Thông tư liên tịch 51/2015/TTLT-BYT-BNV của Bộ Y tế, Bộ Nội vụ về việc hướng dẫn chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Sở Y tế thuộc Ủy ban nhân dân tỉnh, thành phố trực thuộc Trung ương và Phòng Y tế thuộc Ủy ban nhân dân huyện, quận, thị xã, thành phố thuộc tỉnh

JOINT CIRCULAR

Guiding the functions, tasks, powers and organizational structure of health departments under People’s Committees of provinces and centrally run cities and health divisions under People’s Committees of districts, towns and provincial cities

Pursuant to the Government’s Decree No. 36/2012/ND-CP dated April 18, 2012, defining the functions, tasks and organizational structures of ministries and ministerial-level agencies;

Pursuant to the Government’s Decree No. 63/2012/ND-CP dated August 31, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Health;

Pursuant to the Government’s Decree No. 58/2014/ND-CP dated June 16, 2014 defining functions, tasks, powers and organizational structure of Ministry of Home Affairs;

Pursuant to the Government’s Decree No. 24/2014/ND-CP dated April 18, 2012, providing the organization of specialized agencies under People’s Committees of provinces or centrally run cities;

Pursuant to the Government’s Decree No. 37/2014/ND-CP dated May 05, 2014, Providing the organization of specialized agencies under People’s Committees of districts, towns or provincial cities;

Pursuant to the Government Office’s Document No. 378/TB-VPCP dated November 18, 2015, notifying the Prime Minister’s conclusion at the Government’s regular meeting on management of public health non- business units in localities;

The Minister of Health and Minister of Home Affairs hereby promulgate the Joint Circular Guiding the functions, tasks, powers and organizational structure of health departments under People’s Committees of provinces and centrally run cities (hereinafter referred to as the provincial-level People’s Committee) and health divisions under People’s Committees of districts, towns and provincial cities (hereinafter referred to as the district-level People’s Committee).

Chapter I

HEALTH DEPARTMENTS

Article 1. Positions and functions

1. Health department is a specialized agency affiliated to the provincial-level People’s Committee, which has the functions to assist the provincial-level People's Committee in performing state management in terms health, including preventive medicine; medical examination and treatment; rehabilitation; medical assessment, forensic examination and mental forensic examination; traditional medicine; medical equipment; pharmaceutical products; cosmetics; food safety; health insurance; population and family planning; reproductive health and other medical works in the province in accordance with law provisions.

2. The Health department has a legal status, separate seal and account, and is under the direction and management of the provincial-level People’s Committee in terms of organizational structure, payroll and operations, and concurrently is under the direction and guidance and subject to specialized inspection of the Ministry of Health.

Article 2. Tasks and powers

1. To submit the provincial-level People’s Committee:

a) Draft decisions, directives; long-term, 5-year or annual plannings and plans; programs, schemes, projects and solutions for organizing and implementing administrative reform tasks and other documents which are promulgated by the provincial-level People's Council and People’s Committee in health sector;

b) Draft documents specifying functions, tasks, powers and organizational structure of the Health department;

c) Draft documents stipulating conditions, standards and titles of heads and deputy heads of agencies and units affiliated to Health departments; heads and deputy heads of health divisions of district-level People’s Committee.

2. To submit the Chairperson of the provincial-level People’s Committee:

a) Draft decisions, draft special directive and other documents in health sector in the locality that are promulgated by the provincial-level People’s Committee;

b) Draft decisions on establishment, merger, division, separation and dissolution of agencies and units affiliated to Health department in accordance with law provisions;

c) Draft documents on relationship between Health department and other departments, branches, sectors and agencies of province and district-level People's Committee regarding local medical works; between health divisions and units and organizations related to medical works 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 medical works.

3. To consult and organize the formulation of legal documents; review, systematize, inspect and address legal documents, disseminate laws, supervise the implementation of laws, inspect the implementation of laws, plannings, plans, programs and schemes on medical works under the management of the local Health department in accordance with law provisions.

4. To certify advertising contents for special products, goods and services under the state management of the Health department in accordance with law provisions.

5. With regard to healthcare communication and education:

a) To organize healthcare communication and education;

b) To act as the focal point to provide local healthcare information for press agencies and the people.

6. With regard to preventive medicine:

a) To direct, guide and assess the implementation of professional regulations, national technical regulations in prevention and control of infectious diseases; HIV/AIDS; prevention and treatment for opioid addiction; non-communicable diseases; occupational diseases, accidents and injuries; environmental health, school healthcare, occupational sanitation and health; community nutrition; border medical quarantine; insecticidal and germicidal chemicals and preparations for households and medical use in the province;

b) To direct and organize the supervision of infectious diseases, non-communicable diseases, mysterious diseases; early detect infectious diseases causing epidemics; declare outbreak in accordance with law provisions; consult the provincial People’s Committee the declaration of outbreak and successful outbreak control in accordance with law provisions;

c) To direct and organize vaccination and use of medical biologicals for eligible entities in accordance with law provisions; organize the receipt of dossiers, grant of certificates of eligibility to give vaccination in the province in accordance with law provisions;

d) To grant, re-grant and revoke certificates of biosafety of laboratories in accordance with law provisions;

dd) To act as the focal point in charge of prevention and control of tobacco harms, liquor and beer abuse harms in the province;

e) To act as a standing body of the Steering Committee for disease and HIV/AIDS prevention and control in the province.

7. With regard to medical examination and treatment, and rehabilitation:

a) To direct, guide and supervise the implementation of legal documents, professional regulations and national technical regulations applied to medical examination and treatment establishments, and rehabilitation centers, medical assessment, forensic examination, and mental forensic examination centers according to the management and technical level;

b) To grant, re-grant, suspend and revoke medical practice certificates, and grant, re-grant, adjust, suspend and revoke operating licenses of medical examination and treatment establishments and centers for treatment of addiction to opium-related substances with substitute substances in accordance with law provisions;

c) To allow medical examination and treatment establishments to apply new techniques and methods in accordance with law provisions.

8. With regard to traditional medicine:

a) To organize the inheritance and promotion of traditional medicine and combination of traditional medicine and modern medicine in medical examination and treatment, rehabilitation, training, scientific research and production of traditional medicines;

b) To direct, guide and supervise the implementation of legal documents, professional regulations and national technical regulations applied to medical examination and treatment establishments and rehabilitation centers using traditional medicine in the province according to decentralization;

c) To grant, re-grant, suspend and revoke traditional medicine practice certificates, and grant, re-grant, adjust, suspend and revoke operating licenses of traditional medicine establishments in accordance with law provisions.

9. With regard to pharmaceutical products and cosmetics:

a) To provide guidance on deploying and monitoring of pharmaceutical product and cosmetic quality in the locality. To direct and supervise the recall of pharmaceutical products as prescribed;

b) To 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 publication number in accordance with law provisions;

c) To manage selling prices of drugs and drug bidding in accordance with law provisions;

d) To direct and guide the hospital pharmacy and other tasks within the competence.

10. With regard to food safety:

a) To assume the prime responsibility for formulating and proposing the competent authorities to promulgate local technical regulations on food safety of local special food products in accordance with law provisions;

b) To monitor product quality and facilities manufacturing and trading food additives, food processing aids, containers and packaging, bottled water, natural mineral water, functional foods, micronutrients and other foods in the province as assigned by the Ministry of Health;

c) To organize the receipt of declarations of conformity or certificates of declaration of conformity with the food safety regulations; grant certificates of food safety and certificates of completion of food safety training programs to food and drink businesses and facilities manufacturing and trading food products in accordance with law provisions;

d) To manage food safety in the province; manage the fulfillment of food safety requirements by micro food producers and sellers, street vendors, food and drink businesses and markets;

dd) To act as a standing body of the Inter-agency Steering Committee for food safety in the province.

11. With regard to medical equipment and constructions:

To guide and assess the implementation of laws on medical equipment and constructions.

12. With regard to population and family planning and reproductive health:

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

b) To 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;

c) To decide on permitting the adoption of sex reassignment procedures and assisted reproductive technologies in accordance with laws;

d) To act as a standing body of the Steering Committee for population and family planning in the province.

13. With regard to health insurance:

To advise, direct and guide the implementation of policies and laws on health insurance.

14. With regard to health staff training:

a) To organize the implementation of plans for health staff training and fostering, policies on medical human resources development in the province;

b) Manage health staff training institutions as assigned by the provincial-level People’s Committee.

15. To assist the provincial-level People’s Committee in performing state management of enterprises, collective and private economic organizations; guide and inspect operations of associations and non-governmental organizations engaged in medical works in the province in accordance with law provisions.

16. To implement the administrative reform program in health sector according to the objectives of the administrative reform program of the provincial-level People’s Committee.

17. To promote international cooperation in health sector as assigned or authorized by the provincial-level People’s Committee.

18. To take responsibility for providing professional instructions for the fields under the management of the Health department for health divisions under People’s Committees of districts, towns and provincial cities.

19. To organize researches, apply scientific and technological advances and technologies; establish an information and archiving system to serve the state management and professional operations in the health sector.

20. To inspect, examine, handle violations and settle complaints and denunciations, prevent and fight against corruption, practice thrift and fight against wastefulness in the health sector as prescribed by law and as assigned or authorized by the provincial-level People’s Committee.

21. To specify functions, tasks and powers of organizations affiliated to the Department in conformity with functions, tasks and powers of the Health department; specify functions, tasks, rights, powers, organizational structure and professional relationship of agencies and public non-business units affiliated to the Department according to the general guidance of the Ministry of Health, the Ministry of Home Affairs and relevant ministries and regulations of the provincial-level People’s Committee.

22. To manage organizational structure, payroll, ranks of cadres, job positions and ranks of public employees by professional titles, and number of employees in public non-business units affiliated to the Department; implement salary regimes and policies on preferential treatment, training, commendation and reward, and disciplinary for cadres, public employees and employees under the management of the Department as prescribed by law and as assigned or authorized by the provincial-level People’s Committee.

23. To guide and inspect the exercise of autonomy by public non-business units in accordance with law provisions.

24. To manage and take responsibility for finance and assets allocated in accordance with law provisions and as assigned or authorized by the provincial-level People’s Committee.

25. To provide information and submit periodic or irregular reports on performance of assigned tasks to the provincial-level People’s Committee and Ministry of Health.

26. To perform other tasks as assigned by the provincial-level People’s Committee and Chairperson of the provincial-level People’s Committee in accordance with law provisions.

Article 3. Organizational structure and payroll

1. Heads of the Health department:

a) The Health department may organize one Director and no more than 03 Deputy Directors;

b) The Director of the Health department shall take responsibility to the provincial-level People’s Committee, Chairperson of the provincial-level People’s Committee and law for performing functions, tasks and state management in health sector in the province; take responsibility for reporting to the provincial-level People’s Committee, Chairperson of the provincial-level People’s Committee and Minister of Health; reporting to the provincial-level People’s Council, responding to propositions of voters and questions of delegates of the provincial-level People’s Council;

c) The Deputy Directors of the Health department shall assist the Director of the Health department in directing some tasks and take responsibility before the Director and law for the fulfillment of their assigned tasks. In the Director's absence, a Deputy Director authorized by the Director shall manage the operations of the Department;

d) The appointment of Director and Deputy Directors of the Health department shall be decided by the Chairperson of the provincial-level People’s Committee according to the standard in titles promulgated by the Ministry of Health and regulations of law. The Director and Deputy Directors shall not concurrently hold the title of the head of an inferior unit that has a legal status (unless otherwise prescribed by a superior authority);

dd) The dismissal, reassignment, reward, discipline, permission for resignation, retirement and implementation of policies and regimes for the Director and Deputy Directors of a Health Department shall be decided by the Chairperson of the provincial-level People’s Committee in accordance with law provisions.

e) The Director of the Health Department shall decide to or request a competent agency to decide to appoint or dismiss the heads or deputy heads of organizations and units affiliated to the Department as decentralized by the provincial-level People’s Committee, according to the standard in titles promulgated by the provincial-level People’s Committee.

2. Assisting organizations affiliated to the Health department:

a) Office;

b) Inspection Division;

c) Personnel and Organization Division;

d) Medicine Division;

dd) Pharmacy Division;

e) Planning - Finance Department.

The Director of the Health department shall, based on characteristics and management requirements of each locality, assume the prime responsibility for, and cooperate with the Director of the Department of Home Affairs in, requesting the Chairperson of the provincial-level People’s Committee to decide on establishing the Division for Private Medical and Pharmaceutical Practice Management or an organization bearing another name to ensure all fields under the management are covered.  The number of divisions affiliated to the Health department shall not exceed 7.

3. Agencies affiliated to the Health department:

a) Population and Family Planning Sub-department;

b) Sub-department of Food Hygiene and Safety.

The above-mentioned agencies have a legal status, separate seal and account. Each sub-department may organize 3 divisions maximum.

4. Public non-business units affiliated to the Health department:

Depending on the local current situation, the Director of the Health department shall assume the prime responsibility for, and cooperate with the Director of Home Affairs in, proposing the provincial-level People’s Committee to establish public non-business units affiliated to the Department according to the planning approved by the competent authority and law provisions;

a) Preventive and specialized medicine: To 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 provincial General Hospital or establish a specialized hospital if sufficient sources are provided;

b) Medical examination and treatment and rehabilitation: To establish provincial General Hospitals, regional General Hospitals, Traditional Medicine Hospitals of provinces and specialized hospitals of provinces suitable to local demand and conditions. Establish a district-level General Hospital 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) Quality control: To establish Drug, Cosmetic and Food Quality Control Centers;

d) Forensic examination: To establish forensic examination centers;

dd) Medical examination: To establish medical examination centers;

e) Training: To establish medical colleges or medical intermediate schools;

g) District-level health centers: Are uniformly organized in districts and licensed to provide medical works related to preventive medicine, medical examination and treatment and rehabilitation; regional clinics, regional maternity houses (if any) and commune-level health centers in a district are affiliated to the district-level health center.

5. Payroll:

a) Payroll of public non-business units affiliated to the Health department 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 non-business units of provinces and centrally run cities that is assigned or approved by the competent authority.

b) Based on the functions, tasks, organizational structure and list of jobs, ranks of officials and public employees by professional titles approved by a competent authority, on an annual basis, the Health department shall assume the prime responsibility and cooperate with the Department of Home Affairs in, preparing a plan for making payroll of public non-business units, number of employees in public non-business units and submitting it to the provincial-level People’s Committee, which will submit it to a competent authority for consideration and decision in accordance with law provisions.

Chapter II

HEALTH DIVISIONS

Article 4. Positions and functions

1. Health division is a specialized agency affiliated to the district-level People’s Committee, and assists the district-level People's Committee in performing state management of health, including preventive medicine; medical examination and treatment, rehabilitation; traditional medicine; reproductive health; medical equipment; pharmaceutical products; cosmetics; food safety; health insurance; population and family planning in the district.

2. Each health division is directed and managed by the district-level People's Committee regarding organizational structure, payroll and operations and concurrently is under the direction and guidance and subject to specialized inspection of the Health department.

Article 5. Tasks and powers

1. To request the district-level People’s Committee to promulgate decisions and directives; long-term, 5-year or annual plannings and plans and other documents; programs and solutions for organizing administrative reform tasks concerning medical sector under the management of the district-level People’s Council and People’s Committee.

2. To organize the implementation of legal documents, plannings and plans approved by the competent authority; disseminate information and laws; supervise law enforcement within its jurisdiction.

3. To assist the district-level People’s Committee in and take responsibility for appraising, applying for and issuing medical sector-related licenses and certificates within its power in accordance with law provisions and as assigned by the district-level People's Committee.

4. To assist the provincial-level People’s Committee in performing state management of enterprises, collective and private business entities; provide guidelines and inspect operations of associations and non-governmental organizations involved in medical works within the district in accordance with law provisions.

5. To provide professional guidelines for the fields under its management for officials of communes.

6. To organize the application of scientific and technological advances; establish an information and archiving system to serve state management and professional operations related to the assigned fields.

7. To provide information and submit periodic and irregular reports on performance of assigned tasks to the district-level People’s Committee and Health department.

8. To inspect the implementation of laws by organizations and individuals upon their performance of assigned tasks; settle complaints and denunciations; prevent and fight against corruption, practice thrift and fight against wastefulness in accordance with law provisions and as assigned by the district-level People's Committee.

9. To manage organizational structure, job positions, payroll and ranks of officials; implement salary regimes and policies on preferential treatment, commendation and reward, and impose disciplinary penalties against officials under its management in accordance with law provisions and as assigned by the district-level People’s Committee.

10. To manage and take responsibility for finance and allocated assets in accordance with law provisions soft and as assigned by the district-level People’s Committee.

11. To perform other tasks as assigned by the district-level People’s Committee and in accordance with law provisions.

Article 6. Organizational structure and payroll

1. Organizational structure

a) A health division may have a head and no more than 02 deputy heads and officials;

b) The head is responsible to the district-level People’s Committee and Chairperson of the district-level People’s Committee and law for operations of the health division;

c) The deputy heads shall assist the head in directing performance of some tasks and take responsibility to the head and law for the fulfillment of their tasks. In the head’s absence, a deputy head authorized by the head shall manage the operations of the authority;

d) The Chairperson of the district-level People’s Committee shall decide to dismiss, reassign, reward, impose disciplinary penalties against, give permission for resignation and provide benefits to the head and deputy heads.

2. Payroll

a) Payroll of a health division is assigned on the basis of job positions according to its functions, tasks and scope of operation and included in the payroll of authorities of the district-level People’s Committee that is assigned by the competent authority;

b) Based on the functions, tasks, list of jobs and ranks of officials approved by a competent authority, the health division shall prepare an annual plan for making payroll in accordance with law provisions.

Chapter III

IMPLEMENTATION ORGANIZATION

Article 7. Effect

1. This Joint Circular takes effect on January 25, 2016.

2. The Joint Circular No. 03/2008/TTLT-BYT-BNV dated April 25, 2008 of the Ministry of Health and the Ministry of Home Affairs shall cease to be effective from the effective date of this Joint Circular.

3. Functions, tasks and organizational structure of local population and family planning authorities remain unchanged until the competent agency promulgates a replacing document.

Article 8. Implementation responsibility

Provincial-level People’s Committees shall organize the implementation of this Joint Circular and define tasks, powers and organizational structure of Health departments; instruct district-level People’s Committees to specify tasks, powers and organizational structure of health divisions;

Any difficulties arising in the course of implementation of this Joint Circular should be promptly reported to the Ministry of Health and the Ministry of Home Affairs for consideration and settlement./.