Circular No. 16/2025/TT-BYT stipulates the division of authority between two levels of local government in the field of mothers and children, issued by the Minister of Health.

CIRCULAR

REGULATIONS ON THE DELINEATION OF AUTHORITY BETWEEN TWO LEVELS OF LOCAL ADMINISTRATION IN THE FIELD OF MATERNITY AND CHILDREN

Pursuant to the Law on Government Organization 2025;

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

Pursuant to Decree No. 42/2025/NĐ-CP dated February 27, 2025 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

At the proposal of the Director of the Maternal and Child Health Department;

The Minister of Health issues this Circular to regulate the delineation of authority between two levels of local administration in the field of maternity and children.

Article 1. Implementation of the reporting system for the results of the Month of Action for Children

1. The authority to receive reports on the results of the Month of Action for Children as stipulated in Clause 1, Article 5 of Circular No. 28/2019/TT-BLDTBXH dated December 26, 2019, guiding the organization of the Month of Action for Children, shall be implemented by the People's Committee at the provincial level.

2. Procedure: The People's Committee at the commune level shall submit the report on the results of the Month of Action for Children to the People's Committee at the provincial level before July 20 each year.

Article 2. Implementation of the reporting system for the results of organizing children's forums

1. The authority to receive reports on the results of organizing children's forums as stipulated in Clause 4, Article 14 of Circular No. 29/2019/TT-BLDTBXH dated December 26, 2019, guiding the organization of children's forums, shall be implemented by the People's Committee at the provincial level.

2. Procedure: The People's Committee at the commune level shall aggregate and submit the report on the results of organizing children's forums to the People's Committee at the provincial level within 15 days from the end date of the children's forum.

Article 3. Implementation of regulations on alternative care for children

1. Receiving lists and files of children currently being cared for at facilities who have a need for alternative care:

a) Every six months, the head of social assistance facilities shall be responsible for compiling lists and files of children currently being cared for at the facility who have a need for alternative care and transferring them to the Chairman of the People's Committee at the provincial level and the Chairman of the People's Committee at the commune level for approval according to their management authority, serving as a basis for finding individuals and families willing to provide alternative care for children;

b) The Chairman of the People's Committee at the commune level where the individual or family wishing to provide alternative care resides shall be responsible for receiving the list and file of children with a need for alternative care transferred by the Chairman of the People's Committee at the provincial level and the Chairman of the People's Committee at the commune level managing the social assistance facility according to their approval authority, and assigning personnel working in child protection at the commune level to carry out activities supporting alternative care for children as prescribed.

2. Determining children eligible for alternative care:

The authority to determine children eligible for alternative care as stipulated in Clause 2, Article 5 of Circular No. 14/2020/TT-LDTBXH dated November 28, 2020, guiding the implementation of regulations on alternative care for children, shall be exercised by the Chairman of the People's Committee at the provincial level or the Chairman of the People's Committee at the commune level according to their management authority.

3. Advising individuals and families selected to be on the list for providing alternative care:

The authority to advise individuals and families selected to be on the list for providing alternative care as stipulated in Clause 3, Article 7 of Circular No. 14/2020/TT-LDTBXH shall be carried out by health sector agencies under the People's Committee at the provincial level, the People's Committee at the commune level, and child protection service providers.

4. Coordinating the provision of alternative care:

a) The authority to coordinate the provision of alternative care for children as stipulated in Clause 4, Article 7 of Circular No. 14/2020/TT-LDTBXH shall be carried out by the People's Committee at the commune level.

b) The procedure is as follows:

- The People's Committee at the commune level shall conduct reviews and compile lists of individuals and families with a need for alternative care;

- Monthly, information about children and individuals and families providing alternative care who have been selected shall be communicated to the People's Committee at the commune level where the individuals and families with a need for alternative care reside, to continue providing alternative care for children as prescribed.

5. Receiving requests for connection and referral services for children:

The authority to receive requests for connection and referral services for children at the commune level and to coordinate and connect assistance for children to access services according to the support and intervention plan for children as stipulated in Point b, Clause 1, Article 10 of Circular No. 14/2020/TT-LDTBXH shall be carried out by the People's Committee at the commune level.

6. Responsibility for implementing tasks stipulated in Clause 2, Article 15 of Circular No. 14/2020/TT-LDTBXH shall be carried out by the People's Committee at the commune level.

Article 4. Implementation provisions

Article 32. Responsibilities of Agencies

2. This Circular shall cease to be effective from March 1, 2027.

3. During the effective period of this Circular, if the provisions regarding authority and state management responsibilities in this Circular differ from those in other Circulars issued by the Minister of Health prior to July 1, 2025, then the provisions of this Circular shall apply./.