Decision No. 3238/2004/QĐ-BYT on approving the Program for the dissemination and education of health-related laws from 2004 to 2007.

DECISION OF THE MINISTER OF HEALTH

                             REGARDING THE APPROVAL OF THE PROGRAM ON THE DISSEMINATION AND EDUCATION OF HEALTH LAWS FROM 2004 TO 2007

          laws on health from 2004 to 2007

______________________________

MINISTER OF HEALTH

Pursuant to Decree No. 49/2003/NĐ-CP dated May 15, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

Pursuant to Decision No. 13/2003/QĐ-TTg dated January 17, 2003 of the Prime Minister approving the Program on the Dissemination and Education of Laws from 2003 to 2007;

At the proposal of the Head of the Legal Department - Ministry of Health.

                       Pursuant to …;

Article 1. Approves the Program on the Dissemination and Education of Health Laws from 2004 to 2007.

Article 2. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Article 3. The following officials are responsible for implementing this Decision: Director of the Office, Inspector General, Heads of Departments under the Ministry of Health, Director of the Vietnam National Pharmaceutical Administration, Director of the Food Safety and Control Administration, Heads of units directly under the Ministry of Health, Heads of Health Services, Directors of Provincial Health Services, and Central City Health Services.

PROGRAM

DISSEMINATION AND EDUCATION OF HEALTH LAWS

FROM 2004 TO 2007

(Issued along with Decision No.  3238/2004/QĐ-BYT

dated  16  the  September 2004 of the Minister of Health

I. NECESSITY FOR BUILDING THE PROGRAM ON THE DISSEMINATION AND EDUCATION OF HEALTH LAWS FROM 2004 TO 2007.

1. Legal basis for building the program.

a) Directive No. 32-CT/TW dated December 9, 2003 of the Secretariat of the Communist Party of Vietnam Central Committee on strengthening the leadership of the Party in the work of disseminating and educating laws, enhancing the awareness of law compliance among cadres and people. Circular No. 06/BTP dated June 8, 2004 of the Steering Committee for Law Dissemination and Education of the Government regarding the implementation of Directive No. 32-CT/TW mentioned above.

b) Decision No. 35/2001/QĐ-TTg dated March 19, 2001 of the Prime Minister approving the Strategy for Health Care and Protection of the People's Health for the period 2001-2010.

c) Decision No. 13/2003/QĐ-TTg dated January 17, 2003 of the Prime Minister approving the Program on the Dissemination and Education of Laws from 2003 to 2007.

d) Circular No. 01/2003/TT-BTP dated March 14, 2003 of the Ministry of Justice guiding the implementation of Decision No. 13/2003/QĐ-TTg dated January 17, 2003 of the Prime Minister approving the Program on the Dissemination and Education of Laws from 2003 to 2007.

2. Necessity.

The dissemination and education of laws play an important role in social life, ensuring the effectiveness of normative legal documents. Each normative legal document issued has a scope of regulation and application objects; if these application objects do not understand the provisions they must implement, then that normative legal document cannot be effectively implemented in practice.  The Resolution of the Eighth National Congress of the Communist Party of Vietnam affirmed: "Strengthening the dissemination and education of laws; mobilizing the forces of political and social organizations, occupational groups, and mass media to participate in campaigns to establish order and discipline and regular activities to build living habits and working according to the law in state agencies and society."

 Recognizing the importance mentioned above, over many years, the Ministry of Health has paid attention to the implementation of normative legal documents on health. The work of disseminating and educating health laws has made many efforts in promoting and introducing health policies and laws to cadres and civil servants within and outside the health sector and to the community, meeting part of the requirements for strengthening state management in the field of health through the law. However, the work of disseminating and educating laws in general and health laws in particular has not been placed at the level required for strengthening state management and social management through the law; it has not been conducted regularly and systematically; it has lacked focus and priority. The reasons for the shortcomings mentioned above are due to the lack of mechanisms, plans, and coordination between departments and administrations within the Ministry of Health, and between provincial health services and related agencies at the local level. Therefore, the need for information about health laws of the people in recent times has not been fully met.

In the current reform process, the work of disseminating and educating laws is even more important in many aspects, especially the effectiveness of law enforcement in life. Therefore, there is a need for innovation and strengthening the work of disseminating and educating health laws to enhance understanding and respect for the law, ensuring the effectiveness of law enforcement generally and specifically in the field of health according to the spirit of the Resolution of the Eighth National Congress of the Communist Party of Vietnam, while also being able to collect feedback from various strata of the people during the process of building and organizing the implementation of health laws. For the aforementioned reasons and to ensure that the policies of the Party and the State on health care and protection enter

daily life, the construction and implementation of the Program on the Dissemination and Education of Health Laws from 2004 to 2007 are very necessary and urgent.  life, the construction and organization of implementing the program to popularize and educate laws on health from 2004 to 2007 are very necessary and urgent.

II. OBJECTIVE.

A. General Objective.

Legal regulatory documents on health must be disseminated and educated to responsible subjects and widely publicized to the community to ensure their enforcement effectiveness and enhance the efficiency of state management through law in the health sector.

B. Specific Objectives.

1. Health sector officials must understand and master legal regulatory documents on health to implement, carry out, and inspect implementation in accordance with regulations.

2. Bring health laws to all social strata, particularly focusing on responsible subjects for legal regulatory documents on health to ensure the enforceability of the law, contributing to maintaining social order and discipline, strengthening socialist rule of law, and preventing and limiting violations in the health sector.

3. Create a legal basis for planning and coordinating mechanisms between Departments, Bureaus, Offices, and Inspectors of the Ministry of Health, between the Ministry of Health and other Ministries, sectors, and related agencies, and between Provincial Health Departments and local related agencies in directing and organizing the dissemination and education of health laws.

4. Establish relationships between the community and state management agencies on health in the development and implementation of legal regulatory documents on health.

III. REQUIREMENTS.

1. Focus on disseminating and educating legal regulatory documents on health, prioritizing urgent and current documents, those affecting many subjects, and those concerning health policies and systems.

2. The dissemination and education of health laws must be conducted regularly and continuously for all subjects: health sector officials, students in universities, colleges, and secondary schools of medicine and pharmacy, subjects of legal regulatory documents on health, and the entire population.

3. The content and form of disseminating and educating health laws must be specific and appropriate to the requirements and tasks of each subject, ensuring high effectiveness.  

4. Integrate and effectively combine the dissemination and education of health laws with national and international health programs.

5. Combine the dissemination and education of health laws with:

a) Propaganda of the Party's guidelines and State policies on health care and protection of people's health.

b) Organizing and implementing; inspecting and supervising the enforcement of health laws and handling administrative violations in health management.

c) Evaluating the effectiveness of enforcing legal regulatory documents on health in social life, based on which gradually build and perfect the legal system on health.

IV. SUBJECTS, CONTENT, FORMS, AND METHODS OF DISSEMINATION AND EDUCATION ON HEALTH LAWS.

A. Subjects, Content of Dissemination and Education on Health Laws.

1. Dissemination and education of health laws for health sector officials.

a) For officials of the Ministry of Health.

Disseminate, instill, and study legal provisions on officials, thrift, anti-waste, anti-corruption, crime prevention, economic integration; Rules for implementing democracy in agency activities.

Disseminate legal regulatory documents issued by the Ministry of Health within its authority or jointly with other Ministries and equivalent agencies, and plans for implementing these documents.

Disseminate, instill, and implement Laws, Ordinances, Decrees, Resolutions of the Government, Decisions, and Directives of the Prime Minister on health or related to health.

Organize introductions of new Laws enacted by the National Assembly and new Ordinances enacted by the Standing Committee of the National Assembly.

b) For officials and staff of subordinate units under the Ministry of Health.

Disseminate, instill, and study legal provisions on officials, thrift, anti-waste, anti-corruption, crime prevention; Rules for implementing democracy in agency activities.

Disseminate, instill, and study in conjunction with inspecting the implementation of health policies, rules, procedures, and technical regulations linked to assigned responsibilities and functions.

Disseminate Laws, Ordinances, Decrees, Resolutions of the Government, Decisions, and Directives of the Prime Minister on health or related to health, and other documents as directed by the Ministry of Health.

c) For officials and staff of Provincial Health Departments and subordinate units.

Disseminate, instill, and study legal provisions on officials, thrift, anti-waste, anti-corruption, crime prevention, economic integration; Rules for implementing democracy in agency activities.

Disseminate and instill in conjunction with implementing plans for legal regulatory documents on health or related to health that the locality is responsible for implementing according to these documents.

Disseminate Laws, Ordinances, and other legal regulatory documents as required by the provincial Department of Justice.

2. Dissemination and education of health laws for the public.

a) Common content for the public: Focus on widely disseminating legal regulatory documents on health directly related to people's lives, health policies, regulations in the health sector linked to citizens' rights, obligations, and responsibilities; regulations on clean water and environmental sanitation; regulations on disease prevention, HIV/AIDS prevention, accident and injury prevention, food safety...

b) Special content for certain specific groups.

For farmers: In addition to common content, special attention should be given to disseminating and educating regulations on clean water, environmental sanitation, food safety, cultural and healthy villages, seasonal disease prevention...

For the poor and ethnic minority groups: In addition to common content and content for farmers, emphasis should be placed on disseminating health policies and special measures for health care for these groups.

For women: In addition to the general content and the aforementioned contents, it is necessary to focus on disseminating and educating regulations on reproductive health care, breastfeeding, and child health care.

3. Disseminate and educate laws related to healthcare for students in universities, high schools, and colleges of medicine and pharmacy.

Implement the general legal education program according to the program of the Ministry of Education and Training.

Disseminate and educate legal documents such as Laws and Ordinances on healthcare and guiding documents; regulations on professional ethics, and school health.

4. Disseminate and educate laws related to healthcare for organizations and individuals both domestic and foreign operating in the healthcare sector in Vietnam. Male.

Focus on disseminating and educating legal regulatory documents on healthcare linked to their obligations and responsibilities, specifically:

For organizations and individuals operating in the medical examination and treatment sector: Focus on disseminating and educating regulations on medical examination and treatment, regulations on private medical practice, and other relevant legal provisions.

For organizations and individuals operating in the reproductive health sector: Focus on disseminating and educating regulations on reproductive health and other relevant legal provisions.

For organizations and individuals operating in the pharmaceutical sector: Focus on disseminating and educating regulations on pharmaceuticals, regulations on private pharmaceutical practice, and other relevant legal provisions.

For organizations and individuals producing and trading food: Focus on disseminating and educating regulations on food safety and hygiene and other relevant legal provisions.

For organizations and individuals operating in the preventive healthcare sector: Focus on disseminating and educating regulations on preventive healthcare directly related to their activities, regulations on private practice of vaccine and medical products, rules on chemicals and insecticides, disinfectants used in household and medical fields; and other relevant legal provisions.

For organizations and individuals producing and trading medical equipment: Focus on disseminating and educating regulations on medical equipment, regulations on private medical equipment practice, and other relevant legal provisions.

For organizations and individuals operating in other sectors of healthcare: Focus on disseminating and educating healthcare-related legal provisions tied to their direct activities and other relevant legal provisions.

B. Forms of Legal Dissemination and Education.

1. Organize training courses and conferences to disseminate and implement legal regulatory documents on healthcare, introduce new Laws and Ordinances, and related legal documents according to specific topics and suitable for each target group. Reporters are leaders and specialists from Departments, Bureaus, Offices, Inspectors General of the Ministry of Health, leaders and specialists from Provincial Health Departments, leaders and civil servants of units. When necessary, invite reporters from the Ministry of Justice, Provincial Justice Departments, or other Ministries, Agencies related.

2. The Department of Legal Affairs and units must organize a "Legal Bookshelf," with funds for purchasing books drawn from the unit's regular budget.

3. Legal regulatory documents on healthcare must be printed and distributed to Provincial Health Departments, units under the Ministry of Health, and Health sectors. Provincial Health Departments, units under the Ministry of Health, and Health sectors have the responsibility to print and distribute to their subordinate units and related individuals to implement.

4. Depending on the capacity and requirements of each agency and unit, they may organize contests to enhance awareness among members of their own agencies and units.

5. The Department of Legal Affairs is responsible for providing legal regulatory documents on the healthcare field and related areas through the Ministry of Health’s website to help localities and units exploit and implement them.

6. Organize legal healthcare discussions on mass media: television, radio.

7. Organize forms of legal healthcare consultation in newspapers, magazines, especially those of the healthcare sector.

8. The Health and Life newspaper opens a column to introduce "New Legal Regulatory Documents on Healthcare" and the "Legal Healthcare Consultation Column," and the "Readers with Legal Healthcare Column."

9. Organize a hotline for legal healthcare consultation via telephone or in writing; organize forms of legal healthcare consultation based on the needs of each target group and the capacity of the unit.

10. Establish a relationship between the community and state management agencies  on healthcare through surveys or through mailboxes to  collect feedback information from the community on legal regulatory documents on healthcare.

11. Develop and incorporate legal healthcare education programs into universities, colleges, and high schools of medicine and pharmacy.

12. Compile "Ask and Answer" books to widely disseminate knowledge on areas of great public interest, for example, "Ask and Answer" about medical examination and treatment for the poor, about laws on preventing and controlling HIV/AIDS, about private medical and pharmaceutical practice, about importing drugs, vaccines - medical products, medical equipment, about drug pricing management...  an area of great public interest, for example, "Ask and Answer" sessions on healthcare policies for the poor, laws on preventing and controlling HIV/AIDS, private medical practice, importing medicines, vaccines - medical products, medical equipment, drug pricing management...

V. IMPLEMENTATION ORGANIZATION.

A. Plan for the Dissemination and Education of Healthcare Laws in 2004-2005.

1. Organize the solicitation of opinions on the Draft Pharmaceutical Law, the Draft People's Health Protection Law (amended), the Draft Ordinance on Donating, Taking, and Transplanting Human Organs and Post-Mortem Examinations, the Draft Ordinance on Preventing and Controlling HIV/AIDS, the Draft Ordinance on Preventing and Controlling Infectious Diseases, and the Draft Decree guiding the implementation of the above Laws and Ordinances.

2. Strengthen the dissemination of legal provisions on disease prevention and control, HIV/AIDS prevention and control. When the Government Decree on administrative penalties in the field of state management of healthcare, the Government Decree detailing the implementation of certain articles of the Ordinance on Food Safety and Hygiene, and guiding documents are issued, these documents must be widely disseminated throughout the country.

3. To organize dissemination through various diverse and rich forms, if conditions permit, compile books titled "Questions and Answers" on regulations regarding drug imports, vaccines - medical products, medical equipment, drug pricing management, drug production and processing, private medical practice, to widely distribute them to help the public understand and implement these regulations, while collecting feedback information on these regulations through different methods.

4. Continue to disseminate regulations on advertising in the healthcare sector, with a focus on implementing them at local levels.

5. Hospitals and Institutes under the Ministry, local hospitals, and hospitals of various sectors must continue to disseminate, implement, and educate about the Hospital Regulations, professional technical medical regulations, medical ethics, and simultaneously strengthen inspections of their implementation, collect feedback information from patients and the public regarding the ethics of doctors and medical staff, to promptly recognize and reward or correct and discipline them.

6. Strengthen propaganda on health examination and treatment for the poor, it is necessary to compile a book titled "Questions and Answers on Health Examination and Treatment for the Poor" to widely distribute it to help those benefiting from this policy as well as the general public understand and supervise its implementation by competent authorities.

7. Organize the introduction of model villages for Cultural - Health to base on which expand the construction of such models in community settlements.

8. Each unit must establish a "Legal Bookcase." Depending on the functions and tasks of each unit, the head of the unit will decide on the list of books for this bookcase.

9. Continue to disseminate, implement, and study regulations on civil servants and public officials, practicing thrift, combating waste and corruption, crime prevention, international economic integration; Regulations on implementing democracy in the activities of agencies and units; related laws and regulations on health care according to the functions and tasks of the unit, newly issued Laws and Ordinances.

10. Organize legal consultation services in healthcare through telephone or written correspondence. The Health and Life newspaper should open a column introducing "New Legal Regulations on Healthcare," open a column for "Legal Consultation on Healthcare," and research to possibly open a section for "Readers and Healthcare Law."

11. Develop a teaching program for healthcare law in universities, colleges, and secondary schools of medicine and pharmacy.

12. Establish a relationship between the community and state health management agencies through suggestion boxes regarding healthcare policies, systems, and laws: health examination and treatment for the poor, health insurance system, special allowances for healthcare personnel, traditional ethnic medical policies, measures to stabilize drug prices, hospital fees, procedures for health examinations and treatments at hospitals, medical ethics, HIV/AIDS prevention, food safety...  The suggestion box is placed at the Department of Legal Affairs - Ministry of Health.  13. Organize an assessment of the effectiveness of implementing Circular No. 01/2004/TT-BYT dated January 6, 2004, of the Ministry of Health guiding private medical and pharmaceutical practice, Decision No. 139/2002/QD-TTg dated October 15, 2002, of the Prime Minister on health examination and treatment for the poor, and Joint Circular No. 14/2002/TTLT-BYT-BTC dated December 16, 2002, of the Ministry of Health and the Ministry of Finance guiding the implementation of Decision No. 139/2002/QD-TTg.

14. Organize surveys and evaluations of six years of implementing the Sanitary Quarantine Regulations at Border Areas issued pursuant to Government Decree No. 41/1998/NĐ-CP dated June 11, 1998, and other implementing guidelines.

B. Focus of the Plan for Popularizing and Educating the Law during the 2006-2007 Period.

1. Organize solicitation of opinions on the Draft Law on Protecting Public Health (Amended) and the Law (or Ordinance) on Health Insurance.

2. Concentrate on disseminating regulatory documents guiding the implementation of the Drug Law, Ordinance on Preventing and Controlling HIV/AIDS, Ordinance on Donating, Removing, and Transplanting Human Tissue and Organs and Autopsy, and Ordinance on Preventing and Controlling Infectious Diseases.

3. Organize an evaluation of the results of popularizing and educating the law on health care during the 2004-2005 period, continue to maintain achievements and address shortcomings of these activities.

4. Incorporate the health law education program into the formal training curriculum of universities, colleges, and secondary schools of medicine and pharmacy.

5. Organize surveys and investigations on the public's understanding and the effectiveness of implementation of certain national policies on reproductive health care, traditional medicine, nutrition, and some specialized laws and ordinances on health care; organize an evaluation of the effectiveness of the Cultural - Health Village model...

6. Continue to compile and publish books titled "Questions and Answers" on specific areas of interest to the public.

C. Responsibilities for Implementation.

1. Responsibilities of Departments, Bureaus, Office, and Inspectorate of the Ministry of Health.    

a) The Department of Legal Affairs is responsible for coordinating with Departments, Bureaus, Office, and Inspectorate of the Ministry of Health to implement the plan for popularizing and educating the law on health care throughout the industry. It shall take the lead and coordinate with Departments, Bureaus, Office, and Inspectorate in formulating detailed annual plans for popularizing and educating the law on health care to be submitted to the Minister for approval as a basis for localities and units to implement.

b) Departments, Bureaus, Office, and Inspectorate of the Ministry have the responsibility to cooperate with the Department of Legal Affairs in disseminating legal regulations on health care. If a unit is assigned by the Ministry leadership to draft a regulatory document to be promulgated by the Minister within his/her authority or to be submitted by the Minister to the Government for promulgation or by the Government to the National Assembly or Standing Committee of the National Assembly for promulgation, that unit shall cooperate with the Department of Legal Affairs in disseminating the document after it has been signed and promulgated by the competent authority.

b) Departments, Bureaus, Office, Inspectorate of the Ministry shall cooperate with the Department of Legal Affairs in disseminating normative legal documents on health. The unit responsible for drafting normative legal documents, assigned by the Ministry's leadership to submit to the Minister for issuance within its authority or to the Minister for submission to the Government for issuance or the Government for submission to the National Assembly, Standing Committee of the National Assembly for issuance, shall cooperate with the Department of Legal Affairs to implement the dissemination of such documents after they have been signed and issued by the competent authority.

c) The Department of Planning and Finance shall be responsible for allocating the annual budget for the Ministry of Health's plan on popularizing and educating about laws according to the proposal of the Legal Affairs Department, particularly in 2004, considering the possibility of balancing within the program’s budget at the ministerial level or from another source of funding and submitting it to the Minister for decision. At the same time, studying to include in the World Health Organization Cooperation Program for fiscal year 2006-2007 and seeking financial assistance from other international organizations to support the work of popularizing and educating about health laws; guiding units to manage and use funds for popularizing and educating about laws in accordance with current regulations.

d) The Department of Science and Training shall be responsible for coordinating with the Legal Affairs Department and related Departments and Bureaus to develop a program on popularizing and educating about health laws in universities, colleges, and secondary medical and pharmaceutical schools, to submit to the Minister for approval and implementation.  approval and organization of implementation.

2. Responsibilities of subordinate units under the Ministry of Health and Sectoral Health Services.

Heads of subordinate units under the Ministry and heads of sectoral health services shall be responsible for implementing the work of popularizing and educating about laws within their units according to the Ministry of Health's annual plan, ensuring that civil servants and employees of the unit understand and grasp the regulations on medical technical expertise, health policies, or those related to health that they enjoy or must implement.

3. Responsibilities of Provincial and Central City Health Departments.

a) The Director of the Health Department  shall be responsible.

Based on the plan for popularizing and educating about health laws  2004-2007 and the annual plan issued by the Ministry of Health to build and organize the implementation of the plan for popularizing and educating about health laws within the local area.

Implementing the work of popularizing and educating about laws for civil servants and health employees within the local area; ensuring that local civil servants and health employees understand and grasp the regulations on medical technical expertise, health policies that they enjoy or must implement.

Cooperating with the Department of Justice, Television Station, Radio Station, and relevant departments and agencies of the province to carry out the work of popularizing and educating about health laws for the people and other subjects in the province, ensuring that the people and related subjects understand the provisions of the law, health policies that they must implement or benefit from.

b) The Director of the Provincial or Central City Health Education and Communication Center shall be responsible:

To disseminate laws, policies, and systems in the field of health to the people within the local area.

Implementing the work of popularizing and educating about health laws according to the guidance of the Provincial Health Department Director.

4. Responsibilities of Health Education and Communication Centers, Health and Life Newspaper, and Journals of subordinate units.

Implementing the plan for popularizing and educating about health laws from 2004 to 2007 and the annual plan issued by the Ministry of Health; directly subject to the guidance of the Legal Affairs Department - Ministry of Health on this matter.

Disseminating laws, policies, and systems in the field of health to the people nationwide.

VI. FINANCIAL RESOURCES.

1. Agencies and units receiving state budget funding for operations shall be responsible for ensuring financial resources for the work of popularizing and educating about laws according to their assigned functions and tasks.

2. Financial resources allocated for communication activities of national and international health programs.

3. Sources of assistance from domestic and foreign organizations and individuals, and international organizations (if any).

4. Management and use of financial resources for the work of popularizing and educating about laws must comply with current regulations and the regulations of the sponsor./.