Decree No. 147/2025/NĐ-CP on the delineation of authority of two-level local governments in the field of health administration by the Ministry of Health

DECREE

Regulations on the delineation of authority between two levels of local government in the field of state administration under the Ministry of Health

On the basis of The Government Organization Law 2025;

On the basis of The Local Government Organization Law 2025;

Pursuant to Resolution No. Decision 190/2025/QH15 dated February 19, 2025 of the National Assembly regarding handling certain issues related to the restructuring of the state apparatus;

At the proposal of the Minister of Health;

The Government promulgates this Decree to regulate the delineation of authority between two levels of local government in the field of state administration under the Ministry of Health.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the delineation of authority between two levels of local government according to the organizational model of two-level local government in the field of state administration under the Ministry of Health; the procedures and formalities for implementing administrative procedures when transferring authority from the district level to the commune level or from the provincial level.

Article 2. Principles of Authority Delineation

1. Ensuring compliance with the Constitution, consistent with principles and regulations on authority delineation set forth in the Law on the Organization of the Government 2025 and the Law on the Organization of Local Administration 2025.

2. Ensuring the delineation of tasks and powers among different levels of local government; ensuring consistency with the tasks, powers, and capabilities of agencies and individuals responsible for carrying out the assigned tasks and powers.

3. Ensuring clear delineation of authority between People's Councils, People's Committees, and Chairpersons of People's Committees; clearly distinguishing the general authority of People's Committees and the specific authority of Chairpersons of People's Committees.

4. Clearly defining the content and scope of tasks and powers that local governments are authorized to decide, organize, implement, and be accountable for; avoiding overlap and duplication of tasks and powers between different levels of local government and among agencies and organizations within local government.

5. Ensuring a legal basis for the normal, continuous, and smooth operation of agencies; preventing interruptions in work, overlapping, duplication, or omission of functions, tasks, fields, and areas; meeting the requirements of local governance; applying science, technology, innovation, and digital transformation.

6. Ensuring human rights and citizens' rights; ensuring transparency and creating favorable conditions for individuals and organizations to access information, exercise their rights and fulfill their obligations and procedures as prescribed by law; not affecting the normal activities of society, citizens, and businesses.

7. Ensuring no impact on the implementation of international treaties and agreements to which the Socialist Republic of Vietnam is a party.

8. Ensuring unity in the implementation of the Constitution and laws; ensuring transparency, accountability, and effective control of power linked to the responsibility of higher-level state agencies for inspection, audit, and supervision.

9. The budget for implementing transferred tasks shall be guaranteed by the State budget in accordance with the provisions.

Article 3. Fees and Charges

When handling administrative procedures requiring payment of fees and charges as prescribed by law, individuals and organizations must submit the application dossier along with the payment of fees and charges to the agency receiving the dossier. The amount of fees and charges, management, and use of fees and charges shall be carried out in accordance with the provisions of the Government, the Minister of Finance, or the Provincial People's Council for corresponding fees and charges.

Chapter II
AUTHORITY DELINEATION IN THE FIELD OF SOCIAL ASSISTANCE AND SOCIAL EVIL PREVENTION AND CONTROL

Article 4. Competence to decide on receipt, adjustment, suspension, termination of monthly living allowance and funeral cost support for people's artisans and outstanding artisans with low income and difficult circumstances.

1. The competence to decide on receipt, adjustment, suspension, and termination of the monthly living allowance and funeral cost support as prescribed in Decree No. 109/2015/ND-CP dated October 28, 2015 of the Government on support for people's artisans and outstanding artisans with low income and difficult circumstances (hereinafter referred to as Decree No. 109/2015/ND-CP) shall be carried out by the Chairman of the People's Committee of communes, towns, and special administrative zones (collectively referred to as commune level).

2. The procedures for implementation, adjustment, suspension, and termination of the monthly living allowance shall be carried out as follows:

a) The subject directly submits or through postal organizations or on the internet the Application Form according to Model 01 (for cases requesting the monthly living allowance), the Application Form according to Model 02 (for cases requesting adjustment of the monthly living allowance), and the Request Form according to Model 04 (for cases terminating the monthly living allowance) issued together with Decree No. 109/2015/ND-CP to the Chairman of the People's Committee at the commune level where they reside.

b) Within ten working days from the date of receiving the request along with related documents from the subject, the Chairman of the People's Committee at the commune level shall organize examination, verify, and standardize relevant information of the subject with the national population database, make a decision, and implement payment of the monthly living allowance to the subject in accordance with the law. The period of receipt and adjustment of the monthly living allowance starts from the month when the Chairman of the People's Committee at the commune level signs the decision.

In case the subject does not meet the conditions for receipt or adjustment of the monthly living allowance, a written response shall be given stating the reasons.

c) In case the subject currently receiving the monthly living allowance must serve a criminal sentence or is subject to compulsory educational measures or compulsory drug rehabilitation measures, the Chairman of the People's Committee at the commune level where the subject resides shall decide to suspend the monthly living allowance.

d) In case the subject currently receiving the monthly living allowance changes their place of residence and requests to receive the monthly living allowance at the new place of residence, the Chairman of the People's Committee at the previous place of residence shall decide to terminate payment at the old location and send a letter along with related documents of the subject to the Chairman of the People's Committee at the new place of residence.

The Chairman of the People's Committee at the new place of residence of the subject shall base on the related documents of the subject to decide on the monthly living allowance for the subject starting from the month following the termination of payment at the old place of residence.

đ) In case the subject currently receiving the monthly living allowance dies or no longer meets the conditions for receipt as prescribed, the Chairman of the People's Committee at the commune level shall decide to terminate the monthly living allowance from the month following the death or loss of eligibility of the subject.

e) For subjects who were receiving the monthly living allowance decided by the People's Committee of districts, towns, and cities before this Decree takes effect, the Chairman of the People's Committee at the commune level shall accept the transferred files from the People's Committee of districts, towns, and cities and continue to implement the policy payments to the subjects in accordance with the regulations.

In case the subject has submitted an application for the monthly living allowance before this Decree takes effect but has not yet received a decision on the monthly living allowance, the Chairman of the People's Committee at the commune level, based on the files and documents of the subject, shall carry out the procedures and processes to decide on the monthly living allowance for the subject as stipulated in point b of this clause. The subject does not need to reissue the documents specified in point a of this clause.

2. The procedures for implementing funeral cost support shall be carried out as follows:

a) The organization, entity, or individual directly organizing the funeral shall submit the Application Form according to Model 3a or 3b directly or through postal organizations or on the internet to the Chairman of the People's Committee at the commune level where the funeral is organized.

b) Within five working days from the date of receiving the Application Form from the organization, entity, or individual directly organizing the funeral, the Chairman of the People's Committee at the commune level shall examine and decide on funeral cost support.

c) In case the organization, entity, or individual has submitted an application for funeral cost support before this Decree takes effect but has not yet received a decision on funeral cost support, the Chairman of the People's Committee at the commune level, based on the files and documents of the organization, entity, or individual, shall carry out the procedures and processes to decide on funeral cost support as stipulated in point b of this clause. The organization, entity, or individual does not need to reissue the documents specified in point a of this clause.

Article 5. Competence to decide on receiving, adjusting the level of, or ceasing social assistance payments and monthly care and maintenance support for social welfare beneficiaries

1. The competence to decide on receiving, adjusting the level of, or ceasing monthly social assistance payments and monthly care and maintenance support for social welfare beneficiaries as prescribed in Decree No. 20/2021/ND-CP dated March 15, 2021 of the Government on social assistance policies (hereinafter referred to as Decree No. 20/2021/ND-CP) shall be exercised by the Chairman of the People's Committee at the commune level.

2. The procedures and formalities for implementation are as follows:

a) The applicant requesting monthly social assistance payments and monthly care and maintenance support (hereinafter referred to as the applicant) shall submit the dossier as prescribed in Article 7 of Decree No. 20/2021/ND-CP directly, through postal services, or via the internet to the Chairman of the People's Committee at the commune level where they reside.

b) Within ten working days from the date of receipt of the application, the Chairman of the People's Committee at the commune level shall organize the examination, verify, and standardize the relevant information of the applicant with the national population database, make a decision, and implement the payment of monthly social assistance and care and maintenance support. The period of enjoyment starts from the month when the Chairman of the People's Committee at the commune level signs the decision.

In cases where the applicant does not meet the conditions for receiving, adjusting, the Chairman of the People's Committee at the commune level shall respond in writing, stating the reasons.

c) In cases where the applicant who is currently receiving monthly social assistance and care and maintenance support changes their place of residence and requests to receive benefits under the new place of residence, the Chairman of the People's Committee at the commune level of the previous place of residence shall decide to cease the payment of benefits and policies at the original location and send a letter along with related documents of the applicant to the Chairman of the People's Committee at the new place of residence.

The Chairman of the People's Committee at the new place of residence shall base their decision on the related documents of the applicant to provide monthly social assistance and care support at the corresponding level applicable in the new location starting from the month following the cessation of payment at the previous location.

d) In cases where the applicant who is currently receiving monthly social assistance and care and maintenance support dies, no longer meets the conditions for receiving, or changes the conditions for receiving, the Chairman of the People's Committee at the commune level shall examine and decide to cease or adjust the level of benefits. The cessation or adjustment period starts from the month immediately following the death or change in conditions of the applicant.

e) For applicants who were receiving monthly social assistance and care and maintenance support decided by the People's Committee of the district, town, or city before this Decree takes effect, the Chairman of the People's Committee at the commune level shall accept the transferred dossier from the People's Committee of the district, town, or city and continue to implement the payment of benefits for the applicant according to the regulations.

In cases where the applicant has submitted an application for social assistance and care and maintenance support before this Decree takes effect but has not yet received a decision on social assistance and care and maintenance support, the Chairman of the People's Committee at the commune level shall base on the dossier and documents of the applicant to follow the procedures and formalities to decide on social assistance and care and maintenance support for the applicant according to point b of this clause. The applicant is not required to resubmit the documents specified in point a of this clause.

Article 6. Authority to decide on funeral cost support

1. The authority to decide on funeral cost support as stipulated in Article 11 and Article 14 of Decree No. 20/2021/NĐ-CP shall be implemented by the Chairman of the People's Committee at the commune level.

2. The procedures for implementation shall be carried out as follows:

a) Individuals, agencies, units, organizations responsible for the funeral of the subjects specified in Clause 1 of Article 11 and Clause 1 and Clause 2 of Article 14 of Decree No. 20/2021/NĐ-CP shall submit the Application Form No. 04 issued together with Decree No. 20/2021/NĐ-CP directly, through postal services, or via the internet to the Chairman of the People's Committee at the commune level;

b) Within three working days from the date of receipt of the Application Form of individuals, agencies, units, or organizations responsible for the funeral of the subjects, the Chairman of the People's Committee at the commune level shall examine and decide on funeral cost support and implement the payment of the support funds according to regulations;

c) In cases where individuals, agencies, units, or organizations have submitted applications for funeral cost support before this Decree takes effect but have not yet received a decision on funeral cost support, the Chairman of the People's Committee at the commune level shall base on the application files and documents of individuals, agencies, units, or organizations to carry out the procedures and formalities for deciding on funeral cost support as stipulated in point b of this clause. Individuals, agencies, units, or organizations are not required to reissue the documents specified in point a of this clause.

Article 7. Authority to decide on support for essential foodstuffs and necessities; support for medical treatment costs for seriously injured persons; support for building houses and repairing houses; and emergency support for children when their parents die or go missing due to natural disasters, fires, epidemics, or other force majeure reasons

1. The authority to decide on support for essential foodstuffs and necessities as stipulated in Article 12; support for medical treatment costs for seriously injured persons as stipulated in Article 13; support for building houses and repairing houses as stipulated in Article 15; and emergency support for children when their parents die or go missing due to natural disasters, fires, epidemics, or other force majeure reasons as stipulated in Article 16 of Decree No. 20/2021/NĐ-CP shall be implemented by the Chairman of the People's Committee at the commune level.

2. The procedures for implementation shall be carried out as follows:

a) When discovering households or subjects specified in Clause 1 and Clause 2 of Article 12; Article 13; Article 15; and Article 16 of Decree No. 20/2021/NĐ-CP within the administrative area, the Chairman of the People's Committee at the commune level shall organize a review, compile a list, and examine and decide on support for households and subjects from local resources;

b) In cases where the commune lacks resources, the Chairman of the People's Committee at the commune level shall issue a document requesting support from the Chairman of the People's Committee at the provincial level according to the laws on social assistance.

Article 8. Authority to decide on receiving care and nurturing for urgent protection subjects in the community

1. The authority to decide on receiving care and nurturing in the community for urgent protection subjects as stipulated in Clause 2 of Article 18 of Decree No. 20/2021/NĐ-CP shall be implemented by the Chairman of the People's Committee at the commune level.

2. The procedures for implementation shall be carried out as follows:

a) When discovering subjects specified in Clause 2 of Article 18 of Decree No. 20/2021/NĐ-CP and assessing that there are households on the administrative area capable of receiving care and nurturing, the Chairman of the People's Committee at the commune level shall direct inspections, verifications, and examinations to decide on support; transfer the subjects to households receiving care and nurturing;

b) The period of receiving care and nurturing in the community for subjects specified in Clause 2 of Article 18 of Decree No. 20/2021/NĐ-CP shall not exceed three months. In cases where the period of receiving care and nurturing has expired and households or individuals do not continue to receive care and nurturing, the Chairman of the People's Committee at the commune level shall decide to transfer to other households or individuals to receive care and nurturing, or issue a document requesting social assistance facilities to accept care and nurturing at the facility.

Article 9. Competence to decide on and propose the acceptance of individuals for care and support at social assistance facilities

Clause 1. The competence to decide on and propose the acceptance of individuals specified in Clause 1, Article 24 of Decree No. 20/2021/NĐ-CP for care and support at social assistance facilities shall be carried out by the Chairman of the People's Committee at the commune level.

2. The procedures for implementation shall be carried out as follows:

a) Individuals with documents as stipulated in point a and point c, Clause 2, Article 27 of Decree No. 20/2021/NĐ-CP shall directly send or transmit through postal organizations or via the internet to the Chairman of the People's Committee at the commune level;

b) Within ten working days from the date of receipt of the individual's documents, the Chairman of the People's Committee at the commune level shall direct the organization to examine, verify, and standardize relevant information of the individual with the national population database, and decide to accept the individual into a social assistance facility under its management or issue a written proposal (attached with related documents of the proposer) to be sent to a social assistance facility under the management of the People's Committee at the provincial level;

c) Within five working days from the date of receipt of the written proposal from the Chairman of the People's Committee at the commune level, the head of the social assistance facility shall examine and decide to accept the individual for care and support at the facility or provide community care services;

d) In cases where the individual does not meet the conditions for care and support in a social assistance facility, the authority handling the procedure must respond in writing and clearly state the reasons.

Article 10. Competence to organize the implementation of social assistance policy payments in the community

Clause 1. The competence to implement social assistance policy payments in the community as stipulated in Article 34 of Decree No. 20/2021/NĐ-CP shall be carried out by the Chairman of the People's Committee at the commune level.

2. The procedures for implementation shall be carried out as follows:

a) Payment through service payment organizations shall be established in a contract between the Chairman of the People's Committee at the commune level and the service payment organization. The contract shall specify the scope, beneficiaries, methods of implementation (payment through bank accounts, electronic payment accounts, or direct payment to beneficiaries), time, location, payment costs; settlement period, rights and responsibilities of the parties, and other agreements related to payment;

b) Before the 25th day of each month, the Chairman of the People's Committee at the commune level shall base on the list of beneficiaries (including new and reduced beneficiaries; one-time beneficiaries); the amount of funds for the next month's payment (including back payments and funeral expenses); the remaining unspent funds from previous months (if any) to withdraw the budget from the State Treasury and transfer it into the account of the service payment organization; simultaneously transferring the payment list to the service payment organization for the next month's beneficiaries. During the payment period, the Chairman of the People's Committee at the commune level shall appoint someone to supervise the payment activities of the service payment organization;

c) Monthly, the service payment organization shall compile a list of beneficiaries who have received money, the amount paid, those who have not yet received money for the next month's payment, the remaining unspent funds, and transfer the vouchers (signed receipt lists and bank transfer documents) to the Chairman of the People's Committee at the commune level before the 20th day of each month for the compilation of payment funds according to regulations.

Article 11. Competence to Decide on Issuing, Amending, Revoking Registration Certificates for Establishing Social Assistance Facilities and Dissolving Such Facilities

1. The competence to issue, amend, and revoke registration certificates for establishing social assistance facilities and dissolving such facilities as stipulated in Clause 1 and Clause 2 of Article 19 of Decree No. 103/2017/ND-CP shall be exercised by the Chairman of the Provincial People's Committee.

2. The procedures for implementation shall be carried out as follows:

a) Organizations and individuals establishing a facility shall prepare one set of documents in accordance with Article 15 (in the case of requesting issuance of a registration certificate for establishment), or Article 20 (in the case of requesting amendment of the contents of the registration certificate for establishment), or Clause 2 of Article 22 of Decree No. 103/2017/ND-CP (in the case of dissolution of social assistance facilities) and submit them directly, through postal organizations, or via the internet to the provincial people's committee;

b) Within ten working days from the date of receipt of the application dossier from the facility, the Chairman of the provincial people's committee shall be responsible for examining and organizing the assessment of conditions and deciding to issue, reissue, or amend the registration certificate for establishment for the facility;

c) In cases where the facility does not meet the conditions for issuance, reissuance, or amendment of the registration certificate for establishment or disagrees with the dissolution of the facility, the Chairman of the provincial people's committee shall respond in writing, stating the reasons. A social assistance facility may not dissolve itself automatically before receiving a decision on dissolution from the competent authority.

3. Social assistance facilities established and licensed to operate by the people's committees or specialized agencies at district, town, or city level prior to the effective date of this Decree shall be transferred to the management of the provincial people's committee. These facilities do not need to request procedures or reapply for licensing.

Article 12. Competence to Decide on Issuing, Reissuing, Adjusting, Temporarily Suspending, Suspending, and Revoking Operating Licenses of Social Assistance Facilities

1. The competence to decide on issuing, reissuing, adjusting, temporarily suspending, suspending, and revoking operating licenses of social assistance facilities as stipulated in Article 28 of Decree No. 103/2017/ND-CP shall be exercised by the Chairman of the provincial people's committee.

2. The procedures and processes for issuing, reissuing, and adjusting operating licenses shall be carried out as follows:

a) The facility shall prepare one set of documents in accordance with Article 29 of Decree No. 103/2017/ND-CP and submit them directly, through postal organizations, or via the internet to the provincial people's committee;

b) Within ten working days from the date of receipt of the application dossier from the facility, the Chairman of the provincial people's committee shall be responsible for examining and organizing the assessment of conditions and deciding to issue, reissue, or adjust the operating license for the facility.

In cases where the facility does not meet the conditions for issuance, reissuance, or adjustment of the operating license, the Chairman of the provincial people's committee shall respond in writing, stating the reasons.

c) Within ten working days from the date the facility receives the operating license, the head of the facility must promulgate and publicly announce and post the Rules of Operation and Financial Regulations at the facility.

3. Social assistance facilities established and licensed to operate by the people's committees or specialized agencies at district, town, or city level prior to the effective date of this Decree shall be transferred to the management of the provincial people's committee. These facilities do not need to request procedures or reapply for licensing.

Article 13. Competence to Decide on Issuing and Revoking Registration Certificates for Operating Social Assistance Facilities Serving Less Than Ten Individuals in Difficult Circumstances

1. The competence to decide on issuing and revoking registration certificates for operating social assistance facilities serving less than ten individuals in difficult circumstances as stipulated in Decree No. 103/2017/ND-CP shall be exercised by the Chairman of the Commune People's Committee.

2. The procedures and processes for issuing and revoking registration certificates for operating shall be carried out as follows:

a) The facility shall prepare one set of documents for registering social assistance activities in accordance with Article 46 of Decree No. 103/2017/ND-CP and submit them directly, through postal organizations, or via the internet to the commune people's committee where the facility is located;

b) Within ten working days from the date of receipt of the documents, the Chairman of the commune people's committee shall be responsible for examining and issuing the registration certificate for operating social assistance activities according to Model No. 15 attached to Decree No. 103/2017/ND-CP;

If the issuance of the registration certificate for operating social assistance activities is refused, it must be notified in writing and the reasons stated.

c) Upon discovering any of the situations specified in Clause 1 of Article 48 of Decree No. 103/2017/ND-CP, the Chairman of the commune decides to revoke the registration certificate for operating social assistance activities of the facility.

Article 14. Competence to issue, reissue, and revoke certificates of social work practice registration

1. The competence to issue, reissue, and revoke certificates of social work practice registration for individuals practicing social work at units, facilities providing social services, training institutions, vocational education establishments with headquarters within the territory; independent social workers as stipulated in Decree No. 110/2024/NĐ-CP dated August 30, 2024 on social work shall be carried out by the Chairman of the Provincial People's Committee.

2. The procedures for implementation shall be carried out as follows:

a) Individuals applying for issuance or reissuance of a certificate of social work practice registration must prepare one set of application documents in accordance with Article 40 (new issuance) or Clause 2 of Article 42 (reissuance) of Decree No. 110/2024/NĐ-CP and submit them directly, through postal organizations, or via the internet to the Provincial People's Committee.

b) Within five working days from the date of receipt of the application documents, the Chairman of the Provincial People's Committee shall be responsible for reviewing and deciding on the issuance or reissuance of the certificate of social work practice registration. In cases where the application documents are not valid, a written response specifying the reasons must be provided within no more than three working days.

c) The Chairman of the Provincial People's Committee must publicly announce the list of social workers on the provincial people's committee’s electronic portal where the social work practice registration certificate was issued.

Article 15. Competence to implement measures to prevent and combat prostitution

The competence to handle prostitution hotspots occurring in border areas between communes, wards, special administrative regions as stipulated in Clause 1 of Article 12 of Decision No. 155/2007/QĐ-TTg dated September 25, 2007 shall be carried out by the Chairman of the Commune People's Committee. If coordination is ineffective or if the prostitution hotspot is too complex, the Chairman of the Commune People's Committee in the border area shall report to the Chairman of the Provincial People's Committee to direct resolution according to their authority.

Chapter III
DETERMINATION OF COMPETENCE IN THE FIELD OF CHILDREN

Article 16. Competence to implement support and intervention plans

The competence to carry out tasks to request the competent People's Court to issue decisions limiting the rights of parents or caregivers of children or temporarily separating children from their parents or caregivers and applying substitute care measures as stipulated in Clause 3 of Article 52 of the Children Law shall be carried out by the Chairman of the Commune People's Committee.

Article 17. Competence to establish and issue operation registration certificates for child protection service providers

The competence to establish public child protection service providers and issue operation registration certificates for other child protection service providers operating within the commune territory as stipulated in Clause 3 of Article 57 of the Children Law shall be carried out by the Chairman of the Commune People's Committee.

Article 18. Competence to decide on substitute care

1. The competence to carry out the following substitute care tasks shall be carried out by the Chairman of the Commune People's Committee:

a) Receiving, establishing, storing, updating, and managing lists of individuals and family representatives who have registered to provide substitute care; coordinating the selection of individuals and families to provide substitute care in accordance with Clause 2 and Clause 3 of Article 65 of the Children Law;

b) Deciding to transfer children to social assistance facilities under the management of the commune to provide substitute care in accordance with Clause 2 of Article 66 of the Children Law;

c) Transferring children currently receiving substitute care at social assistance facilities under the management of the commune to individuals or families providing substitute care or adopting families in accordance with Clause 1, Clause 2, and Clause 4 of Article 45 of Government Decree No. 56/2017/NĐ-CP dated May 9, 2017 detailing certain provisions of the Children Law;

d) Monitoring and evaluating substitute care for children at social assistance facilities under its management in accordance with Clause 1 of Article 68 of the Children Law and Article 47 of Government Decree No. 56/2017/NĐ-CP;

đ) Periodically assessing every six months the appropriateness of each case of children receiving substitute care in families within the managed territory, reporting to the Provincial People's Committee to take appropriate supportive and intervention measures in accordance with Clause 2 of Article 68 of the Children Law;

e) Terminating substitute care under its management in accordance with Clause 3 of Article 48 of Government Decree No. 56/2017/NĐ-CP.

2. The competence and tasks regarding substitute care shall be carried out by the Chairman of the Provincial People's Committee:

a) Deciding to transfer children to social assistance facilities under the management of the province to provide substitute care in accordance with Clause 3 of Article 66 of the Children Law;

b) Receiving reports from the Commune People's Committee on the evaluation of the appropriateness of each case of children receiving substitute care in families in accordance with Clause 2 of Article 68 of the Children Law;

c) Receiving lists of individuals and families willing to provide substitute care in accordance with Clause 1 of Article 40 of Government Decree No. 56/2017/NĐ-CP;

d) Transferring children currently receiving substitute care at social assistance facilities under the management of the province to individuals or families providing substitute care or adopting families in accordance with Clause 1, Clause 2, and Clause 4 of Article 45 of Government Decree No. 56/2017/NĐ-CP; đ) Terminating substitute care under its management in accordance with Clause 3 of Article 48 of Government Decree No. 56/2017/NĐ-CP.

Article 19. Transfer of children under substitute care at social assistance facilities to individuals or families providing substitute care, or adopting children as foster children

1. The head of the social assistance facility shall be responsible for compiling a list (in accordance with Model No. 14 attached to Decree No. 56/2017/NĐ-CP) and file of children who need to find individuals or families providing substitute care as prescribed in Clause 4, Article 38 of Decree No. 56/2017/NĐ-CP, and submitting it to the Chairman of the People's Committee of the province-level administrative unit for facilities under provincial management or the Chairman of the People's Committee of the commune-level administrative unit for facilities under commune management.

2. Within ten working days, the Chairmen of the People's Committees at all levels shall be responsible for reviewing files within their jurisdiction, comparing them with the list of individuals and families registered to provide substitute care to examine and assess the suitability of individuals and families applying to provide substitute care; if deemed suitable, they shall transfer or retain the list and file at the People's Committee of the commune where the individual or family applying to provide substitute care resides.

3. The head of the social assistance facility shall be responsible for coordinating with the Chairman of the People's Committee of the commune where the individual or family providing substitute care resides to inform the situation of the child to the individual or family providing substitute care, organize for the individual or family providing substitute care to meet the child, and bring the child to the home of the individual or family providing substitute care so that the child can get acquainted with the new environment; seek opinions and wishes of the child regarding the individual or family providing substitute care in cases where the child is seven years old or older.

4. Within fifteen working days, the Chairman of the People's Committee of the commune shall review the conditions of the individual or family providing substitute care, and if they meet the conditions, the Chairman of the People's Committee of the commune shall decide to entrust the child to the individual or family providing substitute care. The Chairman of the People's Committee of the commune shall send the decision to entrust the child to the individual or family providing substitute care to the Chairman of the People's Committee of the province or competent authority to serve as the basis for terminating substitute care for the child at the social assistance facility.

5. Policies for children under substitute care and individuals or families providing substitute care shall be implemented in accordance with the provisions of the law on social assistance policies.

6. Procedures for transferring children to be adopted by a family shall be carried out in accordance with the provisions of the law on adoption.

Article 20. Authority to implement community restoration and reintegration for children violating the law

The authority to implement the task of coordinating with relevant agencies and organizations to guide and assist the People's Committee of the commune in implementing support plans, intervention measures, and other appropriate protective measures for children as prescribed in Clause 4, Article 73 of the Children Law shall be carried out by the People's Committee of the province.

Article 21. Procedures for registering to provide substitute care

1. Individuals or families who have the willingness and meet the conditions to provide substitute care for children as prescribed in Clause 2, Article 63 of the Children Law shall register with the Chairman of the People's Committee of the commune where they reside.

2. The Chairman of the People's Committee of the commune shall compile and manage the list of individuals and families registered to provide substitute care who meet the conditions.

3. The Chairman of the People's Committee of the commune shall be responsible for managing the list and coordinating the selection of individuals and families providing substitute care in the locality when there is a need for substitute care for children.

4. Relatives of the child who provide substitute care are not required to register in accordance with Clause 1, Article 65 of the Children Law but must notify the Chairman of the People's Committee of the commune where they reside to issue a decision to entrust substitute care.

Article 22. Procedures for transferring children under substitute care at social assistance facilities to individuals or families providing substitute care

1. The head of the social assistance facility shall be responsible for compiling a list according to Model No. 14 attached to Decree No. 56/2017/ND-CP and the file of children seeking individuals or families to provide substitute care as stipulated in Clause 4, Article 38 of Decree No. 56/2017/ND-CP, and send it to the Chairman of the People's Committee of the province for facilities under provincial management or to the Chairman of the People's Committee of the commune for facilities under communal management.

2. Within ten working days, the Chairmen of the People's Committees at all levels shall be responsible for reviewing files within their jurisdiction, comparing them with the list of individuals and families registered to provide substitute care to examine and assess the suitability of individuals and families applying to provide substitute care; if deemed suitable, they shall transfer or retain the list and file at the People's Committee of the commune where the individual or family applying to provide substitute care resides.

3. The head of the social assistance facility shall be responsible for coordinating with the Chairman of the People's Committee of the commune where the individual or family providing substitute care resides to inform the situation of the child to the individual or family providing substitute care, organize for the individual or family providing substitute care to meet the child, and bring the child to the home of the individual or family providing substitute care so that the child can get acquainted with the new environment; seek opinions and wishes of the child regarding the individual or family providing substitute care in cases where the child is seven years old or older.

4. Within fifteen working days, the Chairman of the People's Committee of the commune shall examine the conditions of individuals or families providing substitute care. If they meet the requirements, the Chairman of the People's Committee of the commune shall decide to transfer children to individuals or families providing substitute care as stipulated in Clause 1, Article 66 of the Law on Children. The Chairman of the People's Committee of the commune shall send the decision to transfer children to individuals or families providing substitute care to the Chairman of the People's Committee of the province or the Chairman of the People's Committee of the commune or the competent authority as a basis for terminating substitute care for children at social assistance facilities.

The transfer of children shall be carried out when there is a substitute care decision from the People's Committee of the commune and a decision to terminate substitute care at social assistance facilities.

Article 23. Procedures for terminating substitute care for cases where children are transferred from social assistance facilities to individuals or families providing substitute care

For cases where children are transferred from social assistance facilities to individuals or families providing substitute care as stipulated in Clause 3, Article 48 of Decree No. 56/2017/ND-CP, within five working days from the date of receipt of the decision to transfer children to individuals or families providing substitute care from the Chairman of the People's Committee of the commune, the authorized individual shall decide to terminate substitute care for children at social assistance facilities and send this decision to the People's Committee of the commune to implement the transfer of children to individuals or families providing substitute care.

Article 24. Authority to carry out tasks related to recognizing communes and wards suitable for children

The authority to carry out tasks related to recognizing communes and wards suitable for children as stipulated in Decision No. 06/QD-TTg dated January 3, 2019 issued by the Prime Minister to establish standards, procedures for evaluation and recognition of communes, wards, and towns suitable for children shall be implemented by the Chairman of the People's Committee of the province, including:

a) Receiving reports from the Chairman of the People's Committee of the commune evaluating the implementation of standards for communes and wards suitable for children;

b) Establishing a Review Board for communes and wards suitable for children, determining scores for each criterion;

c) Examining and signing decisions to recognize communes and wards suitable for children; sending these recognition decisions to communes and wards that meet the criteria for being suitable for children;

d) Summarizing the implementation situation and reporting the results of implementing the Decision to the Ministry of Health.

Chapter IV
DETERMINATION OF AUTHORITY IN THE FIELD OF DISEASE PREVENTION

Article 25. Authority to carry out preventive measures against diseases

1. The authority to carry out the following measures shall be implemented by the Chairman of the People's Committee of the commune:

a) Receiving and preparing an estimate of vaccine needs of the expanded immunization facility in the locality according to Article 7 of Decree No. 104/2016/ND-CP dated March 11, 2016 of the Government detailing regulations on immunization activities amended in 2018 and 2024;

b) Examining and deciding on the application of temporary suspension of operations of public food service establishments according to point a, Clause 3, Article 15 of Decree No. 101/2010/ND-CP dated September 30, 2010 of the Government detailing the implementation of certain provisions of the Law on Prevention and Control of Infectious Diseases regarding the application of quarantine measures, compulsory quarantine, and special disease control measures;

c) Examining and deciding on the application or cancellation of measures to limit gatherings of people or temporarily suspend business and service activities in public places in epidemic areas based on the proposal of the Standing Committee of the Special Task Force for Disease Control at the commune level according to point a, Clause 3, Article 17 of Decree No. 101/2010/ND-CP;

d) Directing the broadcasting on the commune’s radio system with a frequency of three times/day for seven consecutive days regarding the Chairman of the People's Committee of the commune's decision on applying or canceling the temporary suspension of operations of public food service establishments and measures to limit gatherings of people or temporarily suspend business and service activities in public places as stipulated in point a, Clause 1, Article 18 of Decree No. 101/2010/ND-CP;

đ) Deciding the reward amount for commune-level competitions: maximum team prize 5,000,000 VND/prize; maximum individual prize 2,000,000 VND/prize according to point c, Clause 4, Article 9 of Decree No. 24/2020/ND-CP dated February 24, 2020 of the Government detailing certain provisions of the Law on Prevention and Control of Harmful Effects of Alcohol and Beer;

e) Organizing the implementation of measures to strengthen management and ensure food safety for small-scale alcohol production in the managed area according to the division of labor by the Provincial People's Committee as stipulated in point b, Clause 3, Article 25 of Decree No. 24/2020/ND-CP;

g) Reporting to the Provincial People's Committee annually on the results of preventing and controlling harmful effects of alcohol and beer in the managed area according to point e, Clause 3, Article 25 of Decree No. 24/2020/ND-CP.

2. The authority to carry out the following preventive measures shall be implemented by the Chairman of the People's Committee of the province:

a) Examining and deciding on the application or cancellation of measures to limit gatherings of people or temporarily suspend business and service activities in public places in cases where the epidemic occurs in two or more communes based on the proposal of the Standing Committee of the Special Task Force for Disease Control at the provincial level according to point b, Clause 3, Article 17 of Decree No. 101/2010/ND-CP;

b) Direct the announcement on radio stations, television channels, newspapers of the province, and communes for a continuous period of seven days regarding the decision of the Chairman of the Provincial People's Committee on the application or cancellation of the prohibition on trading and using certain types of food and measures to limit large gatherings or temporarily suspend business activities in public places as stipulated in point b, Clause 1, Article 18 of Decree No. 101/2010/NĐ-CP.

Article 26. Supplying vaccines for immunization activities

1. The quantity and type of vaccines used for immunization activities under the Expanded Immunization Program and epidemic prevention immunization activities shall be guaranteed by the State to meet annual needs and shall be stored for six months.

2. Based on the number of people to be vaccinated, time frame, and usage quotas for each type of vaccine, vaccination facilities shall be responsible for preparing the annual forecast of vaccine demand as specified in Clause 1 of this Article and submit it to the management agency at commune level before May 30th of each year for guidance on vaccine distribution under the Expanded Immunization Program.

3. Based on the proposal of vaccine demand from the management agency at commune level, the People's Committee of the province shall be responsible for compiling and submitting the demand for approval by the Chairman of the Provincial People's Committee and sending it to the Ministry of Health before June 30th of each year to develop plans for vaccine supply and annual immunization activities.

4. In case of local shortages or surpluses of vaccines at vaccination facilities, the People's Committee of the province shall assist the Chairman of the Provincial People's Committee in directing the redistribution of vaccines among facilities within the province to ensure adequate, timely, and continuous supply, and report to the Ministry of Health on the use of vaccines monthly.

5. In case of local shortages or surpluses of vaccines in some provinces, the Minister of Health shall be responsible for directing relevant units to redistribute vaccines among provinces.

Chapter V
DETERMINATION OF AUTHORITY IN THE FIELD OF MEDICAL EXAMINATION AND TREATMENT AND COMPETITION AND REWARD

Article 27. Handling cases where deceased foreign patients have no relatives and their nationality cannot be determined

The authority to handle cases where deceased foreign patients have no relatives and their nationality cannot be determined, as stipulated in Clause 2, Article 95 of Decree No. 96/2023/NĐ-CP dated December 30, 2023, issued by the Government detailing certain provisions of the Law on Medical Examination and Treatment, shall be carried out by the Chairman of the People's Committee of the commune where the medical examination and treatment facility is located.

Article 28. Authority to establish the Commune-level Council

The Chairmen of the People's Committees at the commune, ward, and special zone levels shall be responsible for establishing the Commune-level Council at the commune, ward, and special zone levels to award the titles "People's Doctor" and "Outstanding Doctor" to individuals who are currently working or have worked at healthcare facilities under the management of the People's Committees at the commune, ward, and special zone levels, in accordance with Clause 1, Article 11 of Decree No. 25/2024/NĐ-CP dated February 27, 2024, issued by the Government on the awarding of the titles "People's Doctor" and "Outstanding Doctor". For People's Committees at the commune, ward, and special zone levels that do not meet the conditions to establish a Commune-level Council, they shall submit the award application files to the Commune-level Council at the provincial Department of Health.

The Council shall consist of five to seven members. The composition of the Council includes: The Chairman of the Council, representing the leadership of the People's Committee at the commune level; The Vice-Chairman of the Council, being the head of the specialized agency under the People's Committee at the commune level responsible for state management in health; Members of the Council include the heads of commune-level healthcare facilities; commune-level civil servants responsible for health; commune-level civil servants responsible for competition and reward; and representatives of "People's Doctors" and "Outstanding Doctors" (if any).

Chapter VI
IMPLEMENTING PROVISIONS

Article 29. Effective Date

1. This Decree takes effect from July 1, 2025.

2. This Decree shall cease to be effective from March 1, 2027, except in the following cases:

a) Ministries and agencies equivalent to ministries shall report to the Government to propose and obtain the National Assembly's decision to extend the application period of this Decree in whole or in part;

b) Laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, and resolutions of the Government, and decisions of the Prime Minister which specify the authority, responsibility for state management, procedures, and formalities stipulated in this Decree, adopted or promulgated from July 1, 2025, and become effective before March 1, 2027, shall render the corresponding provisions in this Decree ineffective upon the entry into force of such legal documents.

3. During the period when the provisions of this Decree remain effective, if the provisions on authority, responsibility for state management, procedures, and formalities in this Decree differ from those in related legal documents, the provisions in this Decree shall be followed.

Article 30. Transitional Provisions

Files currently being processed by district-level agencies shall be transferred to agencies according to the division of authority stipulated in this Decree for continued processing in accordance with the procedures already defined in legal documents issued before the effective date of this Decree.