any unclear or unsuitable points, they should be promptly reported to the Ministry (cadre organization department) for study and supplementation.