✦ Smart summary
This Circular guides the inspection, supervision, and complaint, accusation resolution work of the head of health agencies, applicable to units under the health sector. It provides detailed regulations on responsibilities, contents, principles, and procedures for implementing inspection, supervision, and complaint, accusation resolution work.
Scope of application
Health agencies directly under the Ministry of Health, administrative and service units and production and business units of the health sector, including Hospitals, Research Institutes, Academies, Medical Schools, Population and Family Planning Sub-Councils (DS-KHHGĐ), Food Safety Sub-Councils (ATVSTP).
Key points
- The Inspectors of the head of health agencies are responsible for assisting the head in organizing and implementing inspection work according to the plan.
- The head of health agencies is responsible for organizing and directing inspection, supervision, complaint, and accusation resolution work.
- Inspection and supervision work includes compliance with policies and laws, performance of functions and tasks of the unit and its staff members.
- The principle of conducting inspections and supervision is to report the results of self-inspection and evaluation, clearly stating the achievements, shortcomings, causes, and corrective measures.
- The Inspector of the head has the right to propose inspection plans and participate in meetings regarding the establishment of inspection work plans.
🌐 Social impact of this document
- Positive impact: Enhance the effectiveness of management and oversight of health agency activities, improve the quality of healthcare services.
- Negative impact: May impose a burden on time and effort for units in carrying out inspections and supervision.
❓ Frequently asked questions
What are the responsibilities of the head of health agencies?
The head of health agencies is responsible for organizing and directing inspection, supervision, complaint, and accusation resolution work according to regular and ad hoc plans.
What are the authorities of the Inspector of the head?
The Inspector of the head has the right to propose inspection plans, participate in meetings regarding the establishment of inspection work plans, and guide professional operations.
What does inspection and supervision work include?
Inspection and supervision work includes compliance with state policies and laws, performance of functions and tasks, and management of resources and professional processes.
From where does the head of health agencies have the responsibility to resolve complaints and accusations?
The head of health agencies is responsible for organizing and directing the reception of citizens, complaint, and accusation resolution work in accordance with the law.
When does this Circular take effect?
This Circular takes effect 45 days from the date of signature.
Full text
CIRCULAR
Guidelines for inspection, audit, and handling of complaints and reports by the head of health agencies
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Based on the Law on Complaints and Reports dated December 2, 1998; the Law Amending and Supplementing Certain Provisions of the Law on Complaints and Reports in 2004 and 2005;
Based on the Inspection Law dated June 15, 2004;
Based on the Law on Prevention and Combating Corruption dated November 29, 2005;
Based on Decree No. 77/2006/NĐ-CP dated August 3, 2006 of the Government on the organization and operation of Health Inspections;
Based on Decree No. 188/2007/NĐ-CP dated December 27, 2007 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Health;
The Ministry of Health issues guidelines for inspection, audit, and handling of complaints and reports by the head of health agencies as follows:
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation and Applicability
Article 1. This Circular guides the inspection, audit, and handling of complaints and reports by the head of health agencies.
Article 2. This Circular applies to production and business units, administrative and service organizations under the Ministry of Health, health agencies under provincial health departments, Population and Family Planning Centers (DS-KHHGĐ), Food Safety and Hygiene Control Centers (ATVSTP).
Article 2. Interpretation of Terms
In this Circular, the following terms shall be understood as follows:
Clause 1. Health inspection officers of the head of health agencies (referred to as the head's inspectors) are individuals assigned the responsibility to assist the head of health agencies in organizing and implementing supervisory, inspection, and audit systems according to the responsibilities of the head of health agencies as stipulated in this Circular.
Clause 2. Department heads refer to the Heads of Departments, Directors of Institutes, Deans of Academies, Schools of Medicine and Pharmacy, Population and Family Planning Centers, Food Safety and Hygiene Control Centers.
Clause 3. The head of health agencies refers to Directors, Institute Directors, Deans, Center Chiefs responsible for production and business units, administrative and service organizations under the Ministry of Health, health agencies under provincial health departments, Population and Family Planning Centers, Food Safety and Hygiene Control Centers.
Chapter II
INSPECTION, AUDIT, AND HANDLING OF COMPLAINTS AND REPORTS BY THE HEAD OF HEALTH AGENCIES
Article 3. Responsibilities for inspection and audit
Clause 1. Organizations and individuals within health agencies have the responsibility to self-inspect compliance with policies, laws, assigned tasks, and duties, and to be subject to inspection and audit by the agency head, health management levels, and competent state agencies.
Clause 2. Department heads have the responsibility to self-inspect (regularly, periodically, or unexpectedly) the performance of assigned duties by staff under their direct management.
Clause 3. The head of health agencies has the responsibility to organize and direct the implementation of inspection and audit work (when required to cooperate), compliance with policies, laws, and assigned tasks according to planned periodic and unexpected schedules, and handling complaints and reports within their jurisdiction.
Article 4. Content of inspection, audit, and handling of complaints and reports
Clause 1. Compliance with national policies and laws related to the activities of units under the management of the sector.
Clause 2. Implementation of functions, tasks, powers of the agency and unit, and professional responsibilities of health sector officials, civil servants, and employees regarding the management of resources, professional procedures, and regulations.
Clause 3. Directing and organizing the implementation of assigned tasks by organizations and individuals under the management of the agency head according to plans.
Clause 4. Organizing the implementation of democratic regulations at the grassroots level in the agency and unit; performing citizen reception work, complaint and report resolution work according to legal provisions.
Clause 5. Implementing conclusions and recommendations from inspections and audits and addressing weaknesses and violations identified during previous inspections and audits.
Clause 6. Implementation of the Law on Prevention and Combating Corruption; the Law on Thrift and Anti-Waste, and government and Ministry of Health regulatory documents on the implementation of the Law on Prevention and Combating Corruption and the Law on Thrift and Anti-Waste.
Article 5. Principles, procedures for inspection, handling complaints and reports
The head of the health agency directly organizes and directs inspection, audit, and handling of complaints and reports:
1. Annually, the heads of departments within the agency and the Inspector assist the head of the agency to develop plans for inspection and audit and notify these plans to subordinate units, officials, civil servants, employees, and workers of the agency and units.
2. Guide units and officials, civil servants, employees, and workers within the agency and units to proactively implement inspection and audit work plans according to their assigned responsibilities and tasks.
3. Conduct inspections, audits, re-inspections, and resolution of complaints and reports:
a) Inspection and audit targets must report the results of self-inspection and evaluation of policy and law implementation and assigned tasks; specify the contents achieved, not achieved, reasons, measures, and timeframes for rectification.
b) The head of the health agency organizes inspections and audits of department heads and officials, civil servants, employees, and workers on the inspection and audit contents (as stipulated in Article 5) according to the agency's inspection and audit plan, assess strengths and weaknesses, identify causes of shortcomings and violations, issues needing rectification, clearly state measures and rectification timelines, and report results to the superior agency management head and the Inspectorate of the Ministry of Health and the Inspectorate of the Department of Health as prescribed.
c) If discovering organizations or individuals engaging in illegal acts, report to the superior agency management head and the Inspectorate of the Ministry of Health and the Inspectorate of the Department of Health within their authority for consideration and resolution according to the law.
d) Monitor and urge the implementation of decisions and recommendations following inspections, audits, and resolution of complaints and reports; retain and manage inspection, audit, re-inspection, and complaint and report resolution files.
Chapter III
FUNCTIONS, DUTIES, AND LIMITS OF THE HEAD'S INSPECTOR
Article 6. Inspector of the Head
1. The Inspector of the Head must be honest, straightforward, and incorruptible; possess strong political integrity and professional expertise, understand practical situations, be well-versed in national policies, laws, and state administration management; annually receive training in inspection duties.
2. The Inspector of the Head must thoroughly understand the functions and tasks of the agency and units within it; the responsibilities of officials, civil servants, employees, and workers in the agency and units; the organization and implementation of the agency and unit plans; inspection, audit, and complaint and report resolution work as prescribed.
Article 7. Functions of the Head's Inspector
1. Assist the agency head in developing and implementing inspection and audit work plans and complaint and report resolution work within the head's authority.
2. When authorized by the agency head, have the responsibility to organize inspections and audits of units and individuals under the head's management regarding the implementation of inspection and audit plans and complaint and report resolution work as prescribed by law.
Article 8. Duties of the Head's Inspector
1. Develop annual, quarterly, and monthly plans for inspection, audit, and complaint and report resolution work, submit them to the agency head for approval, and urge the implementation of these plans. Inspection, audit, and complaint and report resolution plans should clearly specify objectives, contents, subjects, methods, and timeframes.
2. Organize and implement inspection, audit, complaint and report resolution work plans and other related activities according to the agency head's directives. Notify the content of the plan at the beginning of the year to units and officials, civil servants, and staff in the agency; require units to implement management work and unit self-inspection; guide the organization of inspections, audits, examination of complaint and report resolution, and other related activities to the Head's inspection work.
3. Urge and supervise the organization and implementation of inspection, audit, and complaint and report resolution plans by units within the agency. When authorized by the agency head, organize inspection teams to re-inspect the implementation of these plans. Urge the implementation of decisions made after inspections and audits by the agency head.
4. Assist the agency head in organizing and directing citizen reception work and resolving complaints and reports related to officials, civil servants, staff, and unit functions and tasks according to the law and guidance from the Ministry of Health as follows:
a) Propose the allocation of a citizen reception room for the agency. Develop and urge the implementation of the agency head and department heads' citizen reception schedules. Organize regular citizen reception activities of the agency and record citizens' opinions. Report citizen reception results to the agency head for direct resolution; if necessary, report to the Inspectorate of the Ministry of Health and the Inspectorate of the Department of Health.
b) Receive and propose solutions to complaints and reports related to officials, civil servants, staff, and unit functions and tasks according to the law and guidance from the Ministry of Health.
5. Assist the agency head in performing anti-corruption prevention and combat duties as prescribed by law.
6. Summarize and prepare reports on the implementation of policy and law, assigned tasks and plans, citizen reception, and complaint and report resolution activities at the agency for submission to the agency head to report to the superior management agency and the Inspectorate of the Ministry of Health and the Inspectorate of the Department of Health as prescribed.
Article 9. Inspection Authority of the Head
1. The inspection of the Head proposes plans for inspecting and supervising activities of the agency.
2. Participates in meetings to discuss the establishment of work plans for inspections, mid-term reviews, final summaries, commendations, and disciplinary actions within the agency; provides guidance on specialized operations, implements policies, laws, tasks, and plans from higher-level agencies within the agency.
3. Participates in inspection teams of the agency or unit; participates in inspection teams of higher-level management agencies or Inspection Teams of the Ministry of Health's Inspectorate, Provincial Health Department's Inspectorate, General Bureau of Population and Family Planning's Inspectorate, and Food Safety and Hygiene Control Bureau's Inspectorate when requested.
4. Urges and checks the implementation of conclusions, recommendations, and decisions of inspection organizations, Inspection Teams, or Inspectors regarding the agency or unit; examines and resolves complaints and denunciations assigned by the agency's Head.
5. Recommends to the agency's Head forms of disciplinary action against organizations and individuals within the agency who violate laws and measures to strengthen the agency's management by the Head.
Chapter IV
RELATIONSHIP OF INSPECTION BY THE HEAD
Article 10. With the Head of the Agency
The inspection of the Head is directly guided by the agency's Head concerning inspection and supervision work, handling complaints and denunciations of citizens within the agency.
Article 11. With Heads of Departments within the Agency
1. Cooperates to gather information to identify positive and negative aspects in the agency's activities, jointly proposing with the agency's Head measures to enhance positive aspects, prevent negative phenomena, and violations of law within the agency.
2. Urges, monitors, and checks the implementation of inspection work and compliance with recommendations and decisions of the agency's Head and higher-level state management agencies regarding organizations and individuals with errors in the unit.
3. Inspects and supervises cases (as decided by the agency's Head).
Article 12. With People's Inspectorate Committees
1. Closely cooperates in monitoring the implementation of state policies and laws.
2. Cooperates to implement case inspections as decided by the Head; monitors organizations and individuals within the agency implementing recommendations and decisions related to inspections.
3. Advises the agency's Head to request the Ministry of Health's Inspectorate, Provincial Health Department's Inspectorate to provide professional guidance to the agency's People's Inspectorate Committee.
Article 13. With Mass Organizations within the Agency (Trade Union, Ho Chi Minh Communist Youth Union, Women's Affairs Board)
1. Cooperates to participate in monitoring the implementation of policies, laws, and management activities of the agency.
2. Cooperates to implement regular legal education plans, strengthening mass organization and agency management so that all cadres, civil servants, and employees fulfill their responsibilities and tasks effectively.
Article 14. With the Ministry of Health's Inspectorate and Provincial Health Department's Inspectorate
1. Accepts professional guidance on inspection work from the Ministry of Health's Inspectorate; Provincial Health Department's Inspectorate.
2. Cooperates to organize the implementation of inspection activities of the Ministry of Health's Inspectorate, Provincial Health Department's Inspectorate, and specialized inspection agencies: General Bureau of Population and Family Planning's Inspectorate; Food Safety and Hygiene Control Bureau's Inspectorate.
3. Attends briefing meetings, summaries, and professional training sessions when convened by the Ministry of Health's Inspectorate, Provincial Health Department's Inspectorate.
4. The Ministry of Health's Inspectorate and Provincial Health Department's Inspectorate are responsible for organizing guidance and checking the implementation of Circulars (training and professional inspection and supervision skills); Regularly reporting work progress every six months and annually; Annually organizing evaluations of the implementation of this Circular.
Chapter V
IMPLEMENTING PROVISIONS
Article 15. This Circular takes effect 45 days from the date of signing;
Repeals Decision No. 2442/2001/QĐ-BYT dated June 25, 2001, of the Minister of Health on the issuance of "Regulations on Inspection, Supervision, Complaint Handling, and Denunciation Resolution Work of Health Agency Heads."
Article 16. The Permanent Secretaries of the Ministry, Department Directors, Bureau Chiefs, General Bureau Chiefs, Chief Inspectors of the Ministry, Heads of subordinate agencies and units under the Ministry of Health, and Provincial Health Department Directors are responsible for implementing this Circular.
During implementation, if there are difficulties or obstacles, agencies and units should promptly report to the Ministry of Health - 138A Giang Vo, Ba Dinh, Hanoi (Inspectorate Office) for study and resolution./.
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↑ Basis & documents that affect this document
Based on 7
09/1998/QH10
Luật Khiếu nại, tố cáo số 09/1998/QH10
Expired
26/2004/QH11
Nghị quyết số 26/2004/QH11 Về việc ban hành Quy chế hoạt động của Uỷ ban Thường vụ Quốc hội
In effect
55/2005/QH11
Nghị quyết số 55/2005/QH11 Về kết quả giám sát việc ban hành văn bản quy phạm pháp luật của Chính phủ, Thủ tướng Chính phủ, Bộ, cơ quan ngang Bộ, Tòa án nhân dân tối cao, Viện Kiểm sát nhân dân tối cao
In effect
77/2006/NĐ-CP
Nghị định số 77/2006/NĐ-CP Về tổ chức và hoạt động của Thanh tra Y tế
Expired
58/2005/QH11
Luật Sửa đổi, bổ sung một số điều của Luật Khiếu nại, tố cáo số 58/2005/QH11
Expired
22/2004/QH11
Luật Thanh tra số 22/2004/QH11
Expired
188/2007/NĐ-CP
Nghị định số 188/2007/NĐ-CP Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Y tế
Expired
17/2009/TT-BYT
Circular No. 17/2009/TT-BYT guides the inspection, supervision, complaint, and accusation resolution work of the head of health agencies.
Expired
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