Nghị định 95/2022/NĐ-CP quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Y tế

DECREE

DEFINING FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF MINISTRY OF HEALTH OF VIETNAM

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on Amendments to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Government’s Decree No. 123/2016/ND-CP dated September 01, 2016 defining the functions, tasks, powers and organizational structures of ministries and ministerial agencies, and the Government’s Decree No. 101/2020/ND-CP dated August 28, 2020 providing amendments to the Government’s Decree No. 123/2016/ND-CP dated September 01, 2016;

At the request of the Minister of Health of Vietnam;

The Government promulgates a Decree defining the functions, tasks, powers and organizational structure of the Ministry of Health of Vietnam.

Article 1. Position and functions

The Ministry of Health of Vietnam is a governmental agency in charge of performing the state management of healthcare services, including the following fields: preventive medicine; medical examination and treatment, rehabilitation; medical assessment, forensic examination and forensic psychiatric assessment; traditional medicine; medical equipment; pharmaceutical products and cosmetics; food safety; health insurance; population, reproductive health; state management of public services rendered in the fields within the scope of its management.

Article 2. Tasks and powers

The Ministry of Health of Vietnam shall perform its tasks and powers as prescribed in the Government’s Decree No. 123/2016/ND-CP dated September 01, 2016 and the Government’s Decree No. 101/2020/ND-CP dated August 28, 2020, and the following specific tasks and powers:

1. Submit the following documents to the Government, including bills and draft resolutions of the National Assembly, draft ordinances and draft resolutions of the Standing Committee of the National Assembly, draft decrees of the Government which are formulated in conformity with the Ministry’s approved annual law-making programs or plans, and other projects and/or schemes as assigned by the Government or the Prime Minister; submit annual, medium-term and long-term development strategies, master plans or plans, and nationally significant projects and/or programs in healthcare and population field within the scope of its management to the Government or the Prime Minister.

2. Submit the following documents to the Prime Minister, including draft decisions, draft directives and other legislative documents in the fields and sectors under its management or as assigned.

3. Promulgate circulars, decisions, directives and other legislative documents on state management of fields and sectors within the scope of its management.

4. Direct, instruct and organize the implementation of legislative documents, strategies, master plans, plans, national target programs, and nationally significant programs, projects and/or works after they have been approved; examine, review, systematize, disseminate information on and educate about laws in the fields within the scope of its management as well as supervise the implementation of such laws.

5. Regarding preventive medicine:

a) Formulate and promulgate within its competence or request competent authorities to promulgate specialized regulations, national standards, national technical regulations, and economic - technical norms in the following fields: Surveillance, prevention and control of infectious diseases, HIV/AIDS, non-communicable diseases, occupational diseases, accidents and injuries; vaccination; laboratory biosafety; border health quarantine; environmental health and hygiene, occupational health, school hygiene and health services; community nutrition; prevention and control of harmful effects of tobacco; prevention and control of harmful effects of alcoholic beverages; domestic water quality; management of insecticidal and germicidal chemicals and preparations for household and medical use;

b) Promulgate, review and modify lists of infectious diseases for which the use of vaccines and biological products is mandatory, and organize the provision of vaccines and biological products to eligible entities in accordance with regulations of law;

c) Play the leading role and cooperate with relevant ministries and regulatory authorities in promulgating and amending occupational health standards for each occupation or job, the list of diseases requiring long-term treatment under which patients are entitled to enjoy sickness benefits and the list of occupational diseases under which patients are entitled to enjoy occupational disease benefits in Vietnam;

d) Organize the surveillance of infectious diseases, non-communicable diseases, idiopathic diseases, factors affecting human health and other public health matters; early detection of infectious diseases causing epidemics and announcement of outbreak and successful outbreak control in accordance with the law; play the leading role and cooperate with relevant authorities in providing accurate and timely information concerning infectious diseases;

dd) Request competent authorities to make decisions, or make decisions within its competence, on implementation of epidemic prevention and control measures; inspect, expedite and assist relevant agencies and local governments in implementing epidemic prevention and control measures; formulate and organize the implementation of public health emergency response plans;

e) Instruct and organize the conduct of border health quarantine activities at border checkpoints; provide timely information and reports on dangerous infectious diseases and public health issues in the world so as to proactively take prevention and control measures;

g) Manage, instruct and conduct workplace environment monitoring activities; direct the conduct of workplace environment monitoring activities at industrial parks and industrial clusters posing high risks of occupational diseases; evaluate, monitor and manage workplace hazards; establish workplace environment monitoring database, announce the list of eligible providers of workplace environment monitoring services and the list of entities suspended from provision of workplace environment monitoring services as prescribed by law;

h) Provide instructions within its competence on management of occupational health, health examination for employees, examination for early detection of occupational diseases and workplace monitoring of employee health; play the leading role in managing the issuance of certificates of professional training in occupational health, workplace first aid and emergency skills in accordance with the law regulations;

i) Direct and instruct the provision of primary health care services in community;

k) Appraise, issue, re-issue and revoke certificates of biosafety level-3 and level-4 laboratories, except laboratories under the management of the Ministry of National Defence of Vietnam;

l) Issue, re-issue, extend, suspend and revoke registration numbers, import licenses, certificates of free sales of insecticidal and germicidal chemicals and preparations for household and medical use; issue receipt notes of applications for declaration of eligibility to conduct testing or experiment on insecticidal and germicidal chemicals and preparations for household and medical use; issue certificates of advertising contents for insecticidal and germicidal chemicals and preparations for household and medical use in accordance with regulations of law;

m) Organize the issuance, re-issuance, modification and revocation of certificates of eligibility to run HIV confirmatory tests, and suspension of HIV confirmatory tests conducted by its affiliated health facilities and health facilities affiliated to other ministries or regulatory authorities;

n) Designate certification bodies to assess the conformity of tobacco products with regulations; issue, suspend, revoke or re-issue certificates of declaration of conformity of tobacco products in accordance with regulations of law;

o) Manage and instruct treatment for opioid and tobacco addiction nationwide;

p) Direct, instruct and inspect the implementation of specialized regulations and national technical regulations on preventive medicine nationwide;

q) Direct, instruct and inspect the conduct of HIV/AIDS prevention and control activities nationwide.

6. Regarding medical examination and treatment, rehabilitation, medical assessment, forensic examination and forensic psychiatric assessment:

a) Formulate and promulgate within its competence or request competent authorities to promulgate specialized regulations, national standards, national technical regulations, economic - technical norms and quality criteria in the following fields: medical examination and treatment, blood transfusion safety, nursing, rehabilitation, clinical nutrition, infection control; cosmetic surgery; donation, receipt and transplantation of human organs and tissues; medical assessment, forensic examination, and forensic psychiatric assessment in accordance with regulations of law;

b) Consider giving approval of the planning for the system of specialized health facilities; promulgate detailed regulations on determination of technical and professional levels of health facilities;

c) Manage the issuance, re-issuance and revocation of practicing certificates and licenses in medical examination and treatment sector; organize the issuance, modification, re-issuance and revocation of practicing certificates of persons working in its affiliated health facilities, and those working in health facilities affiliated to other ministries (except the Ministry of National Defence of Vietnam), and foreigners practicing in health sector in Vietnam; issue, re-issue, modify and revoke operating licenses of its affiliated health facilities, private hospitals or health facilities affiliated to other ministries (except the Ministry of National Defence of Vietnam) in accordance with regulations of law;

d) Appraise and give permission to health facilities to adopt new medical techniques or procedures which are applied in Vietnam for the first time in accordance with regulations of law;

dd) Issue certificates of approval of advertising contents for medical examination and treatment services within its competence in accordance with regulations of law;

e) Play the leading role and cooperate with relevant ministries to perform state management of prices of medical services in accordance with regulations of law;

g) Direct, instruct and inspect the implementation of legislative documents, specialized regulations, national standards and national technical regulations on medical examination and treatment, rehabilitation, cosmetic surgery, medical assessment, forensic examination and forensic psychiatric assessment.

7. Regarding traditional medicine:

a) Formulate and promulgate, or request competent authorities to promulgate, specialized regulations, national standards and national technical regulations on traditional medicine;

b) Formulate and request competent authorities to promulgate mechanisms and policies on inheritance, preservation, development and modernization of traditional medicine, and combined traditional and modern medicine;

c) Formulate and promulgate the list of controlled rare and precious herbs; develop herb farming areas and organize the implementation of measures for conservation, exploitation and rational and sustainable use of herbal resources;

d) Issue, modify, re-issue and revoke practicing certificates in traditional medicine of persons working in its affiliated health facilities, and those working in health facilities affiliated to other ministries (except the Ministry of National Defence of Vietnam), and foreigners practicing in traditional medicine in Vietnam; issue, re-issue, modify and revoke operating licenses of its affiliated traditional medicine facilities, private traditional medicine hospitals or traditional medicine facilities affiliated to other ministries (except the Ministry of National Defence of Vietnam) in accordance with regulations of law;

dd) Issue, extend, modify and revoke marketing authorizations for herbal materials and traditional drugs in accordance with regulations of law; issue, re-issue, modify and revoke certificate of eligibility for pharmacy business to/of herbal materials and traditional drugs trading establishments; GACP (Good Agricultural and Collection Practices) certificates in accordance with regulations of law;

e) Issue and re-issue certificates of approval of advertising contents for traditional medicine services; certificates of approval of information and advertising contents for traditional drugs and modifications thereof in accordance with regulations of law;

g) Direct, instruct and inspect the implementation of mechanisms, policies, legislative documents, specialized regulations and national technical regulations on traditional medicine, and combined traditional and modern medicine.

8. Regarding medical equipment and works:

a) Formulate and request competent authorities to promulgate, or promulgate within its competence, national standards, national technical regulations, strategies, policies and plans on medical equipment;

b) Promulgate detailed regulations and guidelines on standards and norms for use of specialized machinery and equipment in health sector; promulgate the list of medical equipment subject to inspection and inspection procedures for each of such listed equipment pieces;

c) Issue, suspend and revoke registration numbers of medical equipment; issue and revoke certificate of free sale of medical equipment; promulgate documents on cancellation of medical equipment classification results and make them publicly available; issue licenses to import medical equipment; publicly disclose information and applications for declaration of raw materials for manufacture of medical equipment, substances for external quality assessment that contain narcotic substances and precursors;

d) Publicly disclose information and applications for declaration of eligibility to provide medical equipment technical consulting services; issue, re-issue, modify and revoke certificates of registration of medical equipment inspection services within the scope of its management as prescribed by law;

dd) Instruct and organize the disclosure on its website of the information on prices of medical equipment declared by enterprises; successful bids for medical equipment of state-owned health facilities nationwide; and the list of medical equipment whose registration number has been revoked;

e) Play the leading role and cooperate with relevant authorities in directing, instructing and inspecting the implementation of legislative documents, national standards and national technical regulations on medical equipment;

g) Play the leading role and cooperate with relevant authorities in formulating and promulgating national technical regulations and standards on design of medical works; standards on design of specialized departments/wards of medical constructions.

9. Regarding pharmaceutical products and cosmetics:

a) Formulate and promulgate or request competent authorities to promulgate specialized regulations and national technical regulations on pharmaceutical products and cosmetics; national criteria on medicine; promulgate and update Vietnamese Pharmacopoeia and Vietnamese National Drug Formulary;

b) Promulgate the list of drugs and active ingredients included in the list of banned substances in some fields and sectors; the list of controlled drugs and medicinal materials; the list of rare drugs; the list of essential drugs; the list of OTC drugs; the list of domestically manufactured drugs to meet medical treatment, drug pricing and supply capacity requirements; the list of drugs supplied through bidding; the list of drugs supplied through centralized bidding; and the list of drugs supplied through price negotiation;

c) Issue, extend, modify and revoke marketing authorizations of drugs and medicinal materials; license to import/export drugs, medicinal materials and primary packages thereof; issue certificate of pharmaceutical products to drug traders in accordance with regulations of law; Approve order forms for narcotic drugs, psychotropic drugs, precursor drugs, medicinal materials which are narcotic active ingredients, psychotropic active ingredients or precursors;

d) Issue, re-issue, modify and revoke pharmacy practicing certificates by attending and passing examinations; certificates of eligibility for pharmacy business of drug/medicinal material manufacturers, importers or exporters, providers of drug/medicinal material storage, testing, clinical trial or bioequivalence study services; GMP (Good Manufacturing Practices) certificates, GLP (Good Laboratory Practices) certificates, GSP (Good Storage Practices) certificates and GCP (Good Clinical Practices) certificates in accordance with laws; announce the list of foreign drug/medicinal material manufacturers and traders applied for supply of drugs/medicinal materials in Vietnam; assess the conformity with GMP requirements by foreign drug/medicinal material manufacturers when they apply for supply of drugs/medicinal materials in Vietnam in accordance with regulations of law;

dd) Issue and revoke receipt numbers of written declarations of imported cosmetic products; approve changes in contents of such written declarations; issue, re-issue, modify and revoke CGMP (Cosmetic Good Manufacturing Practices) certificates in accordance with regulations of law;

e) Manage quality of drugs, medicinal materials and cosmetics; make decisions on suspension of sale or recall of drugs, medicinal materials and cosmetics in accordance with regulations of law; cooperate with relevant authorities to prevent and fight against production or sale of counterfeit, poor quality and unknown origin drugs, medicinal materials and cosmetics as well as the smuggling of drugs, medicinal materials and cosmetics in accordance with regulations of law;

g) Organize the drug information and pharmacovigilance system; issue, re-issue and modify certificates of drug information; certificates of approval of advertising contents for drugs in accordance with regulations of law;

h) Play the leading role and cooperate with Ministry of Finance of Vietnam and other ministries, ministerial agencies, Governmental agencies and Provincial People’s Committees to manage and announce the selling prices of drugs in accordance with regulations of law;

i) Provide guidelines for bidding for purchase of drugs serving medical prevention, examination and treatment with funding from state budget, health insurance fund and other lawful funding sources of health facilities; organize the national centralized drug procurement and play the leading role in negotiating drug prices in accordance with regulations of law;

k) Direct, instruct, organize and inspect the use of drugs in a rational, safe and effective manner;

l) Direct, instruct, organize and inspect the implementation of law regulations on pharmaceutical products and cosmetics.

10. Regarding food safety:

a) Play the leading role in formulating and promulgating national technical regulations on food products within the scope of its management; promulgate national technical regulations or regulations on safety limits of food product groups at the request of supervisory ministries; promulgate the list of food additives;

b) Formulate and request competent authorities to promulgate regulations on food safety conditions to be satisfied by manufacturers and traders of functional foods, natural mineral water, bottled water, edible ice, micronutrients, food additives, food flavorings, food processing aids, devices and materials for directly packaging or storing foods; industrial kitchens, restaurants of hotels, resorts, other restaurants, food and beverage trading establishments and street food vendors;

c) Play the leading role in disseminating information and knowledge and educate about laws on food safety within the scope of its management;

d) Play the leading role and cooperate with relevant ministries and regulatory authorities in building an alert system on food safety incidents; providing specific provisions on statement of food safety incidents; organizing the supervision, analysis of food safety risks, prevention, investigation and cooperation in preventing food poisoning as well as responding to food safety risks within the scope of its management;

dd) Manage the compliance with regulations on food safety during the production, preparation, processing, preservation, transportation, import, export and trading in the following food products, including: food additives, food processing aids, bottled water, natural mineral water, edible ice, micronutrients, functional foods and other foods in accordance with regulations of law; take responsibility for food safety management of devices and materials for directly packaging or storing foods during the production, processing and trading of food products in the fields within the scope of its management;

e) Organize receipt and management of applications, and issuance of certificates of registered product declaration with regard to dietary supplements, mixed food additives with new effects and food additives which are not included in the list of permitted food additives or are intended for use in foods other than those prescribed by the Ministry of Health of Vietnam; issuance of certificates of approval of advertising contents for dietary supplements; issuance of certificates of free sale for food products in the fields within the scope of its management; issuance of health certificates and other certificates for exported food products in accordance with regulations of law;

g) Consider issuing certificates of fulfillment of food safety requirements to eligible manufacturers and traders of mixed food additives with new effects and food additives which are not included in the list of permitted food additives or are intended for use in foods other than those prescribed by the Ministry of Health of Vietnam; issue and re-issue GMP certificates for dietary supplements in accordance with regulations of law;

h) Appoint food testing laboratories serving the performance of state management tasks and reference testing laboratories within the scope of its management; appoint laboratories that run tests serving arbitration and giving final conclusions in case of discrepancies in testing results given by various laboratories;

i) Appoint regulatory authorities in charge of performing food safety inspection of imported foods products within the scope of its management;

k) Direct, instruct, organize and inspect the implementation of legislative documents, national standards, and national technical regulations on food safety within the scope of its management;

l) Prepare periodical and ad hoc reports on food safety management on the basis of supervising and consolidating reports submitted by supervisory ministries and local governments.

11. Regarding population and reproductive health:

a) Formulate and request competent authorities to promulgate policies on population, including: population size, structure and quality;

b) Formulate and promulgate or request competent authorities to promulgate national standards on population, family planning, reproductive health and health of the elderly; formulate and promulgate criteria and indexes on population, reproductive health and health of the elderly; specialized regulations and national technical regulations on population and family planning services, reproductive health services and community-based healthcare services for the elderly;

c) Consider giving permission to eligible providers of consulting services on population, family planning and community-based healthcare services for the elderly in accordance with regulations of law;

d) Appraise and issue decisions on certification of health facilities' eligibility to conduct in vitro fertilization and surrogacy procedures for humanitarian purposes; consider giving permission to health facilities to conduct sex reassignment procedures;

dd) Direct, instruct and inspect the implementation of legislative documents, specialized regulations, national technical regulations, policies, programs and/or projects on population, family planning, reproductive health services and community-based healthcare services for the elderly.

12. Regarding health insurance:

a) Formulate and promulgate or request competent authorities to promulgate legislative documents, mechanisms and policies on health insurance;

b) Play the leading role and cooperate with relevant ministries and regulatory authorities in promulgating the list of covered drugs, chemicals, medical supplies and medical technical services, payment percentage and conditions;

c) Promulgate the basic health services package covered by the health insurance fund;

d) Promulgate specific regulations on medical procedures, medical examination and treatment process, referrals between health facilities covered by the health insurance fund;

dd) Play the leading role and cooperate with the Ministry of Finance of Vietnam in promulgating the bracket of prices of covered health services which shall be consistently applied by same-level hospitals nationwide;

e) Formulate and request competent authorities to promulgate solutions for ensuring the balance of the health insurance fund;

g) Direct, instruct and inspect the implementation of regulations of the law on health insurance by health facilities and relevant entities.

13. Regarding environment protection in healthcare sector:

a) Formulate and promulgate regulations on biomedical waste management, environmental protection within the precincts of health facilities and hygienic requirements in burial and cremation of bodies of people who have died as a result of epidemics;

b) Direct, instruct and organize the control of impacts of environmental pollution on human health, including: determination and announcement of limits of pollutants that affect human health; determination, assessment, warning, monitoring and detection of symptoms and causes of pollution-related diseases and health conditions; measures for protecting human health from climate change, environmental pollution and adverse environmental factors; management, making statistics, sharing and disclosure of information on pollution-related diseases; assessment of costs and economic losses incurred from pollution-related diseases and health conditions; formulate, instruct and organize the implementation of measures for surveillance, prevention and control of pollution-related diseases and health conditions; manage, share, exchange and disclose information on pollutants that affect human health;

c) Direct, instruct and organize the assessment of scope, subjects and impacts of environmental emergencies on human health; implementation of measures for preparedness and response to environmental emergencies caused by epidemics; and measures for prevention and minimization of impacts of environmental emergencies on human health;

d) Direct, instruct, organize and inspect the implementation of regulations of law on classification, collection, storage and management of biomedical waste and other waste, environmental protection within the precincts of health facilities and hygienic requirements in burial and cremation of bodies of people who have died as a result of epidemics in accordance with regulations of law.

14. Regarding management of officials working in the fields of medicine, pharmacy and population:

a) Formulate, promulgate and amend standards for professional titles of officials working in the fields of medicine, pharmacy and population after obtaining the consent from the Ministry of Home Affairs of Vietnam;

b) Provide guidelines on holders of leadership/management positions and other professional titles in the fields of medicine, pharmacy and population, professional titles-based structure of public employees and number of persons working in a public medical service provider after obtaining the consent from the Ministry of Home Affairs of Vietnam;

c) Play the leading role and cooperate with relevant authorities in formulating, promulgating and amending regulations on standards, conditions, contents, forms, and determination of successful candidates in examination or consideration for promotion of professional titles of public employees working in the fields of medicine, pharmacy and population after obtaining the consent from the Ministry of Home Affairs of Vietnam; organize examination or consideration for promotion of professional titles of public employees working in the fields of medicine, pharmacy and population in accordance with regulations of law

d) Play the leading role and cooperate with relevant authorities in formulating and requesting competent authorities to promulgate or amend policies for public employees working in the fields of medicine, pharmacy and population;

dd) Promulgate detailed regulations on contents, programs, forms and duration of training for public employees working in the fields of medicine, pharmacy and population in conformity with standards of their professional titles, and instruct and organize the implementation of such regulations.

15. Regarding health workforce training:

a) Formulate and promulgate within its competence or request competent authorities to promulgate strategies, plans and/or specific mechanisms/policies for health workforce training, and instruct the implementation thereof;

b) Formulate and promulgate professional qualification standards for health workforce which shall be used as the basis for formulation and development of training programs and expected learning outcomes for healthcare workforce training levels; cooperate with the Ministry of Education and Training of Vietnam, and the Ministry of Labour, War Invalids and Social Affairs of Vietnam to formulate training programs and expected learning outcomes for each healthcare of Vietnam training vocation and level;

c) Formulate and promulgate requirements regarding training quality and expected learning outcomes for training courses in medical specialties and ensuring continuous health workforce training;

d) Manage training in medical specialties and continuous health workforce training in accordance with regulations of law;

dd) Instruct, inspect and assess, within its competence, the implementation of regulations of law in training health workforce; inspect and review to ensure the satisfaction of requirements in providing practical training by educational institutions providing training courses in health disciplines/majors;

e) Stipulate and instruct the organization of examinations for granting practicing certificates in health sector in accordance with regulations of law.

16. Regarding science and technology in health sector:

a) Formulate and request competent authorities to promulgate mechanisms, policies, strategies and plans for scientific research, technological innovation and development in the fields within the scope of its management;

b) Manage, instruct and organize biomedical research on human participants;

c) Instruct and inspect the compliance with law regulations during the performance of science and technology tasks; technology transfer and dissemination and application of findings on scientific research and technological development in the fields within the scope of its management; manage and use science and technology resources in the fields within the scope of its management;

d) Organize the implementation of regulations of law on intellectual property and initiatives within the scope of its management;

dd) Manage the formulation and promulgation of national technical regulations in health sector in accordance with regulations of law; instruct, monitor and manage the dissemination and application of national standards and national technical regulations in health sector;

e) Organize the implementation of Technical Barriers to Trade (TBT) Agreement health sector.

17. Regarding information technology:

a) Formulate and promulgate or request competent authorities to promulgate strategies/ plans for application and development of information technology, information safety and digital transformation in health sector;

b) Formulate and promulgate or request competent authorities to promulgate specialized regulations, technical processes, national standards and/or national technical regulations on application and development of information technology, digital transformation in health sector, and assurance of health sector information safety and security in cyberspace;

c) Build, maintain, update and organize the development of e-government architecture of the Ministry of Health of Vietnam towards the development of digital government; build, manage, maintain, update and ensure safety and security of health sector information system and national health database, other health information systems; manage, connect and share digital data in health sector in accordance with regulations of law;

d) Direct, instruct, organize and inspect the implementation of strategies, plans, regulations and technical processes on application and development of information technology, artificial intelligence, and digital transformation in health sector, assurance of cybersecurity and safety of health sector information systems nationwide in accordance with regulations of law.

18. Formulate, direct, instruct and inspect the implementation of programs/plans on health education and dissemination of information in health sector.

19. Perform state management of public services in fields and sectors within the scope of its management in accordance with regulations of law; formulate and request competent authorities to promulgate, or promulgate within its competence, mechanisms/policies on provision of public services in health sector; promulgate technical – economic norms on public healthcare services under the state management; stipulate criteria and standards of quality of public healthcare services, and mechanisms for inspection and assessment of quality of public healthcare services and operational performance of public health facilities.

20. Play the leading role and cooperate with relevant authorities in preventing, controlling and providing first aid and treatment for disaster victims.

21. Formulate and organize the implementation of plans on national reserves of drugs, chemicals, medical equipment, means for prevention and control of epidemics, disaster preparedness and recovery according to the list of national reserves approved by the Government and in accordance with regulations of law.

22. Manage non-governmental organizations and/or associations engaged in the fields within the scope of its management in accordance with regulations of law.

23. Formulate and instruct the implementation of plans on administrative reform of the Ministry of Health of Vietnam which are developed according to the objectives and contents of the Government’s master program on state administrative reform.

24. Manage organizational structure, official payroll, number of employees, job positions, structure of official ranks, professional title-based structure of public employees; make decisions on internal transfer, assignment, appointment, discharge, dismissal, secondment, commendation, disciplinary actions, reassignment, retirement; implement policies on salaries and other benefits; provide training and retraining for officials, public employees and workers within the scope of its management in accordance with regulations of law.

25. Conduct international cooperation in the fields within the scope of its management in accordance with regulations of law.

26. Manage financial sources and assigned assets, and use allocated funding derived from state budget in accordance with regulations of law; manage the Vietnam Tobacco Control Fund (VNTCF) in accordance with regulations of law.

27. Conduct inspection of the implementation of law regulations and resolve complaints, denunciations and propositions concerning the fields within the scope of its management; perform anti-corruption tasks and take actions against violations in the fields within the scope of its management in accordance with regulations of law.

28. Formulate and promulgate the system of statistical indicators and regulations on statistical reports in health sector in accordance with regulations of law; collect, consolidate, analyze, manage and retain statistical data in health sector; establish the national health database.

29. Perform other tasks and powers as assigned by the Government or the Prime Minister and as prescribed by law.

Article 3. Organizational structure

1. Department of Health Insurance.

2. Department Maternal Health and Children.

3. Organization and Personnel Department.

4. Department of Planning and Finance.

5. Department of Legal Affairs.

6. Department of International Cooperation.

7. Ministry Office.

8. Ministry Inspectorate.

9. Administration of Science, Technology and Training.

10. General Department of Preventive Medicine.

11. Vietnam Administration of HIV/AIDS Control.

12. Health Environment Management Agency.

13. Department of Medical Services Administration.

14. Traditional Medicine Administration of Vietnam.

15. Drug Administration of Vietnam.

16. Vietnam Food Administration.

17. Infrastructure and Medical Device Administration.

18. Population Department.

19. Health Strategy and Policy Institute.

20. National Health Information Center.

21. Health and Lifestyle Newspapers.

The organizations referred to in Clauses 1-18 of this Article shall assist the Minister of Health of Vietnam in performing the state management functions; the organizations referred to in Clauses 19-21 of this Article are administrative units serving the Ministry of Health’s state management functions.

The Department of Planning and Finance is comprised of 5 divisions.

The Minister of Health of Vietnam shall request the Prime Minister to issue the list of other public administrative units affiliated to the Ministry of Health of Vietnam.

The Minister of Health of Vietnam shall stipulate functions, tasks, powers and organizational structures of its affiliated agencies.

Article 4. Effect

This Decree comes into force from November 15, 2022.

This Decree supersedes the Government’s Decree No. 75/2017/ND-CP dated June 20, 2017 defining functions, tasks, powers and organizational structure of the Ministry of Health of Vietnam.

The General Office for Population and Family Planning, Department of Medical Equipment and Works, Department of Information Technology, and Journal of Medicine and Pharmacy shall continue performing their functions, tasks, powers and organizational structure in accordance with regulations in force until the Minister of Health of Vietnam promulgates decisions defining functions, tasks, powers and organizational structure of the Population Department, Infrastructure and Medical Device Administration, and National Health Information Center affiliated to the Ministry of Health of Vietnam.

Article 5. Responsibility for implementation

Ministers, heads of ministerial agencies, heads of Governmental agencies, and Chairpersons of provincial People’s Committees are responsible for the implementation of this Decree./.