Circular No. 36/2016/TT-BYT stipulates the implementation mechanism for assigning tasks to provide medical examination, treatment, care, and support for leprosy and mental health patients at specialized hospitals for leprosy and mental health under the State. This circular was issued by the Minister of Health.

CIRCULAR

Regulations on the implementation of the mechanism for assigning tasks to provide medical examination, treatment, care, and support services for leprosy and mental health patients at specialized leprosy and mental health hospitals under the State

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This Circular prescribes procedures for receiving, providing health care for domestic violence victims and statistical reports on domestic violence victims at medical facilities.

Pursuant to Decree No. 85/2012/NĐ-CP dated October 15, 2012 of the Government on the operational mechanisms and financial mechanisms for public health institutions and service fees for medical examination and treatment at public medical facilities;

Pursuant to Decision No. 39/2008/QĐ-TTg dated March 14, 2008 of the Prime Minister promulgating the Procurement, Ordering, and Assignment Mechanism for Public Services Using State Budget Funds;

Pursuant to the consensus opinion of the Ministry of Finance in Circular No. 19778/BTC-HCSN dated December 31, 2015;

At the proposal of the Director of the Department of Planning and Finance,

The Minister of Health issues this Circular to regulate the implementation of the mechanism for assigning tasks to provide medical examination and treatment services and support for leprosy and mental health patients at specialized leprosy and mental health hospitals under the State.

Article 1. Scope of Regulation

1. This Circular stipulates the implementation of the mechanism for assigning tasks to provide medical examination and treatment services and support for leprosy and mental health patients (hereinafter referred to as the implementation of the assignment mechanism) at specialized leprosy and mental health hospitals under the State.

2. For other tasks assigned by the State including: preventive healthcare; science and technology; supervisory guidance; implementation of the term rotation system for practitioners according to Decision No. 14/2013/QĐ-TTg dated February 20, 2013 of the Prime Minister on the implementation of the term rotation system for practitioners at medical facilities; hospital overload reduction programs; implementation of National Target Programs and Special Target Programs; training and capacity building for civil servants and employees (if applicable); counterpart funds for loan and grant projects approved by competent authorities; procurement of equipment, work tools, and other fixed assets, major repairs of fixed assets according to approved projects; reduction in staff establishment policy in accordance with State regulations, and other tasks assigned by competent authorities, the management and use of funds shall be carried out in accordance with the Law on State Budget, guiding documents of the Law, and specific guidelines for each content and source of funding.

Article 2. Applicability

1. Medical facilities directly under the Ministry of Health include:

a) Central Institute of Mental Health I;

b) Central Institute of Mental Health II;

c) Central Institute of Dermatology and Leper Diseases Quynh Lap;

d) Central Institute of Dermatology and Leper Diseases Quy Hoa.

2. In addition to the medical facilities specified in Clause 1 of this Article, based on actual circumstances and financial capacity, the competent state administrative agency in charge of health may decide to supplement units applying the assignment mechanism as prescribed in this Circular, specifically as follows:

a) The Minister of Health shall consider and decide on selecting centers and facilities for forensic psychiatric assessment tasks;

b) The Chairperson of the People's Committee of provinces and centrally administered cities shall consider and decide on selecting subordinate units assigned tasks for providing medical examination and treatment, care, and support for leprosy and mental health patients.

Article 3. Basis for implementing the assignment mechanism

1. The number of staff assigned to the unit by the competent authority in accordance with the regulations.

2. The number of leprosy and mental health patients listed in Appendix I and Appendix II issued together with this Circular, who are entitled to medical examination, treatment, and maintenance (if applicable).

3. Financial capacity and the contents and expenditure levels prescribed in Article 4 of this Circular.

Article 4. Contents, expenditure levels, and time frame for implementing the assignment mechanism

1. Expenditures for personnel in accordance with the regulations for public service units, including:

a) Salaries based on rank, grade, position, and other allowances stipulated by the State for public service units;

b) Contributions according to the system such as social insurance, health insurance, trade union fees, unemployment insurance;

Expenditures under Clause 1 of this Article shall be adjusted if the State adjusts salary policies, allowances, or the competent authority adjusts the number of staff of the unit.

2. Expenditures for conducting medical examinations, treatments, care, and other necessary costs for performing the task of examining and treating leprosy and mental health patients: The expenditure level is determined according to Appendix I and Appendix II issued together with this Circular and may be reviewed and adjusted by the Ministry of Health based on budget capacity or when cost-forming factors change.

3. Food expenses for patients who are supported by the State for food expenses according to the prescribed system.

4. Time period for implementation: From January 1 to December 31 each year.

Article 5. Procedures for preparing budgets, allocating, assigning budgets, using, and settling accounts for funds to implement the assignment mechanism

1. Annually, based on the decision of the Minister of Health regarding the assignment of tasks and the number of staff; based on the number of leprosy and mental health patients examined, treated, cared for, and maintained in the previous adjacent year and the forecasted disease model for the planning year; the unit prepares the budget for implementing the assignment mechanism according to the contents and expenditure levels prescribed in Article 4 of this Circular and according to Table 1 of Appendix III issued together with this Circular, to be combined with the unit's state budget expenditure budget and submitted to the Ministry of Health for consolidation and sent to the Ministry of Finance in accordance with the State Budget Law and related guiding documents.

2. Based on the state budget expenditure budget assigned by the competent authority, the Minister of Health decides to assign tasks and the budget for implementing the assignment mechanism for units in accordance with the State Budget Law, detailed according to Table 2 of Appendix III issued together with this Circular.

3. The funds for implementing the assignment mechanism as prescribed in this Circular are regular funds, managed and used in accordance with the legal provisions on financial autonomy for public service units. Accounting and settlement procedures are carried out in accordance with legal provisions.

4. Annually, at the same time as submitting the final account report for the state budget, the unit evaluates the implementation of tasks and determines the actual total amount of funds used according to the assignment mechanism as shown in Table 3 of Appendix III issued together with this Circular. In cases where the actual number of patients examined, treated, and maintained differs from the initial budget allocation, it will be handled as follows:

a) If the actual number of patients examined, treated, and maintained exceeds the initial allocation: The state budget will refund the shortfall in funds for the following year. The Ministry of Health is responsible for balancing and arranging the refund funds for the unit within the scope of the allocated state budget expenditure budget;

b) If the actual number of patients examined, treated, and maintained is less than the initial allocation: The unspent budget for implementing the assignment mechanism in the year can be transferred to the next year and not used for other purposes.

Article 6. Implementation Provisions

1. This Circular takes effect from November 15, 2016.

2. The assignment mechanism prescribed in this Circular shall be applied from the 2017 fiscal year.

During the implementation process, if there are difficulties or obstacles, please reflect them in writing to the Ministry of Health (Planning and Finance Department) for consideration and resolution./.