Chapter 2.
REGULATION ON THE OPERATIONAL REGIME
Article 4. Regulation on organization and operation
1. The health non-business units shall base on their assigned functions and tasks, regulation, provisions in this Decree and the model Regulation on organization and operation of units to formulate their Regulation on organization and operation and report them to their supperior agencies for approval.
2. The Minister of Health shall specify the model content of Regulation on organization and operation in health field.
Article 5. Formulation of the professional operational plan
1. Annually, units shall base on their Regulation on organization and operation, functions, tasks and actual situation to formulate the professinal operational plan.
a. For units of group 1, group 2: units shall formulate the operational plan, including specialized criteria and tasks in their assigned functions and tasks and criteria and service activities; report them to the superior agencies for register, use as basis to monitor, inspect and supervise the implementation;
b. For units of group 3, group 4: units shall formulate the operational plan, including specialized criteria and tasks in their assigned functions and tasks on the basis of their servicing capability, allocated budget and the non-business revenue source, criteria and service activities (if any). The supperior agencies shall assign the operational plan for budget and non-business revenues, units shall self-formulate and register for implementation applicable to sevice activites.
2. The Health non-business units are entitled to proactively decide measures to organize implementation of the specialized operational plans specified in clause 1of this Article in accordance with law regulations and must ensure conditions on human resource, professional operations, material facilities, equipment as prescribed in order to perform and provide for services meeting quality standards.
3. The health non-business units subject to inspection and supervision of competent state management agencies for their whole activities.
4. The Ministry of Health shall formulate and issue professional guides and technical process; stipulate on division of technical professional levels for the medical examination and treatment establishments; stipulate the main profesional tasks of health units in remaining field under professional levels; stipulate and issue criteria to assess result of completed professional tasks.
Article 6. Regulation on joint venture, association and service activities
1. Units are entitled to contribute capital, mobilize capital, perform joint venture, association in accordance with law to expand their establishments, develop services and technique; carry out techniques not in list of assigned techniques and professional task; organize service activities to meet social demands but suitable to their specialized field, capability and in accordance with law. The capital contribution or mobilization, performing joint venture or association must be separately accounted or establish an independent accounting facility.
2. In case of establishing an independent accounting facility in the current precinct of units: Units must formulate Scheme and report to the superior agencies for approval; the independent accounting facilities must be their inferior accounting units, directly be managed, operate under the principle of self-ensuring all regular operational expenditure and investment expenditure and be assigned autonomy and self-responsibility in implementation of specialized tasks, organization of apparatus, payroll and finance in accordance with current regulation.
Article 7. Organization of apparatus; plan on recruitment, management and use of civil servants, public employees
1. Organization of apparatus
a. On the basis of the Regulation on organization and operation has been approved, unit is entitled to decide establishment or re-organization of departments, divisions, and other affiliated organizations in order to perform the specialized action plan which has been registered or assigned by the superior;
b. Units of group 1 must establish a management council in order to decide important issues during their operation. A management council has 09 memebers, including: 01 chairperson, 01 vice chairperson and 07 members. Chairperson is the head of unit, vice chairperson is Party Secretary of unit ( if head of unit is concurrently in charge of Party Secretary, vice Party Secretary will join in); Members of council include: 01 representative of the superior agency in health management; 01 representative of the superior agency in financial management, 02 deputies of head of unit (if unit has only 01 deputy, chief of the planning and summarization division will join in); 01 is president of the union of unit; 02 persons working in health selected according to method of secret ballot by all cadres, public employees specialized in health of unit and graduated from university or higher. The functions, tasks and operational regulation of the management council as prescribed by the Ministry of Health. Ministers, Heads of ministerial-level agencies and Governmental agencies shall decide establishment of management council of central units, the chairpersons of the provincial People’s Committee shall decide establishment of local unit’s management council.
2. Plan on recruitment of public employees
a. The Ministry of Health shall assume the prime responsibility for, and coordinate with Ministry of Internal Affairs in guiding structure of public employees according to professional titles and quantity of public employees in respective of health fields;
b. Annually, unit shall, based on documents guiding on structure and quantity of public employees issued by competent agencies; based on functions, tasks, specialized operational plan, demand of work, position, employment, salary fund of unit, formulate plan on recruitment of public employees, in which clearly state necessary requirements on quantity, quality, structure of public employees of each affiliated organization;
c. For units of group 1, group 2: The head of unit, under his/her jurisdiction, decides plan on recruitment of public employees of unit in order to ensure realization of the specialized operation plan but he/she must report to superior agency for summarizing, monitoring, inspecting and supervising;
d. For units of group 3, group 4: agency or unit competent to appoint, relieve of duty the head of unit shall approve the plan on recruitment of oublic employers of unit;
e. The head of unit is entitled to sign the hiring or lump-sum contracts for affairs that are not necessary to arrange regular labors and other service activities; in entitled to sign labor contracts and other forms of cooperation with foreign and domestic experts, scientists in accordance with law in order to meet specialized requirement of unit.
3. Recruitment, management and use of civil servants, public employees:
a. Head of unit shall review, arrange, allocate and use the existing civil servants, public employees in conformity with their specialized qualification and actual conditions of unit;
b. For units of group 1, group 2: head of unit shall organize recruitment of public employees; decide recruitment of public employees according to examination or selection and take responsibility for her/his decision;
c. For units of group 3, group 4: agency or unit competent to appoint, relieve of duty the head of unit shall conduct decentralization to perform recruitment to head of unit for implementation. Head of unit shall recruit in accordance with law and be responsible for her/his decision. In special case. when a unit fail to be eligible to perform recruitment, it must report agency or unit competent to appoint, relieve of duty the head of unit to perform recruitment;
d. Head of unit is entitled to receive the public employees at the rank of main doctor or equivalent rank or lower;
dd. The recruitment must comply with current law regulations on recruitment of civil servants, public employees;
e. Unit is responsible for structure, minimal quantity of public employees as guided by the Ministry of Health and Ministry of Internal Affairs to meet demand on people’s health care.
4. The appointment, dismissal, reward, discipline of civil servants, public employees shall comply with current regulations of law;
Tìm kiếm
Nghị định 85/2012/NĐ-CP về cơ chế hoạt động, tài chính đối với đơn vị sự nghiệp y tế công lập và giá dịch vụ khám, chữa bệnh của cơ sở khám, chữa bệnh công lập (Bản Word)
Nghị định 85/2012/NĐ-CP về cơ chế hoạt động, tài chính đối với đơn vị sự nghiệp y tế công lập và giá dịch vụ khám, chữa bệnh của cơ sở khám, chữa bệnh công lập (Bản Pdf)