Chương 2 Nghị định 77/2013/NĐ-CP: Điều kiện thành lập và tổ chức hoạt động cai nghiện, tư vấn cai nghiện thuốc lá

Chapter 2.

CONDITIONS FOR ESTABLISHMENT AND ORGANIZATION OF SMOKING CESSATION AND ADVISORY

Article 3. Forms of organization of smoking cessation and advisory

1. Agencies, organizations and individuals establish establishments of smoking cessation, advisory establishments of smoking cessation in accordance with this Decree.

2. Medical examination and treatment establishments organize activities of smoking cessation and advice about smoking cessation.

Article 4. Conditions for establishment of smoking cessation establishments

1. Possessing decision on establishment of competent state agency for establishments owned by State or business registration certificate of competent state agency for establishments owned by individuals.

2. Having sufficient material facilities ensuring for activities of smoking cessation and advising about smoking cessation:

a) Having communication documents on smoking cessation and advising about smoking cessation including: Bookcase, placards, brochures, tapes, compact discs providing for information on smoking cessation and advice about smoking cessation;

b) Information, data on smoking cessation and advice about smoking cessation are managed by computer;

c) Having rooms reserved for activities of smoking cessation and advising on smoking cessation with area not less than 10m², full equipment ensuring for activities of smoking cessation and advising on smoking cessation.

3. There are persons directly exercising activities of smoking cessation and meeting the following conditions:

a) Possessing certificate of practicing medical examination and treatment;

b) To comply with process of smoking cessation.

4. There are persons directly exercising advisory activities of smoking cessation with knowledge, understanding of smoking harm for their health, diseases originated from reason of smoking and advisory content of smoking cessation specified in Clause 3 Article 8 of this Decree.

Article 5. Conditions for establishment of smoking cessation advisory establishments

1. Possessing decision on establishment of competent state agency for establishments owned by State or business registration certificate of competent state agency for establishments owned by individuals.

2. Having sufficient material facilities ensuring for activities of advisory for smoking cessation:

a) Having communication documents specified in point a Clause 2 Article 4 of this Decree;

b) Information and data on advisory for smoking cessation are managed by computer;

c) Having rooms reserved for activities of directly advising on smoking cessation with area not less than 10m2, telephone, internet, and other means of information ensuring for activities of indirectly advising about smoking cessation.

3. There are persons directly exercising advisory activities of smoking cessation specified in Clause 4 Article 4 of this Decree.

Article 6. Conditions for activities of smoking cessation and advising about smoking cessation applicable to medical examination and treatment establishments

1. Being medical examination and treatment establishments licensed operation as prescribed by law on medical examination and treatment.

2. For activities of smoking cessation: Being eligible as prescribed in Clause 2, Clause 3, Clause 4 Article 4 of this Decree;

3. For activities of advising about smoking cessation: Being eligible as prescribed in Clause 2, Clause 3 Article 5 of this Decree.

Article 7. Operation of smoking cessation establishments, medical examination and treatment establishments those organize activities of smoking cessation and advising about smoking cessation

1. Smoking cessation establishments eligible as prescribed in Article 4 of this Decree, medical examination and treatment establishments eligible as prescribed in Article 6 of this Decree may perform activities of smoking cessation and advising on smoking cessation.

2. Establishments must send a notification to Health Services of provinces and central-affiliated cities, where establishments are operating, about their activities of smoking cessation and advising on smoking cessation as prescribed in Article 9 of this Decree.

3. The smoking cessation must comply with the process promulgated by the Minister of Health.

4. The smoking cessation drugs must be drugs allowed to legally circulate as prescribed by law on pharmacy. Products supporting for the smoking cessation include patches, lozenges, sprays or other products supporting for smoking cessation must ensure quality and be safe for smoking cessation persons and must be registered announcement of quality standard at competent state agencies as prescribed by law.

Article 8. Operation of smoking cessation advisory establishments

1. Smoking cessation advisory establishments eligible as prescribed in Article 5 of this Decree, may perform activities of advising for smoking cessation only, not perform activities of smoking cessation.

2. Establishments must send a notification to Health Services of provinces and central-affiliated cities, where establishments are operating, about their activities of advising for smoking cessation as prescribed in Article 9 of this Decree.

3. Content of advisory for smoking cessation must ensure to supply full the following information:

a) Tobacco harm for health of users and surrounding persons;

b) Benefits of smoking cessation and living environment without tobacco smoke;

c) Measures of smoking cessation suitable with the smoking cessation persons.

d) Influences to health that may happen for the smoking cessation persons and remedy.

Article 9. Notification of activities of smoking cessation and advising about smoking cessation

1. Content of notification of smoking cessation establishments, smoking cessation advisory establishments, medical examination and treatment establishments those organize activities of smoking cessation and advising about smoking cessation to send to Health Services of provinces and central-affiliated cities includes the following information:

a) Name, address of establishments;

b) Number of establishment decision for establishments owned by State or number of business registration certificate for establishments owned by individuals; number of operational license for the medical examination and treatment establishments.

c) Operational scope of smoking cessation, advising about smoking cessation of establishments;

d) Full name, ID number, residence address of head of establishments, full name, number of certificate of practicing medical examination and treatment of persons directly exercising activities of smoking cessation for smoking cessation establishments, medical examination and treatment establishments those organize activities of smoking cessation and advising about smoking cessation;

e) List of material facilities ensuring operation of establishments.

2. Before performing activities of smoking cessation, advising about smoking cessation, the smoking cessation establishments, smoking cessation advisory establishments, medical examination and treatment establishments those organize activities of smoking cessation and advising about smoking cessation satisfying full conditions as provided must send notification to Health Services of provinces and central-affiliated cities, where establishments are operating, about operation of establishments according to contents prescribed in Clause 1 of this Article.

3. Establishments may perform activities of smoking cessation, advising about smoking cessation 10 days after directly sending notification about operation of establishments to Health Services of provinces and central-affiliated cities, where establishments are operating.

4. The Health Services of provinces and central-affiliated cities shall issue receipt of written notification about activities of smoking cessation, advising about smoking cessation of establishments after receiving document and facilitate, guide, inspect, examine establishments during their operation.