Decision No. 4293/2003/QĐ-BYT on the issuance of the Charter of organization and operation of the semi-public multi-disciplinary outpatient clinic under College of Medical Technical I.

Pursuant to …;

Regarding the issuance of the Statutes on the organization and operation of the Semi-Public Outpatient Clinic under College of Medical Technology I

the semi-public department of the I Technical Medical College

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THE MINISTER OF HEALTH

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

Pursuant to Decision No. 2492/2002/QĐ-BYT dated July 1, 2002 of the Minister of Health regarding the establishment of the Semi-Public Outpatient Clinic under College of Medical Technology I;

Based on the proposal of the Director of the Department of Personnel and Organization, the Director of the Treatment Department, and the Director of the Legal Affairs Department of the Ministry of Health.

Pursuant to …;

Article 1. Issued herewith are the Statutes on the organization and operation of the Semi-Public Outpatient Clinic under College of Medical Technology I.

Article 2. This Decision takes effect from the date of issuance.

Article 3. The following officials are responsible for implementing this Decision: the Director of the Office, the Directors of the Departments of Personnel and Organization, Science and Training, Treatment, Planning and Finance, and Legal Affairs of the Ministry of Health, the President of College of Medical Technology I, and the Heads of relevant units.

 

CHARTER

 

Organization and Operation of the Semi-Public Outpatient Clinic under College of Medical Technology I
(Issued together with Decision No. 4293/2003/QĐ-BYT of the Minister of Health, dated August 13, 2003)

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PART I

GENERAL PROVISIONS

Article 1. These Statutes prescribe the fundamental contents concerning the organization and operation of the Semi-Public Outpatient Clinic under College of Medical Technology I.

Article 2. The Semi-Public Outpatient Clinic under College of Medical Technology I was established pursuant to Decision No. 2492/2002/QĐ-BYT dated July 1, 2002 of the Minister of Health, has its own account, and is permitted to use the seal of College of Medical Technology I in transactions with banks regarding finance and external transactions with related units in the development of the clinic's activities.

Routine activities such as stamping medical records, patient files, prescriptions, health check-up forms, etc., must use the square stamp according to current regulations.

Article 3. The operation of the Semi-Public Outpatient Clinic must ensure the following requirements:

- It is a place organizing healthcare activities as prescribed by the Ministry of Health for students' internships, thereby contributing to improving the quality of training.

- Contributing to the health care of faculty members, students of the college.

- Providing medical services to those who voluntarily pay for such services.

- Researching and applying scientific and technological advancements in medical examination, treatment, disease prevention, training, and scientific research.

- Supplementing the financial resources of the college, contributing to improving the living standards of civil servants, capital contributors, and medical staff working at the clinic in accordance with current regulations.

Article 4. Initial investment capital:

1. Total investment capital: 1,400,000,000 VND

2. Fixed capital: Investment in medical equipment and machinery:

- Total capital: 1,000,000,000 VND. Of which:

+ Capital of College of Medical Technology I: X-ray machine = 436,020,000 VND

+ Capital of faculty members and civil servants of the college: Purchase of remaining medical equipment and tools: 563,980,000 VND.

3. Registered capital: 400,000,000 VND

- Initial establishment costs: renovation of outpatient rooms, office equipment, fabrics, printing materials, decoration, advertising.

- Consumable medical supplies

- Operating fund and reserve fund

4. Contribution ratio and capital contribution:

4.1. College of Medical Technology I contributes: 436,020,000 VND = 31%

4.2. Faculty members and civil servants of the college contribute: 963,980,000 VND = 69%.

Article 5. The Semi-Public Outpatient Clinic under College of Medical Technology I shall comply with tax regulations as stipulated in Decree No. 73/1999/NĐ-CP dated August 19, 1999 of the Government on policies encouraging socialization in education, healthcare, culture, and sports, and Circular No. 18/2000/TT-BTC dated March 1, 2000 of the Ministry of Finance guiding certain provisions of Decree No. 73/1999/NĐ-CP of the Government dated August 19, 1999 on financial systems encouraging non-public institutions in education, healthcare, culture, and sports.

Article 6. The Semi-Public Outpatient Clinic has the Communist Party of Vietnam, Trade Union, and Ho Chi Minh Communist Youth League operating in accordance with the Party Charter, Trade Union Charter, and Ho Chi Minh Communist Youth League Charter.

Chapter II

FUNCTIONS AND RESPONSIBILITIES

Article 7. The Semi-Public Outpatient Clinic has the following main tasks:

1. Organizing healthcare activities for student interns.

2. Providing health care for faculty members, civil servants, and students of the college.

3. Providing medical services to those who voluntarily pay for such services in the fields of internal medicine, ear-nose-throat (without laser thermal ablation), dentistry (without surface laser treatment), rehabilitation, radiology, ultrasound, electrocardiography, hematology, biochemistry, microbiology, as specified in Circular No. 16/2000/TT-BYT dated September 18, 2000 of the Minister of Health guiding standards, conditions, scope of professional activities, procedures, and authority for establishing semi-public medical facilities.

4. Researching and applying scientific and technological advancements in enhancing health, disease prevention, medical examination and treatment, rehabilitation, and training.

5. Implementing human resource, asset, and financial management tasks in accordance with current regulations.

6. Performing other tasks assigned by the President.

Chapter III

ORGANIZATION, STAFFING, AND SCOPE OF ACTIVITY

Article 8. Organization

1. The Semi-Public Outpatient Clinic has one Chief and one to two Deputy Chiefs.

2. Tasks of the Chief of the Semi-Public Outpatient Clinic:

2.1. Developing activity targets and plans for the Semi-Public Outpatient Clinic on a monthly, quarterly, and annual basis, submitting them to the President for approval, and organizing the implementation of approved targets and plans.

2.2. Establishing a reasonable organizational structure that suits the operational capacity and professional technical level of the Semi-Public Outpatient Clinic.

2.3. Specifying the duties, rights, and responsibilities of each individual member within the Semi-Public Outpatient Clinic.

2.4. Formulating work regulations and professional regulations for each specialty department and section, particularly focusing on infection control regulations and medical waste disposal regulations.

3. The Semi-Public Outpatient Clinic has the following specialty departments and sections:

3.1. Administrative and Accounting Section

3.2. Internal Medicine and Emergency Care Section (with two beds)

3.3. Rehabilitation and Functional Recovery Section

3.4. Ear-Nose-Throat Section

3.5. Dentistry Section

3.6. Clinical Support Department: Imaging (X-ray, Ultrasound), Laboratory Tests (hematology, biochemistry, microbiology, parasitology), Functional Testing (electrocardiogram, electroencephalogram, respiratory function).

4. Positions: The Director of the Outpatient Clinic, Head Nurse, and Financial Officer - Accountant are appointed by the President. The Director of the Outpatient Clinic, Head Nurse, and Financial Officer - Accountant are responsible to the President and under the law for all activities of the Outpatient Clinic.

5. Deputy Directors in charge of specialized examination teams are designated by the Director of the Outpatient Clinic after obtaining the consent of the President. Those in charge of specialties and Deputy Directors are responsible to the Director of the Outpatient Clinic and the President for the professional activities of their assigned specialties.

Article 9. Human Resources.

The staffing of the Outpatient Clinic does not fall within the total staffing of the School (except for concurrently employed staff). The number and structure of human resources of the Outpatient Clinic are proposed by the Director of the Outpatient Clinic and decided by the President. The human resources of the Outpatient Clinic include:

1. Concurrently employed staff (receiving salary from the state budget),

2. Staff transferred from the public sector (administrative reform),

3. Regular and non-regular contractual employees:

Article 10. Scope of Professional Activities

- Outpatient diagnosis and treatment of diseases belonging to specialized fields:

+ General Internal Medicine - Emergency.

+ Ear, Nose, and Throat (excluding laser thermal ablation).

+ Nursing - Rehabilitation.

+ Dentistry - Maxillofacial Surgery (excluding laser thermal ablation on the face).

+ Clinical Support: Imaging (X-ray, Ultrasound), laboratory tests (hematology, biochemistry, microbiology, parasitology), functional testing (electrocardiogram, electroencephalogram, respiratory function).

Chapter IV

MANAGEMENT REGIMES

Article 11. Professional Management

1. The semi-public Outpatient Clinic implements professional management according to the Hospital Regulations issued together with Decision No. 1895/BYT-QĐ dated September 19, 1997 of the Minister of Health, implementing regulations on professional techniques and other provisions according to the law.

The Director of the Outpatient Clinic specifies the specific tasks and job titles of doctors and healthcare personnel in the clinic.

2. The President of the College of Medical Technology I has the responsibility to inspect and supervise the activities of the Outpatient Clinic.

Article 12. Asset Management

1. The assets of the Outpatient Clinic include assets contributed by the state (one two-story building and other assets contributed by the state confirmed by the Ministry of Health based on the proposal of the school to balance between professional activities and services of the school); assets contributed by school staff; assets from loans.

2. The Outpatient Clinic is responsible for managing and preserving assets and implementing current regulations on asset management as stipulated in Decree No. 14/1998/NĐ-CP dated March 6, 1998 of the Government on State Asset Management.

Periodically, the clinic reports inspection results to the school for consolidation into the school's assets to report to the supervising authority.

Article 13. Financial Management

1. The Outpatient Clinic implements financial management according to Decision No. 12/2001/QĐ-BTC dated March 13, 2001 of the Minister of Finance regarding the accounting system applicable to non-state entities operating in education, health, culture, and sports sectors; while implementing Decree No. 73/1999/NĐ-CP of the Government dated August 19, 1999 on policies encouraging socialization in education, health, culture, and sports sectors and Circular No. 31/2000/TTLT-BYT-BYT guiding the establishment and financial management mechanism for semi-public medical facilities.

2. Annually, the clinic prepares a budget for medical examination and treatment activities, training, scientific research, revenue and expenditure distribution plan including taxes payable, depreciation of assets, various fees, and charges according to Joint Circular No. 21/2000/TTLT-BTC-BYT dated April 25, 2000 of the Ministry of Finance and Ministry of Health and submits it to the school for reporting to the higher-level management authority for approval and submission to the finance department at the same level.

3. Revenue and Expenditure Items

3.1. Revenue items include:

- Service fees

- Depreciation of fixed assets

- Sale of assets

- Bank interest income

- Contributions from organizations and individuals

- Loans from banks and credit institutions

- Donations and gifts from domestic and foreign sources

- Other lawful revenues (if any).

3.2. Expenditure items include:

- Salaries, wages, and allowances.

- Contributions as prescribed: Social insurance, health insurance.

- Operational expenses: Medicines, blood, transfusion fluids, chemicals, machines, equipment, consumable medical supplies.

-后勤管理费用：水电、环境卫生、燃料、办公用品、差旅费、会议费。

- 科研与培训

- 房屋修缮保养及维修费用

- 租赁设施费用

- 固定资产折旧

- 偿还贷款和出资的利息

- 按规定应缴纳的各项税费

- 其他合法支出

4. The Outpatient Clinic is responsible for establishing hospital fee prices based on the principle of balancing income and expenditure, reporting to the President for approval by the Minister of Health. Hospital fee prices must be publicly displayed.

5. The Outpatient Clinic organizes accounting and statistical work in accordance with current regulations.

6. Annual financial results are determined based on the difference between total income and total expenditure in the fiscal year, after completing the obligation to pay the state treasury according to the law, the difference is handled according to Circular No. 31/2000/TTLT-BTC-BYT dated April 25, 2000 of the Ministry of Finance and Ministry of Health as follows:

a. 30% (of which the Outpatient Clinic contributes 20%, and the School contributes 10%) is allocated to supplement operational funds and enhance the facilities of the Outpatient Clinic and the School.

b. The remaining amount is decided by the President to allocate to the following items:

- 45% for rewards and welfare for the staff of the Outpatient Clinic and the School.

- 5% to establish a fund for free or reduced medical fees for the poor and policy beneficiaries.

- 20% distributed to capital contributors according to the proportion of their contributions.

Article 14. Labor management

1. Employees working at the Outpatient Department shall be entitled to wages, remuneration, and various allowances (if any), paid by the Outpatient Department based on their working time and job performance. The Rector shall enter into long-term or short-term labor contracts with all employees working in the Outpatient Department and ensure employee benefits in accordance with the Labor Law regulations. Employees working in hazardous or dangerous areas shall be provided with occupational safety equipment and shall enjoy benefits as prescribed.

2. For employees who work 100% of their time for the Outpatient Department, they shall be entitled to salary levels according to the production and business sector wage scales of the enterprise and based on the performance of the department, with the Outpatient Department purchasing social insurance and health insurance for them, and they shall enjoy retirement benefits and disability benefits as prescribed. In case of breach of the labor contract, it must be handled in accordance with the law.

3. For state civil servants and officials working part-time, they shall be entitled to honorariums. The level of honorariums shall be proposed by the Outpatient Department Head and approved by the Rector based on each individual's degree of participation in work and in accordance with current state regulations.

4. State officials and employees transferred from public institutions to the semi-public Outpatient Department shall have their social insurance contributions from their time at the public institution preserved, or they may receive a one-time allowance as prescribed by the state if such officials or employees request it.

Article 15. The semi-public Outpatient Department must report periodically monthly, quarterly, and annually to the Rector on the operation of medical examinations and treatments, financial activities, and other activities of the Outpatient Department. College of Health Technology I has the responsibility to compile and report the operational status of the Outpatient Department together with the quarterly settlement reports sent to the Ministry of Health every three months.

Chapter V

FINAL PROVISIONS

Article 16. These Bylaws apply to the semi-public Outpatient Department under College of Health Technology I, and shall take effect from the date approved by the Minister of Health. Individuals, departments within the Outpatient Department, the Outpatient Department Head, and the Rector of College of Health Technology I are responsible for implementing these Bylaws.

Article 17. These Bylaws consist of five Chapters and seventeen Articles. During implementation, based on the Rector's proposal, the Minister of Health may consider and approve amendments to these Bylaws to suit actual conditions./.