Circular No. 18/2025/TT-BYT stipulates on the delineation of authority of two levels of local government and decentralization in the field of medical examination and treatment issued by the Minister of Health.

CIRCULAR

REGULATIONS ON THE DETERMINATION OF AUTHORITY OF LOCAL ADMINISTRATIONS AT TWO LEVELS AND DELEGATION IN THE FIELD OF MEDICAL EXAMINATION AND TREATMENT

AND DELEGATION IN THE FIELD OF MEDICAL EXAMINATION AND TREATMENT

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        Pursuant to Law on Government Organization dated February 18, 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. Decree No. 42/2025/NĐ-CP dated February 27, 2025 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Health;

        At the proposal of the Director of the Department of Medical Examination and Treatment and the Director of the Health Insurance Department;

        The Minister of Health promulgates this Circular on the determination of authority of local administrations at two levels and delegation in the field of medical examination and treatment.

        Article 1. Scope of Regulation

        This Circular stipulates on the determination of authority of local administrations at two levels and delegation in the field of medical examination and treatment.

        Article 2. Authority for receiving, processing, and managing files for disability assessment examinations

        1. The receiving, processing, and management of files for disability assessment examinations as prescribed in Clause 1, Clause 2 Article 7 and Clause 1, Clause 2 Article 8 of Circular Joint No. 34/2012/TTLT-BYT-BLDTBXH dated December 28, 2012 issued by the Ministry of Health and the Ministry of Labor, Invalids and Social Affairs detailing the procedures for determining the degree of disability by the Medical Expert Board shall be carried out by the provincial Medical Expert Board.

        2. Files requesting the determination of the degree of disability shall be implemented according to the provisions of Article 5 of Circular Joint No. 34/2012/TTLT-BYT-BLDTBXH.

        3. Procedures and steps for implementation:

        a) In cases prescribed in point a Clause 2 Article 15 of the Law on Persons with Disabilities, the Chairman of the Disability Degree Determination Board is responsible for completing one set of files in accordance with the provisions of Clause 1 Article 5 of Circular Joint No. 34/2012/TTLT-BYT-BLDTBXH and transferring the files to the provincial Medical Expert Board within three working days.

        b) In cases prescribed in points b, c Clause 2 Article 15 of the Law on Persons with Disabilities, the Chairman of the Disability Degree Determination Board is responsible for completing one set of files in accordance with the provisions of Clause 2, Clause 3 Article 5 of Circular Joint No. 34/2012/TTLT-BYT-BLDTBXH and transferring the files to the provincial Medical Expert Board within three working days.

        Within ten working days from the date of conclusion by the Board, the Medical Expert Board is responsible for sending one copy of the disability assessment examination report back to the Disability Degree Determination Board at the commune where the subject resides and one copy to the person with disabilities or their legal representative.

        1. The issuance and reissuance of certificates confirming the content of medical examination and treatment service advertisements as prescribed in point c Clause 1 Article 12 of Circular No. 09/2015/TT-BYT dated May 25, 2015 of the Minister of Health on confirming the content of advertisements for special products, goods, and services under the jurisdiction of the Ministry of Health (except for medical examination and treatment facilities directly under the Ministry of Health) shall be carried out by the head of the specialized health administration body under the People's Committee of the province.

        2. Documents, procedures, and steps:

        a) Issuance of new certificates confirming the content of medical examination and treatment service advertisements shall be carried out according to the provisions in Part 1 of the Appendix attached to this Circular.

        b) Reissuance of certificates confirming the content of medical examination and treatment service advertisements in case of loss or damage shall be carried out according to the provisions in Part 2 of the Appendix attached to this Circular.

        c) Reissuance of certificates confirming the content of medical examination and treatment service advertisements in case of changes in the name or address of the organization or individual responsible for the advertisement without changing the content of the advertisement shall be carried out according to the provisions in Part 3 of the Appendix attached to this Circular.

        Article 4. Effective date

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

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

        3. Amend and supplement the following provisions:

        a) Replace the phrase "For districts, counties, towns, cities under provinces" in Clause 4 Article 1 of Circular No. 18/2018/TT-BYT dated August 22, 2018 of the Minister of Health amending and supplementing some articles of Circular No. 52/2017/TT-BYT dated December 29, 2017 of the Minister of Health on prescriptions and prescription of chemical drugs, biological products in outpatient treatment with the phrase "For communes, wards, special zones".

        b) Replace the phrase "island district" in point d Clause 2 column Conditions for payment, Item 15 - Robotic-assisted laparoscopic surgery in List 1 - Medical Services (MS) with specific conditions, ratios, and payment rates specified in Circular No. 35/2016/TT-BYT dated September 28, 2016 of the Minister of Health promulgating the list and payment ratios, conditions for medical services under the scope of health insurance coverage and in Point d Clause 2 Article 7 of Circular No. 01/2025/TT-BYT dated January 1, 2025 of the Minister of Health detailing and guiding the implementation of certain articles of the Health Insurance Law with the phrase "special zone".

        4. District, county, town, city-level health centers when restructured and renamed continue to apply the following regulations in medical examination and treatment under health insurance:

        a) Point d Clause 1 Article 2 of Circular No. 20/2022/TT-BYT dated December 31, 2022 of the Minister of Health promulgating the list, ratios, and conditions for payment of chemical drugs, biological products, radioactive drugs, and markers under the scope of health insurance coverage, amended and supplemented by Clause 4 Article 13 of Circular No. 01/2025/TT-BYT dated January 1, 2025 of the Minister of Health detailing and guiding the implementation of certain articles of the Health Insurance Law;

        b) Point d Clause 1 Article 6 of Circular No. 01/2025/TT-BYT dated January 1, 2025 of the Minister of Health detailing and guiding the implementation of certain articles of the Health Insurance Law.

        5. During the period this Circular takes effect, if the provisions on authority and responsibilities for state management in this Circular differ from those in other Circulars issued by the Minister of Health before July 1, 2025, then the provisions in this Circular shall be followed.

        During the implementation process, if there are any difficulties, organizations and individuals shall promptly report to the Ministry of Health (the Department of Medical Examination and Treatment and the Department of Health Insurance) for consideration and resolution./.