Decree No. 188/2007/ND-CP on the functions, tasks, powers, and organizational structure of the Ministry of Health

DECREE

Regulations on the functions, tasks, powers, and organizational structure of the Ministry of Health

__________________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Considering the proposal of the Minister of Health and the Minister of Home Affairs,

DECREE:

Article 1. Position and Functions

The Ministry of Health is an agency of the Government, performing state management functions for health care and protection of the people's health, including the following areas: preventive medicine; diagnosis and treatment; rehabilitation; medical and forensic examination, forensic psychiatry; traditional medicine; pharmaceuticals; cosmetics; food safety; medical equipment; health insurance; population and family planning; reproductive health; state management of public services within the scope of the Ministry’s jurisdiction.

Article 2. Tasks and Powers

The Ministry of Health shall be responsible for implementing the tasks and powers prescribed in Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies, and the specific tasks and powers set forth below:

1. Submitting draft laws, ordinances, draft resolutions, and draft decrees of the Government to the Government for approval according to the legislative program and plan of the Ministry that has been approved, and other projects concerning areas within the scope of the Ministry’s state management, as assigned by the Government.

2. Submitting to the Prime Minister for approval strategic plans, master plans, long-term plans, five-year plans, annual plans, national target programs, and important projects and works concerning areas within the scope of the Ministry’s state management; and draft decisions and directives of the Prime Minister.

3. Taking the lead, coordinating with the Ministry of Finance, and submitting to the Prime Minister for decision on the national reserve list; organizing the implementation of the national reserve of medicines, chemicals, medical equipment, and means for disease prevention and control, disaster relief, and emergency response in accordance with the provisions of the law.

4. Issuing decisions, directives, and circulars within its authority regarding areas within the scope of the Ministry’s state management.

5. Directing, guiding, inspecting, and organizing the implementation of normative legal documents, strategic plans, master plans, national target programs after they have been approved; organizing information dissemination, propaganda, popularization, and legal education on areas within the scope of the Ministry’s state management and issues related to health.

6. On preventive medicine

a) Submitting to the competent authority for decision or deciding within its authority on the organization and implementation of special measures to prevent and control diseases;

b) Establishing national standards for submission to the competent authority for promulgation and issuing technical classification regulations, professional rules, and national technical standards in the fields of infectious disease prevention and control, HIV/AIDS, social diseases, non-communicable diseases, occupational diseases, accidents and injuries; environmental health, school health, labor hygiene; community nutrition; border health quarantine; chemicals, insecticides, and disinfectants used in household and medical settings;

c) Taking the lead, coordinating with the Ministry of Labor, Invalids, and Social Affairs, and issuing lists of substances requiring strict safety and hygiene requirements at work, and lists of occupational diseases;

d) Issuing, suspending, and revoking certificates of registration for circulation of chemicals, insecticides, and disinfectants used in household and medical settings in accordance with the provisions of the law;

đ) Reviewing the professional content of registration for advertising of chemicals, insecticides, and disinfectants used in household and medical settings;

e) Directing, guiding, inspecting, supervising, and evaluating the implementation of professional regulations and national technical standards in the field of preventive medicine throughout the country;

g) Serving as the permanent representative of the National Committee for HIV/AIDS Prevention and Control, Drug Abuse and Prostitution Prevention and Control; directing, managing, organizing the implementation, and inspecting and evaluating the implementation of HIV/AIDS prevention and control activities nationwide.

7. On diagnosis and treatment and rehabilitation

a) Issuing regulations on conditions, standards, establishment, merger, restructuring, dissolution of healthcare facilities;

b) Establishing national standards for submission to the competent authority for promulgation and issuing technical classification regulations, professional rules, and national technical standards in the fields of diagnosis and treatment, nursing, rehabilitation, medical examination, forensic examination, and forensic psychiatric examination;

c) Reviewing and deciding to allow the application of new techniques in healthcare facilities, nursing homes, rehabilitation centers in accordance with the provisions of the law;

d) Issuing, suspending, and revoking private practice licenses and certificates of eligibility for private medical practice for private hospitals and private medical practice establishments with foreign investment capital in accordance with the provisions of the law;

đ) Directing, guiding, inspecting, and evaluating the implementation of professional regulations and national technical standards for healthcare facilities, rehabilitation centers, medical examination, forensic examination, and forensic psychiatric examination.

8. On traditional medicine

a) Building and submitting to the competent authority for issuance of mechanisms and policies for the inheritance, preservation, development, modernization of traditional medicine, and integration of traditional medicine with modern medicine;

b) Issuing professional rules and national technical standards in the field of traditional medicine;

c) Directing, guiding, and inspecting the implementation of policies and laws on traditional medicine and the integration of traditional medicine with modern medicine;

d) Issuing, suspending, and revoking licenses and certificates of eligibility for private traditional medicine practice for private traditional medicine hospitals and private traditional medicine practice establishments with foreign investment capital in accordance with the provisions of the law.

9. On pharmaceuticals and cosmetics

a) Issuing professional rules and national technical standards in the fields of pharmaceuticals and cosmetics; issuing the Vietnamese Pharmacopoeia and National Pharmaceutical Directory;

b) Issue, suspend, revoke: certificates for practicing pharmacy for individuals applying to practice pharmacy with foreign investment capital; certificates confirming eligibility to operate pharmaceutical businesses for pharmaceutical production facilities, drug storage service facilities, drug testing service facilities; drug circulation permits; drug export and import permits; certificates confirming compliance with Good Manufacturing Practice (GMP), Good Laboratory Practice (GLP), Good Storage Practice (GSP), Good Clinical Trial Practice, Good Cultivation and Harvesting Practice of medicinal materials standards; permits for foreign enterprises supplying drugs to Vietnam to conduct activities related to drugs in accordance with the provisions of the law;

c) Manage drug and cosmetic quality; guide and inspect the implementation of legal regulations on cosmetic quality declaration; prevent and combat the production, circulation of counterfeit and substandard drugs and cosmetics, and prevent and combat the smuggling of drugs and cosmetics;

d) Review the professional content of information and advertising registration for drugs;

đ) Take the lead and coordinate with the Ministry of Finance and other relevant ministries and sectors in state management of drug prices, using measures to stabilize market prices; organize the implementation and decide on the use of circulating drug reserves;

e) Direct, organize guidance on the rational, safe, and effective use of drugs;

g) Direct, guide the organization of implementation and inspection, evaluation of the implementation of legal regulations in the field of pharmaceuticals and cosmetics;

10. On food safety and hygiene

a) Develop and submit to competent authorities for publication national technical standards on food safety and hygiene; issue national technical regulations on food safety and hygiene within the scope of the Ministry's state management;

Direct, guide, and organize the implementation of national standards and national technical regulations on food safety and hygiene;

b) Issue lists and set conditions for food safety and hygiene for: high-risk foods; irradiated foods and radiation dose limits; genetically modified foods; food additives, food processing aids, and foods directly affecting health;

c) Set conditions for food safety and hygiene in food processing, use, and dining hygiene for restaurants, hotels, supermarkets, collective kitchens, street food vendors;

d) Take the lead and coordinate with relevant ministries and sectors in setting limits for contaminants in food products (pathogenic microorganisms, chemicals harmful to human health); analyze and assess food contamination risks; prevent and address food poisoning and foodborne diseases;

đ) Issue, suspend, revoke certificates confirming compliance with food safety and hygiene conditions for production and business establishments regarding: functional foods, vitamin-enriched foods, dietary supplements, food additives, natural mineral water, cigarette tobacco; health certificates for food products for export;

e) Confirm declarations of product standards for: bottled natural mineral water, cigarette tobacco, functional foods, vitamin-enriched foods, dietary supplements, imported food additives, food processing aids, raw materials or products that have undergone high-temperature treatment according to the law; recognize and certify Hazard Analysis and Critical Control Point (HACCP) systems, Good Laboratory Practice (GLP), Good Hygiene Practice (GHP), and other issues related to food under the Ministry's state management as stipulated by law;

g) Receive and review the professional content of advertising registration for food and food additives submitted by the Ministry of Health for the declaration of food safety and hygiene quality standards; inspect, audit, and handle information related to food safety and hygiene concerning health;

h) Specify criteria and review the recognition of laboratories meeting conditions to test, experiment, and perform tests related to food safety and hygiene;

i) Take the lead and coordinate with specialized ministries to manage imported food products, designate inspection agencies for imported food safety and hygiene or recognized testing laboratories to perform related tests;

k) Direct, guide, inspect, supervise, and evaluate the implementation of legal regulations on food safety and hygiene; carry out specialized inspections on food safety and hygiene;

l) Serve as the permanent agency of the Inter-Ministerial Steering Committee for Food Safety and Hygiene and make the highest conclusions on food safety and hygiene;

11. On medical equipment and healthcare facilities

a) Develop and submit to competent authorities for publication national technical standards on medical equipment. Issue professional guidelines and national technical standards on medical equipment;

b) Issue standard equipment lists for healthcare units and facilities;

c) Issue, suspend, revoke import permits for medical equipment directly affecting health according to the Ministry of Health's list; accept quality declaration applications for medical equipment products; review the professional content of information and advertising registration for medical equipment according to the law;

d) Direct, guide, inspect, and supervise the implementation of legal regulations on medical equipment;

đ) Take the lead and coordinate with relevant agencies in researching and issuing design standards and models for healthcare facilities;

e) Guide, inspect, and supervise the implementation of construction projects within the Ministry's jurisdiction;

12. On population - family planning and reproductive health

a) Take the lead and coordinate with relevant agencies to submit to the Government for approval population policies, including: population size, population structure, distribution, and population quality;

b) Establish national standards on population - family planning and reproductive health, submit to competent authorities for publication; issue a system of indicators and reports on population, technical zoning regulations, professional rules, and national technical standards for reproductive health care services, family planning, maternal health, child health, adolescent health, youth health, and elderly health. Direct, guide, inspect the implementation;

c) Review and approve the provision of advisory services by facilities providing advisory services on population - family planning in accordance with the law;

d) Review and approve medical facilities to perform gender reassignment procedures and scientific childbirth methods as prescribed by law;

đ) Direct, organize the implementation, guide, inspect, and evaluate the implementation of policies and programs, projects, models related to population - family planning, reproductive health care;

13. On health insurance.

a) Take the lead and coordinate with relevant ministries and sectors to develop and submit to the Government for issuance of legal regulatory documents, mechanisms, and policies on health insurance;

b) Issue regulations, professional rules, and national technical standards on health insurance;

c) Issue lists of medicines, medical supplies, and technical service items covered by the health insurance fund;

d) Direct, guide, and inspect medical facilities, organizations, and individuals in implementing laws on health insurance;

14. On healthcare workforce training.

a) Submit to the Prime Minister for approval the planning and development plan for the healthcare workforce training system and special mechanisms and policies for training and utilizing healthcare personnel;

b) Submit to competent authorities for issuance of national technical standards on infrastructure, human resources, equipment, and teaching aids of healthcare workforce training facilities, provide guidance, and organize the implementation;

c) Direct the development of training programs and curricula for healthcare personnel within the healthcare training system, including regular, non-regular, and continuous training programs; Manage the content and curriculum of teaching in accordance with the law;

d) Develop and implement plans for professional and vocational training for healthcare civil servants and cadres, and train and develop the teaching cadre for healthcare personnel at central and local levels;

đ) Manage postgraduate specialty training in the healthcare sector, including Specialist 1, Specialist 2, and Resident Physician programs. Guide the development, review, issuance, and supervision of the implementation of training programs in accordance with the law;

e) Manage medical universities, pharmaceutical universities, and institutions under the health sciences cluster in accordance with the Government and Prime Minister's regulations;

15. On science and technology.

a) Establish professional rules and national technical standards on the evaluation, acceptance, and application of scientific research results in the healthcare sector; regulations on clinical drug trials, medical equipment testing, and ethical guidelines in biomedical research;

b) Develop short-term and long-term plans and direct the implementation of scientific research and the application of technological advancements in areas under the Ministry of Health's management, including healthcare management and policy;

c) Develop and direct the implementation of plans and regulations on the application and development of healthcare information technology; stipulate conditions for operating healthcare IT on the internet;

d) Implement agreements on technical barriers in trade (TBT) in the healthcare sector and participate in the question-and-answer system on technical barriers in economic integration in healthcare;

16. Manage healthcare specialist civil servant ranks in accordance with the law:

a) Submit to competent authorities for issuance and provide guidance on special recruitment, management, and utilization policies for healthcare personnel;

b) Organize examinations to promote the rank of healthcare specialists from Doctor, Pharmacist, and equivalent ranks to Senior Doctor, Senior Pharmacist, and equivalent ranks, and from senior ranks to advanced ranks in accordance with the law;

c) Issue professional standards and job descriptions for positions and ranks of civil servants and the structure of healthcare specialist civil servant ranks after receiving the review opinion of the Ministry of Home Affairs;

17. On representing state ownership interests in state-owned enterprises.

a) Develop restructuring, organizational reform, and ownership conversion plans for state-owned enterprises under its jurisdiction, submit to the Prime Minister for decision, and direct and organize the implementation of the plan after approval;

b) Approve or submit to the Prime Minister for approval the Articles of Organization and Operation, appointment, and removal of Board members, managerial staff, and chief accountants for state-owned enterprises not yet converted to joint-stock companies under its jurisdiction;

18. Lead and coordinate with relevant ministries and sectors in establishing classification and ranking standards for public health units. Organize the implementation of classification, ranking, and management of activities for public health units directly under the Ministry of Health;

19. Direct, guide, and inspect the management and disposal of medical waste, environmental protection work in healthcare facilities, and environmental protection in funeral activities in accordance with the law;

20. Lead and coordinate with relevant ministries and sectors to prevent, control, rescue, and treat victims in natural disasters and emergencies;

21. Decide specific policies and measures and direct and guide the implementation of operational mechanisms for public service organizations in areas under the Ministry's jurisdiction.

22. Guide and create conditions for associations and non-governmental organizations to participate in activities within the scope of management under the Ministry; inspect the implementation of state regulations on associations and non-governmental organizations, handle or recommend competent state agencies to handle violations of laws by these associations and organizations according to the provisions of the law.

23. Decide and direct the implementation of the overall administrative reform plan of the health sector in accordance with the goals and contents of the overall state administrative reform program approved by the Government and the Prime Minister.

24. Manage organizational structure, staffing, cadres, civil servants, public officials, and implement salary systems and incentive policies, rewards, and disciplinary measures for state cadres, civil servants, and public officials within the scope of management of the Ministry according to the provisions of the law.

25. Implement international cooperation in fields within the scope of state management of the Ministry according to the provisions of the law.

26. Develop and propose financial mechanisms, policies, and solutions for healthcare. Prepare the annual budget estimate of the Ministry; coordinate with the Ministry of Finance to prepare revenue and expenditure budget estimates for the sector and field within the scope of management of the Ministry for submission to the Government for presentation to the National Assembly. Manage, organize the implementation, and settle the state budget according to the provisions. Appraise, approve, and inspect the implementation of investment projects for development within the scope of management of the Ministry and perform other tasks related to managing state assets and financial resources assigned by the State according to the provisions of the law. Implement socialization and mobilize financial resources for healthcare work.

27. Inspect and check the implementation of legal provisions in fields under the Ministry's state management authority for organizations and individuals nationwide. Inspect compliance with policies, laws, and tasks of organizations and individuals directly managed by the Ministry. Resolve complaints, reports, and suggestions from citizens related to fields within the scope of management of the Ministry; organize citizen reception according to the provisions of the law.

28. Perform other tasks and authorities as assigned or delegated by the Government and the Prime Minister.

Article 3. Organizational Structure:

1. Department of Health Insurance;

2. Department of Science and Training.

3. Department of Maternal and Child Health

4. Department of Traditional Medicine.

5. Department of Medical Equipment and Health Facilities.

6. Department of Planning and Finance.

7. Cadre and Civil Servant Organization Department.

8. Legal Affairs Department.

9. Department of International Cooperation.

10. Ministry's Office.

11. Ministry Inspectorate.

12. Center for Preventive Health and Environment.

13. Center for HIV/AIDS Prevention and Control.

14. Center for Examination and Treatment Management.

15. Center for Drug Management.

16. Center for Food Safety.

17. The Ministry of Health's Representative Office in Ho Chi Minh City.

18. General Department of Population and Family Planning.

20. National Health Information Center;

20. The Health and Life Newspaper.

21. Practical Medicine Journal.

22. Pharmacy Journal.

Departments: Cadre and Civil Service Organization, Planning and Finance, International Cooperation, Inspectorate, and the Ministry's Office shall be organized into divisions.

Organizations from Clause 1 to Clause 18 of this Article assist the Ministers in performing state management functions, organizations from Clause 19 to Clause 22 of this Article are subordinate public service units under the Ministry of Health.

The Minister of Health shall submit to the Prime Minister for approval the regulations on functions, tasks, authorities, and organizational structure of the General Department of Population and Family Planning; issue a list of other subordinate public service units of the Ministry of Health.

Article 4. Effective date

This Decree takes effect fifteen days after its publication in the Official Gazette; it abolishes Decree No. 49/2003/NĐ-CP dated December 15, 2003 of the Government on functions, tasks, authorities, and organizational structure of the Ministry of Health, Decree No. 94/2002/NĐ-CP dated November 11, 2002 of the Government on functions, tasks, authorities, and organizational structure of the Committee for Population, Family, and Children, and previous provisions contrary to this Decree.

Article 5. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.