Circular No. 92/2020/TT-BCA on the implementation of democracy in public health facilities of the People's Public Security

CIRCULAR

Regulations on Implementing Democracy in Public Security People's Health Care Facilities

Pursuant to the Law on Medical Examination and Treatment 2009;

Pursuant to the Law on People's Police 2018;

Pursuant to Resolution No. 55/NQ-UBTVQH10 dated August 30, 1998 of the Standing Committee of the National Assembly on the issuance of the Regulation on Implementing Democracy in the Activities of Agencies;

Pursuant to Decree No. 04/2015/NĐ-CP dated January 9, 2015 of the Government on implementing democracy in the activities of administrative state agencies and public service units;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Upon the proposal of the Director of the Health Bureau;

The Minister of Public Security issues this Circular regulating the implementation of democracy in Public Security People's health care facilities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the purpose, principles, and contents of implementing democracy in Public Security People's health care facilities (referred to collectively as health care facilities).

2. This Circular applies to units under the Ministry, public security agencies of provinces and centrally governed cities (collectively referred to as local public security agencies); medical staff of Public Security People (collectively referred to as medical staff); patients seeking medical examination and treatment, and their relatives at Public Security People's health care facilities; and other related agencies, organizations, and individuals.

Health care facilities providing medical examination and treatment for prisoners, persons under temporary detention, persons under pretrial detention, inmates, students in temporary detention centers, detention houses; prisons, compulsory education facilities, and reformatory schools shall comply with relevant laws.

Article 2. Interpretation of Terms

In this Circular, the following terms are understood as follows:

1. Public Security People's health care facilities are health care facilities for medical examination and treatment managed by the Ministry of Public Security and local public security agencies, including hospitals, infirmaries, outpatient clinics (without beds), and rehabilitation centers.

2. Medical staff in Public Security People are officers, soldiers, workers with fixed or indefinite terms working in Public Security People's health care facilities.

3. Relatives of patients are those who come to health care facilities to participate in serving and caring for patients.

Article 3. Purpose of Implementing Democracy in Health Care Facilities

1. To promote the right to self-management of medical staff, patients, and their relatives in caring for, protecting, and improving the health of officers and soldiers of Public Security People and the people at Public Security People's health care facilities.

2. To enhance the responsibility of heads of agencies and units; to prevent, stop, and combat acts of corruption, waste, bureaucracy, harassment, and negativity, contributing to building Public Security People's health care facilities that are clean, strong, and effective.

Article 4. Principles of Implementing Democracy in Health Care Facilities

1. To abide by the Constitution and laws; rights are coupled with obligations and responsibilities; strictly prohibiting acts of exploiting democracy, violating laws, infringing upon the legitimate and just rights and interests of Public Security People's health care facilities, medical staff, and patients and their relatives.

2. To ensure leadership and guidance by Party committees; to emphasize the management and operational responsibility of heads of Public Security People's health care facilities (hospital directors, department chiefs, room chiefs, infirmary chiefs, etc.); to actively involve mass organizations; to coordinate with patients and their relatives so that medical staff, patients, and their relatives fully implement transparency, participation in opinions, and supervision and inspection of health care facility activities; to improve the quality and effectiveness of medical examination and treatment services and patient support services in accordance with state regulations and those of the Ministry of Public Security.

Chapter II

SPECIFIC PROVISIONS

Section 1

IMPLEMENTING DEMOCRACY WITHIN HEALTH CARE FACILITIES

Article 5. Contents to be disclosed by the Head of Public Health Institution to health staff

1. Annual, quarterly, and monthly work programs and plans of the public health institution.

2. Internal regulations and working procedures of the public health institution; responsibilities, tasks, authorities of the leadership of the public health institution, department heads, and health staff within the institution; work processes and administrative procedures for handling matters.

3. Policies and benefits for health staff and patients at the public health institution.

4. Recruitment, acceptance, training, transfer, rotation, appointment, dismissal, promotion, salary increase, commendation, and disciplinary measures for health staff at the public health institution.

5. Results of handling petitions, complaints, accusations, and negative incidents, including corruption, within the public health institution.

6. Financial revenues and expenditures of the public health institution as prescribed.

7. Regulations on medical expertise, technical standards, management, and utilization of medical equipment.

8. Other contents deemed necessary by the Head of the public health institution and not contrary to laws and regulations of the Ministry of Public Security.

Article 6. Forms of Disclosure to Health Staff

1. Publicly posting the contents stipulated in Article 5 of this Circular on the bulletin board of the public health institution and the duty assignment boards of departments and units (excluding those contents falling under state secrets and as prescribed by the Minister of Public Security). The time for publicly posting shall be as follows:

a) For documents from higher levels: no later than two working days from the date of receipt of the document with the official seal.

b) For documents issued by the public health institution: at least three working days before the effective date of the document.

2. Announcing at key staff meetings and staff meetings of the public health institution.

3. Sending documents to department heads, organizational party bodies, and mass organizations within the public health institution to announce to health staff under their jurisdiction.

4. Through the internal computer network of the public health institution (if available).

Article 7. Contents for Health Staff to Provide Opinions On

1. Action programs to implement Party resolutions, state laws, and regulations of the Ministry of Public Security related to the organization and operation of the public health institution.

2. Development planning of the public health institution and its subordinate units.

3. Initiatives and measures to implement administrative reform; contents stipulated in Clause 4 of Article 5 of this Circular according to the分级限制词汇，请忽略此提示。

4. Work plan; annual financial revenue and expenditure plan; repair, upgrade, and new construction plan for facilities; annual medical drug, chemical, and consumable medical supply provision plan; procurement and disposal plan for assets of healthcare facilities.

5. Responsibilities and tasks; internal regulations, working rules; professional technical regulations of healthcare facilities and departments. Rules and provisions implementing related systems and policies concerning the rights and benefits of healthcare staff.

6. Protective measures, occupational safety and health, environmental sanitation, work schedule improvements; enhancing the material and spiritual life of healthcare staff; building cultural and civilized living habits within healthcare facilities.

7. Administrative procedures and processes for receiving and handling patient examination and treatment services: measures to combat bureaucratic practices, harassment, and inconvenience to patients and their families; measures to practice thrift, prevent waste, and combat corruption in patient examinations and treatments.

8. Action programs to implement competitive movements of healthcare facilities; annual assessment of commendation titles and awards; mid-year and year-end reports on facility operations.

9. Other contents deemed necessary by the head of the healthcare facility to seek opinions from healthcare staff.

Article 8. Forms for health staff to provide opinions

1. Directly participating in meetings with leadership of healthcare facilities, departments, and divisions.

2. Through conferences and seminars organized by healthcare facilities.

3. Submitting opinions to suggestion boxes at healthcare facilities.

4. Through the internal computer network of the public health institution (if available).

5. Party cells and mass organizations soliciting opinions from the masses, party members, league members, association members, etc.

6. Through meetings, exchanges, guidance, and consultations directly with health staff; other appropriate forms (if applicable).

7. Sending draft documents for health staff to provide opinions.

Article 9. Contents for health staff to monitor and inspect

1. Implementation of Party Resolutions, tasks, targets, and work plans of healthcare facilities; functions, responsibilities, contents, and working regulations of healthcare facilities; professional and technical medical regulations.

2. Supply of medicines, chemicals, blood, and infusions; procurement, management, and use of equipment; procurement, use, and disposal of assets.

3. Financial revenues and expenditures of healthcare facilities as prescribed.

4. Implementation of state policies related to the rights and legitimate interests of health staff; regulations on organizational and personnel work; contents of transparency by heads of healthcare facilities.

5. Processes of handling complaints, appeals, and reports regarding professional matters of health staff and patients, and their families.

Article 10. Forms for health staff to implement monitoring and inspection

1. Inspection activities of healthcare facilities.

2. Staff meetings of healthcare facilities.

3. Regular meetings and activities of departments and divisions.

4. Activities of party organizations and mass organizations.

5. Activities of the Hospital Medicines and Treatment Council.

6. Handover meetings and activities along the line.

Section 2

IMPLEMENTING DEMOCRACY FOR PATIENTS AND THEIR RELATIVES

PATIENTS AND THEIR RELATIVES

Article 11. Contents that heads of healthcare facilities must disclose to patients and their relatives

1. Daily schedules and duty rosters of health staff.

2. Regulations on the rights and obligations of patients and their relatives towards healthcare facilities.

3. Hospital rules, infirmary rules, and floor plans of departments and divisions within healthcare facilities.

4. Administrative procedures related to medical examinations and treatments.

5. Hospital fee rates, exemption and reduction policies for hospital fees, health insurance policies, and hospital fee payments according to legal provisions.

6. Prices for medical examination and treatment services requested by patients, prices for storing vehicles (bicycles, motorcycles, cars) within healthcare facilities, and other services.

7. Complaints and appeal resolution units of healthcare facilities, hotlines of healthcare facilities.

Article 12. Forms of disclosure to patients and their relatives

1. Public posting:

Healthcare facilities organize public postings of the contents stipulated in Article 11 of this Circular through various forms such as documents, diagrams, directional signs to different areas, departments, and divisions within healthcare facilities; rules and regulations about service fees at convenient locations frequented by patients and their relatives. Public postings must be continuous, timely, easy to read, and understand.

2. Information dissemination and counseling:

Healthcare facilities organize information dissemination and counseling on policies and issues related to medical examinations and treatments starting from when patients arrive at outpatient clinics, emergency rooms, and wards.

3. Through the facility's electronic information website (if available), and other suitable forms.

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

1. The implementation of healthcare policies and regulations related to the rights and legitimate interests of patients; examination and treatment policies as prescribed by the State and the Ministry of Public Security.

2. The implementation of internal rules and regulations on examination and treatment at healthcare facilities.

3. The spirit and attitude of medical staff in service provision, proposing suggestions to encourage a positive spirit and enthusiastic, responsible attitude in examination and treatment; exchanging and coordinating with medical staff in caring for and nurturing patients.

4. The implementation of environmental sanitation and security maintenance at examination and treatment sites.

5. Complaint resolution, denunciation, and the results thereof for patients and their families.

Article 14. Forms of supervision and opinion provision by patients and their families

1. Providing opinions and feedback directly to medical staff in departments and examination and treatment facilities.

2. Providing opinions and feedback to healthcare facility leadership.

3. Submitting opinion letters to suggestion boxes.

4. Through telephone, hotlines, email, and suggestion boxes.

5. During patient meetings.

6. Through the electronic information page of the healthcare facility (if available).

7. Other appropriate forms.

Section 3

DEMOCRATIC RESPONSIBILITIES AT HEALTHCARE FACILITIES

Article 15. Responsibilities of the Head of Healthcare Facilities

1. Implementing democracy in management and operation of the agency or unit; in managing, using, training, and developing cadres, party members, soldiers, workers, and contractual employees within the unit; implementing policies and regulations for cadres, party members, soldiers, workers, and contractual employees within the unit.

2. Issuing management regulations for working equipment in the agency or unit to ensure practicality, effectiveness, and economy; using allocated funds economically; implementing financial transparency regulations. Equipment procurement and asset purchases must comply with legal provisions.

3. Organizing regular monthly, quarterly, and semi-annual meetings to evaluate the completion of assigned tasks and propose main tasks and solutions to be implemented in the future. At year-end, the head of the agency or unit must organize a comprehensive evaluation of activities at a meeting of cadres, workers, and civil servants.

5. Listening to feedback and criticism from cadres, party members, soldiers, workers, and contractual employees. When these individuals request a meeting with specific reasons, suitable time should be arranged for discussion.

6. Promptly examining and resolving complaints, denunciations, and proposals from cadres, party members, soldiers, workers, and contractual employees according to legal provisions; promptly reporting issues beyond their authority to competent authorities.

7. Implementing preventive measures against corruption; handling and facilitating the competent authorities to handle those involved in corruption; if they fail to fulfill their responsibilities leading to corruption, they will be dealt with according to legal provisions. Setting up suggestion boxes in convenient locations; resolving complaints and denunciations according to legal provisions and the Ministry of Public Security's regulations.

8. Publicly announcing work assignments in healthcare facility leadership and departments fairly, appropriately, without overlap, and in accordance with assigned functions and tasks.

9. Publicly announcing opinions, criticisms, and proposals from medical staff, patients, their families, citizens, local agencies, and organizations within their authority; promptly reviewing and resolving according to legal provisions.

10. Promptly dealing with those obstructing democratic practices in agency or unit operations and retaliating against whistleblowers and denouncers according to legal provisions.

Article 16. The responsibility to implement democracy of health care staff at healthcare facilities

1. Health care staff shall only accept documents and handle citizens' and organizations' affairs at their workplace; protect state secrets, work-related secrets, and information about whistleblowers according to the provisions of the law.

2. When citizens or organizations make requests, health care staff shall be responsible for resolving such requests within their authority. For matters outside their authority, health care staff must inform citizens and organizations and guide them to the appropriate authorities. Health care staff shall not be bureaucratic, arrogant, obstructive, corrupt, create difficulties, cause inconvenience, or harass citizens and organizations in handling their affairs.

3. Citizens' and organizations' affairs must be studied and resolved promptly by health care staff in accordance with the law and internal regulations of the agency or unit.

4. For matters that have specified resolution deadlines, health care staff must comply with those deadlines. In complex cases requiring additional time for research and resolution, health care staff shall report to the direct supervisor and promptly inform citizens and organizations.

Article 17. Responsibilities of mass organizations and inspection bodies at healthcare facilities

1. Mass organizations at healthcare facilities shall be responsible for continuously monitoring the implementation of democracy at these facilities.

2. Inspection bodies at healthcare facilities shall be responsible for inspecting the implementation of democracy at these facilities concerning the legitimate rights and interests of health care staff, patients, and patient families.

Article 18. Responsibilities of patients and patient family members

1. Patients and patient family members shall strictly comply with the provisions of this Circular.

2. Report to the competent authority when discovering violations of the law in healthcare facilities.

3. Provide feedback and directly reflect opinions to health care staff in departments, clinics, and healthcare facilities.

Chapter III

IMPLEMENTATION

Article 19. Effective Date

This Circular takes effect from October 4, 2020, and replaces Circular No. 64/2009/TT-BCA dated November 19, 2009, issued by the Minister of Public Security on implementing democracy in public security healthcare facilities.

Article 20. Responsibility for Implementation

1. Heads of units under the Ministry of Public Security, Directors of Public Security in provinces and centrally-administered cities shall, within their scope of duties and powers, be responsible for disseminating and ensuring full understanding among all subordinate officers and directing and organizing the implementation of this Circular.

2. The Health Department shall take the lead and coordinate with the Legal System and Administrative Reform Department to assist leadership in organizing inspections, urging compliance, and guiding the implementation of this Circular.

3. Every six months and annually, and upon request of the Steering Committee for Implementing Democracy at the Base Level of the Ministry of Public Security, public security units and localities shall organize mid-term and final reviews of the implementation of this Circular, reporting results to the Health Department for consolidation and reporting to the Steering Committee for Implementing Democracy at the Base Level of the Ministry of Public Security.

During implementation, if there are any issues, public security units and localities, relevant agencies, organizations, and individuals shall reflect them to the Ministry of Public Security (through the Health Department and the Legal System and Administrative Reform Department) for consolidation and reporting to leadership for consideration and resolution./.