Decision No. 4224/2003/QĐ-BYT On the issuance of the Operational Regulations of the Ministry of Health's Office

DECISION OF THE MINISTER OF HEALTH

ON THE ISSUANCE OF THE REGULATIONS ON OPERATIONS OF THE MINISTRY OF HEALTH ORGANIZATION

 

 

THE MINISTER OF HEALTH

 

Pursuant to the Government Decree No. 86/2002/ND-CP dated November 5, 2002, stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to the Government Decree No. 23/2003/ND-CP dated 12/3/2003 of the Government promulgating the Regulations on Operations of the Government;

Pursuant to the Government Decree No. 49/2003/ND-CP dated 15/5/2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

At the proposal of the Director of the Ministry of Health's Office,

 

 

DECIDES:

 

Article 1. Issued herewith are the Regulations on Operations of the Ministry Organization 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.

Article 2. These Regulations shall take effect from the date of signature and issuance and replace Decision No. 863/QD-BYT dated October 5, 1994 of the Minister of Health on the issuance of the Regulations on Operations of the Ministry Organization.

Article 3. The Ministers, Deputy Ministers, Leaders and civil servants of the Departments, Bureaus, Inspectorate and the Office under the Ministry Organization are responsible for implementing this Decision.

 

REGULATIONS ON OPERATIONS OF THE MINISTRY ORGANIZATION

 

(Issued pursuant to Decision No.: 4224/2003/QD-BYT

dated August 11, 2003 of the Minister of Health)

PART I

Principles, scope of authority, responsibility, and methods of handling work;

working relationships within the ministry organization

 

Article 1. Principles of operations of the Minister, Deputy Ministers, and Leaders of the Departments, Bureaus, Inspectorate, and the Office of the Ministry of Health

A. Principles of operations of the Minister, Deputy Ministers

 1. The Minister, Deputy Ministers operate under the head system

The Minister is a member of the Government, the head of the Sector, and the Head of the Ministry, accountable to the Prime Minister and the National Assembly for the care and protection of people's health; implementing the State management functions, tasks, powers, and responsibilities of the Ministry over the entire healthcare sector according to the law. The Minister is responsible for the decisions of the Deputy Ministers concerning tasks assigned by the Minister. The Deputy Ministers assist the Minister in directing each field of work of the Ministry according to the Minister's assignment, using the Minister's powers to resolve matters within their assigned fields. The Deputy Ministers are accountable to the Minister for decisions related to the implementation of tasks assigned by the Minister.

2. All activities of the Minister and Deputy Ministers must ensure absolute leadership of the Party and the State towards better care and protection of people's health.

3. Handling work must be within the scope of authority, responsibility, clear, transparent, fair, and effective. Each matter has only one person in charge and primarily responsible. Procedures, processes, and deadlines for handling work must be followed according to plans, programs, and legal regulations.

4. Emphasize cooperation, information exchange between the Minister and Deputy Ministers in directing and resolving work as well as in all activities according to their assigned functions, tasks, powers, and responsibilities.

5. Maintain discipline, unity, promote democracy, initiative, creativity, and collective wisdom; always listen to subordinates' opinions, civil servants; seek coordination, support, and assistance from other Ministries, sectors, social organizations, local authorities, and international cooperation during the process of directing and managing all areas of health care and protection activities.

B. Principles of operations of Leaders of the Departments, Bureaus, Inspectorate, and the Office of the Ministry of Health

1. Leaders of the Departments, Bureaus, Inspectorate, and the Office (hereinafter referred to as

Leaders of units under the Ministry Organization) operate under the head system: Unit Heads are the heads of units, assisting the Minister and Deputy Ministers; accountable to the Minister and Deputy Ministers for the assigned field, activities of Deputy Unit Heads, and civil servants under their jurisdiction.

Deputy Unit Heads assist Unit Heads, assigned to handle certain aspects of work and must be accountable for the tasks assigned. 2. Based on the functions, tasks, scope of authority, and responsibility for State management of the unit; Leaders of units must implement the Party's policies, guidelines, and viewpoints on health to proactively organize direction, implementation, monitoring, urging, inspection, evaluation, and reporting on the unit's work according to the Minister and Deputy Ministers' regulations.

3. When assigned tasks by the Minister or Deputy Ministers, they must actively resolve them; if there are issues related to other units, directly discuss with the Leaders of the relevant units to resolve them. If beyond their unit's capacity, report to the Minister or Deputy Ministers who assigned the task to seek guidance for resolution. 4. All activities of Leaders of units under the Ministry Organization must ensure absolute leadership of the Party, State, Party Cadre Team, and the Minister and Deputy Ministers to serve people's health well.

5. Must comply with and understand the principles of operations within the scope and methods of handling work of the Minister and Deputy Ministers to promote the spirit of self-management, maintain discipline, unity, creativity, and complete assigned tasks effectively.

3. When assigned tasks by the Minister or Deputy Minister, they must proactively handle the work. If there are issues related to other units, they shall directly discuss with the leadership of the relevant unit to resolve them. In cases beyond their unit's capacity to resolve, they shall report to the Minister or Deputy Minister who assigned the task to seek guidance for resolution.

4. All activities of the leadership of the Ministry’s agencies must ensure the absolute leadership of the Party, the State, the Party Cadre Committee, and the Minister and Deputy Minister in order to serve the health of the people well.

5. They must comply with and thoroughly understand the principles of working within the scope and methods of handling tasks assigned by the Minister and Deputy Minister to promote a sense of ownership, maintain discipline, unity, creativity, and complete the assigned tasks effectively.

Article 2. Scope of authority, responsibilities, and methods for handling tasks of the Minister

A. Scope of authority and responsibilities of the Minister:

1. Leading and managing the operations of the Ministry of Health, performing the state management functions and powers over the entire sector as prescribed in Decree No. 86/2002/ND-CP dated November 5, 2002 of the Government on the functions, tasks, powers, and organizational structure of ministries, ministerial-level agencies, and implementing specific tasks and powers according to Decree No. 49/2003/ND-CP dated May 15, 2003 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Health.

2. Directly guiding areas of work: Developing strategies for sector development, establishing mechanisms and policies for the sector, political and ideological work, cadre and staff organization work, and other important sectoral works.

3. Assigning each Deputy Minister to be responsible for certain areas of work and overseeing the activities of certain units under the Ministry's agency, subordinate units of the Ministry, provincial health departments, and health departments of ministries and sectors.

4. Based on the requirements for directing and managing at different times, the Minister may directly handle some tasks assigned to Deputy Ministers or adjust the assignments among Deputy Ministers.

5. Delegating Deputy Ministers to resolve the Minister's tasks when the Minister is absent.

6. Signing legal normative documents issued by the Ministry, signing memorandums, reports, and proposals sent to higher authorities. In cases where the Minister is absent and there is urgent work, it shall be delegated to Deputy Ministers to sign in place.  to be signed by the Deputy Minister on behalf.

7. Reporting, answering questions, reflecting the thoughts, wishes of medical personnel, and the activities of the sector at government meetings and National Assembly sessions; directing citizen reception work, handling complaints and petitions from citizens.

8. Chairing or coordinating to handle important cross-sector issues.

9. Proactively addressing sudden and newly emerging issues such as epidemics, disasters, mass injuries and accidents, if the matter exceeds the Ministry's capacity, report to seek guidance from higher authorities.

B. Methods for Handling Tasks of the Minister

1. Processing tasks based on documents and memorandums from the Ministry's agency, from internal and external sources (from central agencies to localities, from organizations within the political system, and from citizens). both within and outside the Sector sent to (from central agencies to localities, from organizations within the political system and citizens). 6. During the process of handling and resolving work and through practical experience, Deputy Ministers need to consider, evaluate, and draw lessons to guide the Sector; at the same time, propose solutions to the Minister to address existing issues appropriately.

2. Organizing and chairing meetings, working with central agency leaders, mass organizations, and provincial People's Committee Chairmen regarding health-related issues. The procedures for meetings and work follow established regulations.

3. Receiving guests, working, and signing cooperation documents with representatives of the government and international organizations on health cooperation according to the procedures for receiving and working with foreign guests.

4. Chairing major conferences, seminars, and commemorations of the Party, State, and sector according to their nature and importance as assigned by higher authorities and in accordance with the Ministry's functions.

5. Directing and implementing tasks: Citizen reception, handling urgent and confidential matters, traveling on duty as prescribed.

Article 3. Scope of authority, responsibilities, and methods for handling work of the Deputy Minister

A. Scope of authority and responsibilities of the Deputy Minister

1. Independently handle regular tasks within the authority delegated by the Minister; directly oversee certain tasks; monitor and direct the activities of certain units under the Ministry's Office and other health units assigned by the Minister.

2. Study and advise the Minister on drafting regulatory legal documents, projects on mechanisms and policies, strategies, plans, development programs of the Sector, and political tasks of the Sector within the field of responsibility or as assigned by the Minister for the Minister to issue or submit to higher authorities for issuance.

3. Direct and inspect the implementation of decisions, plans, and work programs within the field assigned by the Minister; simultaneously identify, report, and propose solutions to the Minister regarding issues arising that need to be addressed and adjusted to align with the overall mission of the Sector.

4. Be authorized by the Minister to handle tasks directly overseen by the Minister when the Minister is absent, and handle the tasks of another Deputy Minister when that Deputy Minister is absent, as assigned by the Minister.

5. Sign on behalf of the Minister documents within the Minister’s authority within the scope of the field monitored or authorized by the Minister to sign the Minister's documents when the Minister is on official business.

6. Be assigned by the Minister to chair or participate in meetings, briefings, conferences, seminars, and ceremonies organized by the Ministry or invited by central or local agencies.

7. Be assigned by the Minister to meet with and work with international guests and be dispatched abroad.

8. Receive citizens and resolve complaints and petitions from citizens within the Deputy Minister's area of responsibility or other areas assigned by the Minister.

9. The Deputy Minister, as assigned by the Minister, directs and oversees the activities of units and mass organizations within the Ministry's Office tasked with assisting the Minister in organizing and implementing the Interagency Cooperation Regulation between the Government and the Trade Union, the Ho Chi Minh Communist Youth Union within the Ministry's Office; Regularly (every six months, annually) hold joint meetings to review and evaluate the results of cooperation among parties and report to the Minister for consideration and resolution of issues related to the legitimate rights and interests of civil servants in the Ministry's Office. B. Methods for Handling Work of the Deputy Minister

1. Based on the field of work assigned by the Minister, daily handle tasks based on documents and letters transferred by the Minister, presented by leaders of units under the Ministry's Office, or transferred by unit heads, or presented by leaders of units under the Ministry's Office.

2. Handle tasks within the scope of authority and duties assigned by the Minister; however, if issues relate to fields overseen by another Deputy Minister, actively coordinate and exchange opinions with that Deputy Minister to jointly resolve them; if opinions are not aligned, the Deputy Minister responsible for the task must report to the Minister for decision.

3. Based on the Ministry's overall Work Plan and Program, establish quarterly, monthly Work Plans and Programs, and weekly schedules to handle tasks assigned by the Minister.

4. Handle classified, urgent, and unexpected tasks assigned by the Minister.

5. During the process of handling and resolving tasks and through practical experience, Deputy Ministers should consider, assess, and draw lessons for directing the Sector; simultaneously propose solutions to the Minister to address existing issues appropriately.

7. The Director of the Bureau has additional responsibilities:

Article 4. Scope of authority, responsibility, and methods for handling tasks of the Director of the Ministry's Office

1. Assist the Minister in handling work and performing state management functions and responsibilities for the Ministry's Office, ensuring conditions to serve the guidance and management of the Minister and Deputy Ministers, and working conditions for units under the Ministry's Office; be responsible to the Minister for tasks within the scope of responsibility of the Office and other tasks assigned by the Minister and Deputy Ministers. 2. Submit to the Minister and Deputy Ministers for processing incoming and outgoing documents and daily tasks according to the weekly work program of the Ministry.

3. Directly or act as the coordinating point to cooperate with related units to assist the Minister and Deputy Ministers in organizing the development and implementation of projects, plans, and work programs of the Ministry. Implement administrative reform, socialization of health work, disaster prevention, information technology application in the industry, and other tasks assigned by the Minister and Deputy Ministers.

4. Carry out comprehensive work, reporting (weekly, monthly); report on the guidance and management of the Minister (every six months, annually); study and propose the situation of activities of the Ministry's Office, the entire industry, and organize the handling of regular or urgent tasks of the Ministry according to the assignment of the Minister and Deputy Ministers.

5. Monitor and urge units to implement tasks assigned by the Minister and Deputy Ministers.

 6. Attend departmental meetings, some conferences, seminars, and local trips assigned by the Minister and Deputy Ministers.

 7. Perform the task of notifying the guidance opinions and conclusions of the Minister and Deputy Ministers to relevant units.

 8. Manage the issuance of documents by the Minister and Deputy Ministers; guide, inspect, and urge units under the Ministry's Office and subordinate units regarding archival work.

 9. Manage the budget and assets of the Ministry's Office (excluding Bureaus), ensuring logistical support for the activities of the Ministry's Office.

 Article 5. Scope of authority, responsibility, and methods for handling tasks of Department Heads, Bureau Chiefs, and the Inspector General of the Ministry

1. Department Heads, Bureau Chiefs, and the Inspector General assist the Minister in directing and implementing state management functions and responsibilities for areas assigned by the Minister.

2. Be responsible to the Minister for the field of work of their unit (including political, professional, human resources, financial, material assets, and regulations of the Ministry), for the activities of Deputy-level officials and staff under their jurisdiction.

3. Based on the Ministry's work plan and program, build the unit's work plan and program, organize implementation, inspection, urging, summarizing, analyzing, and evaluating results. 4. Act as the coordinating point to cooperate with related units, social organizations, and professional associations to advise the Minister in building or proposing amendments and supplements to legal normative documents, projects on mechanisms, policies, strategies, planning, and development plans within the assigned field. 5. Implement specialized inspection and supervision work as prescribed by law.

6. Issue guiding documents on management operations, guiding the implementation of standards, procedures, technical norms, and professional practices for the field under their responsibility according to the authorization of the Minister.

7. Bureau Chiefs have additional tasks:

a. Implement certain powers delegated by the Minister to resolve specific professional matters for public service units and state-owned enterprises related to their field.

b. Organize the enforcement of legal normative documents in their field; perform duties as a legal entity (issue, revoke various licenses, certificates, certifications; organize fee collection; suspend operations or permit certain professional activities within their field according to legal provisions).

a. To implement certain powers delegated by the Minister to resolve specific matters in their field for public service units and state-owned enterprises related to their field.

b. To organize the enforcement of legal regulations in their field; perform duties as a legal entity (issue, revoke various licenses, certificates, certifications; organize fee collection; suspend operations or permit certain activities within their field of responsibility as prescribed by law).

2. Drafting projects for approval by the Minister: a. Projects drafted by a unit assigned by the Ministry's leadership to take the lead in drafting shall be submitted for the Minister's approval according to their authority. If the project involves multiple fields, the drafting unit must seek opinions from related units before submitting it to the Minister for approval.

Article 6. Scope of authority, responsibility, and methods for handling work of Deputy Heads of Departments, Deputy Directors, Deputy Inspectors, and Deputy Heads of the Ministry's Office

1. Deputy Heads of Departments, Deputy Directors, Deputy Inspectors, and Deputy Heads of the Ministry's Office shall perform certain aspects of their unit’s tasks and be responsible for the duties assigned by the Head of the unit.

2. Develop plans and programs of work within the scope assigned by the Head of the unit and proactively organize and implement them effectively within the unit.

3. Handle work delegated by the Head when the Head is absent.

4. Be authorized by the Head to sign certain documents on behalf of the unit.

5. Together with the Head, care for the spiritual and material well-being of staff in the unit and be responsible for their actions when assigned tasks.

Article 7. Responsibilities and Duties of Civil Servants in Units under the Ministry's Agency

Civil servants (including long-term and short-term contractual employees) have responsibilities and obligations:

1. During working hours, they must wear formal attire, display the Civil Servant Card as prescribed; their workplace must always be neat and clean.

2. Fulfill their assigned functions, responsibilities, and tasks well; avoid errors due to lack of responsibility.

3. When interacting with guests, they must be courteous, attentive, not create difficulties or be rude; handle matters promptly and according to the agreed schedule.

4. Participate in scientific research; study to improve political, professional, vocational, foreign language, and computer skills.

5. Strictly comply with laws, internal regulations, and rules of the agency and unit; participate in social activities of the agency; practice thrift, oppose corruption, waste, and social evils.

6. Implement democratic regulations, foster unity, respect superiors and colleagues, do not shirk responsibility onto others, and help each other complete tasks.

Article 8. Working Relationships within the Ministry's Agency

1. The working relationship between the Minister and Vice Ministers, Leaders, and civil servants of units is that of a superior to subordinate, a comrade relationship to assist the Minister in fulfilling the tasks assigned by the Party and State. The working relationship between Vice Ministers and Leaders, and civil servants of units is also that of a superior to subordinate, a comrade relationship to assist Vice Ministers in completing the tasks assigned by the Minister.

2. The relationship among Vice Ministers is one of cooperation in responsibility to jointly assist the Minister in effectively performing state management functions over the health sector. When handling matters related to areas overseen by another Vice Minister, before presenting to the Minister for decision or making a decision themselves, they must directly consult and exchange opinions with the relevant Vice Minister; if there are differing opinions, report to the Minister for decision.

3. The relationship among Leaders of units under the Ministry's Agency is that of comrades, a horizontal relationship, and cooperation in responsibility to effectively fulfill the functions and tasks of each unit, the Ministry's Agency, and the entire sector as assigned by the Minister and Vice Ministers.

4. When handling matters, if issues relate to the functions and tasks of other units, the Head of the unit must actively exchange opinions with related units; responses to consultations must be provided in writing according to the content and time required; if there are differing opinions, report to the Minister or the relevant Vice Minister for decision.

5. The relationship between the Party Cadre and Staff Committee (BCSD), Minister-Vice Minister (BTT) and the Party Committee of the Agency (DUCA), Trade Union of the Agency (CDCA), Youth League of Vietnam Communist Party of the Agency (DTNCQ) is defined as follows: The relationship between BCSD and BTT is that of the Party organization and the highest administrative body of the sector, reflecting leadership, guidance, and implementation of the Party and State's policies on health work. The relationship between BCSD and DUCA is that of a higher-level Party organization to a lower-level one within the sector; the DUCA of the Ministry is subject to absolute leadership by the BCSD of the Ministry of Health and is led by the Party Committee of the Science and Education Sector. The relationship between BCSD, DUCA, and CDCA, DTNCQ is that of the Party leading mass organizations, where members exercise their right to participate in management and carry out campaigns to build the agency and unit. The relationship between BTT and CDCA, DTNCQ is one of coordination between the administration and mass organizations to achieve the Ministry's political objectives, develop the sector, and protect the legitimate rights and interests of civil servants in the Ministry's Agency.

 

PART II

Establishing Work Programs and Drafting Proposals

A. Establishing Work Programs

Article 9. Establishing the Ministry's Work Plan and Program

1. Based on the State plan, the Government's work program, the directives of the Minister, and the proposed plans and programs of the units within their respective fields, the Planning-Finance Department shall take the lead and coordinate with the Ministry's Office to prepare the annual work plan and program of the Ministry for submission to the Minister for approval, and to prepare major work contents of the Ministry to be sent to the Government's Office in the first week of August each year. 2. The Ministry's Office shall establish the weekly work program of the Ministry based on the schedule of the Minister and Deputy Ministers. Based on the Ministry's schedule, the leaders of the units shall organize the implementation and execution.

3. Adjustments to the Ministry's work program shall be made based on the operational directives of the Minister and the proposals of Deputy Ministers and unit heads who have been agreed upon by the Minister.

Article 10. Establishing the Work Plan and Program of Units

1. Based on the Ministry's work plan and program, the units shall propose their own work plans and programs within their respective fields and develop their annual work plans and programs with the following requirements:

a. The work plans and programs must be feasible, specific regarding time and content of each task assigned according to the regulations of the Minister of Health.

b. For proposed work plans and programs within the unit's field to be included in the next year's industry or Ministry work plan submitted to the Central Government or the Government, only major issues should be highlighted.

2. Timeframe:

Proposals for work plans and programs within the unit's field to be included in the next year's industry work plan shall be submitted to the Planning-Finance Department at the beginning of July each year.

Unit work plans and programs must be submitted to the Minister for approval before October 30 each year. B. Drafting Projects

Article 11. Assignment of Project Leadership and Drafting of Projects and Legal Normative Documents 1. Projects Submitted to the Government and Prime Minister for Approval

a. Projects or legal normative documents (hereinafter referred to as projects) submitted to the Government shall be led by the Minister or a Deputy Minister designated by the Minister.

b. Depending on the nature of the project, the Minister shall assign a unit to be the main drafter of the project, with the participation of relevant units within the Ministry. Projects related to healthcare personnel policies must seek the opinions of the Vietnam Medical Association, subordinate units of the Ministry, provincial and municipal health departments under the central government, and sectoral health services. After the draft project is approved internally within the industry, the drafting unit shall solicit contributions from other ministries, sectors, and social organizations (if relevant). Subsequently, the project will be finalized and the Minister's report prepared for submission to the Government and Prime Minister for approval.

2. Projects Submitted to the Minister for Approval

a. Projects submitted to the Minister for approval and issuance within his authority shall be led by a unit designated by the Ministry leadership. If the project involves multiple fields, the drafting unit must obtain the opinions of relevant units before submitting it to the Minister for approval.

b. Projects within the purview of a Deputy Minister shall be reviewed and commented on by the Deputy Minister prior to submission to the Minister.

b. For projects within the Deputy Minister's area of responsibility, the Deputy Minister must review and provide comments before submitting them to the Minister.

b. Based on the content of the document and the functions and responsibilities of each unit, the Minister and Deputy Minister will assign tasks to the units to organize and implement.

c. The storage of these documents is regulated as follows:

Article 12. Provisions on the dossier of a project

1. The dossier of a project submitted to the Government or the Prime Minister for approval must include the following documents:

a. The draft proposal of the Minister submitting the project to the Government or the Prime Minister for approval must contain the following main contents:

The necessity to develop the project;

The basis for the project, the process of developing the project, opinions from participation (or review) of relevant Ministries and sectors; The basic content of the project;

Issues not agreed upon by relevant Ministries and sectors must be explained with the viewpoint of the Ministry and request guidance from the Government or the Prime Minister.     

b. The draft project.

c. Documents containing opinions from participation or review of relevant Ministries and sectors (original version).

d. Draft guiding documents for implementing the project. e. Plan and program of actions to organize implementation after the project is approved by the Government or the Prime Minister.

2. The dossier of a project submitted to the Minister for approval:

a. The proposal of the head of the leading unit submitting the project to the Minister for approval must include the following requirements:

A summary of the current situation to highlight the necessity to develop the project.

The basis for the project, the process of developing the project, opinions from related units and relevant Ministries and sectors (if required).

Recommendations of the head of the unit regarding issues not agreed upon, requesting guidance from the Minister.

b. Plan and program of actions to organize implementation after the project is approved.

3. Provisions on the time frame of the project:

c. Documents containing opinions from participation or review of relevant Ministries and sectors (original version).

a. The Legal Affairs Department is responsible for preparing the report on the list of projects (clearly showing: name of the project, main content of the project, decision-making level and deadline for each project) proposed by the Ministry to the Government or the Prime Minister for approval in the following year, which must be signed off by the Minister and sent to the Office of the Government before October 30 each year.

b. Units proposing projects must prepare the projects according to the procedure and send them to the Office of the Government one month prior to the registration deadline for the list of projects.

Handling incoming correspondence and issuing documents Article 13. Procedure for handling incoming correspondence at the Ministry 1. All incoming documents to the Ministry must be registered in the Incoming Correspondence Register at the Administrative Department and stamped with the incoming correspondence stamp, clearly noting the date of receipt. In special cases, units may directly receive correspondence but must subsequently register it in the Incoming Correspondence Register at the Administrative Department for tracking purposes.

2. For laws, ordinances, and other regulatory legal documents issued by the National Assembly, the Government, or Ministries and agencies equivalent to Ministries sent to the Ministry of Health, the following procedures apply: a. The Administrative Department registers in the Incoming Correspondence Register and forwards to the Director of the Ministry's Office to report to the Minister and Deputy Ministers.

 

CHAPTER III

b. Based on the content of the document and the functions and responsibilities of each unit, the Minister and Deputy Ministers will consider and assign tasks to units to organize implementation.

c. The storage of these documents is regulated as follows:

For laws, ordinances, and other regulatory legal documents issued by the National Assembly and the Government, the original copies are stored at the Secretariat, the Ministry's Office, and sent to relevant units and the Legal Affairs Department to organize implementation according to the guidance of the Minister and Deputy Ministers.

For regulatory legal documents issued by Ministries and sectors, the original copies are transferred and stored at functional units assigned by the Minister and Deputy Ministers to organize implementation. These units will copy and send to the Legal Affairs Department and relevant units to coordinate implementation according to the guidance of the Minister and Deputy Ministers.

All original documents mentioned above are only stored at the Secretariat and in units for one year, and by the first quarter of the following year, they must be transferred to the Records Room of the Ministry's Office for storage in accordance with national regulations on records management.

For laws, ordinances, and legal regulatory documents issued by the National Assembly and the Government, the original copies shall be stored at the Secretariat, the Ministry's Office, and sent to relevant units and the Legal Department to organize implementation according to the directives of the Minister and Deputy Minister.

For legal regulatory documents of other Ministries and sectors, the original copies shall be transferred and stored at functional units assigned by the Minister and Deputy Minister to organize implementation. These units shall send copies to the Legal Department and relevant units to coordinate implementation according to the directives of the Minister and Deputy Minister.

All original documents mentioned above shall only be stored at the Secretariat and in units for one year, and by the first quarter of the following year, they must be transferred to the Archive Room of the Ministry's Office for storage in accordance with national regulations on archiving.

summary of the draft document's leadership, Legal Department leadership, Office leadership, and forwarded to the Administrative Department for the Minister's signature and approval.

(except for Bureaus) may act on behalf of the Minister to issue letters to units within the Sector regarding urging, reminding, guiding professional matters, answering questions about professional matters, the implementation of state regulations and Ministry regulations. Unit leaders sign letters to healthcare facilities and other ministries' agencies regarding professional exchanges according to their assigned functions and responsibilities but must not contravene state regulations and Ministry of Health regulations. In some special cases, the Minister may consider and allow Bureau Directors to sign on behalf of the Minister and affix the Ministry's seal.

Article 14. Procedures for Signing Official Documents

1. Official documents submitted to the Minister, Deputy Minister for approval, or to the head of a unit assigned the task of drafting must be responsible for the entire content, sign off on the document, and send it to the Administrative Office of the Ministry.

2. Legislative documents issued by the Ministry within its authority, when submitted to the Minister or Deputy Minister for signing, must have the abbreviated signature of the Head of the drafting unit, the Head of the Legal Department, and sent to the Administrative Office of the Ministry.

3. The report to the Central Party Committee and State regarding draft projects and legislative documents, when submitted to the Minister, must have the abbreviated signatures of the Head of the drafting unit, the Head of the Legal Department, and the Head of the Ministry's Office, and forwarded to the Administrative Office for submission to the Minister for approval. (for the Ministry Inspectorate) and must be stored (original and list attached to the invitation) in accordance with regulations on document management and archiving. 2508/1999/QÐ-BYT dated August 19, 1999, by the Minister of Health; Attention must be paid to managing seals, managing correspondence, files, especially confidential files and staff records to prevent loss or damage.

4. When submitting documents, all related files concerning the preparation of the document must be attached.

Article 15. Authority to Sign and Issue Official Documents

1. Draft Laws, Ordinances, legislative documents, and projects submitted to the Government or Prime Minister must be reviewed and signed by the Minister or, if authorized by the Minister, by a Deputy Minister who will sign the report to the Government or Prime Minister.

2. Legislative documents issued by the Ministry within its authority must be signed by the Minister or, if assigned by the Minister, by a Deputy Minister responsible for that field and reported to the Minister.

3. Official letters sent to other Ministries, agencies at the level of Ministries, government agencies under the Prime Minister, and Chairpersons of Provincial People's Committees must be signed by the Minister or Deputy Minister. Unit leaders (except for Bureaus) may sign official letters sent to units within the sector with content urging, reminding, guiding professional matters, answering questions about professional matters, implementation of state regulations, and Ministry regulations, but not contrary to state regulations and the Ministry of Health's regulations. Leaders of units sign official letters sent to healthcare facilities and other agencies of other Ministries and sectors with content exchanging professional and business matters according to their assigned functions and tasks, but not contrary to state regulations and the Ministry of Health's regulations. In some special cases, the Minister will consider and allow Bureau Chiefs to sign on behalf of the Minister and stamp the letter with the Ministry seal. (directly with the Minister or Deputy Minister) should be sent to the Ministry Office clearly stating the purpose, content, location, and time of the meeting. Visiting funerals of spouses and four immediate family members of officers and civil servants in units under the Ministry shall be organized directly by the unit leadership and coordinated by the Civil Service Affairs Department.

Inspection, receiving citizens; promptly addressing proposals, complaints, and reports.

4. Signing Meeting Invitations:

a. If organizing a conference inviting provincial and municipal leaders, central ministry and sector leaders to attend, the invitation must be signed by the Minister or Deputy Minister.

b. Meetings, conferences, seminars, training sessions, and briefings with a nature of state management, inviting leaders of provincial health departments and units directly under the Ministry, must be approved by the Minister or Deputy Minister, and the Director of the Ministry's Office must sign the invitation. c. For purely professional and business meetings, seminars, and training sessions organized by units under the Ministry, the invitation must be signed by the unit leader and stamped with the Ministry seal (for Departments and the Ministry's Office), Bureau seal (for Bureaus), and Inspectorate seal (for the Inspectorate), and stored (original and list attached to the invitation) according to regulations on document management and archiving. (monthly citizen reception by the leadership of units under the Ministry).

Article 16. Implementation of Document Management and Archiving

The Minister, Deputy Ministers, and Heads of Units must pay attention to directing the implementation of document management and archiving as stipulated in Decision No. 2508/1999/QĐ-BYT dated August 19, 1999, of the Minister of Health; Must pay attention to managing seals, managing official letters, and files, especially confidential files and staff records, to prevent loss or damage. State management; timely and properly addressing proposals, suggestions, complaints, and reports of units, agencies, and citizens within the Ministry's jurisdiction according to legal provisions. related matters.

 

PART IV

Receiving Guests, Holding Meetings, Traveling on Official Business

Article 17. The Minister and Deputy Ministers Receiving Domestic Guests

 1. Guests needing to meet and work with the Minister or Deputy Minister must notify the Ministry's Office via telephone, fax, or written request (except in special cases where guests contact the Minister or Deputy Minister directly), specifying the purpose, content, location, and time of the meeting. via email, stating reasons and requesting additional time from the proposing party. weekly or no later than 9:00 AM on Monday of the following week.

 2. The duties of the Ministry's Office include:

Submitting to the Minister or Deputy Minister responsible for the relevant field the guest's request to meet and work.

Promptly informing the guest of the Minister's or Deputy Minister's decision on whether to meet, the Minister's or Deputy Minister's instructions on the composition of attendees for receiving guests (if meeting), and coordinating with relevant units to prepare content for serving the reception.

Article 18. The Minister and Deputy Ministers receiving foreign guests

Receiving foreign guests includes the following forms: social reception, working meetings, signing memorandums of understanding, cooperation agreements, sponsorship, etc., which shall be conducted according to the regulations of the State and the Ministry of Foreign Affairs depending on the guest's identity. For social receptions, working meetings, signing memorandums of understanding, cooperation agreements, sponsorship, etc., the Minister and Deputy Ministers will receive guests based on the regulations of the State and the Ministry of Foreign Affairs.

The International Cooperation Department shall handle all procedures in accordance with the regulations and propose the forms of reception, content, time, and recommend the Minister or Deputy Minister to attend.

After the reception, if there are issues to be resolved but they do not fall within the jurisdiction, a written document must be sent to the higher authority or the competent authority for consideration and resolution.

Article 19. Organizing briefing sessions and meetings

1. Organizing briefing sessions

Every Monday: Morning, briefing session of units; Afternoon, briefing session of the Party Cadre Board, the Minister, and Deputy Ministers (as decided by the Minister) and the Ministry-wide briefing session including the Minister, Deputy Ministers, leaders of units under the Ministry, and leaders of some units designated by the Minister.

The Minister chairs the Ministry-wide briefing session. In case the Minister is absent due to work, the Deputy Minister in charge of the week at the Ministry shall chair the briefing session.

The Ministry Office organizes services and announces the directives of the Minister and Deputy Ministers after the briefing session for units to base their action plans and implementation on.

2. Organizing meetings of the Ministry and the Sector

The Ministry organizes political activities every quarter/once, holds an annual meeting of cadres and civil servants, and organizes other specialized meetings and conferences.

 Every six months and annually, the Minister and Deputy Ministers meet with the leaders of subordinate units of the Ministry, the leaders of provincial and municipal health departments directly under the central government, and units under the Ministry to review and evaluate the implementation of work plans and the guidance and management of the Ministry.

Annually, the celebration of Vietnam Doctors' Day on February 27 may be combined with the year-end summary and the launch of a sector-wide competition movement.

Requirements for meetings of the Ministry and the Sector: Leaders of units and cadres and civil servants invited to attend meetings must attend in full according to the specified components and time, and complete the entire program (except in cases of force majeure).

Article 20. Going on duty to grassroots levels, localities, and abroad

1. Going on duty to grassroots levels and localities

The Minister, Deputy Ministers, leaders, and cadres and civil servants of units under the Ministry going on duty to grassroots levels and localities according to plans or necessary work requirements must ensure that the trip is practical and economical; they can inform the grassroots level and locality in advance or not; they should not cause inconvenience to the grassroots level and locality. After each trip, cadres and civil servants must report the results to the unit leader, proposing suggestions and solutions to assist the grassroots level and locality.

Decision-making for trips to grassroots levels and localities: The Deputy Minister's trip is decided by the Minister, the head of units' trip is decided by the Minister or the Deputy Minister responsible for the unit's field of work, and the trip of deputy heads and cadres and civil servants is decided by the unit head; travel expenses and means of transportation follow the current financial regulations.

The Ministry Office is responsible for coordinating with relevant units to prepare the program, content, time, and composition of the delegation for the Minister and Deputy Ministers' trips to grassroots levels and localities to inform them in advance.

2. Trips abroad

The Minister's trip abroad requires permission from the Prime Minister. The Deputy Minister's trip abroad is decided by the Minister according to the Prime Minister's regulations. The International Cooperation Department leads the relevant units to handle the procedures for the Minister and Deputy Ministers as stipulated.

The Minister, Deputy Minister, or authorized person examines and decides on the heads of units and cadres and civil servants' trips for study and training abroad. The Personnel Department and the International Cooperation Department handle the procedures for outgoing delegations. Within seven working days after the end of the trip, the team leader (or individual) must submit a written report to the Minister, copied to the International Cooperation Department for information.

3. Annual leave, condolences

a. Annual leave, compensatory leave, sick leave, overtime, and night shift are implemented according to labor laws.

b. The head of units under the Ministry decides on annual leave, compensatory leave, sick leave, overtime, and night shift according to current regulations.

c. Regarding condolences, the following provisions apply:

Condolences for the death of superiors are organized by the Minister or Deputy Minister as the head of the delegation, with the Ministry Office as the organizing body.

Condolences for the death of spouses and four immediate family members of the Minister, Deputy Ministers, and leaders of units under the Ministry and directly under the Ministry are organized by the Personnel Department, with relevant units under the Ministry cooperating to resolve.

Condolences for the death of spouses and four immediate family members of cadres and civil servants in units under the Ministry are organized directly by the unit leaders, with the Personnel Department cooperating to resolve.

Inspection, public reception; handling proposals, complaints, and denunciations

monthly.

 

CHAPTER V

The inspection work, receiving citizens; handling proposals, complaints, and reports

Article 21. Responsibilities of the Minister, Deputy Ministers, and Heads of Units under the Ministry in inspection, supervision, citizen reception; handling requests, suggestions from units and agencies; and resolving citizens' complaints and denunciations.

 1. The Minister and Deputy Ministers shall direct the Ministry Inspectorate to organize regular or surprise inspections on the implementation of laws, regulations, policies, and assigned tasks by units and individuals responsible, especially in financial management, material assets, and basic construction; prevent wastefulness, corruption, and significant losses; avoid prolonged unresolved disputes, mass protests, and appeals beyond jurisdiction; instruct unit heads to promptly review and correct violations; strictly implement inspectorate conclusions and recommendations ensuring democratic and transparent processes.

 2. The Minister, Deputy Ministers, and Heads of Units under the Ministry must participate in citizen reception work as stipulated in Decree No. 89/CP dated August 7, 1997 of the Government (the Minister decides the list of Deputy Ministers and Leaders of Units under the Ministry for monthly citizen reception). and the Leaders of units under the Ministry's agency shall receive citizens monthly.

3. Handling complaints and denunciations must be linked with administrative state management; timely and properly resolve requests, suggestions from units and agencies, and citizens' complaints and denunciations within the scope of the Ministry of Health's state management functions and responsibilities according to the law. state; promptly and in accordance with the provisions of the law, handle the proposals, suggestions of units and agencies, and the complaints and reports of citizens within the scope of the Ministry of Health’s functions and tasks in managing state affairs.

4. Timeframes for responding to letters and documents from groups and individuals:

Units under the Ministry must respond in writing to individuals, central and local authorities, and social organizations within a maximum period not exceeding seven working days from receipt of the request letter.

Requests to units under the Ministry must be responded to within a maximum period not exceeding two working days.

Requests from units under the Ministry to the Minister and Deputy Ministers must be responded to within a maximum period

not exceeding three working days. The Minister and Deputy Ministers shall handle requests from central ministries, provincial People's Council Chairmen, and municipal People's Committee Chairmen directly under the Central Government according to their authority and respond in writing within fifteen working days from receipt of the request letter if no other opinions are required, and thirty working days if opinions from other agencies are needed regarding related matters. matters related thereto.

If the responding party considers it impossible to fulfill within the above timeframes, they must report (by letter, telephone, fax, email) the reasons and request additional time from the requesting party. (Email) stating the reasons and requesting additional time for the proposing or suggesting party.

Article 22. Powers and Responsibilities of the Ministry of Health Inspectorate

1. Implement inspection powers within the scope of the Ministry's state management as prescribed by law on inspection.

2. Inspect compliance with laws, implementation of systems, policies, and assigned tasks by units and individuals under the Ministry as prescribed by law.

3. Assist the Minister and Deputy Ministers in citizen reception work and handling suggestions, complaints, and denunciations as prescribed by law.

 

Chapter VI

Information and reporting regime

Article 23.Units under the Ministry must ensure accurate and timely information and reporting systems to serve the directives and management of the Minister and Deputy Ministers; manage information and reporting, maintain confidentiality of information and reports; comply with press release and information provision rules for media outlets; manage communication tools such as computers, telephones, fax machines, emails, and internet.

Units under the Ministry must strictly adhere to and follow procedures for the following types of reports:

1. Weekly Report

a. The Preventive Medicine and HIV/AIDS Control Department reports on disease situations, the Food Safety and Quality Control Department reports on food poisoning situations, the Treatment Department reports on healthcare activities at medical facilities.

b. Other units must report and propose solutions to the Minister and Deputy Ministers when unexpected issues arise.

Reports must clearly state the situation (with specific data), causes, implemented activities, forecast future developments, and matters requiring the Minister and Deputy Ministers' approval.

Reports must be submitted to the Ministry Office between 16:00 and 16:30 on Fridays each week or no later than 9:00 on Mondays of the following week. weekly or at the latest before 9:00 AM on Monday of the following week.

2. Monthly Report

 a. Units under the Ministry must submit monthly reports covering the following contents:

Evaluation of the implementation of regular and urgent tasks. Reports should focus on the main activities of the unit during the month with specific results (including data), observations, and forecasts (if applicable);

Outline key tasks to be carried out in the next month;

Issues requiring proposals to the Minister and Deputy Ministers for resolution or suggestions to the Government for consideration and resolution.

b. Reports must be submitted to the Ministry Office before 16:00 on the 17th of each month. The Ministry Office is responsible for compiling the Ministry's report, presenting it to the Minister for approval and signature, and sending it to the Government Office before the 20th of each month. monthly.

3. Mid-Year Report

a. Content of the report:

Units must summarize and evaluate the results of implementing the Plan and Work Program for the first six months of the year (with specific data), existing problems, and necessary corrective measures.

Outline the Plan and Work Program for the last six months of the year;

Issues requiring proposals to the Minister and Deputy Ministers for resolution or suggestions to the Government and Prime Minister for consideration and resolution.

b. Reports must be submitted to the Planning and Finance Department before June 10th each year. The Planning and Finance Department is responsible for compiling the Ministry's report, presenting it to the Minister for approval and signature, and sending it to the Government Office, the Ministry of Planning and Investment, and the General Statistics Office before June 15th each year.

4. Annual Report

a. Content of the report:

Units must summarize and evaluate the results of implementing the annual plan and work program,

detailing achievements in various areas of work, projects (with specific data), existing problems, causes, and corrective measures, and proposals and suggestions.

The situation of health budget management;

Building plans and programs for the unit's activities in the upcoming year.

b. Report submitted to the Department of Planning and Finance before October 15 each year. The Department of Planning and Finance is responsible for compiling the Report of the Ministry, which will be reviewed and signed by the Minister and sent to the Office of the Government and relevant ministries and sectors before October 30 each year.

5. Special Reports

a. When urgent and important events occur within the scope of the industry's management responsibilities that require reporting and seeking guidance from higher authorities, the Minister or Deputy Minister will assign the responsible unit to prepare the Report with the following content requirements:

Summary of the development situation and impacts of the event and its causes;

Measures taken and their results;

Recommendations and suggestions to higher authorities.

b. The Report must be completed urgently according to the specific time frame set for each case, approved by the Minister, and sent to the higher authority via the fastest communication means.

6. Thematic Reports

Thematic Reports apply to programs, projects, mechanisms, policies, and special and important tasks as required by higher authorities.

The Director of the Ministry's Office, acting on behalf of the Minister, shall notify the relevant units responsible for preparing the Thematic Report according to the content requirements of the Report.

 

Chapter VII

Implementation Provisions

 Article 24. Organization of Implementation, Monitoring, and Inspection of the Regulation

 1. The Minister, Deputy Ministers, Leaders, and staff of units under the Ministry of Health are responsible for implementing this Regulation.

 2. The Director of the Ministry's Office is responsible for monitoring, urging, inspecting the implementation of the Regulation, and periodically (every six months, annually) reporting to the Minister.

 3. During the implementation process, if there is a need to supplement or amend the Regulation, the Director of the Ministry's Office will compile the proposals of Deputy Ministers and Heads of units under the Ministry to report to the Minister for consideration and resolution./.