Decision No. 43/2008/QĐ-BYT stipulates the functions, tasks, powers, and organizational structure of the Legal Affairs Department under the Ministry of Health.

Pursuant to …;

Regulations on functions, tasks, powers, and organizational structureof the Legal Affairs Department under the Ministry of Health

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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;

Considering the proposal of the Director of the Cadre and Civil Servant Organization Department and the Director of the Legal Affairs Department, Ministry of Health,

DECISION:

Article 1. Position and Functions

The Legal Affairs Department is a comprehensive department with the function of advising the Minister of Health on management in the following areas: legal affairs work; commendation and reward work; communication, health education, and press and publication work within the healthcare sector.

Article 2. Tasks and Authorities

1. Legal affairs work

a) Law-building work:

- Taking the lead and coordinating with General Departments, Departments, Bureaus, the Office of the Ministry, and the Inspectorate in proposing the annual and long-term legislative programs of the Ministry of Health for approval by the Minister of Health or for submission to competent state authorities for approval and urging implementation according to the approved plan.

- Taking the lead or participating in drafting normative legal documents on health, population-family planning according to the division of labor assigned by the Minister of Health.

- Reviewing or providing legal opinions on draft normative legal documents prepared by General Departments, Departments, Bureaus, the Office of the Ministry, and the Inspectorate before they are signed and issued by the Minister of Health or submitted to competent state authorities for issuance.

- Taking the lead, coordinating, or participating with relevant units in preparing files for draft normative legal documents on health, population-family planning to be proposed by the Minister of Health to relevant agencies and organizations for comments, requesting the Ministry of Justice to review and submitting to the Government, Prime Minister.

- Taking the lead, coordinating, or participating with relevant units in assisting the Minister of Health in providing comments on draft normative legal documents sent out for comments by the Government, Prime Minister, ministries, sectors, or localities.

b) Work on reviewing and systematizing normative legal documents:

- Taking the lead and coordinating with relevant units in organizing reviews of normative legal documents on health, population-family planning; compiling review results and proposing solutions for the Minister of Health to handle after the review.

- Serving as the focal point for organizing the systematization and building a database of normative legal documents on health, population-family planning; examining, compiling results of systematization of normative legal documents on health, population-family planning prepared by General Departments, Departments, Bureaus, and the Inspectorate, reporting to the Minister of Health and organizing the printing and distribution of the "Compilation of Normative Legal Documents on Health, Population-Family Planning" annually.

c) Work on inspecting normative legal documents:

- Taking the lead and coordinating with relevant units in organizing inspections of normative legal documents issued by ministries, ministerial-level agencies, joint agencies, People's Councils, Provincial People's Committees related to the health, population-family planning sector; reporting inspection results and proposing solutions to the Minister of Health for handling according to the law.

- Serving as the focal point for assisting the Minister of Health in conducting self-inspections of normative legal documents issued by the Ministry of Health or jointly issued with competent state authorities; reporting self-inspection results and proposing solutions to the Minister of Health for handling according to the law.

- Serving as the focal point for compiling and reporting inspection and self-inspection results of normative legal documents of the Ministry of Health to the Minister for reporting to the Prime Minister, Ministry of Justice as prescribed by law.

d) Work on disseminating and educating about the law:

- Taking the lead and coordinating with relevant units in organizing the dissemination and education about the law generally and specifically about health, population-family planning laws within the healthcare sector; developing plans for disseminating and educating about the law, especially health, population-family planning laws annually and long-term for approval by the Minister of Health and organizing implementation or urging implementation according to the approved plan.

- Serving as the focal point for organizing and managing the Legal Library of the healthcare sector.

- Participating in answering legal questions about health, population-family planning.

- Building and issuing the Newsletter on Dissemination and Education about Health Laws.

e) Work on inspecting the implementation of the law:

- Taking the lead, coordinating, or participating with relevant units in organizing inspections of the implementation of the law within the healthcare sector; monitoring, inspecting, urging implementation of the law, summarizing practical experiences in implementing health, population-family planning laws within the healthcare sector.

- Participating in providing opinions on handling violations of the law within the healthcare sector.

f) Other tasks:

- Providing professional guidance to legal departments at General Departments, Bureaus, subordinate units of the Ministry, provincial health departments, centrally-administered city health departments, and state-owned enterprises where the Ministry of Health represents the state capital.

- Assisting the Minister of Health in managing and using seals in subordinate units of the Ministry of Health.

- Serving as the focal point for monitoring the implementation of private medical and pharmaceutical practice laws nationwide.

2. Commendation and reward work

a) Acting as the standing body of the Ministry of Health's Commendation and Reward Council.

b) Advising the Minister of Health and the Ministry of Health's Commendation and Reward Council on concretizing the Party's policies and state laws on commendation and reward work within the healthcare sector.

c) Taking the lead and coordinating with relevant units in drafting, reviewing normative legal documents on commendation and reward and guidelines for the Law on Commendation and Reward; establishing standards and procedures for awarding commendation and reward titles within the healthcare sector.

d) Developing programs, plans, and contents for commendation and reward for each period and field to achieve successful economic and social development, national defense and security goals of the healthcare sector, for approval by the Minister of Health and organizing implementation or urging implementation according to the approved program and plan.

e) Assisting the Minister of Health in organizing commendation movements and implementing reward policies within the healthcare sector.

e) Assist the Minister of Health in summarizing, concluding, identifying exemplary cases, distilling and disseminating experiences, promoting competitive movements and advanced examples; propose reforms to the work of competition and rewards; examine and appraise proposals for reward forms ensuring accuracy and timeliness in accordance with the provisions of the law.

g) Promote, disseminate, guide, and urge units under the Ministry of Health to implement the work of competition and rewards.

Organize training on policies and enhance professional expertise in competition and rewards for civil servants working in the field of competition and rewards within the health sector.

Inspect the implementation of legal provisions on competition and rewards; participate in resolving complaints and denunciations regarding the work of competition and rewards within the health sector.

Establish and manage the Competition and Reward Fund of the Ministry of Health in accordance with the provisions of the law.

Manage and distribute tangible rewards according to the regulations; coordinate with subordinate units to organize the presentation of commendation titles and awards in accordance with the law; handle procedures for replacing damaged or lost tangible rewards and confirm award forms.

Regularly report interim and final summaries of the work of competition and rewards to the Minister of Health for reporting to competent state agencies.

Organize research, apply scientific and technological advancements, build information and storage systems to serve the work of competition and rewards.

3. Communication, health education, management of press and publishing.

a) Communication and health education work:

- Develop annual plans for communication and health education activities based on coordinating and integrating with the activities of Departments, Bureaus, General Departments, national programs on health, food safety, population and family planning, and the health communication and education system; submit the plan to the Minister of Health for approval; organize implementation, inspection, supervision, and evaluation of the plan after approval.

- Serve as the focal point and coordinate with relevant units to direct and guide the organization of promotional activities, introducing achievements and activities of the sector through various forms such as organizing events, exhibitions, specialized health fairs, publishing, cultural products, cultural and artistic activities, sports, awarding prizes, honoring titles and exemplary individuals and deeds in the health sector.

- Coordinate with central and local news agencies and media outlets in communication and health education work.

b) Work on compiling traditional history of the sector:

- Organize the collection of historical materials and objects of the health sector from different periods of construction and development to serve the work of propaganda, education on tradition, writing the history of the health sector, and building a medical museum.

- Organize the compilation of the history of the health sector, produce films, documents, books on tradition and medical luminaries.

- Participate in reviewing and proposing restoration and new construction of historical sites and monuments of the health sector nationwide.

c) Press and publishing management work:

- Serve as the focal point to develop the planning of the press and publishing system in the health sector including affiliated news agencies and those under subordinate units, submitting it to the Minister of Health.

- Guide, inspect, and evaluate the implementation of planning, direction, tasks of press and publishing, and legal provisions on press and publishing of agencies in the health sector.

- Participate in opinions on handling violations of the law in press activities of affiliated news agencies. Resolve issues and complaints related to affiliated news agencies of the Ministry of Health.

- Serve as the focal point to advise the Minister of Health on organizing the collection and provision of information on health activities for domestic and international media outlets.

4. Perform other tasks assigned by the Minister of Health.

Article 3. Organizational Structure and Operations

1. Leadership of the Department

The Director and Deputy Directors of the Department are appointed and relieved of duty by the Minister of Health. The Director is responsible to the Minister of Health and to the law for the activities of the Department. The Deputy Directors assist the Director and are responsible to the Director and to the law for the tasks assigned to them.

2. Quota

The staffing of the Department is determined by the Decision of the Minister of Health and is adjusted annually based on work needs and the proposal of the Director of the Legal Affairs Department.

3. Operation Mechanism

The Legal Affairs Department operates under a specialist system. Civil servants in the Department are responsible to the Department's leadership for the tasks assigned to them.

Article 4. Effective date

This Decision takes effect fifteen days from the date of publication in the Official Gazette.

Article 5. Responsibilities for Implementation

The Heads of the Ministry’s Office, Inspectorate, Department Directors, Bureau Chiefs, General Department Chiefs under the Ministry of Health, and Heads of agencies, units, and individuals concerned are responsible for implementing this Decision./.