Nghị định 117/2014/NĐ-CP về Y tế xã, phường, thị trấn

 DECREE

ON COMMUNE-LEVEL HEALTHCARE

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

Pursuant to the Law on Prevention and Control of Infectious Diseases dated November 21, 2007;

Pursuant to the Law on Health Insurance dated November 14, 2008;

Pursuant to the Law on Medical Examination and Treatment dated November 23, 2009;

Pursuant to the Law on Public Employees dated November 15, 2010;

At the request of the Minister of Health,

The Government hereby promulgates a Decree on commune-level healthcare.

Article 1. Scope

This Decree provides for organization, function, duties, operating conditions and personnel of healthcare in communes, wards and towns (hereinafter collectively referred to as “communes”).

Article 2. Organization, functions and duties of commune-level healthcare

1. Healthcare organizations established in communes (hereinafter referred to as “commune-level healthcare stations”) are healthcare units affiliated to healthcare centers of districts (hereinafter referred to as "district-level healthcare centers").

2. The function of commune-level healthcare stations is to provide primary healthcare for people in their communes.

3. Commune-level healthcare stations have the following duties:

a) Perform specialized operations concerning preventive medicine, medical examination and treatment, use of traditional medicine in medical treatment and preventive healthcare; reproductive healthcare; provision of essential medicines; community health management; and health education according to guidelines from supervisory authorities and regulations of laws;

b) Provide professional and operational guidelines for village health workers;

c) Cooperate with relevant regulatory bodies in population and family planning within their communes;

d) Inspect private healthcare practice and pharmacy practice and services that might affect the health of people in their communes;

dd) Operate as standing units of commune-level healthcare commissions for protection, maintenance and improvement of health of people in their communes;

e) Perform other tasks assigned by directors of district-level healthcare centers and Chairpersons of commune-level People’s Committees.

Article 3. Conditions for operation of commune-level healthcare

Commune-level healthcare stations shall have their own establishments, facilities, equipment, drugs, budgets and other factors necessary for fulfillment of the duties specified in Clause 3 Article 2 of this Decree.

Article 4. Commune-level healthcare personnel

1. Workers of commune-level healthcare stations are public employees.

2. Employees of a commune-level healthcare station are included in the headcount of its supervisory district-level healthcare center. The headcount for each work position is determined based on the workload and actual demand and situation of each commune.

3. Regarding conclusion of contracts with employees of commune-level healthcare stations according to regulations in the Law on Public Employees:

a) For healthcare officials working in healthcare stations according to Clause 1 Article 3 of the Prime Minister’s Decision No. 58/TTg dated February 03, 1994 on organization and benefits for healthcare at grassroots level (hereinafter referred to as “Decision No. 58/TTg”); and Article 2 of the Prime Minister’s Decision No. 131/TTg dated March 04, 1995 amending a number of Points of the Decision No. 58/TTg (hereinafter referred to as “Decision No. 131/TTg”), their managing bodies shall sign working contracts with an indefinite term with them as prescribed by law if they meet the requirements of their work positions;

b) For healthcare officials working in healthcare stations according to Article 1 of the Decision No. 131/TTg (who are under contracts according to the Decision No. 58/TT):

For those who have worked at least 36 months in commune-level healthcare stations (up until the effective date of this Decree) and meet the quality and professional capacity requirements of their work positions and titles, they may be preferentially recruited according to regulations in Point a Clause 1 Article 14 of the Government’s Decree No. 29/2012/ND-CP dated April 12, 2012 on recruitment, employment and management of public employees. Their managing bodies shall sign working contracts with an indefinite term with them as prescribed by law.

Those who have worked for less than 36 months in healthcare stations (up until the effective date of this Decree) shall be recruited according to regulations in the Law on Public Employees;

c) For public employees recruited after the effective date of this Decree, their managing bodies shall sign working contracts with them according to regulations in the Law on Public Employees;

d) The number of employees working under working contracts according to regulations in Points a, b and c shall not exceed the headcount approved by the competent authority and regulated by Clause 2 of this Article.

4. The Ministry of Health shall take charge and cooperate with the Ministry of Home Affairs in inspecting and expediting compliance with regulations on conclusion of contracts with employees of commune-level healthcare stations provided for in Clause 3 Article 4 of this Decree.

Article 5. Effect

1. This Decree takes effect from January 31, 2015.

2. The Decision No. 58/TTg and Decision No. 131/TTg are annulled from the effective date of this Decree.

Article 6. Implementing responsibilities

1. The Minister of Health shall provide guidelines for functions and duties of commune-level healthcare stations.

2. Provincial People’s Committees shall:

a) Implement this Decree;

b) Direct Departments of Health to cooperate with other relevant departments and regulatory bodies in providing guidelines on conclusion of labor contracts with employees of commune-level healthcare stations for district-level healthcare centers as prescribed in Clause 3 Article 4 of this Decree and in the Law on Public Employees and guidelines thereof;

c) Allocate funding for investment in infrastructure and equipment, and funding for operation of commune-level healthcare stations as prescribed by law;

d) Provide guidelines on recruitment, employment and management of employees of commune-level healthcare stations as authorized, and ensure job title structure is suitable to the demand of their region and planning for their province’s development;

dd) Direct district-level People’s Committees to cooperate with Departments of Health in improving healthcare in their provinces, with a focus on epidemic prevention and surveillance by healthcare units, which include commune-level healthcare stations.

3. Ministers, heads of ministerial-level agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities shall implement this Decree./.