Chương I Thông tư liên tịch 51/2015/TTLT-BYT-BNV: Sở y tế

Chapter I

DEPARTMENTS OF HEALTH

Article 1. Positions and functions

1. Department of Health is a specialized agency affiliated to the People’s Committee of the province, and meant to assist the People's Committee of the province in performing state management of health, including: preventive medicine; medical diagnosis and treatment; rehabilitation; medical examination, forensic examination and forensic psychiatric assessment; traditional medicine; medical equipment; pharmaceutical products; cosmetics; food safety; health insurance; population and family planning; reproductive health and other healthcare services within a province in accordance with regulations of law.

2. The Department of Health has a separate legal status, seal and account, is under the direction and management of the People's Committee of the province regarding organizational structure, payroll and operations and is under the direction and guidance and subject to specialized inspection of the Ministry of Health.

Article 2. Tasks and entitlements

1. Submit the following documents to the People’s Committee of the province:

a) Draft decisions, draft directives; long-term, 5-year or annual planning and plans; programs, schemes, projects and solutions for administrative reform and other documents concerning healthcare sector that shall be promulgated by the People's Council and People’s Committee of the province;

b) Draft documents defining functions, tasks, entitlements and organizational structure of the Department of Health;

c) Draft documents providing for conditions, standards and titles applied to chiefs and deputies of affiliates of Departments of Health; heads and deputy heads of health authorities of districts.

2. Submit the following documents to the President of People’s Committee of the province:

a) Draft decisions, draft special directive and other documents concerning local healthcare sector that shall be promulgated by the People’s Committee of the province;

b) Draft decisions on establishment, merger, full division, partial division and dissolution of affiliates of Department of Health;

c) Draft documents on relationship between Department of Health and other departments and authorities of provinces and People's Committees of districts about local healthcare services; between health authorities and units and organizations related to healthcare services within districts;

d) Draft programs and solutions for mobilizing resources and promoting inter-agency cooperation in disease prevention and control, food safety, population and family planning and other local healthcare services.

3. Provide counseling on and organize the formulation of legislative documents; review, systematize, inspect and address legislative documents, disseminate laws, supervise the implementation of laws, inspect the implementation of laws, planning, plans, programs and schemes on healthcare services under the management of the Department of Health as prescribed by law.

4. Certify advertising contents with respect to special products and services under the management of the Department of Health as prescribed by law.

5. Regarding healthcare communication and education:

a) Organize healthcare communication and education;

b) Be in charge of providing local healthcare-related information for press and the people.

6. Regarding preventive medicine:

a) Direct, provide guidelines and assess the adherence to professional regulations, national technical standards in prevention and control of infectious diseases; HIV/AIDS; treatment for opioid addiction; non-communicable diseases; occupational diseases, accidents and injuries; environmental health, school healthcare, occupational sanitation and health; community nutrition; border health quarantine; insecticidal and germicidal chemicals and preparations for household and medical use within provinces;

b) Direct and organize the supervision of infectious diseases, non-communicable diseases, mysterious diseases; early detect infectious diseases causing epidemics; declare outbreak as prescribed by law; provide counseling on the declaration of outbreak and successful outbreak control for People’s Committees of provinces in accordance with the law;

c) Organize the provision of vaccines and medical biologicals to eligible entities as per the law; organize the receipt of applications for issuance of certificate of eligibility to give vaccination and issuance thereof within provinces as prescribed by law;

d) Issue, reissue and revoke certificates of biosafety of laboratories as prescribed by law;

dd) Be in charge of tobacco harm reduction, alcohol, beer and alcoholic drink harm reduction within provinces;

e) Act as a standing member of the Steering Committee for disease and HIV/AIDS prevention and control within a province.

7. Regarding medical diagnosis and treatment, and rehabilitation:

a) Direct, provide guidelines and supervise the implementation of legislative documents, professional regulations and national technical standards applied to health facilities, and rehabilitation, medical examination, forensic examination, and forensic psychiatric assessment centers according to the management hierarchy and technical level;

b) Issue, reissue, suspend and revoke certificates of practicing certificates of medical examination and treatment, and issue, reissue, adjust, suspend and revoke operating licenses of health facilities and opioid replacement therapy centers as prescribed by law;

c) Allow health facilities to apply new techniques and methods as prescribed by law.

8. Regarding traditional medicine::

a) Organize the inheritance and promotion of traditional medicine and combination of traditional medicine and modern medicine upon medical diagnosis and treatment, rehabilitation, training, scientific research and production of traditional medicines;

b) Direct, provide guidelines and supervise the implementation of legislative documents, professional regulations and national technical standards applied to health facilities and rehabilitation centers using traditional medicine within provinces;

c) Issue, reissue, suspend and revoke traditional medicine practicing certificates, and issue, reissue, adjust, suspend and revoke operating licenses of traditional medicine facilities in accordance with laws.

9. Regarding pharmaceutical products and cosmetics:

a) Provide guidelines for monitoring of pharmaceutical product and cosmetic quality and monitor thereof. Direct and supervise the recall of pharmaceutical products;

b) Direct the management and sale of pharmaceutical products, and pharmacy practice (issuance, suspension and revocation of pharmacy practice certificates), issuance of certificates of eligibility for pharmaceutical product trading and issuance of cosmetic notification number as prescribed by law;

c) Manage selling prices of drugs and drug bidding as prescribed by law;

d) Direct and provide guidelines for hospital pharmacy and other tasks within its power.

10. Regarding food safety:

a) Take charge of formulating or propose promulgation of local technical regulations on food safety of local special food products as prescribed by law;

b) Monitor product quality and producers and traders of food additives, food processing aids, implements, containers and packaging, bottled water, natural mineral water, functional foods, micronutrients and other foods within provinces as assigned by the Ministry of Health;

c) Organize the receipt of declarations of conformity or certificates of declaration of conformity with the food safety regulations; issue certificates of food safety and certificates of completion of food safety training programs to food and drink businesses and producers and traders of food products as prescribed by law;

d) Manage food safety within provinces; inspect fulfillment of food safety requirements by micro food producers and sellers, street vendors, food and drink businesses and markets;

dd) Act as a standing member of the Inter-agency Steering Committee for food safety within a province.

11. Regarding medical equipment and constructions:

Provide guidelines and assess the implementation of laws on medical equipment and constructions.

12. Regarding population and family planning and reproductive health:

a) Organize the fulfillment of criteria and operation of indicator systems with respect to population and family planning and reproductive health; direct and provide guidelines for implementation of national technical regulations and professional procedures for provision of reproductive healthcare services and family planning services;

b) Organize, provide guidelines, inspect, supervise and assess the implementation of policies, programs, schemes, projects and models related to population and family planning and reproductive healthcare services;

c) Give permission for adopting sex reassignment procedures and assisted reproductive technologies in accordance with laws;

d) Act as a standing member of the Steering Committee for population and family planning within a province.

13. Regarding health insurance:

Provide counseling, direct and provide guidelines for implementation of policies and laws on health insurance.

14. Regarding healthcare personnel training:

a) Organize the implementation of plans for healthcare personnel training policies on healthcare personnel development within provinces;

b) Manage healthcare personnel training institutions as assigned by the People’s Committee of the province.

15. Assist the People’s Committee of the province in performing state management of enterprises, collective and private business entities; provide guidelines and inspect operations of associations and non-governmental organizations involved in healthcare services within provinces as prescribed by law.

16. Execute administrative reform program with respect to healthcare services according to the objectives of the administrative reform program of the People’s Committee of the province.

17. Promote international cooperation in healthcare services as assigned or authorized by the People’s Committee of the province.

18. Take responsibility for providing professional guidelines for fields under the management of the Department of Health for health authorities affiliated to People’s Committees of districts.

19. Conduct researches, apply scientific and technological advances and technologies; establish an information and archiving system to serve state management and professional operations related to healthcare services.

20. Carry out inspection, take actions against violations and settle complaints and denunciations, prevent and fight against corruption, practice thrift and fight against wastefulness in the healthcare sector as prescribed by law and as assigned or authorized by the People's Committee of the province.

21. Define functions, tasks and entitlements of organizations affiliated to the Department in conformity with functions, tasks and entitlements of the Department of Health; provide for functions, tasks, rights, entitlements, organizational structure and professional relationship of authorities and public service providers affiliated to the Department under the general guidance of the Ministry of Health, Ministry of Home Affairs and relevant Ministries and regulations of the People’s Committee of the province.

22. Manage organizational structure, payroll, ranks of officials, job positions and ranks of public employees by professional titles public service providers affiliated to the Department; implement salary regimes and policies on preferential treatment, commendation and reward, and impose disciplinary penalties against officials, public employees and employees under the management of the Department as prescribed by law and as assigned or authorized by the People’s Committee of the province.

23. Provide guidelines and inspect the exercise of autonomy by public service providers as prescribed by law.

24. Manage and take responsibility for finance and allocated assets as prescribed by law and as assigned or authorized by the People’s Committee of the province.

25. Provide information and submit reports on performance of assigned tasks to the People’s Committee of the province and Ministry of Health on a periodic or ad-hoc basis.

26. Perform other tasks as assigned by the People’s Committee of the province and President of the People’s Committee of the province and as prescribed by law.

Article 3. Organizational structure and payroll

1. Heads of the Department of Health:

a) The heads of the Department of Health include the Director and no more than 03 Deputy Directors;

b) The Director of the Department of Health is responsible to the People’s Committee of the province, President of the People’s Committee of the province and law for performing functions, tasks and state management of healthcare sector within the province; is responsible for submitting reports on task performance to the People’s Committee of the province, President of the People’s Committee of the province and Minister of Health; submitting reports on task performance to the People’s Council of the province, responding to propositions of voters and questions of delegates of the People’s Council of the province;

c) The Deputy Directors of the Department of Health assist the Director of the Department of Health in directing performance of some tasks and is responsible to him/her and law for the fulfillment of their tasks. In the Director's absence, a Deputy Director authorized by the Director shall manage the operations of the Department;

d) The Director and Deputy Directors of the Department of Health appointed by the President of the People’s Committee of the province according to the standard in titles promulgated by the Ministry of Health and regulations of law. The Director and Deputy Directors shall not hold the title of the head of an inferior authority that has a legal status (unless otherwise prescribed by a superior authority);

d) The President of the People’s Committee of the province shall decide to dismiss, reassign, reward, impose disciplinary penalties against, give permission for resignation or retirement and provide benefits to the Director and Deputy Directors.

e) The Director shall decide to or request a competent authority to decide to appoint or dismiss the heads or deputy heads of organizations and units affiliated to the Department as authorized by the People’s Committee of the province and according to the standard in titles promulgated by the People’s Committee of the province.

2. Assisting and professional organizations affiliated to the Department of Health:

a) Office;

b) Inspection Division;

c) Personnel and Organization Division;

d) Medicine Division;

dd) Pharmacy Division;

e) Planning - Finance Department.

The Director of the Department of Health shall, according to characteristics and regulatory requirements of each area, take charge and cooperate with the Director of the Department of Home Affairs in requesting the President of the People’s Committee of the province to decide to establish the Division for Private Medical and Pharmaceutical Practice Management or an organization bearing another name to ensure all fields under his/her management are covered.  The organizations affiliated to the Department of Health shall not exceed 07.

3. Authorities affiliated to the Department of Health:

a) Population and Family Planning Branches;

b) Sub-departments of Food Hygiene and Safety.

The aforementioned authorities have a separate legal status, seal and account. A branch/sub-department shall not include more than 03 divisions.

4. Public service providers affiliated to the Department of Health:

According to local current situation, the Director of the Department of Health shall take charge and cooperate with the Director of Home Affairs in requesting the People’s Committee of the province to establish public service providers affiliated to the Department according to the planning approved by the competent authority and regulations of law;

a) Regarding preventive and specialized medicine: Establish Disease Control Centers in provinces on the basis of merging the centers having the same functions; merge specialized centers and centers having patient beds with the General Hospital of the province or establish a specialized hospital if sufficient sources are provided;

b) Regarding medical diagnosis and treatment and rehabilitation: Establish General Hospitals of provinces, regional General Hospitals, Traditional Medicine Hospitals of provinces and specialized hospitals of provinces in a manner that is relevant to local current situation. Establish a General Hospital of the district only if realistic demand is made, sufficient sources are provided and standards applied to a Grade II hospital with the approval of a competent authority are satisfied;

c) Regarding quality control: Establish Drug, Cosmetic and Food Quality Control Centers;

d) Regarding forensic examination: Establish forensic examination centers;

dd) Regarding medical examination: Establish medical examination centers;

e) Regarding training: establish medical colleges or medical intermediate schools;

g) Regarding health centers of districts: Health centers of districts are uniformly organized in districts and licensed to provide healthcare services related to preventive medicine, medical examination and treatment and rehabilitation; regional clinics, regional maternity houses (if any) and health centers of communes in a district are affiliated to the district health center.

5. Payroll:

a) Payroll of public service providers affiliated to the Department of Health is assigned on the basis of job positions in association with functions, tasks and scope of operation and included in the payroll of authorities and public service providers of provinces and central-affiliated cities that is assigned or approved by the competent authority.

b) According to the functions, tasks, organizational structure and list of jobs, ranks of officials and public employees by professional titles approved by a competent authority, the Department of Health shall take charge and cooperate with the Department of Home Affairs in preparing an annual plan for making payroll of public service providers and submitting it to the People’s Committee of the province, which will submit it to a competent authority for consideration as prescribed by law.