Thông tư 26/2017/TT-BYT ngày 26/06/2017 Hướng dẫn chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Trung tâm Kiểm soát bệnh tật tỉnh, thành phố trực thuộc Trung ương do Bộ trưởng Bộ Y tế ban hành

CIRCULAR

GUIDANCE ON FUNCTIONS, TASKS, ENTITLEMENTS AND ORGANIZATIONAL STRUCTURES OF CENTERS FOR DISEASE CONTROL OF PROVINCES AND CENTRAL-AFFILIATED CITIES

Pursuant to the Government's Decree No. 75/2017/ND-CP dated June 20, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Health;

Pursuant to the Government’s Decree No. 24/2014/ND-CP dated April 04, 2014 defining organizational structures of specialized agencies affiliated to People’s Committees of provinces and central-affiliated cities;

At the request of the Director of the Department of Personnel and Organization - Ministry of Health;

The Minister of Health hereby promulgates a Circular on guidance on functions, tasks, entitlements and organizational structures of Centers for Disease Control of provinces and central-affiliated cities.

Chapter 1

GENERAL

Article 1. Scope and regulated entities

1. This Circular provides guidance on functions, tasks, entitlements and organizational structures of centers for disease control of provinces and central-affiliated cities (hereinafter referred to as “provincial Centers for Disease Control”).

2. This Circular applies to provincial health centers, except for Centers for Quality Control of Food, Drug and Cosmetics; Forensic Medicine Centers; Medical Assessment Centers.

Article 2. Legal position

1. Provincial Center for Disease Control is a public health service provider affiliated to the Department of Health, has its own legal status, head office, seal and account opened at State Treasury and banks as prescribed by law.

2. The provincial Center for Disease Control is under the direction and management of the Department of Health regarding expertise, techniques, professional operation, human resources, finance and infrastructure; under the direction and inspection by the Ministry of Health regarding expertise, techniques and professional operation.

Chapter II

FUNCTIONS, TASKS AND ENTITLEMENTS

Article 3. Functions

The Provincial Center for Disease Control exercises the functions of providing advice on and organizing technical and professional activities (hereinafter referred to as “professional activities”) related to prevention and control of epidemics and infectious diseases; non-communicable diseases; prevention and control of risk factors to health; public health management; medical examination, preventive treatment and other health services suitable for its specialized medical fields within the province as prescribed by law.

Article 4. Tasks and entitlements

1. Carry out professional activities, provide instructions on, manage, inspect and supervise prevention and control of infectious diseases, HIV/AIDS, parasitic diseases, insect-borne diseases, food-borne diseases, zoonotic diseases and emerging diseases; monitor changes and forecast epidemics and diseases; respond to state of emergency concerning epidemics and diseases and public health events; manage and use vaccines, medical biologicals and vaccination.

2. Carry out professional activities, provide instructions on, manage, inspect and supervise prevention and control of non-communicable diseases (cancers, cardiovascular diseases, diabetes mellitus, chronic obstructive pulmonary disease, bronchial asthma, mental illness and others), diseases caused by metabolic disorders and occupational diseases; school health and school diseases; impacts of risk factors and pre-existing conditions; screen and manage non-communicable diseases in the community.

3. Carry out professional activities, provide instructions on, manage, inspect and supervise prevention and control of nutritional disorders and micronutrient disorders; nutrition and dietetics, nutrition in the prevention and control of non-communicable diseases; improve maternal and child nutrition, and community nutrition; cooperate in conducting activities to improve the height and physical health of Vietnamese people.

4. Carry out professional activities, provide instructions on, manage, inspect and supervise prevention and control of environmental factors and climate change affecting community health; protection of environment by health facilities, occupational environment and hygiene and school environment and hygiene; quality of drinking and domestic water; household latrine cleanliness; participate in disaster and accident prevention and control; cooperate in providing guidelines for hygienic burial and cremation.

5. Conduct health quarantine; collect information, carry out supervision and health inspection and control and issue certificates to entities subject to health quarantine; use English health quarantine seal in border health quarantine as assigned and prescribed by law.

6. Carry out professional activities, provide instructions on, manage, inspect and supervise performance of professional and technical tasks regarding reproductive health; maternity and women’s health care; newborn and child health care; reproductive health care for adolescents, young men, men and older people; family planning services; safe abortion within the approved technical and professional scope; prevention and control of infections and reproductive cancers; cooperate in prevention and control of sexually transmitted diseases.

7. Carry out professional activities, provide instructions on, manage, inspect and supervise community health, health of the elderly and workers; manage household health as assigned.

8. Cooperate in prevention and control of food poisoning; participate in determining eligibility for food production and trading; participate in inspecting food and drink establishments for food safety assurance and performance of other food safety-related tasks as assigned and prescribed by law.

9. Screen and detect diseases and provide preventive treatment as prescribed; provide counseling on preventive treatment, infertility prevention and control, drug addiction treatment as prescribed by law; provide first aid and emergency treatment, carry out referral, and implement professional techniques and procedures; conduct periodic health checks and issue fit to work certificates in accordance with regulations of competent authorities and law; sign contracts with the social security office to organize the provision of medical services suitable for the specialized medical fields as prescribed by law.

10. Carry out food control; conduct tests, diagnostic imaging and functional assessment in favor of professional and technical activities within its jurisdiction and implement measures to ensure biosafety in laboratories in accordance with regulations of law.

11. Carry out professional activities, provide instructions on, manage, inspect and supervise risk communication, behavior change communication in beneficial directions, communication in improvement in people’s health; design communication documents; provide information and cooperate with relevant organizations and individuals in propagating guidelines and policies on health work of the Communist Party and the State.

12. Receive, use, provide, store, dispense, direct, inspect and supervise the use of medicines, vaccines, medical biologicals, chemicals, equipment, supplies and vehicles in service of professional activities; insecticidal and germicidal chemicals and preparations for household and medical use as assigned by the Department of Health and as prescribed by law.

13. Act as a standing agency of the Department of Health in order to respond to state of emergency concerning epidemics and diseases, public health events, prevention and control of AIDS, drug use and prostitution; execute domestic and international cooperation projects and programs on health as assigned by the Department of Health and as prescribed by law.

14. Provide training and continuous training for officials under its management as prescribed; provide refresher training in professional knowledge of the specialized medical fields under its management as assigned by the Department of Health; continuously update medical practitioners on medical knowledge; act as a practice facility in the program of health category as prescribed by law.

15. Conduct researches and participate in scientific researches, apply technological advances and information technology; provide technical assistance as assigned by the Department of Health.

16. Comply with regulations on production of statistics and reporting as prescribed by law.

17. Manage human resources, finance and assets as assigned and prescribed by law.

18. Perform other tasks and exercise other entitlements as assigned by the Director of the Department of Health and as prescribed by law.

Chapter III

ORGANIZATIONAL STRUCTURE, NUMBER OF EMPLOYEES AND SOURCES OF FINANCE

Article 5. Heads

1. A provincial Center for Disease Control has one Director and no more than 03 Deputy Directors.

2. The appointment, dismissal, secondment, awarding, imposition of discipline, permission for resignation and retirement and provision of benefits for Director and Deputy Directors of the  provincial Center for Disease Control shall comply with regulations of law and as assigned by the provincial People’s Committee.

Article 6. Dedicated divisions

1. Division of Organization and Administration.

2. Division of General Planning.

3. Division of Accounting and Finance.

Article 7. Specialized departments

1. Department of Infectious Disease Prevention and Control.

2. Department of HIV/AIDS Prevention and Control.

3. Department of Non-Communicable Disease Prevention and Control.

4. Nutrition Department.

5. Department of Environmental Health, School Health and Occupational Diseases; in areas where industrial parks are located and if necessary, a Department of Occupational Disease shall be established.

6. Department of Reproductive Health.

7. Department of Health Communication and Education.

8. Department of Parasitology and Entomology.

9. Department of International Health Quarantine (in areas where border health quarantine is required).

10. Department of Pharmacy and Medical Equipment.

11. Department of Testing, Diagnostic Imaging and Functional Assessment.

12. Polyclinics and specialized clinics (operating in the case of eligibility for medical examination and treatment and when established by a competent authority).

According to the nature, characteristics, demands and capacity of each area, the Director of the Department of Health shall decide or request the President of the provincial People's Committee to decide to establish, fully divide, partially divide or integrate divisions and departments as prescribed in Articles 6 and 7 hereof; assign specific tasks to each division and department in accordance with this Circular, ensuring that professional and technical services are provided on demand and as prescribed by law.

Article 8. Number of employees

1. The number of employees of a provincial Center for Disease Control shall be determined on the basis of positions by functions, tasks and scope of operation of the center, divisions and departments as prescribed in Articles 5, 6 and 7 hereof and included in the total number of employees of public service providers affiliated to the provincial Department of Health as assigned or approved by a competent authority.

2. According to the functions, tasks, organizational structure and list of positions approved by a competent authority, the provincial Center for Disease Control shall prepare an annual plan for adjustment to the number of employees by volume of work and send the plan to the Department of Health, which will submit it to a competent authority for consideration and decision as prescribed by law so as to ensure that the assigned tasks are performed.

Article 9. Sources of finance

1. Revenue from provision of public services.

2. Revenue from fees and charges which is retained in accordance with the law on fees and charges.

3. State budget covering the costs that are yet to be included in the prices and fees for public services.

4. Other revenue prescribed by law (if any).

5. Funding covered by the state budget for performance of non-recurrent tasks (if any), including: funding for performance of science and technology tasks; funding for execution of national target programs, and other programs, projects and schemes; reciprocal capital for executing projects under the competent authority’s decisions; development investment capital; funding for purchasing equipment for provision of public services according to the projects approved by the competent authority; funding for performing occasional tasks assigned by the competent authority.

6. Aids and donations prescribed by law.

Chapter IV

IMPLEMENTATION CLAUSE

Article 10. Effect

1. This Circular comes into force from August 10, 2017.

2. Regulations of this Circular shall apply to the functions, tasks, entitlements and organizational structure of Centers for Disease Control that are established according to the roadmap and the following legislative documents shall not apply:

a) Circular No. 51/2014/TT-BYT dated December 29, 2014 of the Minister of Health;

b) Circular No. 02/2015/TT-BYT dated March 0, 2015 of the Minister of Health;

c) Circular No. 59/2015/TT-BYT dated December 31, 2015 of the Minister of Health;

d) Circular No. 14/2007/QD-BYT dated January 30, 2007 of the Minister of Health;

d) Circular No. 15/2007/QD-BYT dated January 30, 2007 of the Minister of Health;

e) Circular No. 38/2006/QD-BYT dated December 07, 2006 of the Minister of Health;

g) Circular No. 37/2006/QD-BYT dated December 07, 2006 of the Minister of Health;

h) Circular No. 02/2006/QD-BYT dated January 16, 2006 of the Minister of Health;

i) Circular No. 911/1999/QD-BYT dated March 31, 1999 of the Minister of Health;

3. In the case where provincial Centers for Disease Control are in the process of being established, regulations of the legislative documents mentioned in Clause 2 of this Article shall apply to functions, tasks, entitlements and organizational structure of Centers that are yet to be merged until the establishment is completed.

4. The legislative documents in Clause 2 of this Article will be repealed when all provinces and central-affiliated cities complete the establishment of provincial Centers for Disease Control.

Article 11. Transitional clauses

The provincial People’s Committee shall, within its power and in accordance with law, decide to provide benefits for managers, officials and employees of provincial health centers after the arrangement and consolidation are carried out under the guidance set out in this Circular.

Article 12. Responsibility for implementation

1. People’s Committees of provinces and central-affiliated cities shall:

a) direct Departments of Health to consolidate their organizational structures under the guidance in this Circular within their provinces according to the roadmap, actual condition and Vietnamese health system development planning and completes the organizational structures by January 01, 2021.

b) ensure that infrastructure, vehicles, equipment, funding and human resources are provided to the provincial Centers for Disease Control in order to meet the requirements for carrying out professional and technical activities under the guidance provided in this Circular, and the realistic demands within their provinces.

2. Departments of Health of provinces and central-affiliated cities shall:

a) preside over and cooperate with Departments of Home Affairs in requesting Presidents of People's Committees to establish provincial Centers for Disease Control according to the roadmap, plan, local actual conditions and regulations of law;

b) under the guidance provided in this Circular and regulations of the provincial People’s Committees (if any), define functions, tasks, entitlements and organizational structures of provincial Centers for Disease Control;

c) under the guidance provided in this Circular and regulations of the provincial People’s Committees (if any), prescribe adjustments to functions, tasks, entitlements and organizational structures of public health service providers concerned to fully perform the tasks in people’s health protection, care and promotion as prescribed.

Difficulties that arise during the implementation of this Circular should be promptly reported to the Ministry of Health for consideration and resolution./.

APPENDIX

GUIDANCE ON TASKS OF DIVISIONS AND DEPARTMENTS AFFLIATED TO CENTERS FOR DISEASE CONTROL OF PROVINCES AND CENTRAL-AFFILIATED CITIES
(Promulgated together with the Circular No. 26/2017/TT-BYT dated June 26, 2017 of the Minister of Health)

1. Division of Organization and Administration

a) Play the leading role in assisting the Director of the provincial Center for Disease Control (Center Director) in preparing plans, organizing implementation thereof and making reports on: organizational structure; human resource management; internal politics protection; assets, infrastructure and equipment; administration, management, records and archives;

b) Cooperate in organizing seminars, conferences and training courses;

c) Perform other tasks assigned by the Center Director.

2. Division of General Planning

a) Play the leading role in assisting the Center Director in preparing plans, organizing implementation thereof and making reports on: periodic and unscheduled plans; plans to provide instructions on, inspect and supervise the implementation of professional regulations and technical procedures; provision of technical assistance; information technology; scientific research; collection, analysis, consolidation, storage and management of relevant information and data; programs and plans; professional conferences and seminars;

b) Cooperate in managing medicines, chemicals, supplies, infrastructure and equipment; managing human resources, finance and assets;

c) Perform other tasks assigned by the Center Director.

3. Division of Accounting and Finance

a) Play the leading role in assisting the Center Director in preparing plans, organizing implementation thereof and making reports on: financial management; estimation and use of budget; allocation of funding according to the approved estimate; collection of fees and prices of medical services; payment of salaries and allowance for employees of the Center; making of financial statements as prescribed by law;

b) Cooperate in preparing plans, implementing and supervising the execution of domestic and foreign programs and projects; assets, medicines, supplies, infrastructure and equipment; training, continuous training, seminars and conferences;

c) Perform other tasks assigned by the Center Director.

4. Department of Infectious Disease Prevention and Control

a) Play the leading role in preparing plans, organizing implementation thereof and making reports on: provision of instructions on, inspection and supervision of prevention and control of infectious diseases, parasitic diseases, insect-borne diseases, food-borne diseases, zoonotic diseases and emerging diseases; monitoring of changes and forecasting of epidemics and diseases; response to state of emergency concerning epidemics, diseases and public health events; use of vaccines and medical biologicals and vaccination;

b) Cooperate in providing information and communication; monitor pathogens and risk factors; provide preventive treatment and manage community health; conduct researches, participate in scientific researches and apply technological advances; provide training in improvement in professional competence and techniques with regard to infectious diseases;

c) Perform other tasks assigned by the Center Director.

5. Department of HIV/AIDS Prevention and Control

a) Play the leading role in preparing plans, organizing implementation thereof and making reports on provision of instructions on, inspection and supervision of HIV/AIDS prevention and control;

b) Cooperate in providing information and communication; monitor pathogens and risk factors; provide preventive treatment and manage community health; conduct researches, participate in scientific researches and apply technological advances; provide training in improvement in professional competence and techniques with regard to HIV/AIDS;

c) Perform other tasks assigned by the Center Director.

6. Department of Non-Communicable Disease Prevention and Control

a) Play the leading role in preparing plans, organizing implementation thereof and making reports on: provision of instructions on, inspection and supervision of prevention and control of non-communicable diseases (cancers, cardiovascular diseases, diabetes mellitus, chronic obstructive pulmonary disease, bronchial asthma, mental illness and others) and diseases caused by metabolic disorders; screening and management of non-communicable diseases in the community;

b) Cooperate in providing information and communication; monitor pathogens and risk factors; provide preventive treatment and manage community health; conduct researches, participate in scientific researches and apply technological advances; provide training in improvement in professional competence and techniques with regard to non-communicable diseases;

c) Perform other tasks assigned by the Center Director.

7. Nutrition Department

a) Play the leading role in preparing plans, organizing implementation thereof and making reports on: provision of instructions on, inspection and supervision of prevention and control of nutritional disorders and micronutrient disorders; nutrition and dietetics,  nutrition in the prevention and control of non-communicable diseases, maternal and child nutrition, and community nutrition; activities aimed at improving the height and physical health of Vietnamese people;

b) Cooperate in providing information and communication; monitor pathogens and risk factors; provide preventive treatment and manage community health; conduct researches, participate in scientific researches and apply technological advances; provide training in improvement in professional competence and techniques with regard to nutrition;

c) Perform other tasks assigned by the Center Director.

8. Department of Environmental Health, School Health and Occupational Diseases

a) Play the leading role in preparing plans, organizing implementation thereof and making reports on: provision of instructions on, inspection and supervision of prevention and control of environmental factors and climate change affecting community health; protection of environment by health facilities, occupational environment and hygiene, employee health, occupational diseases, quality of drinking and domestic water, household latrine cleanliness; school environment and hygiene, school diseases, school health; disaster and accident prevention and control;

b) Cooperate in providing information and communication; monitor pathogens and risk factors; provide preventive treatment and manage community health; conduct researches, participate in scientific researches and apply technological advances; participate in determining eligibility for food production and trading; inspection of food and drink establishments for food safety assurance and performance of other food safety-related tasks as assigned and prescribed by law; provide training in improvement in professional competence and techniques with regard to its specialized medical fields;

c) Perform other tasks assigned by the Center Director.

In the area where a separate Department of Occupational Diseases is available, tasks related to occupational diseases and employee health management shall be performed by such Department.

9. Department of Occupational Diseases (in areas where separate Departments of Occupational Diseases are available)

a) Play the leading role in preparing plans, organizing implementation thereof and make reports on: provision of instructions on, inspection and supervision of occupational disease prevention and control, and employee health management;

b) Cooperate in providing information and communication; monitor pathogens and risk factors; provide preventive treatment and manage community health; conduct researches, participate in scientific researches and apply technological advances; provide training in improvement in professional competence and techniques with regard to employee health and occupational diseases;

c) Perform other tasks assigned by the Center Director.

10. Department of Reproductive Health

a) Play the leading role in preparing plans, organizing implementation thereof and make reports on: provision of instructions on, inspection and supervision of reproductive health, maternity and women’s health care; newborn and child health care; reproductive health care for adolescents, young men, men and older people; family planning services, safe abortion; prevention and control of infections and reproductive cancers; cooperation in prevention and control of sexually transmitted diseases;

b) Cooperate in providing information and communication; monitor pathogens and risk factors; provide preventive treatment and manage community health; conduct researches, participate in scientific researches and apply technological advances; provide training in improvement in professional competence and techniques with regard to reproductive health;

c) Perform other tasks assigned by the Center Director.

11. Department of Health Communication and Education

a) Play the leading role in preparing plans, organizing implementation thereof and make reports on: provision of instructions on, inspection and supervision of risk communication, behavior change communication in beneficial directions, communication in improvement in people’s health; provision of information, design of communication documents and cooperation with mass communication agencies and socio - political organizations in propagating guidelines and policies on health work of the Communist Party and the State;

b) Cooperate in providing information and communication; monitor pathogens and risk factors; provide preventive treatment and manage community health; conduct researches, participate in scientific researches and apply technological advances; provide training in improvement in professional competence and techniques with regard to health communication and education;

c) Perform other tasks assigned by the Center Director.

12. Department of Parasitology and Entomology

a) Play the leading role in preparing plans, organizing implementation thereof and make reports on: provision of instructions on, inspection and supervision of parasites and insects transmitting diseases; insecticidal and germicidal chemicals and preparations for household and medical use;

b) Cooperate in providing information and communication; monitor pathogens and risk factors; provide preventive treatment and manage community health; conduct researches, participate in scientific researches and apply technological advances; provide training in improvement in professional competence and techniques regarding parasitology and entomology;

c) Perform other tasks assigned by the Center Director.

13. Department of International Health Quarantine

a) Play the leading role in preparing plans, organizing implementation thereof and make reports on: provision of instructions on, inspection and supervision of health quarantine, collection of information, supervision and health inspection and control and issuance of certificates to entities subject to health quarantine as assigned and prescribed by law;

b) Cooperate in providing information and communication; monitor pathogens and risk factors; conduct researches, participate in scientific researches and apply technological advances; provide training in improvement in professional competence and techniques with regard to health quarantine;

c) Perform other tasks assigned by the Center Director.

14. Department of Pharmacy and Medical Equipment

a) Play the leading role in preparing plans, organizing implementation thereof and make reports on: provision of instructions on, inspection and supervision of provision, storage, dispensation, use and receipt of medicines, vaccines, medical biologicals, chemicals, equipment, supplies and vehicles in service of professional activities;

b) Cooperate in providing information and communication; monitor pathogens and risk factors; conduct researches, participate in scientific researches and apply technological advances; provide training in improvement in professional competence and techniques with regard to pharmacy and medical equipment;

c) Perform other tasks assigned by the Center Director.

15. Department of Testing, Diagnostic Imaging and Functional Assessment

a) Play the leading role in preparing plans, organizing implementation thereof and make reports on: provision of instructions on, inspection and supervision of food control, tests, diagnostic imaging and functional assessment in favor of professional and technical activities within the jurisdiction of the Center and implementation of measures to ensure biosafety in accordance with regulations of law;

b) Cooperate in providing information and communication; monitor pathogens and risk factors; conduct researches, participate in scientific researches and apply technological advances; provide training in improvement in professional competence and techniques with regard to testing, diagnostic imaging and functional assessment;

c) Perform other tasks assigned by the Center Director.

16. Polyclinics and clinics

a) Play the leading role in preparing plans, organizing implementation thereof and make reports on: screening and detection of diseases and provision of preventive treatment as prescribed; provision of counseling on preventive treatment, infertility prevention and control; occupational disease examination and treatment; drug addiction treatment as prescribed by law; provision of first aid and emergency treatment, referral, and implementation of professional techniques and procedures in accordance with regulations of the competent authority and law; periodic health checks and issuance of fit to work certificates in accordance with law; management of community and household health;

b) Cooperate in providing information and communication; monitor pathogens and risk factors; conduct researches, participate in scientific researches and apply technological advances; provide training in improvement in professional competence and techniques with regard to their specialized medical fields;

c) Perform other tasks assigned by the Center Director./.