Circular 17/2024/TT-BYT stipulates criteria for classification, conditions for establishment, merger, consolidation, and dissolution of public service units under the healthcare sector issued by the Minister of Health.

CIRCULAR

REGULATIONS ON CRITERIA FOR CLASSIFICATION, CONDITIONS FOR ESTABLISHING, MERGING, CONSOLIDATING, AND DISSOLVING PUBLIC SERVICE UNITS IN THE HEALTH SECTOR

 AND RELATED FIELDS

Pursuant to Decree No. 95/2022/NĐ-CP dated November 15, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

Pursuant to Decree No. 120/2020/NĐ-CP dated October 7, 2020 of the Government stipulating the establishment, restructuring, and dissolution of public service organizations;

The phrase "or examination" is abolished pursuant to Clause 6, Article 8 of Circular No. 15/2025/TT-BVHTTDL dated November 25, 2025, of the Minister of Culture, Sports and Tourism amending and supplementing certain articles of Circulars prescribing job codes, qualification standards, and salary grades for civil servants in the heritage culture, library, grassroots cultural activities, sports, fine arts, art performance, film, and cultural propaganda sectors, which takes effect from January 15, 2026.

The Minister of Health issues this Circular to regulate criteria for classification, conditions for establishing, merging, consolidating, and dissolving public service units in the health sector.

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates criteria for classification, conditions for establishing, merging, consolidating, and dissolving public service units in the health sector including: preventive healthcare; diagnosis, treatment, and rehabilitation; medical, forensic, and forensic psychiatric examination; traditional medicine and pharmacy; medical equipment; pharmaceuticals and cosmetics; food safety; population and reproductive health; other public services within the scope of management by the Ministry of Health.

2. This Circular does not apply to units operating in the health sector under the Ministries of Public Security and National Defense.

Article 2. Principles for Establishing, Merging, Consolidating, and Dissolving Public Service Units in the Health Sector

The establishment, merging, consolidation, and dissolution of public service units in the health sector shall be carried out in accordance with the provisions of Article 4 of Decree No. 120/2020/NĐ-CP dated October 7, 2020, of the Government on the establishment, restructuring, and dissolution of public service units (hereinafter referred to as Decree No. 120/2020/NĐ-CP).

Article 3. Conditions for Establishing Public Service Units

The establishment of public service units in the health sector shall be carried out in accordance with the provisions of points a, c, d, đ of Clause 1, Article 5 of Decree No. 120/2020/NĐ-CP and other conditions prescribed by relevant laws.

Article 4. Conditions for Merging and Consolidating Public Service Units

The merging and consolidation of public service units in the health sector shall be carried out in accordance with the provisions of Clause 2, Article 5 of Decree No. 120/2020/NĐ-CP and other conditions prescribed by relevant laws.

Article 5. Conditions for Dissolving Public Service Units

The dissolution of public service units in the health sector shall be carried out in accordance with the provisions of points a, b, c, d of Clause 3, Article 5 of Decree No. 120/2020/NĐ-CP and other conditions prescribed by relevant laws.

Article 6. Criteria for Classifying Public Service Units

1. Classification based on functions and tasks:

a) Public service units serving state administration include: strategic research and policy studies; information dissemination and propaganda of Party guidelines and state policies; application and development of information technology, digital transformation, and other public service activities serving state administrative functions in the health sector as prescribed by law;

b) Public service units providing public services in the health sector as stipulated in Article 1 of this Circular;

c) Public service units serving state administrative functions and providing public services are units performing one or more functions and tasks specified in points a and b of this clause.

Determining the type of public service unit in this clause is based on the functions and tasks of the public service unit approved by the competent authority.

2. Classification based on financial autonomy level:

a) Public service units that self-fund regular expenses and investment expenses;

b) Public service units that self-fund regular expenses;

c) Public service units that partially self-fund regular expenses;

d) Public service units where regular expenses are guaranteed by the State.

The determination of the level of financial autonomy of public service units in the health sector as stipulated in this clause shall be carried out in accordance with the provisions of Decree No. 60/2021/NĐ-CP dated June 21, 2021, of the Government on the financial autonomy mechanism of public service units and relevant laws.

3. Classification based on the competent authority for establishment:

a) Public service units established within the purview of the Government;

b) Public service units established within the purview of the Minister of Health;

c) Public service units established within the purview of the People's Committees of provinces and centrally-administered cities;

d) Public service units established by other subjects as prescribed by law.

Article 7. Effective Date

1. This Circular takes effect from November 15, 2024.

2. In case the regulatory legal documents cited in this Circular are amended, supplemented, or replaced, they shall be applied according to the amended, supplemented, or replacement documents.

Article 8. Responsibility for Implementation

1. The People's Committees of provinces and centrally-administered cities are responsible for directing the implementation of this Circular.

2. Heads of units under the Ministry of Health; Directors of Health Departments of provinces and centrally-administered cities; heads of public service units in the health sector and related agencies and organizations are responsible for implementing this Circular. During the implementation process, if there are difficulties, they are advised to report to the Ministry of Health (through the Department of Organization and Cadres) for guidance or consideration and resolution.

During the implementation process, if there are difficulties, they are advised to report to the Ministry of Health (through the Department of Organization and Cadres) for guidance or consideration and resolution./.