Nghị định 111/2017/NĐ-CP về đào tạo khối ngành sức khỏe

THE GOVERNMENT

Decree No. 111/2017/ND-CP dated October 05, 2017 of the Government on the provisions of practical training in the field of healthcare service

Pursuant to the Law on organization of Government dated June 19, 2015;

Pursuant to the Law on Education dated June 14, 2005 and the Law on Amendments to certain articles of the Law on Education dated November 25, 2009;

Pursuant to the Law on Higher Education dated June 18, 2012;

Pursuant to the Law on vocational education dated November 27, 2014;

At the request of the Minister of Health;

The Government promulgates the Decree on provisions of practical training in the field of healthcare service.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment and subject of application

1.This Decree deals with provisions on training programs, plans, contracts; requirements applied to organizing practical training; rights and responsibilities of organizations and individuals involved in provisions of practical training in the field of healthcare service.

2.This Decree applies to higher education institutions, public education institutions that provide practical training in the field of healthcare service (hereinafter referred to as “school”) and practical training institutions of schools providing training in the field of healthcare service; relevant individuals and organizations.

Article 2. Definitions

In this Decree, these terms are construed as follows:

1.A practical training institution of a school in the field of healthcare service (hereinafter referred to as “practical training institution”) refers to health facilities; preventive health facilities and other healthcare establishments that comply with the requirements applied to organizing practical training in accordance with this Decree.

2.Learner includes students, training specialists, graduate students, research students trained in the field of healthcare service.

3.Practical training instructor includes persons of practical training institutions and persons of educational institutions who meet the requirements of this Decree and are assigned to teach and instruct learners at practical training institutions.

Article 3. Principles of organization of education and training in the field of healthcare service

1.Ensure the safety, respect and confidentiality of information for health service users at the practical training institution.

2.Put the learners at the center to train them to achieve the qualities and abilities that have been determined in the practical training program in accordance with professional competence standards.

3.Closely coordinate between schools and practical training institutions in elaborating programs, plans, contracts, organizing practical training, measure and assess training results.

4.Ensure consistency, similarity of rights and responsibilities between schools and practical training institutions in organizing practical training.

Chapter II

PROGRAM, PLAN AND CONTRACT FOR PRACTICAL TRAINING

Article 4. Program for practical training

1.A program for practical training means the practical part in the overall training program of an academic level corresponding to each academic discipline or major issued by the school; is reflected in the training objectives and content, the overall training process, the teaching-learning method, the form of the test and the capacity assessment, the evaluation of the results and the output standard of the learner corresponding to each term, subject, module (for programs with modules) and the whole practical training program.

2.The school shall take charge and cooperate with the practical training institution in formulating a practical training program in accordance with Clause 1 this Article when formulating an overall training program.

Article 5. Plan for practical training

1.The annual practical training plan is based on the practical training program specified in Article 4 hereof, in which defines specific tasks of individuals and units of the school and the practical training institution to perform the practical training program.

2.The school shall take charge and cooperate with the practical training institution in establishing, reaching an agreement on and promulgating the plan for practical training.

Article 6. Contract for practical training

1.The practical training contract shall consist of a master contract and a detailed contract signed in accordance with the agreement between the school and the practical training institution that meets the requirements of practical training specified in Chapter III hereof . If the practical training institution is affiliated to the school or the school is affiliated to the practical training institution, they are not required to sign a practical training contract.

2.The school and the practical training institution shall, according to the practical training program, plan and requirements as specified in Article 4, 5 hereof, sign the master contract on practical training corresponding to each course at least 06 months before starting the course,

If the school opens a new training discipline in the field of healthcare service, the master contract for practical training must be signed before carrying out the procedures to open the discipline.

The master contract for practical training shall comply with Form 01 enclosed hereof.

3.The specified contract for practical training is signed corresponding to each school year, each practical training program and plan as specified in Article 4, 5 hereof, sign the master contract on practical training corresponding to each course at least 06 months before starting the course, specifically for each level, discipline and major. The specified contract for practical training is signed after the school and the practical training institution has reached an agreement on promulgating the practical training program in accordance with Article 5 hereof.

Article 7. Organization of implementation of program and plan for practical training

1.The school shall take charge and cooperate with the practical training institution in carrying out the following tasks:

a) Reach an agreement on the list of learners and practical training instructors;

b) Accept learners, practical training instructors and practical training managers sent from the school;

c) Reach an agreement with the school on assigning practical training instructors to guide the practical training in accordance with the promulgated practical training plan;

d) Promulgate and organize the implementation of conditions for using equipment and facilities in practical training;

dd) Regulate the integration of the contents of patient safety, ethics education and code of conduct for learners during the practical training at the practical training institution;

e) Regularly measure learners and assess training results in accordance with the practical training program.

2.The practical training institution that is also a health facility shall take charge and cooperate with the school in carrying out the following contents:

a) Regulations specified in Clause 1 hereof;

b) Assign functional units and personnel of the health facility to monitor and manage the practical training works;

c) Declare in writing and regularly update on its website (if any) the list on practical training instructors, quantity, types, disciplines, majors, level of practical training, the maximum number of learners can be accepted, the number of learners practicing at the health facility.

3.The assignment of practical training instructors and learners shall comply with programs, plans and contracts for practical training agreed upon and signed by schools and practical training institutions. The school and the practical training institution shall agree on the establishment that will act as the focal point to assign practical training instructors and learners depending on the practical conditions and capabilities of each party and must clearly state it in the specified contract on practical training.

4.Practical training instructors shall:

a) Teach and instruct practical training in accordance with the assigned program and plan for practical training;

b) Practical training instructors of the practical training institution and the school shall cooperate in managing, monitoring, measuring and assessing training results of learners in accordance with the program and plan for practical training.

Chapter III

REQUIREMENTS OF ORGANIZATION OF PRACTICAL TRAINING

Article 8. Requirements applied to practical training instructors

1.A practical training instructor shall:

a) Have a degree, professional qualification and professional experience of at least 12 consecutive months up to the time of practical teaching in accordance with the teaching level, discipline/major; the academic level of the practical training instructor shall not be lower than that of the learner; and

b) Have the practicing certificate and the scope of their professional competence in accordance with the programs and subjects of practical training in cases provided by the law.

2.A practical training instructor specialized in healthcare services shall:

a) Satisfy the requirements specified in Clause 1 hereof;

b) Have worked in medical examination or treatment for at least 36 months for postgraduate-level training, 24 months for university-level training and 12 months for college and intermediate-level training;

c) Instruct no more than 05 learners at postgraduate-level, no more than 10 learners at university-level, no more than 15 learners at college and intermediate-level; and

d) Be trained the clinical teaching-learning method according to the regulations of the Minister of Health, unless the practical training instructor has obtain the certificate of completion of teaching-learning method training program which includes clinical teaching-learning method.

Article 9. Requirements applied to practical training institutions

1.A practical training institution shall:

a) Have the operating scope suitable the practical training program;

b) Have sufficient equipment and facilities satisfying requirements ò the practical training program;

c) Have practical training instructors who meet the requirements specified in Clause 1 Article 8 hereof and have worked in the field in which training is provided for at least 12 consecutive months.

2.A practical training institution that is also a health facility shall:

a) Satisfy all requirements specified in Point a and b Clause 1 this Article;

b) Have classrooms, rooms for briefings and on-call rooms for learners and practical training instructors;

a) Have practical training instructors who meet the requirements specified in Clause 2 Article 8 hereof;

d) At the same time, each department or division has no more than 03 learners on 01 bed or 01 chair;

dd) The total duration of practical training provided by all practical training instructors at the practical training institutions is 20% - 80% of the total duration of the practical training program, except for cases specified in Point e this Clause;

e) Practical training institutions specified in Clause 2 Article 10 hereof shall ensure: The total duration of practical training provided by all practical training instructors at the practical training institutions is 50% - 80% of the total duration of the practical training program implemented at the practical training institution and may only be practical training institutions specified in Clause 2 Article 10 hereof of not more than 02 schools providing university or postgraduate education and 01 school providing college or intermediate education.

Article 10. Requirements applied to schools

1.Have programs, plans and contracts for practical training in accordance with Article 4, 5 and 6 hereof.

2.Schools with disciplines/majors in the field of healthcare service shall sign contracts or have 01 practical training institution that is also a health facility to run at least 50% of the duration of the practical training program and meet the following requirements:

a) The school is a hospital of grade I or a hospital authorized to carry out technical activities on the technical list of route I and above for postgraduate or university education in general medicine, traditional medicine and Odonto-Stomatology; be a hospital of grade II or a hospital authorized to carry out technical activities on the technical list of route II and above for university education in the field of healthcare service; be a hospital of grade III or a hospital authorized to carry out technical activities on the technical list of route III and above for college or intermediate education in the field of healthcare service;

b) At least 20% of practical training instructors of the school are full-time workers and working at the practical training institution and are assigned by the practical training institution to provide healthcare service in accordance with the law on healthcare service and the qualifications, experience and the scope of practice in the practice certificate.

Article 11. Declaration of fulfillment of requirements applied to practical training institutions in the field of healthcare service by health facilities

1.Health facilities shall declare and take responsibilities for the declaration on satisfying the requirements applied to practical training institutions in the field of healthcare service in accordance with the procedures specified in Clause 2 and 3 this Article.

2.Health facilities shall send written declaration on satisfying the requirements applied to practical training institutions to competent regulatory agencies in accordance with the following regulations:

a) Health facilities affiliated to the Ministry of Health or affiliated to central ministries shall send a written notice to the Ministry of Health, except for health facilities affiliated to the Ministry of National Defense and the Ministry of Public Security;

b) Health facilities affiliated to the Ministry of National Defense and the Ministry of Public Security shall send a written notice to the managing ministries for summing up and sending it to the Ministry of Health;

c) Health facilities affiliated to the Department of Health or private health facilities affiliated to central cities and provinces shall a send written notice to the Department of Health.

3.Within 15 working days counting based on the postal mark or incoming-mail stamp from the date of receipt of the written notice on satisfying the requirements applied to practical training institutions: competent regulatory agencies as specified in Clause 2 this Article shall update on their websites the list of practical training institutions that meet the requirements; in cases the practical training institution has not satisfied the requirements, the competent regulatory agency shall issue a written refusal on the declaration, send it to the health facility and provide explanation.

4.The written declaration of the health facility on satisfying the requirements applied to practical training institutions in the field of healthcare service shall comply with Form 02 in the Appendices enclosed hereof.

5.The practical training institution may only sign the contract for practical training after 15 working days from the day on which the competent regulatory agency specified in Clause 2 this Article receive the written notice on satisfying the requirements applied to practical training institutions of the health facility and the competent regulatory agency did not issue a written refusal.

Article 12. Cost of practical training

1.The cost of practical training at practical training institutions shall be included in the education service prices (tuition fees) in the field of healthcare service in association with the roadmap for adjustment of education service prices in accordance with the law on mechanism for exercising the autonomy of public service providers.

2.The cost of practical training shall be calculated on the basis of the proportion of the practicing duration in the training program.

3.The school and the practical training institution shall reach an agreement on the cost of practical training and the terms and conditions in the contract for practical training. If the school and the practical training institution do not sign a contract for practical training as specified in Clause 1 Article 6 hereof, the cost of practical training must be specified in the plan for practical training.

Chapter IV

RIGHTS AND RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS INVOLVED IN THE ORGANIZATION OF PRACTICAL TRAINING

Article 13. Rights and responsibilities of practical training institutions

1.Practical training institutions are entitled to:

a) Priority to take part in programs and investment plans in the field of healthcare service and healthcare personnel training;

b) Use the facilities and equipment of the school (if any) located at the practical training institution in professional activities;

c) Extra points when assessing the quality and ranking of health facilities according to the regulations of the Minister of Health;

d) Be recognized as a unit carrying out educational tasks of the school after signing the specified contract of practice training with the school.

2.Practical training institutions shall have the responsibility to:

a) Comply with the requirements applied to practical training institutions as specified hereof;

b) Cooperate with the school in ensuring the practical training quality according to the program for practical training;

c) Confirm the results of practical training of learners.

Article 14. Rights and responsibilities of practical training institutions that are also health facilities

1.Practical training institutions that are also health facilities are entitled to:

a) The rights specified in Point a and b Clause 1 Article 13 hereof;

b) Have the following rights when assessing the quality and ranking of health facilities:

Practical training instructors of the school who participate in providing practical training and are assigned to perform healthcare services at the practical training institution shall be considered as employees of the practical training institution;

The scientific research achievements of practical training instructors of the school conducted at the practical training institution shall be included in the scientific research achievements of the practical training institution;

The practical training institution shall get extra points during evaluation and ranking according to the regulations of the Minister of Health applicable to health facilities that are also practical training institutions specified in Clause 2 Article 10 hereof.

c) Decide remunerations and other benefits (if any) for practical training instructors of the school and learners directly engaged in professional activities according to internal spending regulations of the practical training institution.

2.Practical training institutions that are also health facilities have the following responsibilities:

a) The responsibilities specified in Clause 2 Article 13 hereof;

b) The responsibility to confirm the teaching process practiced at the practical training institution in order to confer the title of “People s Doctor” or “Doctor of Merit” and other forms of emulation and commendation for practical training instructors of the school that participate in the provision of practical training and provision of healthcare services at the practical training institution in accordance with the law on emulation and commendation.

Article 15. School’s rights and responsibilities

1.Schools are entitled to:

a) Decide remunerations and other benefits (if any) for practical training instructors of the practical training institution that participate in the establishment of educational program, compilation of educational materials and scientific research at the school as specified;

b) Include practical training instructors of the practical training institution in full-time lecturers in the following cases:

Public schools may include practical training instructors of public practical training institutions specified in Clause 2, Article 10 hereof in full-time lecturers who have been appointed as leaders or managers at the level of majors or higher at the school;

Non-public schools may include practical training instructors of non-public practical training institutions specified in Clause 2, Article 10 hereof in full-time lecturers who have been appointed as leaders or managers at the level of majors or higher at the school;

One person may only be concurrent and declared as a full-time lecturer at a school; this provision shall not apply to practical training institutions of the armed forces.

2.Schools have the responsibility to:

a) Confirm the teaching process practiced at the practical training institution in order to appoint the title of Professor or Associate Professor, confer the title of “People s Doctor” or “Doctor of Merit” and other forms of emulation and commendation for practical training instructors of the practical training institution in accordance with the law on education and the law on emulation and commendation;

b) Invite the representative of practical training instructors of the practical training institution to participate in the establishment of educational program, compilation of educational materials and scientific research at the school in accordance with the capacity and professional qualifications;

c) Facilitate practical training instructors to take refresher courses on clinical teaching-learning method in accordance with the practical training program for practical training instructors;

d) Confirm and carry out procedures for recognition of the practical instructors of the practical training institution as full-time lecturers (or teachers) or visiting lecturers of the school when fully satisfying the conditions prescribed by the law on education.

Article 16. Rights and responsibilities of practical training instructors

1.Practical training instructors are entitled to:

a) Be invited by the school to participate in the establishment of educational program, compilation of educational materials and scientific research at the school in accordance with the capacity and professional qualifications;

b) Be recognized as full-time lecturers (or teachers) or visiting lecturers of the school when fully satisfying the conditions prescribed by the law on education;

c) Practical training instructors of public practical training institutions specified in Clause 2, Article 10 hereof satisfying the requirements may concurrently hold important positions of departments and majors of public schools according to the effective law on appointment, deployment and management of state officials, state employees and enjoy the benefits of full-time lecturers of schools in the appointment of the title and conferment of title to teachers according to the provisions of law, except for practical training institutions of the armed forces;

d) Practical training instructors of non-public practical training institutions specified in Clause 2, Article 10 hereof satisfying the requirements may concurrently hold important positions of departments and majors of non-public schools according to the effective law and enjoy the benefits of full-time lecturers of schools in the appointment of the title and conferment of title to teachers according to the provisions of law;

dd) Be counted the teaching process in order to be considered to be appointed the title of Professor or Associate Professor, be conferred the title of “People s Doctor” or “Doctor of Merit” and other forms of emulation and commendation in accordance with the law on education and the law on emulation and commendation;

e) Receive remunerations and other benefits (if any) when participating in the practical teaching, establishment of educational program, compilation of teaching and guiding materials and scientific research at the school in accordance with the internal spending regulations of the school;

2.Practical training instructors of the school are entitled to:

a) Practical training instructors of public schools satisfying the requirements may concurrently hold important positions of professional departments at public practical training institutions specified in Clause 2 Article 10 hereof according to the effective law on appointment, deployment and management of state officials and state employees, except for practical training institutions of the armed forces;

b) Practical training instructors of non-public schools satisfying the requirements may concurrently hold important positions of professional departments at non-public practical training institutions specified in Clause 2 Article 10 hereof according to the effective law on appointment, deployment and management of state officials and state employees, except for practical training institutions of the armed forces;

c) Be assigned by the practical training institution to participate in the provision of healthcare services at the practical training institution when satisfying the requirements and the practical training institution is in demand, receive remunerations and other benefits (if any) according to internal spending regulations of the practical training institution;

d) Be conferred the title of “People s Doctor” or “Doctor of Merit” and other forms of emulation and commendation in accordance with the law on emulation and commendation.

3.Practical training instructors shall comply with the professional regulations of the practical training institution and educational regulations of the school.

Article 17. Rights and responsibilities of learners

1.Learners are entitled to participate in professional activities in accordance with the capacity, qualification and expertise of the learner and the needs of the practical training institution under the supervision and instruction of the practical training instructor; receive remunerations corresponding to the level of participation according to the internal spending regulations in cases they are assigned by the practical training institution to participate in appropriate professional activities.

2.Learners have the responsibility to comply with the professional regulations of the practical training institution, the school and the guidance of the practical training instructor.

Chapter V

IMPLEMENTATIONPROVISIONS

Article 18. Implementationorganization

1.The Ministry of Health shall:

a) Take charge and cooperate with the Ministry of Education and Training and the Ministry of Labor, War Invalids and Social Affairs in inspecting and reviewing the compliance with the regulations of the organization of practical training applicable to practical training institutions specified hereof;

b) Other tasks as specified in Clause 3 this Article;

2.The Ministry of Education and Training and the Ministry of Labor, War Invalids and Social Affairs shall:

a) Take charge and cooperate with the Ministry of Health in inspecting and reviewing the compliance with the regulations of the organization of practical training applicable to practical training institutions specified hereof;

b) Take charge and cooperate with the Ministry of Finance in suggesting roadmaps for adjustment of tuition fees including the cost of practical training in the field of healthcare service in accordance with this Decree;

c) Other tasks as specified in Clause 3 this Article;

3.Ministries, ministerial agencies People’s Committees of central-affiliated cities and provinces shall:

a) Allocate resources and invest facilities to schools and practical training institutions in the field of healthcare service within their competence;

a) Organize the implementation, testing and inspection in the field of healthcare service in accordance with this Decree and within their competence.

Article 19. Transitionalprovisions

1.Practical training institutions providing practical training before the effective date of this Decree shall fulfill the requirements specified hereof before January 01, 2019, except for the case specified in Clause 2 this Article.

2.Practical training instructors who have not taken refresher courses on clinical teaching-learning method as specified in Point d Clause 2 Article 8 hereof shall take one before January 01, 2020.

Article 20. Effect

This Decree takes effect on November 20, 2017.

Article 21. Implementation responsibilities

Ministers, heads of ministerial authorities, heads of governmental authorities, Chairpersons of People’s Committee of central-affiliated cities and provinces shall implement this Decree./.

For the Government

The Prime Minister

Nguyen Xuan Phuc