Decree No. 49/2003/ND-CP stipulates the functions, tasks, powers, and organizational structure of the Ministry of Health.

DECREE

Article on the functions, tasks, powers, and organizational structure of the Ministry of Health

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

The Ministry of Education and Training is an agency of the Government responsible for managing state affairs in education including: preschool education, general education, vocational secondary education, higher education, postgraduate education, and non-formal education; managing state services within the sectors under the Ministry's jurisdiction; representing the State's ownership interest in enterprises with state capital within the Ministry's management scope in accordance with the law.

Considering the proposal of the Head of the Cadre and Civil Service Department,

At the request of the Minister of Health and the Minister of Home Affairs,

DECREE:

Article 1. Position and Functions

The Ministry of Health is an agency of the Government, responsible for managing state affairs related to health care and protection of the people's health, including preventive medicine, diagnosis and treatment, rehabilitation, traditional medicine, drugs for disease prevention and treatment, cosmetics affecting human health, food safety, and medical equipment; managing public services under the Ministry's jurisdiction and representing the State's ownership interest in enterprises with state capital under the Ministry's management as prescribed by law.

Article 2. Tasks and Powers

The Ministry of Health is responsible for performing the tasks and powers stipulated in Decree No. 86/2002/NĐ-CP dated November 5, 2002, of the Government on the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies, and the following specific duties:

1. Submitting draft laws, ordinances, and other regulatory legal documents concerning health care and protection of the people's health to the Government and the Prime Minister;

2. Submitting strategic plans, planning, long-term, five-year, and annual plans, and important projects of the Ministry of Health in the field of health care and protection of the people's health to the Government and the Prime Minister;

3. Issuing decisions, directives, and circulars within its scope of state management according to its authority;

4. Directing, guiding, inspecting, and being responsible for organizing the implementation of regulatory legal documents, strategies, plans, and national programs after approval, and other legal documents within its jurisdiction; promoting, disseminating, educating about the law, and providing information on fields related to health care and protection of the people's health;

5. Guiding ministries, ministerial-level agencies, government agencies, and provincial People's Committees under the central government on the implementation of policies, regulations, and guidelines related to activities in health care and protection of the people's health;

6. On preventive medicine:

a) Submitting to the Prime Minister for approval the planning and technical zoning of the preventive healthcare system and border health quarantine system;

b) Establishing industry standards in professional and technical fields such as infectious diseases, non-infectious diseases, HIV/AIDS; accidents and injuries, school health, occupational health and work-related illnesses; community nutrition; safe drinking water and domestic water hygiene; vaccines and medical products; chemicals, disinfectants, and insecticides in the medical field; primary health care and health education communication; production and business conditions for vaccines and medical products. Directing and inspecting their implementation;

c) Submitting to the Prime Minister for decision-making or regulation within its authority and organizing the implementation of special measures to control outbreaks;

d) Leading and coordinating with relevant ministries and sectors in classifying and ranking preventive healthcare facilities;

đ) Leading and coordinating with relevant ministries and sectors in preventing, rescuing, and treating victims in natural disasters and catastrophes;

e) Coordinating with the Ministry of Finance to submit to the Prime Minister for decision-making the national reserve list and organizing the implementation of the national reserve of medicines, vaccines, medical products, and medical equipment;

f) Serving as the permanent representative of the National Committee for HIV/AIDS Prevention and Control, Drug Abuse Prevention, and Prostitution Prevention in the field of HIV/AIDS;

7. On diagnosis and treatment, rehabilitation:

a) Submitting to the Prime Minister for planning and technical zoning of the network for diagnosis and treatment, rehabilitation, and medical examination (medical, forensic, psychiatric);

b) Submitting to the Prime Minister for regulations on conditions, standards, procedures for establishing, merging, and dissolving public hospitals;

c) Leading and coordinating with relevant ministries and sectors in reviewing and submitting to the Prime Minister for decision-making on establishing, merging, and dissolving central multi-disciplinary and specialized public hospitals;

d) Leading and coordinating with ministries, sectors, and provincial People's Committees in reviewing proposals for establishing and upgrading hospitals under ministries, sectors, and provinces according to the law for those ministries, sectors, and provincial People's Committees to decide;

đ) Establishing conditions, standards, professional and technical rules for diagnosis and treatment, care, convalescence, orthopedic surgery, aesthetic surgery, medical examination (medical, forensic, psychiatric), traditional medicine, and health protection for priority groups as prescribed by law; reproductive health care and family planning services. Directing, guiding, and inspecting diagnostic and treatment facilities and rehabilitation centers;

e) Leading and coordinating with relevant ministries and sectors in classifying and ranking public diagnostic and treatment facilities;

f) Establishing conditions and standards for private practice in diagnosis and treatment. Uniformly managing the issuance and revocation of practice certificates and permits for private, semi-public, privately established, and foreign-invested diagnostic and treatment facilities according to the law;

Coordinating with the Ministry of Culture, Sports and Tourism in regulating information and advertising on diagnosis and treatment, rehabilitation, traditional medicine, food, and medical equipment affecting human health;

g) Establishing lists of drugs, surgeries, procedures, and clinical laboratory tests to be reimbursed for compulsory health insurance, poor people's health insurance, and those who have rendered meritorious service to the country when seeking medical care;

Leading and coordinating with the Ministry of Finance in establishing a framework for voluntary health insurance contribution rates and benefit levels;

8. On traditional medicine:

a) Establishing measures to strengthen the network of traditional medicine healthcare services, combining traditional medicine with modern medicine in disease prevention, diagnosis and treatment, rehabilitation, training personnel, scientific research, and traditional medicine drug production;

b) Establishing professional and technical rules for health care using traditional medicine;

c) Specify conditions and standards for practicing traditional medicine. Uniformly manage the issuance and revocation of private practice certificates and certificates of qualification for private, non-profit, semi-public, and foreign-invested traditional medicine practices.

9. Regarding drugs and cosmetics:

a) Specify standards and conditions for organizations and individuals engaged in producing, circulating, and importing drugs and drug raw materials;

b) Regulate the production, circulation, use, and storage of dangerous drugs, addictive substances, and psychostimulants and depressants;

c) Direct, guide, and inspect the management of cosmetics that affect human health;

d) Develop national pharmacopoeias and drug compendiums;

đ) Coordinate with the Ministry of Culture, Sports and Tourism to regulate information, advertising, and introductions about drugs, vaccines, medical products, and cosmetics that directly impact human health;

e) Uniformly manage the issuance and revocation of private pharmacy practice certificates and certificates of qualification for facilities involved in producing, circulating, and distributing drugs.

10. Regarding food safety:

a) Issue standards on food safety, technical procedures, and regulations ensuring food safety within its authority;

b) Uniformly manage the issuance and revocation of certificates meeting food safety standards;

c) Be responsible for directing, guiding, and inspecting the implementation of food safety regulations.

11. Regarding medical equipment and healthcare facilities:

a) Specify lists and technical standards for medical equipment for healthcare facilities, medical and pharmaceutical schools, and technical medical equipment schools;

b) Coordinate with the Ministry of Construction to issue model designs for healthcare facilities according to technical tiers;

c) Appraise investment projects for constructing healthcare facilities within its authority;

d) Decide on investment projects under the Ministry's management authority;

đ) Specify conditions for manufacturing medical equipment.

12. Regarding healthcare personnel training:

a) Direct the compilation of programs and textbooks for healthcare personnel training, including specialized and technical curricula for local medical and pharmaceutical colleges and secondary health schools, and uniformly manage these programs in accordance with the Ministry of Education and Training's regulations;

b) Manage universities of medicine and pharmacy according to government and Prime Minister's regulations.

13. Organize and direct the implementation of scientific research plans, application of scientific research, and technology in the fields of medicine, pharmacy, and medical equipment;

14. Implement international cooperation in areas related to people's health care and protection according to the law;

15. Appraise and inspect the implementation of investment projects under the Ministry's management according to the law;

16. Decide on specific policies and measures and direct the operation mechanism of public service organizations in the field of people's health care and protection;

17. Manage and direct activities of subordinate public institutions;

18. Perform tasks and exercise powers related to representing state ownership interests in enterprises with state capital in the healthcare sector managed by the Ministry according to the law;

19. Manage state activities concerning the operations of associations and non-governmental organizations in the field of people's health care and protection according to the law;

20. Conduct inspections and checks on preventive healthcare, diagnosis and treatment, rehabilitation, medical equipment and facilities, and compliance with food safety laws; resolve complaints and accusations; combat corruption, negativity, waste, and handle violations of laws in the field of people's health care and protection within the Ministry's jurisdiction;

21. Decide and direct the implementation of the Ministry's administrative reform program according to the goals and content approved by the Prime Minister;

22. Manage organizational structure, staffing; appoint, relieve from duty, reward, and discipline civil servants and employees under the Ministry's management; train and enhance professional skills for civil servants and employees in the field of people's health care and protection;

23. Manage finances and assets assigned, and organize the implementation of allocated budgets according to the law.

Article 3. The organizational structure of the Ministry of Health

a) Organizations assisting the Minister in performing state management functions:

1. Department of Treatment;

2. Department of Traditional Medicine;

3. Department of Reproductive Health;

4. Department of Medical Equipment and Healthcare Facilities;

5. Department of Science and Training;

6. International Cooperation Department;

7. Department of Planning and Finance;

8. Department of Legal Affairs;

9. Department of Organization and Cadres;

10. Office;

11. Inspectorate;

12. Center for Preventive Medicine and HIV/AIDS Control;

13. Vietnam National Pharmaceutical Administration;

14. Center for Food Safety.

b) Subordinate public institutions:

1. Friendship Hospital;

2. Thong Nhat Hospital;

3. Da Nang City Hospital C;

4. Hospital E;

5. Thai Nguyen Central General Hospital;

6. Hue Central General Hospital;

7. Cho Ray Hospital;

8. Bach Mai Hospital;

9. Vietnam-Germany Friendship Hospital;

10. Hospital K;

11. Endocrine Hospital;

12. Central Mental Hospital No. 1 (Thuong Tin - Ha Tay);

13. Central Mental Hospital No. 2 (Bien Hoa - Dong Nai);

14. Central Rehabilitation Hospital

(Sam Son - Thanh Hoa);

15. Central Children's Hospital;

16. Central Obstetrics and Gynecology Hospital;

17. Central Traditional Medicine Hospital;

18. Acupuncture Hospital;

19. Central Tuberculosis and Respiratory Diseases Hospital;

20. Central Eye Hospital;

21. Central Ear, Nose, and Throat Hospital;

22. Ho Chi Minh City Dental Hospital;

23. Marine Medical Institute;

24. Central Hygiene and Epidemiology Institute;

25. Ho Chi Minh City Public Health Institute;

26. Central Highlands Hygiene and Epidemiology Institute;

27. Ho Chi Minh City Pasteur Institute;

28. Nha Trang Pasteur Institute;

29. Central Institute for Parasitic Diseases;

30. Qui Nhon Institute for Parasitic Diseases;

31. Ho Chi Minh City Institute for Parasitic Diseases;

32. Institute of Occupational Medicine and Environmental Health;

33. Nutrition Institute;

34. Chinese Medicine Institute;

35. Forensic Medical Institute;

36. Central Institute of Medical Law;

37. Institute of Health Strategy and Policy;

38. Hanoi Medical University;

39. Hanoi Pharmaceutical University;

40. Ho Chi Minh City University of Medicine and Pharmacy;

41. Thai Binh Medical University;

42. Hai Phong Medical University;

43. Public Health University;

44. Dental University;

45. Can Tho University of Medicine and Pharmacy;

46. Computing Center;

47. Sức Khỏe và Đời Sống Newspaper;

48. Journal of Practical Medicine;

49. Journal of Pharmacy;

The Minister of Health shall take the lead and coordinate with the Minister of Home Affairs to develop a restructuring plan for other units to be submitted to the Prime Minister for decision.

Article 4. Effectiveness

This Decree takes effect fifteen days from the date of publication in the Official Gazette and replaces Government Decree No. 68/CP dated October 11, 1993 on the functions, tasks, powers, and organizational structure of the Ministry of Health, and previous regulations that conflict with this Decree.

Article 5. Responsibility for Implementation

The Minister of Health, ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, and Chairpersons of People's Committees of provinces and centrally-administered cities are responsible for implementing this Decree./.