Decision No. 2442/2001/QD-BYT on the issuance of the "Regulation on Inspection, Audit, Complaints and Petitions Handling Work of the Head of Health Administrative Bodies"

Pursuant to …;

Regarding the issuance of the "Regulation on Inspection, Audit, and Handling of Complaints and Reports by the Head of Health Administrative Agencies"

 of the Head of Health Administrative Agencies

___________________

THE MINISTER OF HEALTH

Pursuant to the Law on Complaints and Reports dated December 11, 1998;

Pursuant to the Ordinance on Audit dated April 1, 1990;

Pursuant to Decree No. 68/CP dated October 11, 1993 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Health;

Pursuant to Decree No. 244/HĐBT dated June 30, 1990 of the Council of Ministers (now the Government) on the organization of the State Audit System and measures to ensure audit activities;

Pursuant to the Regulation on State Audit in Health issued together with Decree No. 23/HĐBT dated January 24, 1991 of the Council of Ministers (now the Government).
At the proposal of the Director of the Audit Department of the Ministry of Health,

DECISION:

Article 1. Issued along with this Decision is the "Regulation on Inspection, Audit, and Handling of Complaints and Reports by the Head of Health Administrative Agencies".

Article 2. THIS DECISION SHALL TAKE EFFECT 15 DAYS FROM THE DATE OF SIGNATURE.

Article 3. The Directors of the Office, Heads of Departments, Heads of Bureaus, the Director of the Audit Department of the Ministry, and the Heads of subordinate units under the Ministry of Health shall be responsible for implementing this Decision.

 REGULATIONS

INSPECTION, AUDIT, AND HANDLING OF COMPLAINTS AND REPORTS

 BY THE HEAD OF HEALTH ADMINISTRATIVE AGENCIES
(Issued together with Decision No.: 2442/2001/QĐ-BYT dated June 25, 2001 of the Minister of Health regarding the issuance of the Regulation on Inspection, Audit, and Handling of Complaints and Reports by the Head of Health Administrative Agencies)

PART I

GENERAL PROVISIONS

Article 1. The Head of Health Administrative Agencies shall be responsible for organizing and implementing inspection and audit systems to monitor the execution of tasks, plans, policies, laws, and handling of complaints and reports (KNTC) within their jurisdiction within their agencies and units; implementing requirements, recommendations, and decisions from audit organizations, audit teams, auditors, or competent state authorities; creating conditions for the People's Audit Board within their agency to operate and promptly reviewing and resolving requests and recommendations from the People's Audit Board according to the provisions of the law.

Article 2. This regulation stipulates the work of inspection and audit of the implementation of policies, laws, assigned tasks according to regular and sudden plans by the Head of Health Administrative Agencies towards organizations and individuals under their management. In cases of inspection and resolution of incidents, the Head of Health Administrative Agencies must establish an Audit Team and implement according to the "Regulation on the Operation of the Audit Team" pursuant to Decision No. 1776/TTNN dated December 21, 1996 of the National Inspectorate.

Article 3.

The health agencies referred to in this regulation are production and business units, administrative and service units directly under the Ministry of Health.

Auditors of the Head of Health Administrative Agencies referred to in this regulation are officials assisting the Head of Health Administrative Agencies in organizing and implementing supervision, inspection systems according to the responsibility of the Head of Health Administrative Agencies as stipulated in Article 1 of this regulation.

Chapter II

INSPECTION AND AUDIT WORK BY THE HEAD OF HEALTH ADMINISTRATIVE AGENCIES

Article 4. Responsibilities for inspection and audit:

1. Organizations and individuals under the health agency have the responsibility to self-inspect compliance with policies, laws, assigned tasks, duties, and plans, and to accept inspection and audit by the Head of the Agency, health management levels, and competent state authorities.

2. Heads of Departments, Divisions, Sections, Faculties, Workshops... of the agency (hereinafter referred to as Heads of Units) regularly, periodically, or suddenly inspect the performance of assigned responsibilities by staff, civil servants, and employees under their direct management.

3. The Head of the Health Administrative Agency has the responsibility to organize and direct the implementation of inspection, audit work, the execution of policies, laws, assigned tasks according to regular or sudden plans, and the handling of complaints and reports within their management authority.

Article 5. Contents of inspection, audit, and handling of complaints and reports:

1. Compliance with national policies and laws related to health activities.

2. Implementation of functions and tasks of the agency and units and the duties of health sector staff, civil servants, and employees in managing resources and professional procedures and regulations.

3. Direction and organization of the implementation of assigned tasks according to plans (annually, quarterly, monthly) by organizations and individuals under the management of the Head of the Agency.

4. Organization of democratic practices at the agency and unit level; Implementation of citizen reception work, complaint and report examination and resolution.

5. Implementation of recommendations, conclusions, and regulations on inspection, audit, and rectification of weaknesses and violations discovered during previous inspections and audits.

Article 6. Procedures for inspection, audit, and handling of complaints and reports:

The Head of the Health Administrative Agency directly organizes and directs inspection, audit, and complaint and report handling work:

1. Heads of Units of the agency and auditors assist the Head of the Agency in developing annual inspection and audit plans and notifying these plans to subordinate units and staff, civil servants, and employees of the agency.

2. Guide units and staff, civil servants, and employees to proactively implement inspection and audit work plans according to their assigned functions, tasks, and responsibilities.

3. Conduct inspections, audits, and re-inspections:

- Inspected entities must report on their self-inspection results regarding the implementation of policies, laws, assigned tasks, and plans, and the superior inspection and audit plan concerning themselves and their units; clearly stating achievements, shortcomings, reasons for not achieving, corrective measures, and timeframes for rectifying deficiencies and violations.

- The Head of the Health Administrative Agency will organize inspections and audits of Heads of Units and staff, civil servants, and employees on the contents of inspection and audit (as stipulated in Article 5) according to the agency's inspection and audit plan directed at the beginning of the year, evaluate strengths and weaknesses, causes of weaknesses and violations, issues needing rectification, and clearly state corrective measures and timeframes.

- Report the results of inspection and audit to the Head of the management agency and the Inspectorate of the Ministry of Health. If violations of laws by organizations or individuals are discovered, report to the Head of the agency to proceed with the necessary procedures to transfer the case file to competent law enforcement agencies. Monitor and urge the implementation of decisions, recommendations following inspections and audits, and handle complaints and denunciations.

Maintain and manage inspection, audit, re-audit, and complaint resolution files.

Chapter III

INSPECTORS OF THE HEAD OF HEALTH AGENCIES

Article 7. Inspectors of the Head (hereinafter referred to as Inspectors of the Head) are civil servants within the establishment of health agencies appointed by the Head of the agency to concurrently perform the inspection duties of the Head, subject to direct management and direction by the Head of the agency regarding inspection work, and subject to management, guidance, and professional direction by the Inspectorate of the Ministry of Health.

Article 8.

1. Inspectors of the Head must be honest, straightforward, and incorruptible; possess firm political qualities and resolve; have professional expertise, understand practical situations, be well-versed in Party policies, State laws, and management operations; and receive training in inspection procedures.

2. Inspectors of the Head must be familiar with the functions and tasks of the agency and units within it; the responsibilities of civil servants and employees in the agency and units; the inspection and complaint resolution tasks of the sector and agency; and the plans and implementation status quarterly and annually of the agency and units.

Article 9. Inspectors of the Head have responsibilities and tasks:

1. Responsibilities:

Assist the Head of the agency in developing and implementing plans for inspection and audit work and complaint resolution within the authority of the Head of the agency.

When authorized by the Head of the agency, organize inspections of units and individuals under the management of the Head of the agency concerning the implementation of inspection and audit plans and complaint resolution according to the law.

2. Tasks:

2.1. Develop annual, quarterly, and monthly plans for inspection and audit work and complaint resolution, submit them to the Head of the agency for approval, and urge their implementation. Inspection and audit plans should clearly state objectives, contents, subjects, methods, and timeframes.

2.2. Organize the implementation of plans for inspection and audit work and complaint resolution, and other related activities according to the Head of the agency's directives. Announce the plan's content at the beginning of the year to units and civil servants and employees in the agency; require units to implement management operations and self-inspection; guide the organization of inspections and audits, ways to consider and resolve complaints, and methods to handle other related matters assigned by the Head of the agency at the grassroots level of the agency.

2.3. Urge and supervise the implementation of inspection and audit plans and complaint resolution by units within the agency. When authorized by the Head of the agency, organize inspection teams to re-audit the implementation of these plans. Urge the implementation of decisions made after inspections and audits by the Head of the agency.

2.4. Assist the Head of the agency in organizing and directing citizen reception, complaint resolution involving civil servants and employees and unit functions and tasks according to the law and guidelines from the Ministry of Health.

a. Propose the establishment of citizen reception organizations and bases of the agency. Develop and urge the implementation of the Head of the agency and unit leaders' citizen reception schedules. Organize permanent citizen reception services of the agency; record citizen receptions; urge the implementation of decisions resolving citizens' opinions after reception periods. Report citizen reception outcomes to the Head of the agency and the Inspectorate of the Ministry of Health.

b. Receive and propose solutions for complaints and denunciations involving civil servants and employees and agency functions and tasks according to the law and guidelines from the Ministry of Health.

2.5. Summarize and prepare reports on the operation of inspection and audit work to implement policies, laws, assigned tasks, and plans; citizen reception and complaint resolution work at the agency, to be reported to the Head of the agency for submission to higher-level management agencies and the Inspectorate of the Ministry of Health as prescribed.

Article 10. Inspectors of the Head have powers:

1. Propose inspection plans for agency activities.

2. Propose and participate in meetings discussing the development of inspection work plans, mid-term reviews, summaries, commendations, and disciplinary actions of the agency; providing professional guidance, implementing superior policies, laws, tasks, and plans within the agency.

3. Participate in inspection teams of the agency and units; participate in inspection teams of the Inspectorate of the Ministry of Health when requested.

4. Urge and inspect the implementation of conclusions, recommendations, and decisions of inspection organizations, inspection teams, or inspectors concerning the agency and units; the examination and recommendation for handling complaints and denunciations assigned by the Head of the agency.

5. Recommend to the Head of the agency forms of handling organizations and individuals within the agency who violate laws and measures to strengthen the management of the Head of the agency.

Article 11The relationship of Inspectors of the Head:

1. With the Head of the agency:

Inspectors of the agency Head are directly managed by the Head of the agency regarding inspection and audit work and citizen complaint resolution within the agency; they can propose their opinions and comply with the Head's decisions.

2. With unit Heads of the agency:

2.1. Collaborate to gather information to identify positive aspects and negative manifestations in various agency activities, jointly proposing management measures to prevent negative phenomena and illegal acts within the agency to the Head of the agency.

2.2. Urging, supervising, and inspecting the implementation of inspection work and compliance with recommendations and decisions of Heads of agencies and state agencies regarding organizations and individuals with violations within the unit.

2.3. Inspecting and auditing cases (as decided by the Head of the agency).

3. For the People's Inspectorate Board:

3.1. Cooperating in monitoring the implementation of policies, laws, regulations of the Minister, and internal rules of the agency for organizations and individuals within the agency; monitoring the handling of complaints and petitions by the Head of the agency; recommending to the Head of the agency measures to inspect signs of law violations and rewarding individuals and units with achievements, dealing with law violations, and rectifying management shortcomings.

3.2. Cooperating in conducting audits according to the decision of the Head; monitoring organizations and individuals within the agency to implement recommendations and audit decisions.

3.3. Advising the Head of the agency to request the Ministry of Health Inspectorate to provide guidance on auditing procedures for the People's Inspectorate Board of their own agency.

4. For Mass Organizations (Trade Union, Ho Chi Minh Communist Youth Union, Women's Office):

4.1. Participating together in monitoring the implementation of policies, laws, and management activities of the agency.

4.2. Cooperating in implementing regular legal education plans, strengthening management activities of mass organizations and the agency so that all cadres, civil servants, and employees perform their duties well and work with discipline.

5. For the Ministry of Health Inspectorate:

5.1. Being subject to professional guidance on auditing work from the Ministry of Health Inspectorate.

5.2. Cooperating in organizing and implementing inspection and auditing activities of the Ministry of Health Inspectorate.

5.3. Attending meetings, summaries, and training sessions on auditing procedures organized by the Ministry of Health Inspectorate.

Chapter IV

IMPLEMENTING PROVISIONS

Article 12. The Chief Inspector of the Ministry of Health is responsible for guiding and inspecting the implementation of this Regulation.

Article 13. Heads of subordinate units under the Ministry are responsible for organizing the implementation of this Regulation; the Head of the agency shall reward individuals with achievements in implementing this Regulation and take appropriate disciplinary actions according to current laws for those who do not comply with its provisions.

Article 14. During the implementation process, this Regulation will be reviewed and amended when there are issues that do not fit the reality or new legal provisions.