Decision No. 41/2008/QĐ-BYT on the functions, tasks, powers, and organizational structure of the Ministry of Health Inspectorate

Pursuant to …;

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

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THE MINISTER OF HEALTH

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;

Pursuant to Decree No. 188/2007/NĐ-CP dated December 27, 2007 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Health;

Pursuant to Decree No. 77/2006/NĐ-CP dated August 3, 2006 of the Government stipulating the organization and operation of the Health Inspection;

Considering the proposal of the Director of the Cadre and Civil Servant Organization Department and the Chief Inspector of the Ministry of Health,

DECISION:

Article 1. Position and Functions

The Ministry of Health Inspectorate (the Inspectorate) is an agency under the Ministry of Health, assisting the Minister of Health in performing state management functions regarding health inspection work; performing administrative inspection functions towards agencies, organizations, and individuals directly under the management of the Minister of Health, and specialized inspections within the fields under the state management scope of the Ministry of Health towards agencies, organizations, and individuals nationwide.

The Inspectorate is subject to direct management and guidance by the Minister of Health, while also being subject to guidance and direction on work, organization, and business procedures by the State Inspectorate.

The Inspectorate has its own seal and account at the National Treasury in accordance with the provisions of the law.

Article 2. Tasks and Authorities

1. Take the lead or participate in drafting, revising, and supplementing normative legal documents, inspection procedures, and regulations in the fields under the state management scope of the Ministry of Health according to the division of labor by the Minister, and submit them for issuance by competent authorities.

2. Inspect the implementation of policies, laws, and tasks of organizations, units, and individuals directly under the management of the Minister of Health.

3. Inspect compliance with legal provisions in the fields under the state management scope of the Ministry of Health towards organizations and individuals nationwide.

4. Serve as the focal point for directing and organizing the implementation of specialized food safety and population planning and family planning inspection work within the state management scope of the Ministry of Health.

5. Impose administrative penalties in accordance with the law for areas under the state management scope of the Ministry of Health.

6. Handle violations of legal provisions in the fields under the state management scope of the Ministry of Health within its authority, or propose competent authorities to handle such violations; propose competent authorities to suspend or revoke regulations found to be contrary to normative legal documents through inspection activities.

7. Perform tasks related to preventing and combating corruption in accordance with the law on prevention and control of corruption; serve as the permanent member of the Anti-Corruption Steering Committee of the Ministry of Health.

8. Require civil servants and employees under the direct management of the Minister to explain complaints and reports; conduct inspections, investigations, conclusions, and recommendations for handling complaints and reports within the authority of the Minister in accordance with the law.

9. Provide training on inspection work, complaint resolution, and anti-corruption for subordinate agencies and units of the Ministry; provide guidance and training on specialized inspection procedures for Provincial Health Inspectorates.

10. Direct and guide on organizational and inspection business procedures, direct and urge the implementation of inspection plans, complaint resolution, and anti-corruption measures for the Population and Family Planning General Inspectorate, Food Safety and Quality Control Inspectorate, and other subordinate agencies and units.

11. Inspect and check the responsibility of heads of subordinate public service agencies of the Ministry of Health in implementing legal provisions on inspection work, complaint resolution, and anti-corruption.

12. Monitor, inspect, and urge the implementation of inspection conclusions, recommendations, and decisions on handling.

13. Assist the Minister in the Ministry of Health's citizen reception work; participate in commendation and disciplinary councils and other councils as assigned by the Minister.

14. Summarize and report periodically or urgently on the results of inspections, complaint resolution, and anti-corruption within the state management scope of the Ministry of Health to the Minister and the State Inspector General; summarize experiences, draw lessons, and develop health inspection procedures.

15. Perform other tasks assigned by the Minister and other tasks and powers stipulated by law.

Article 3. Organizational Structure and Operations

1. Leadership of the Ministry's Inspectorate: includes the Head of the Ministry's Inspectorate and Deputy Heads of the Ministry's Inspectorate.

The Head of the Ministry's Inspectorate is appointed and relieved of duty by the Minister of Health after consultation with the Chief Inspector; he/she is directly responsible to the Minister of Health and to the law, and at the same time is responsible to the Chief Inspector for the activities of the Ministry's Inspectorate in performing its functions and tasks assigned.

Deputy Heads of the Ministry's Inspectorate are appointed and relieved of duty by the Minister of Health upon the proposal of the Head of the Ministry's Inspectorate; Deputy Heads assist the Head of the Ministry's Inspectorate, are assigned specific areas by the Head of the Ministry's Inspectorate; they are responsible to the Minister of Health, the Head of the Ministry's Inspectorate, and to the law for the tasks assigned.

2. Organizational Structure of the Ministry's Inspectorate:

a) Preventive Health Inspection Department;

b) Medical Examination and Treatment Inspection Department;

c) Pharmaceutical, Cosmetics, and Medical Equipment Inspection Department;

d) Administrative Inspection and Anti-Corruption Department;

e) General Affairs Department;

g) Southern Representative Office of the Ministry's Inspectorate (located within the Ministry of Health's representative office in Ho Chi Minh City);

3. Operation Mechanism

a) The Ministry's Inspectorate operates under the head system;

b) The functions, tasks, authorities, and relationships of the Departments under the Ministry's Inspectorate are defined by the Head of the Ministry's Inspectorate based on the functions and tasks of the Ministry's Inspectorate assigned by the Minister of Health;

c) The heads and deputy heads of the Departments under the Ministry's Inspectorate are appointed and relieved of duty according to current laws;

d) Inspectors and civil servants of the Ministry's Inspectorate are responsible to the Head of the Ministry's Inspectorate and to the law for performing their assigned tasks; they have obligations and rights as prescribed by law;

đ) The positions of Head of the Ministry's Inspectorate, Deputy Heads of the Ministry's Inspectorate, and leaders of the Departments under the Ministry's Inspectorate receive allowances as currently stipulated;

4. Staffing.

The staffing of the Ministry's Inspectorate is determined by the Minister of Health's Decision and adjusted annually based on work needs proposed by the Head of the Ministry's Inspectorate.

Article 4. Work Relationships of the Ministry's Inspectorate

1. The Ministry's Inspectorate collaborates with Departments, Bureaus, General Departments under the Ministry during the performance of its duties and powers; it collaborates with public security agencies, border guards, market management agencies, specialized inspectors, People's Committees at all levels, and related agencies and organizations in preventing, detecting, and handling violations of laws in the health sector.

2. The Ministry's Inspectorate has the authority to summon Inspectors from the Population and Family Planning General Department's Inspectorate, Food Safety Bureau's Inspectorate, Provincial Health Departments' Inspectors under central cities to participate in inspections led by the Ministry's Inspectorate or ad hoc inspections as required by the Ministry's Inspectorate.

Article 5. Effective Date

This Decision takes effect fifteen days after its publication in the Official Gazette.

Article 6. Responsibility for Implementation

The officials: Head of the Ministry's Office, Head of the Ministry's Inspectorate, Department Heads, Bureau Chiefs, General Department Chiefs under the Ministry of Health, and Heads of relevant agencies, units, and individuals are responsible for implementing this Decision./.