Decision No. 44/2007/QD-BYT Issuing the Regulation on Implementing Democracy in Public Hospitals

Pursuant to …;

Issuing regulations on implementing democracy in public hospitals

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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 Decree No. 71/1998/NĐ-CP dated September 8, 1998 of the Government promulgating the regulations on implementing democracy in the activities of agencies;

At the proposal of the Director of the Personnel Department - Ministry of Health.

DECISION:

Article 1. Attached to this Decision is the "Regulations on Implementing Democracy in Public Hospitals."

Article 2. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Abolishing Decision No. 3649/1999/QĐ-BYT dated November 12, 1999 of the Minister of Health promulgating the regulations on implementing democracy in hospital operations.

Article 3. The following officials are responsible for enforcing this Decision: Director of the Office, Inspector General, Heads of Departments, Directors of Bureaus - Ministry of Health. Directors of Provincial Health Services, Central City Health Services, Sectoral Health Service Chiefs, Directors of hospitals under the Ministry of Health, and Heads of related units.

REGULATIONS

IMPLEMENTING DEMOCRACY IN PUBLIC HOSPITALS
(issued together with Decision No. 44/2007/QĐ-BYT dated December 12, 2007 of the Minister of Health)

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Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation and applicable subjects

Article 1. These regulations govern the implementation of democracy in public hospitals.

Article 2. These regulations apply to civil servants, employees, and workers with fixed-term or indefinite contracts in public hospitals (hereinafter referred to as civil servants and employees) and patients and their relatives.

Article 2. Interpretation of Terms

In this Regulation, the following terms shall be understood as follows:

Point 1. Public hospitals are medical examination and treatment facilities established by the State (hereinafter referred to as hospitals).

Point 2. Relatives of patients are those who enter the hospital to participate in serving and caring for patients, including: spouse, father, mother, brother, sister, child, grandchild, and other close relatives.

Article 3. Objectives and requirements for implementing democracy in hospitals.

Clause 1. The purpose of implementing democracy in hospitals is to concretize the principle of "people know, people discuss, people act, people inspect," to promote the rights of civil servants, employees, patients, and patient relatives; to enhance hospital management effectiveness, prevent corruption and promote thrift, and reduce waste; to improve the quality and efficiency of hospital operations.

Clause 2. The implementation of democracy in hospitals must be thoroughly implemented through leadership guidance, organization, management, enhanced responsibility systems, and the creation of favorable conditions by the hospital director to enable civil servants, employees, patients, and patient relatives to fully implement transparency, participation, and oversight of hospital activities to ensure the quality and effectiveness of public services for patients.

Article 4. Principles for implementing democracy in hospitals

Clause 1. Democracy must be implemented within the framework of the Constitution and laws; rights must be accompanied by obligations and responsibilities; all acts that abuse democracy, violate laws, and infringe upon the legitimate rights and interests of civil servants, employees, and patients are strictly prohibited.

Clause 2. Ensuring the leadership of the Party Committee, the management of the hospital director, the active participation of mass organizations, members of the hospital, and the cooperation of patients and their relatives.

Clause 3. Ensuring the right to implement democracy of civil servants, employees, patients, and patient relatives; Highlighting the role and responsibility of the hospital director in promoting transparency in hospital operations.

Chapter 2.

IMPLEMENTING DEMOCRACY WITHIN THE HOSPITAL

Section 1. CONTENT OF PUBLIC SUPERVISION OF PUBLIC HOSPITALS

Article 5. Content of timely and public information for hospital officials and staff

1. The Party's guidelines and policies, state laws, especially those related to healthcare and issues concerning the organization and operation of hospitals, the responsibilities and rights of hospital officials and staff.

2. Hospital development planning; directions, tasks, annual, quarterly, and monthly work plans of the hospital and its departments.

3. Internal regulations and working rules of the hospital and its departments; duties, responsibilities, powers of hospital leadership, department heads within the hospital, and each official and staff member.

4. Professional and technical medical regulations, management and use of medical equipment.

5. Budget estimates and final accounts of hospital annual operating funds according to current state regulations, including financial sources; funding from the state budget; income from public service activities: fees, charges, hospital fees; Service activities, financial support, aid, joint ventures, joint operations, foreign loans, and other revenues.

6. Implementation of internal expenditure regulations; fuel, vehicle, electricity, water, telephone usage quotas; Thrift, waste prevention, anti-corruption; Use of hospital savings; Investment, bidding progress, results for basic construction, purchasing drugs, chemicals, large-value medical equipment as prescribed by law; Results of asset inventory and disposal in the hospital.

7. Regulations and procedures for managing standards, staffing levels, recruitment, labor contracts, appointments, dismissals, transfers; Rank and salary grade promotions; Training, further education, sending for study within or outside the country; Awards and disciplinary actions for officials and staff.

8. Regulations on scientific research and technology application work; Management and use of scientific research funding, results of advanced research and application projects.

9. Results of handling complaints and reports about professional matters, negative incidents, corruption, wastefulness, financial loss, and asset loss in the hospital concluded by competent state authorities; Results of handling complaints and reports within the hospital.

10. Other public contents deemed necessary by the hospital director but not contrary to legal provisions.

Article 6. Forms of organizing and implementing public content for hospital officials and staff to be aware of

1. Public posting:

The contents stipulated in Article 5 of this Regulation must be publicly posted on the hospital bulletin board and department work plan boards.

- Public posting time:

- For superior documents: No later than two working days from the date of receipt of the document with the official seal;

- For documents issued by the hospital: At least three working days before the effective date of the document (except for organizational and personnel documents for specific organizations and individuals)

2. Announce at key cadre meetings, staff meetings.

3. Send documents to department leaders, party organizations, mass organizations, and these entities have the responsibility to announce to the staff under their management.

4. Through the hospital's internal computer network.

Section 2. CONTENT FOR EMPLOYEES TO PARTICIPATE IN OPINIONS

Article 7. Content for employees of the hospital to participate in opinions on draft documents before the hospital director makes a decision.

1. Action program to implement the Resolution of the Party, state laws, and policies of the Health sector related to the organization and operation of the hospital.

2. Master plan for hospital development, high-tech specialty development of departments within the hospital.

3. Annual work plans, annual financial revenue and expenditure plans; annual repair, upgrade, and new construction plans for facilities; annual drug supply plans; chemical, medical consumable supply plans; procurement, use, and disposal plans for hospital assets.

4. Hospital internal regulations, working rules of departments; professional technical rules of the hospital and departments; rules implementing various systems and policies related to the rights and interests of employees.

5. Recruitment, employment contract, training, promotion, dismissal, transfer, rotation, reward, and disciplinary procedures for employees as stipulated by law.

6. Protective measures, occupational safety and health, environmental sanitation, improvement of working conditions, enhancement of material and spiritual life for employees; building cultural and civilized living habits in the hospital.

7. Administrative procedures for receiving and handling patient examination and treatment matters; measures to combat bureaucratic practices, harassment, and waste in examination and treatment; measures to practice thrift and prevent corruption in examination and treatment.

8. Action program to implement hospital competition movements; annual review of commendation titles and rewards; mid-year and year-end reports on hospital operations.

9. Internal expenditure rules, rules for establishing and using welfare funds, reward funds, and unemployment prevention funds.

10. Other contents deemed necessary by the hospital director.

Article 8. FORMS FOR EMPLOYEES TO PARTICIPATE IN OPINIONS

1. Direct participation in opinions with hospital leadership, department heads.

2. Through meetings and seminars held at the hospital.

3. Submitting opinions to the hospital's suggestion box.

4. Through the hospital's internal computer network.

5. Party committees and mass organizations soliciting opinions from the masses, party members, and league members.

6. Directly asking for opinions; Sending draft documents for employees to provide opinions.

Section 3. CONTENT FOR EMPLOYEES TO MONITOR AND INSPECT

Article 9. Content for employees of the hospital to have the right to monitor and inspect

1. Implementation of tasks and targets set out in the hospital’s work plan, departmental work plans; Implementation of the Resolution of the Hospital Employee Conference.

2. Implementation of internal regulations and working rules of departments and the hospital.

3. Implementation of medical professional and technical regulations.

4. Management and use of state budget, hospital fees, income from health insurance, other legitimate sources, and hospital funds.

5. Supply of drugs, chemicals, blood, transfusion fluids, equipment; Procurement, use, and disposal of assets.

6. Tendering processes for basic construction and large-scale equipment purchases in the hospital.

7. Implementation of state policies related to the lawful rights and interests of employees.

8. Implementation of rules and regulations regarding organizational and personnel work.

9. Disclosure of information by the hospital director and department heads.

10. Handling of complaints, grievances, and accusations from employees and patients' families.

Article 10. Forms for organizing employees of the hospital to carry out monitoring and inspection activities

1. Through the activities of the People's Inspection Board of the hospital.

2. Through the Hospital Employee Conference.

3. Through regular meetings and activities of departments and the hospital.

4. Through the activities of the Party organization and mass organizations.

5. Through the activities of the Hospital Medicines and Treatment Council.

Chapter 3.

IMPLEMENTING DEMOCRACY TOWARDS PATIENTS AND PATIENTS' RELATIVES

Section 1. CONTENTS TO BE PUBLICIZED BY THE HOSPITAL FOR PATIENTS AND THEIR RELATIVES

Article 11. Information contents to be promptly and publicly disclosed for patients and their relatives

1. Work schedules and daily duty rosters of hospital staff.

2. Regulations on rights and obligations of patients towards the hospital.

3. Hospital rules, diagrams guiding departments and rooms within the hospital.

4. Administrative procedures related to medical examinations and treatments.

5. Hospital fee collection rates; exemption and reduction policies for hospital fees; health insurance regulations; hospital fee payment and health insurance settlement according to the law.

6. Prices of medical services requested by patients; rental prices for accommodation for patient relatives; bicycle, motorcycle, car parking fees, and other service charges within the hospital.

7. Complaints and grievances handling department of the hospital.

Article 12. FORMS OF ORGANIZATION TO IMPLEMENT CONTENTS FOR PUBLIC DISCLOSURE SO THAT PATIENTS AND THEIR RELATIVES CAN ACCESS THEM

1. Public posting:

The hospital shall organize public disclosure of the contents stipulated in Article 11 of this Regulation through various forms such as documents, drawings, diagrams, directional signs to different areas, departments, and rooms within the hospital, large print versions of rules, regulations, and service charge prices at convenient locations frequented by many patients. Public disclosure must be continuous, timely, and regular.

2. INFORMATION, COMMUNICATION, AND ADVISORY SERVICES:

The hospital shall organize information dissemination, communication, and advisory services regarding healthcare policies and issues related to medical examination and treatment from the moment patients arrive at outpatient clinics, emergency rooms, or wards.

Section 2. CONTENTS FOR PATIENTS AND THEIR RELATIVES TO MONITOR AND PARTICIPATE IN OPINIONS

Article 13. Content for patients and their families to supervise and provide opinions

1. Implementation of healthcare policies and benefits related to patients' rights and legitimate interests such as hospital fee policies, health insurance policies; state-regulated pricing policies for medical examination and treatment services.

2. Compliance with hospital rules and regulations concerning medical examination and treatment.

3. Attitude and spirit of service of hospital staff; Timely identification and reporting to hospital leadership, department heads about staff members who exhibit poor service attitudes, causing inconvenience, corruption, shirking responsibilities, discrimination, or soliciting bribes from patients or their relatives; Proposing opinions, exchanging views, and coordinating with healthcare personnel in patient care and nurturing.

4. Implementation of environmental sanitation and security, ensuring order within the hospital.

5. Handling of complaints and grievances and results thereof from patients and their relatives against the hospital.

Article 14. Forms of organization for patients and their relatives to implement monitoring and opinion participation contents

1. Directly providing opinions and feedback to doctors in departments and rooms.

2. Providing opinions and feedback to hospital leadership staff at the Citizen Reception Room.

3. Submitting opinion letters to the hospital's suggestion box.

4. Through the hotline number specified by the hospital.

5. During patient council meetings.

Chapter 4.

RESPONSIBILITIES FOR IMPLEMENTING DEMOCRATIC REGULATIONS AT THE HOSPITAL

Article 15. Responsibilities of the hospital director

1. Organizing, implementing, and supervising the execution of this Regulation throughout the hospital.

2. Arranging reception areas, suggestion boxes, and implementing citizen reception and complaint resolution according to the law.

3. Publicizing opinions, criticisms, and suggestions from hospital staff, patients, patient relatives, citizens, agencies, organizations, and localities within the scope of authority.

4. Implementing public disclosure of work assignments within hospital leadership, departments, and rooms, ensuring fairness, appropriate staffing, and tasks without overlap or deviation from prescribed functions and duties.

Article 16. Responsibilities of Department Heads and Ward Chiefs

Organize the implementation and organize inspections of this Regulation's implementation according to the assigned functions, tasks, and authorities.

Article 17. Responsibilities of civil servants and employees

Implement the provisions of this Regulation related to their assigned duties and authorities.

Article 18. Responsibilities of Patients and Their Relatives

Strictly comply with regulations related to the responsibilities of patients and their relatives.

Article 19. Responsibilities of Mass Organizations and People's Internal Control Committees

1. Mass organizations have the responsibility to regularly monitor the implementation of democracy in hospitals.

2. The People's Internal Control Committee has the responsibility to inspect the implementation of democracy in hospitals concerning the rights and interests of civil servants and employees.

Article 20. Responsibilities of Direct Management Authorities

Organize inspections and audits of the implementation of the provisions in this Regulation; promptly address violations in the implementation of democracy in hospitals.

Chapter 5.

IMPLEMENTING PROVISIONS

Article 21. Implementation

1. Entrust the Personnel Organization Department of the Ministry of Health to lead, coordinate with the Inspectorate of the Ministry and relevant departments and bureaus, to organize the implementation and inspection of this Regulation.

2. Provincial Departments of Health under centrally governed cities, sectoral health organizations, and district People's Committees are responsible for organizing the implementation and inspection of this Regulation at public hospitals under their management.

3. Directors of public hospitals are responsible for fully implementing this Regulation, and annually report on its implementation results to the direct management authority./.