Circular No. 37/2021/TT-BYT guides the functions, tasks, and authorities of the Department of Health under the People's Committee of provinces and centrally governed cities and the Health Office under the People's Committee of districts, urban districts, towns, and provincial cities within centrally governed cities.

CIRCULAR

GUIDELINES ON THE FUNCTIONS, TASKS, AND POWERS OF THE DEPARTMENT OF HEALTH UNDER THE PEOPLE'S COMMITTEE OF PROVINCES AND MUNICIPALITIES DIRECTLY UNDER THE CENTRAL GOVERNMENT AND THE HEALTH DIVISION UNDER THE PEOPLE'S COMMITTEE OF DISTRICTS, COUNTIES, TOWNS, AND MUNICIPALITIES UNDER PROVINCES AND MUNICIPALITIES DIRECTLY UNDER THE CENTRAL GOVERNMENT

Pursuant to the Government's Decree No. 75/2017/NĐ-CP dated June 20, 2017 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

Pursuant to Decree No. 24/2014/NĐ-CP dated April 4, 2014 of the Government on the organization of specialized agencies under the People's Committee of provinces and municipalities directly under the Central Government; Decree No. 107/2020/NĐ-CP dated September 14, 2020 of the Government amending and supplementing certain articles of Decree No. 24/2014/NĐ-CP dated April 4, 2014 of the Government;

Pursuant to Decree No. 37/2014/NĐ-CP dated May 5, 2014 of the Government on the organization of specialized agencies under the People's Committee of districts, counties, towns, and municipalities under provinces; Decree No. 108/2020/NĐ-CP dated September 14, 2020 of the Government amending and supplementing certain articles of Decree No. 37/2014/NĐ-CP dated May 5, 2014 of the Government;

Based on the opinion of the Ministry of Home Affairs regarding the authority to issue and the content of the Circular guiding the functions, tasks, and powers of the Department of Health under the provincial People's Committee and the Health Division under the district People's Committee in Circular No. 3618/BNV-TCBC dated July 24, 2021;

At the proposal of the Director of the Cadre and Civil Servant Organization Department of the Ministry of Health;

The Minister of Health issues this Circular to guide the functions, tasks, and powers of the Department of Health under the People's Committee of provinces and municipalities directly under the Central Government (hereinafter referred to collectively as the provincial People's Committee) and the Health Division under the People's Committee of districts, counties, towns, and municipalities under provinces and municipalities directly under the Central Government (hereinafter referred to collectively as the district People's Committee).

PART I

DEPARTMENT OF HEALTH

Article 1. Position and Functions

1. The Department of Health is a specialized agency under the provincial People's Committee, with the function of advising and assisting the provincial People's Committee in state management in the field of health, including areas such as preventive healthcare; medical examination and treatment; rehabilitation; medical and forensic examinations, forensic psychiatry; traditional medicine and pharmacy; reproductive health; medical equipment; pharmaceuticals; cosmetics; food safety; health insurance; population and public services within the scope of the health sector as prescribed by law.

2. The Department of Health has legal personality, its own seal and separate bank account; it is subject to the direction and management of the provincial People's Committee in terms of organizational structure, staffing, and operations; at the same time, it is subject to the direction, guidance, inspection, and audit of the Ministry of Health in terms of professional and technical matters.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

1. Submit to the People's Committee at the provincial level

a) Draft decisions of the provincial People's Committee related to areas within the management scope of the Department of Health and other documents as assigned by the provincial People's Committee;

b) Draft plans for the development of the health sector, programs, projects, measures to organize the implementation of tasks in the health sector within the province's management scope of the Department of Health;

c) Draft decisions on the delegation of responsibilities for state management in the health sector to the Department of Health and the district People's Committee, agencies, and organizations as prescribed by law;

d) Draft decisions detailing the functions, tasks, powers, and organizational structure of the Department of Health; the functions, tasks, powers, and organizational structure of the enforcement bureau and other public service units under the Department of Health;

đ) Draft decisions on implementing socialization of activities providing public services in the health sector within the authority of the provincial People's Committee and according to the delegation from higher-level state agencies.

2. Submit to the Chairman of the provincial People's Committee draft documents within the authority to issue of the Chairman of the provincial People's Committee as assigned for local health work.

3. Organize the implementation of legal normative documents, planning, programs, projects, and other documents on health after approval; provide information, propaganda, guidance, dissemination, education, and monitoring of the implementation of laws in fields under the state management responsibility of the Department of Health.

4. Accept applications and implement certification of advertising content for special products, goods, and services within the state management scope of the Department of Health as prescribed by law.

5. On preventive healthcare

a) Direct, guide, and evaluate the implementation of professional regulations and national technical standards on preventing infectious diseases and HIV/AIDS, non-communicable diseases, occupational diseases, accidents and injuries; determine drug addiction status, prevention and treatment of opiate and other drug dependencies; environmental health, climate change, school health, hygiene and occupational health; community nutrition; border health quarantine; management of waste within the premises of healthcare facilities; management of chemicals and insecticides, disinfectants used in household and healthcare sectors within the province;

b) Direct and organize surveillance of infectious diseases and HIV/AIDS, non-communicable diseases, diseases of unknown cause, risk factors affecting health, and other public health issues; early detection and handling of infectious disease outbreaks; report epidemic situations as prescribed by law; advise the provincial People's Committee on declaring epidemics and lifting epidemic declarations as prescribed by law;

c) Direct and organize the implementation of vaccination and the use of medical supplies for target groups as prescribed by law; organize the acceptance of applications, and publish information about facilities that meet the conditions for vaccination on the Department of Health's website as prescribed by law;

d) Accept self-declarations of biosafety standards from testing facilities; publish lists of facilities that have self-declared biosafety standards level I and II on the Department of Health's website as prescribed by law;

đ) Issue, adjust, revoke certificates of meeting the conditions for confirmatory testing of HIV-positive cases and suspend confirmatory testing activities of HIV-positive cases as prescribed by law;

e) Announce, reannounce facilities meeting the conditions, suspend, and cancel declaration files of facilities meeting the conditions for operating drug substitution therapy for opiate dependence as prescribed by law;

g) The focal point for tobacco harm reduction work, alcohol harm reduction work on the provincial level;

h) The standing office of the Steering Committee for disease prevention; the standing office of the Provincial Steering Committee for HIV/AIDS prevention;

i) Managing, guiding, and organizing labor environment monitoring activities at workplaces; assessing, controlling, and managing health-hazard factors at workplaces; building a database on labor environment monitoring activities, announcing organizations qualified to conduct labor environment monitoring and suspending operations of organizations not meeting the required conditions according to the law; advising the provincial People's Committee to issue local technical standards on clean water quality for domestic use and supervising their implementation according to regulations;

k) Guiding, within its authority, occupational hygiene management, health check-ups for workers, occupational disease detection, and health management for workers at workplaces; managing training for certification in occupational health expertise, first aid, and emergency care at workplaces according to the law;

l) Directing, guiding, supervising, inspecting, and auditing the implementation of specialized regulations and national technical standards in the field of preventive healthcare on the provincial level;

6. On medical examination, treatment, and rehabilitation

a) Directing, guiding, and overseeing the implementation of legal normative documents, specialized technical regulations, and national technical standards concerning medical examination, treatment, rehabilitation, medical appraisal, forensic medical examination, and forensic psychiatric examination according to the hierarchical management and technical tier system;

b) Issuing, reissuing, extending, adjusting, suspending, and revoking practice certificates for medical practitioners and issuing, adjusting, suspending, and revoking operating licenses for medical facilities under its jurisdiction according to the law;

c) Approving and endorsing the list of techniques to be implemented at medical facilities managed by the Department of Health according to the hierarchical division and legal provisions;

d) Permitting medical facilities under its jurisdiction to apply new techniques and methods according to the law;

đ) Directing, guiding, supervising, inspecting, and auditing the implementation of specialized technical regulations and national technical standards in the fields of medical examination, treatment, rehabilitation, medical appraisal, forensic medical examination, and forensic psychiatric examination on the provincial level;

7. On traditional medicine

a) Directing the organization and implementation of the inheritance, promotion, and integration of traditional medicine in disease prevention, medical examination, treatment, and rehabilitation;

b) Directing, guiding, and overseeing the implementation of legal normative documents, specialized technical regulations, and national technical standards for medical facilities using traditional medicine for medical examination, treatment, and rehabilitation on the provincial level according to the hierarchical division;

c) Issuing, reissuing, adjusting, suspending, and revoking practice certificates for medical practitioners using traditional medicine and issuing, reissuing, adjusting, suspending, and revoking operating licenses for medical facilities using traditional medicine according to the law;

d) Issuing, reissuing, and revoking certificates recognizing traditional herbal prescriptions or traditional healing methods on the managed territory;

đ) Cooperating with related units in guiding the exploitation, cultivation, processing, and development of medicinal herbs according to regulations;

e) Being the focal point for guiding the implementation and evaluating the enforcement of laws regarding the production, business operation, processing, and quality of medicinal herbs and traditional medicines at the local level according to the delegated authority;

8. On pharmaceuticals and cosmetics

a) Guiding the implementation and supervising the quality of drugs, drug ingredients, and cosmetics on the provincial level. Directing and overseeing the recall of drugs, drug ingredients, and cosmetics according to the law;

b) Issuing, suspending, and revoking practice certificates for pharmacists; issuing, reissuing, adjusting, and revoking certificates of eligibility for pharmaceutical business operations for wholesale drug suppliers and retail pharmacies according to the hierarchical division and legal provisions;

c) Receiving applications and processing orders for purchasing narcotic drugs, psychotropic substances, precursor chemicals, and raw materials for narcotic and psychotropic drugs from wholesale and retail drug suppliers located within the province, private medical facilities, research and testing institutions, specialized training institutions in medicine and pharmacy, compulsory drug rehabilitation centers, drug substitution therapy facilities, and other non-commercial pharmaceutical entities located within the province; designating wholesale or retail drug suppliers to undertake the sale or pharmacy department of medical facilities that have transferred controlled drugs to ensure sufficient supply for patients when there are no such drug suppliers on the provincial level according to the law;

d) Issuing, reissuing, adjusting, and revoking certificates of eligibility for cosmetic production for cosmetic manufacturing facilities under its jurisdiction; issuing and revoking cosmetic registration numbers according to the law;

đ) Implementing drug pricing and tendering according to the law;

e) Directing and guiding the implementation of clinical pharmacy activities to ensure safety and effectiveness and other tasks within its authority;

g) Inspecting, auditing, and handling violations of pharmaceutical and cosmetic laws within its jurisdiction;

9. On food safety

a) Taking the lead in developing and submitting to competent authorities for promulgation local technical standards on food safety for specific food products under the health sector's management according to the law;

b) Supervise the quality and food safety of food products under its management authority and food additive production and business establishments, food processing aid establishments; food contact tools, materials, packaging, and containers; bottled water, natural mineral water; ready-to-consume ice, ice used for food preparation; functional foods; micronutrients added to food and other foods on its jurisdiction according to the分级部门的划分由卫生部规定。

c) Organize the acceptance and management of files, issue Registration Receipts for Product Declaration, Certificates Confirming Advertisement Content for medical nutrition products, special diet food products, nutritional products for children up to 36 months old. Organize the acceptance of self-declaration product statements; issue Food Safety Assurance Facility Certificates for bottled water, natural mineral water, ready-to-consume ice, ice used for food preparation, production facilities for food supplements, medical nutrition products, special diet food products, nutritional products for children up to 36 months old, additives, food processing aids, micronutrients added to food, other food production facilities not specified in the list of the Ministry of Industry and Trade, Ministry of Agriculture and Rural Development, catering service business establishments.

d) Take the lead and coordinate with relevant agencies to manage food safety within its jurisdiction; manage conditions ensuring food safety for small-scale food production and business establishments, street food, catering service business establishments, food safety at markets within its jurisdiction and other objects according to the分级管理的规定。

đ) Serve as the permanent member of the Inter-ministerial Steering Committee on Food Safety at the local level.

e) Inspect, check, handle violations of laws on food safety within its jurisdiction.

10. Regarding medical equipment and health facilities

a) Guide and organize the implementation of legal provisions on the management of medical equipment and health facilities within the provincial territory;

b) Accept files, publicly display information and files declaring medical equipment production facilities qualified, files declaring medical equipment purchase and sale facilities qualified; standard application announcement numbers for Class A and B medical equipment and standard application files; lists of recalled medical equipment circulation numbers within the provincial territory on the electronic portal for medical equipment management;

c) Check, inspect, resolve complaints and accusations, and handle violations of laws in the field of medical equipment within the provincial territory.

11. Regarding population and reproductive health

a) Implement the system of indicators and indices in the population-family planning field; direct and guide national technical standards, professional procedures and practices for population services, reproductive health care services, and family planning services;

b) Carry out state management work on the scale, structure, and quality of the population within its jurisdiction. Advise solutions to adjust the population scale appropriately, control the sex ratio at birth, improve the quality of the population, and adapt to population aging;

c) Lead inter-agency coordination work in the population field, especially in communication activities. Integrate population content into local economic and social development plans and programs;

d) Implement and guide, supervise, and evaluate the implementation of policies, programs, projects, models related to the population field, reproductive health care, and family planning;

đ) Decide to allow the implementation of gender determination techniques and assisted reproductive technology according to legal regulations;

e) Serve as the permanent member of the Provincial Population Work Steering Committee.

12. Regarding health insurance

a) Promote, disseminate, and guide the organization to implement health insurance policies and laws within the provincial territory according to its authority;

b) Lead and coordinate with local social insurance agencies in inspections, investigations, handling violations, and resolving complaints and accusations in implementing health insurance policies and laws within the provincial territory;

13. Regarding training and capacity building for health personnel

a) Establish incentive systems to develop health personnel-population resources within the provincial territory and issue training and capacity-building plans for civil servants, public officials, and employees under its management;

b) Organize the implementation of training and capacity-building plans for health personnel-population resources and development systems, policies for health personnel resources within the provincial territory;

c) Manage training and capacity-building institutions, faculty members, and manage training programs and materials for civil servants, public officials, and employees according to its authority;

d) Inspect and check the implementation of systems and policies in training and capacity building for civil servants, public officials, and employees according to its authority.

14. Regarding health communication and information provision

a) Implement mobilization and communication to create consensus among Party committees, governments, political-social organizations, and mobilize people's support and proactive participation in health protection, care, and improvement activities within its jurisdiction;

b) Direct and organize health education and communication activities for the public; professional ethics, career education, patriotic emulation movements, and learning and practicing the moral example and style of President Ho Chi Minh for health personnel within its jurisdiction;

c) Serve as the main provider of health information; manage health information, coordinate with relevant agencies to handle health-related communication crises at the local level; implement press release and health information provision rules as prescribed.

15. Assist the provincial People's Committee in managing state affairs regarding health for enterprises, collective economic organizations, private economic organizations, associations, and non-governmental organizations participating in health activities within the local area according to legal regulations.

16. Implement the administrative reform program in the health sector according to the objectives, tasks, and solutions of the provincial People's Committee's administrative reform program.

17. Implement international cooperation in the field of health care according to the division of labor or delegation from the Provincial People's Committee.

18. Assist the Provincial People's Committee in developing plans for training and guiding professional knowledge and skills in the field of health care; be responsible for guiding professional knowledge and skills in areas under the management of the Department of Health for the Health Office under the District People's Committee.

19. Organize research, application of scientific and technological achievements and innovation; build databases, manage, and store information systems serving state administration and professional work in the field of health care.

20. Organize the implementation of laws on preventing and combating corruption and wastefulness; practicing thrift and combating waste; inspect, audit, handle complaints and denunciations, and process violations of law in the field of health care and in preventing and combating corruption and waste according to the provisions of law and according to the division of labor or delegation from the Provincial People's Committee.

21. Specify the functions, tasks, and powers of organizations under the Department in accordance with the functions, tasks, and powers of the Department of Health; specify the functions, tasks, powers, organizational structure of public service units directly under the Department according to the分级授权的省级人民政府。

22. Manage the organizational structure, civil servant quota, rank structure, job positions, personnel composition by occupational titles, and the number of staff in units under and directly under the Department; implement salary systems and policies, incentives, rewards, disciplinary measures, and quality evaluations for civil servants, public officials, and employees within the scope of the Department's management according to the provisions of law and according to the division of labor, classification, or delegation from the Provincial People's Committee.

23. Guide and inspect the implementation of the self-management mechanism for public service units under the health sector according to the provisions of law; manage the activities of public and non-public service units in the health sector.

24. Manage finance, assets, and organize the implementation of the budget assigned according to the provisions of law and according to the division of labor, classification, or delegation from the Provincial People's Committee.

25. Carry out information and regular and urgent reporting on the situation of assigned tasks to the Provincial People's Committee and the Ministry of Health.

26. Perform other tasks assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee, and according to the provisions of law.

Chapter II

HEALTH DEPARTMENT

Article 3. Position and Functions

1. The Health Department is a specialized agency under the District People's Committee, having the function of advising and assisting the District People's Committee in implementing state administration in the field of health care: preventive health care; medical examination, treatment, and rehabilitation; traditional medicine; reproductive health; population; medical equipment; pharmaceuticals; cosmetics; food safety; health insurance in the district.

2. The Health Department is subject to the leadership and management of organization, staffing, and operation by the District People's Committee, while also being subject to professional guidance, inspection, and auditing by the Department of Health.

3. For districts that do not separately organize a Health Department, the advisory and assistance function for the District People's Committee in implementing state administration in the field of health care shall be carried out by the Office of the People's Council and People's Committee at the district level, in accordance with the functions guided in Clause 3 of Article 3 of this Circular.

Article 4. Tasks and Powers

1. Submit to the District People's Committee

a) Draft decisions; medium-term and annual development plans; programs and measures to organize the implementation of administrative reform tasks in the field of health care in the district;

b) Draft decisions specifying the functions, tasks, powers, and organizational structure of the Health Department; in districts without a Health Department, these tasks and powers shall be proposed and implemented by the Office of the People's Council and People's Committee at the district level, in accordance with the functions guided in Clause 3 of Article 3 of this Circular.

2. Submit to the Chairman of the District People's Committee draft documents within the authority to issue by the Chairman of the District People's Committee according to the division of labor in the field of health care in the district.

3. Implement legal documents, planning, and plans on health care after approval by competent authorities; provide information, propaganda, dissemination, and education on laws; monitor the enforcement of laws in the field of health care.

4. Assist the District People's Committee in implementing and be responsible for reviewing, registering, and issuing various types of permits and certificates in the field of health care within the authority stipulated by law and according to the division of labor from the District People's Committee.

5. Assist the District People's Committee in managing state affairs over enterprises, collective economic organizations, private economic organizations; guide and inspect associations and non-governmental organizations participating in activities in the field of health care in the district according to the provisions of law.

6. Provide professional guidance on the field of health care to cadres and civil servants at commune, ward, town levels.

7. Organize research and application of science and technology and innovation; build information systems and storage services for state administration and professional work in the field of health care.

8. Carry out information and regular and urgent reporting on the situation of assigned tasks according to the regulations of the District People's Committee and the Department of Health.

9. Inspect and participate in audits regarding the field of health care for organizations and individuals in the implementation of legal provisions; handle complaints and denunciations; prevent and combat corruption, practice thrift, and combat waste in the field of health care according to the provisions of law and the division of labor from the District People's Committee. Serve as the Standing Committee of the Steering Committee for Disease Prevention and Control and the Inter-sectoral Steering Committee for Food Safety at the district level.

10. Manage and organize the use of civil servants according to job positions; propose rewards, disciplinary actions, training, and professional development for civil servants within the scope of the Health Department's management according to the provisions of law.

11. Manage and organize the use of public property, assets, finances, and budgets assigned according to the provisions of law and the division of labor from the District People's Committee.

12. Perform other tasks assigned by the District People's Committee, the Chairman of the District People's Committee, or according to the provisions of law.

Chapter III

IMPLEMENTING PROVISIONS

Article 5. Effective Date

1. This Circular takes effect from February 15, 2022.

2. Circular Jointly Issued No. 51/2015/TTLT-BYT-BNV dated December 11, 2015, of the Ministry of Health and the Ministry of Home Affairs guiding the functions, tasks, powers, and organizational structure of the Department of Health under the People's Committees of provinces and centrally governed cities and the Health Departments under the People's Committees of districts, towns, and cities under provinces shall cease to be effective from the date this Circular takes effect, except for the provisions of Article 3 and Article 6 of Circular Jointly Issued No. 51/2015/TTLT-BYT-BNV which continue to be applied until the localities issue decisions detailing the functions, tasks, powers, and organizational structures of the Department of Health and the Health Departments.

Article 6. Responsibility for Organizing Implementation

1. The provincial People's Committee is responsible for:

a) Specifying in detail the functions, tasks, powers, and organizational structure of the Department of Health in accordance with management requirements, the specific characteristics of the locality, and the criteria for establishing organizations as prescribed by law; deciding on the establishment, restructuring, and dissolution of public service units in the field of health in accordance with the approved planning of public service units in the field of health by the competent authority and in accordance with the guidance of the Ministry of Health and the Ministry of Home Affairs; deciding on the transfer of district-level Health Centers to the management of the provincial People's Committee when meeting the criteria and conditions regarding infrastructure, human resources, and finance as stipulated by law;

b) Directing the Department of Health, the Department of Home Affairs, and the district-level People's Committees to review, establish, or amend and supplement the job position plan and the cadre rank structure of the Department of Health and the Health Departments and the job position plan in subordinate public service units of the Department of Health in accordance with the regulations; implementing the review of the number of civil servants and the number of staff working in public service units to report to the provincial People's Committee to propose the competent authority to allocate and adjust the number of civil servants and the number of staff working for the Department of Health and the Health Departments to ensure the implementation of tasks in accordance with the law;

c) Directing and guiding the district-level People's Committees to specify in detail the functions, tasks, powers, organization, and staffing of the Health Departments and the tasks, powers, and staffing for advisory management work in health of the People's Council Office and the People's Committee Office in places where there is no separate Health Department established to ensure the implementation of tasks in accordance with the law.

2. The Chairman of the provincial People's Committee is responsible for organizing the implementation of this Circular at the locality.

During the implementation of this Circular, in case of any difficulties or need for supplementation or amendment, the provincial People's Committee shall promptly reflect to the Ministry of Health (Department of Cadres and Civil Servants) for consideration and resolution within its jurisdiction./.