Warning: You Are Viewing Act, The Parliamentary General Assembly Has Already Adopted. If It Does Not Include The Changes Made Later. By Ministry Of Health Public-Private Cooperation Model With Plants Births Be, Renewal And Services Receipt And Some

Original Language Title: Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. SAĞLIK BAKANLIĞINCA KAMU ÖZEL İŞ BİRLİĞİ MODELİ İLE TESİS YAPTIRILMASI, YENİLENMESİ VE HİZMET ALINMASI İLE BAZI

Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k6428.html

Law No. 6428

Acceptance Date: 02/21/2013



Purpose, scope and definitions
Article 1 (1) The purpose of this Act; According to the provisions of private law and contracts in the framework of public-private cooperation models; The Ministry of Health and related organizations preliminary design of the needed facilities be made within the framework of basic standards for the pre-feasibility report and will be determined, the Treasury except fixed investment period specified in the contract on the immovable property in private ownership to the upper right of access independent and permanent in nature, not to exceed thirty years to be built by, the renewal of existing facilities and counseling will be provided for this project is to identify research and development services with advanced technology or procedures and principles regarding awarded to some of the services that require high financial resources.
(2) the implementation of this Act;
A) Phase complete: each stage of works, tender documents and contract in accordance with the acceptance and approval of the administration of completion,
b) Ministry: Ministry of Health,
c) Cost: the Contractor of his property under the contract presenting certain services in the use of plants the sum of the consideration paid to the contractor in return
d) Other contracts: the contractor in connection with a contract with a third party between signed and that do not contain contractual provisions contrary to agreements,
d) Temporary investments amounted to: in the contract the Contractor allocation will be allocated for construction in the period to be determined jobs
e) service fee: the is a component of Cost of plant and care for the maintenance ready to use the equipment, repairs, and according to the legislation relating to the cost of services related to the provision of services that can be awarded to by hiring the services paid to the contractor by the contracting authority in return and updated cost with periodic market testing to exceed five years,
f) Administration Ministry and its affiliates central organization belonging to the provincial organization with the relevant departments of the health institutions and organizations,
g) the tender document: subject of the tender of administrative specifications , technical specifications, draft contract and other necessary information and documents,
i) Discretionary commercial service areas: Mandatory commercial service provided by other administrations of tender documents and will be held on campus, according to the principles established by all the services area,
h) Bidder: the Administration real or legal persons tenderer caused or joint venture formed by them,
i) operating period management plan: showing the contractor that services exacted what form presented, the plan including operating and management organization model,
i) the final project according to the resort's management as provided by the preliminary design, adhering the documentation for the tender documents and the basic standards of the land and made ground surveys, structural elements dimensioned, the specified specifications and construction systems and supplies and prepared by the subsequent contractor signing the contract and the administration approved the project
j) Operating cost: Cost of use of the money is paid to the contractor by a factor of facility management periodically and specified in the contract price,
k) compulsory commercial service areas: Administration and a fee determined by the fair market price by the contractor, they meet the needs of the beneficiaries in the campus and services, the tender documents designated service areas,
l) Joint venture: multiple real or private law to participate in the tender legal entities of the business partnership formed by agreement between,
m) Pre-feasibility report: this Law shall be realized within the framework of the project's technical, financial, economic, environmental, social and legal aspects of analyzing the feasibility, anticipated usage fee, service fee and guarantees also include the risk analysis and sharing, including investment and traditional procurement methods instead of public-private cooperation model to reveal the reason for the implementation of comparative economic and financial analysis report
n) Pre-project: the ground and land surveys according to the facility needs programs making information taken from the base map, the plan was prepared based on an environmental impact assessment, if any, sections and containing one or more solutions noted the appearance and facilities of the concept and basic design elements of the project is to identify the needs list and other service areas,

O) special purpose entity: Tender result of which the parties to the contract to be signed with the administration, which limited the scope of the contract and on established by the contractor left auctions corporation,
d) Contract: special-purpose company to handle the construction works; renovation of this Act within the framework of needed research, development, consulting services or high-tech or high financial resources require some services awarded to the to the agreement made in accordance with private law between the administration and the contractor and its attachments,
p) Basic standard: Facility and design of mandatory commercial service area construction, the Ministry set standards for services to be performed by the contractor with care,
r) Plant: made by the contractor according to the provisions of the Convention and of the Ministry and its affiliates to fulfill business and operations related to the duties and powers defined by law to be used buildings and structures,
s) commercial service areas: Mandatory commercial service areas with voluntary commercial service areas,
v) Total fixed assets investment: the construction or renovation work to be carried out according to the provisions of the contract by the Contractor advanced technology or high financial resources required medical equipment in regard to the total investment amount stated in the contract,
t) Application project: prepared by the contractor in relation to the facility and business services area, the project has been approved by showing all the detail of the structure according to the final design and administration,
u) top right of contract: the Treasures of the facility and business services area to built on the immovable property in private ownership, in favor of the contractor on this real estate free of charge not to exceed three years, except fixed investment period specified in the contract, independent and permanent in nature will be held to the right of construction contract and its annexes ,
ii) renovation or construction work: be prescribed by the Ministry in case emerged renewal necessity of existing plant project and determined to be essential within the framework of renewal of the High Planning Council made the decision include the works of the contract according to the provisions made and the material contained within the said plant, equipment and if the tender document specified medical equipment, including the supply of works of all equipment undertaken by the contractor,
v) Campus: facilities built under the contract and commercial services in the whole of the
y) Contractor: on who is awarded the contract signed eager and the special purpose company refers
.
Construction, renovation and outsourcing jobs
Article 2 (1) The Ministry and its affiliates; pre-projects, pre-feasibility report, in the framework of the tender documents and contract terms with the basic standards, the Ministry of Finance contractor in favor of the transfer as specified in the upper right to contract independently and in constant qualification to be established on the immovable property in terms with Treasury's private property, you can make a property for a price to be determined in the contract. The other documents related to the signature of the Minister of Health and the project pre-feasibility report for the construction works are submitted to the Supreme Planning Board for approval. The procurement of works, carried out by the High Planning Council after obtaining the authorization decision.
(2) The Ministry and its affiliates, predictable project and the renovation of installations in use in accordance with the principles determined work, the provision of certain services in the facility and / or the operation of commercial service areas and / or get in return for payment of a fee.
(3) research works to be performed under this law, development, project and consultancy services can be supplied with the tender procedures stipulated in this Law.
(4) the contracting officer in the tender will be made in accordance with this Law, the Ministry and its affiliates in the central administration of the relevant departments, the Ministry of the jobs in the decision to be made by the provincial units with the approval of the top administrator of the relevant provincial departments. Execution of the contract during the operation of the plant and spending powers authority with the responsibility belongs to the heads of relevant provincial departments. Revolving funds to help within the limits set by the Ministry authorizing the expenditures to be made under this Act or delegated to the nearest lower-level managers. Tender
principles, rules and procedures

Article 3 (1) Contracts on transparency, competition, equal treatment, reliability, confidentiality, public control, efficient use of resources, it is essential to provide the appropriate conditions and to meet the needs of the time.
(2) The Ministry and its affiliates for each of the projects, pre-projects and work to be used in the tender process, pre-feasibility, feasibility report prepared tender documents with basic standards document or prepare.
(3) In case of more than one facility construction or renovation work needed to be seen it can be made with a single tender.
(4) in the tender, the proposal with the highest benefit at the least cost basis according to the nature of the work, is considered the most economically advantageous tender.
(5) an open tender procedure in the renovation or construction of facilities works under this Act, one of the applicable tendering procedure or negotiation between certain bidders.
(6) Open procedure is all the Bidders may submit tenders. Open tender procedure, the tender is concluded by determining the capacity to tender the subject matter of the bidders and the administration as determined by the financial and technical competence to examine whether the criteria and meets the conditions specified in the tender documents and are willing identified as being eligible offers assessments excluded.
(7) certain bidders in the tender procedure, the tender procedure is prequalification of bidders can submit their results to be invited in. This procurement is done according to the following principles:
a) pre-qualification evaluation, based on the nature of the work and to prevent competition with prequalification document are made according to the criteria specified in the pre-qualification evaluation declared.
B) off the tenderers accepted the prequalification project and quotations are taken.
C) the presence of the bidders bid on a date specified by the Administration in order to be opened and closed session evaluation of the proposed project and price. the proposed project priorities quantitatively examine the suitability of the preliminary design. This examination of the projects that are not eligible bidders will be excluded from evaluation; It ranked evaluating conveniently located in terms of technical quality and price.
D) According to this order the principles developed project proposals with a specified number of bidders in the tender documents the project is determined. Get a quote for specified projects off the tenderers. Predetermined day before the offer opens and auction bidders made clear in the immediate aftermath.
D) the feasibility of the administration in accordance with the bidder who submitted the lowest bid in the open auction results passed to final negotiation stage. If no suitable bidder in the final negotiation results a decision on the tender bidders. The first tenderer is not found by the administration of appropriate economically the second most advantageous bidder willing to continue to be the ultimate bargain. The second bidder final price is lower than the first bidder price, first bidder in case the first willing to accept this price, otherwise, in the second keen on given the award decision. The administration is free to cancel the tender according to the tenth paragraph after haggling.
(8) awarded by negotiated procedure can be done in the following case:
a) the emergence bid in the tender held in open or certain bidders
b) natural disasters, epidemics, such as life or property loss risk of sudden and unexpected the tender due to the occurrence of events that required the urgent as making
c) the subject of the tender is unable to determine the technical and financial features due to the specific and complex characteristics
d) towards jobs
d completion of the contractor under this Act shall be made account nam) Projected costs and dated 4/1/2002 4734 Public Procurement Law Article 21 of the first paragraph (f) of the determined threshold value of work up to six times
(9) in the eighth paragraph (a), (b) and (d) me to according to the work to be done ad is not mandatory. In the work to be done must be made according to other it announced at least one week in advance. In cases where the ads will be called at least three bidders.
(10) Whether the administration of auction results is free to cancel the tender does not find appropriate to the feasibility of the proposed price. Due to the cancellation of the tender is not born of any responsibility for the administration against bidders.

(11) open tender procedure or certain bidders under this Act between the tender held by tendering, pre-qualification and bidding to determine the final date of application for at least thirty days in advance, including the Official Gazette and published in Turkey wide-circulation two in cases where overseas newspapers and requirements of the job will be announced at least one time it was declared in a newspaper.
(12) of this Act within the framework of conducted auctions in total fixed investment amount or bid price of at least three percent of the Advance guarantee three percent performance bond percent during the business after completion of the fixed investment deposit is required at the rate of one and a half percent.
(13) on a temporary guarantee of the contractor to sign the contract within the time limit in cases where the tender held recorded as revenue to the Treasury.
(14) of this Act by the contracting officer, the tender will be held, including the president, two tender subject matter of the expert, someone will appoint the accounting and financial affairs expert with the condition of the administration at least five and tender commission composed of an odd number of people from the staff. The Administration also appointed inspection and acceptance committees composed of at least three people. Commission of a regulation on working procedures and principles.
(15) that can not participate in the tender according to Law No. 4734, also participate in tenders under this Act.
(16) of at least twenty percent of medical equipment located in fixed investment in the work to be performed under this law must be domestic production. domestic production rate of the product to be used, nativism and conditions shall be specified in the tender documents.
(17) in the tender under this Act, which later in the case of a lack of the required documents from bidders specified in the regulation can be completed.

Convention Article 4 (1) Contract private law subject to time, depending on the characteristics and feasibility of the plant except for fixed investment period specified in the contract is determined by the administration not to exceed thirty years.
(2) the project of the construction works of the plant and commercial service areas and the financing of the provision, the construction, the maintenance and repair, with the fulfillment of the service released to the contractor for the operation of commercial services, the contract period at the end of the campus all debt and free from commitments, groomed runs and the contractor is responsible for the transfer available to the Ministry. The contractor is responsible for any damages caused to third parties during the contract. In the event that the authorities fulfill their obligations stipulated in the contract the Contractor and given compensation for the damage suffered in the contract provisions for punitive conditions.
(3) Administration of the contract in the interest rate to be applied in case of delay in paying the contractor for delays and cost specified in the contract given to the provisions relating to the conditions.
(4) Administration will check the activities covered by the agreement of the contractor or audited at any stage. Ministry regarding the management of the contractor's performance audit work and can establish a control and management system.
(5) Contractor, rights and obligations of all contractual, with the same conditions and qualifications set forth in this Act may be transferred to another natural or legal person of private law with the approval of the administration. Convention so that the transfer of contracts in case the transferee shall be deemed to have been transferred to other natural or legal persons of private law.
(6) after the construction contract was signed in case of failure to fulfill its obligations under the contract the contractor a fixed investment period, except for immediate termination of the case specified in the contract, the administration of the notary through your strike written will do with the circumstance appropriate time given the nature of the work to make the necessary contractor clearly outlined. In addition, the circumstance, the project financing sources that are reported in the financial provider. Given that the time delay resulting from such contract penalty clauses will not affect the length of the block implementation. In case of failure to fulfill commitments at the end of the period specified in a strike, finance providers in the shareholding structure of the agreement of the contracting entity can get the job done by going to change. the contract is terminated by the administration in the event of failure to provide it.

(7) In case of failure to fulfill its obligations under the contract the company during the period of the contractor in the construction contract, except unsustainable still coming availability of health services, administration notary through your strike written will do with the circumstance appropriate time given the nature of the work to make the necessary contractor clearly outlined. In addition, the circumstance, the project financing sources that are reported in the financial provider. Given that the time delay resulting from such contract penalty clauses will not affect the length of the block implementation. The contractor within the given time, business in the event of failure to comply with instructions in the written notice, on behalf of the contractor on account of the bargaining, built by the administration fee will be deducted from the contractor to be paid. if they become unsustainable health services are notified by the quickest means business circumstance contractor, the contractor is done by the administration of the registered account. What about the case where the unsustainability of health services and notification procedures determined by regulation. performance scores remain below the specified contract period, the contractor operating agreement is terminated by the administration in the case. In this case, the right to a change in the shareholding structure of the agreement with the contractor and provider of financial management is reserved.
(8) Renovation, research and development, in the case of failure to fulfill its obligations under the contract the contractor consulting and outsourcing contracts, except for unsustainable still coming availability of health services, the administration's job to make the necessary contractor stating clearly written your strike to the circumstance that made by Notary Public appropriate given the nature of time. Given that the time delay resulting from such contract penalty clauses will not affect the length of the block implementation. The contractor within the given time, the contract will be terminated in the event of failure to comply with instructions in the written warning. In case of failure to fulfill commitments due to unsustainable still to come in the health care contract is terminated immediately.
(9) Force issues related to the termination of the contract in case the agreement is governed by reason or contractor come out of the case is determined in the contract. a performance bond in case the termination of the contract and contracted works will be returned to the account must be made according to general provisions.
(10) of the Convention on account of the termination of the contract in the case of works contracts and according to the general provisions and dismissed from the management of the contractor. Ministry of the Treasury's contractor on immovable property in favor of private property is the top-right will be canceled regardless of any judicial decisions and deeds will be canceled by authorities of the picture. In this case, all structures and facilities are intact and work on real case shall be transferred to the Treasury. Located on real estate or construction by the contractor in the event of damage to property and premises, the cost of damages from the contractor also well received. Because of them, no other rights or claims arising from the upper right beneficiaries or third parties. The contract termination date on the current state of affairs, determined by a committee appointed by the administration with the contractor or his representative is regulated by a state incident report. The day included a previously reported ready contractor or his agent shall be regulated in the absence of the contractor identified and stated in the minutes of the proceedings of arbitrariness. The offending party to pay in case of termination of contract and punitive damages awarded in terms of the contract. In the event of termination of the contractor's performance bond of the contract attributable to the Contractor therefore recorded as revenue to the Treasury. Revenues recorded a performance bond can not be deducted from the liability of the contractor and the contractor any rights to the performance bond can not be found in the price or demand compensation.
(11) during the implementation of the Convention in legal disputes that may arise between the parties and the Republic of Turkey, Turkish law is applied to disputes and court officials are authorized. However, the parties may decide on the basis of the Turkish implementation of the legal dispute and the dispute with the record of the case to be seen in Turkey dated 21.06.2001 and numbered 4686 could be resolved within the framework of the International Arbitration Act.
(12) contract signed between the Contracting Authority will be prepared in Turkish. However, in case of contractual claims the contractor may be bilingual in English and Turkish. Turkish text shall prevail in case of any conflict between the texts.
(13) take part in the implementation of this article and contractual matters in relation to other matters specified in the regulation.


Cost Article 5 (1) the determination of the price and the contract period; cost and nature of the project investment, equipment and medical equipment that will not be provided or by the contractor, the profit of the contractor, matters will not be granted to run the contractor of the investment subject property and services in property and business services field are considered. Turkey Statistics Institution at the end of the period determined by periodic Producer Price Index and Consumer Price Index increased use is made of the total cost by half. In case of a contractor to provide loans in foreign currency by and changes in exchange rates related to the date again to determine the usage fee with the Producer Price Index Consumer Price Index is higher or lower by one half of the total will be calculated in the framework of the guidelines determined by the regulation authority established by the correction coefficient ingenuity difference is calculated and foreign usage fee will be added to or subtracted from the rate of borrowing by currency usage fee.
(2) in no way fee payment can not be made prior to the completion of the works. However, completion stage and agreements involving arrangements for partial acceptance will be made by the administration in the case of a partial provision of services are reserved.
(3) in respect of services rendered by the Contractor to the calculation of service charges to be paid to the contractor and the procedures for payment of the tender documents and the principles given in the contract.
(4) the Contractor, in the total amount of debt specified in the financial statements other than equities during the contract, re-financing and / or the reduction appeared to occur through debt restructuring, be divided equally between the reduction in administration and contractor in the amount of debt is reflected in the usage fee. Refinancing and / or organized debt restructuring principles relating to the contract.
(5) Cost, the revolving budget of the Ministry or its affiliates and / or paid for by the central government budget. Minimum equity

Article 6 (1) The Contractor is obliged to provide all necessary financing relating to contract work. The equity ratio will be allocated for the construction work to be performed by the Contractor under this Act, it shall not be less than twenty percent of the investment amount specified in the contract periods during the investment period.
Transfer
Article 7 (1) According to this law the construction contract between the contractor and the administration period at the end of the campus, all debt and free from commitments, groomed runs and available free of charge through the self-administration. Duration of contract at the end of the current state of the campus, determined by a committee appointed by the administration with the contractor or his representative is regulated by a state incident report. At the designated time available ready or his representative shall be regulated in the absence of the contractor if the contractor identified and stated in the minutes of the proceedings in this case. flaws and defects identified in the due diligence report, in time to be given by the administration to be completed by the contractor. In the event of non-completion and failure to meet the deficiency amount is deducted from the payments made to the contractor if and / or covered by the guarantee. In case of failure to meet this way are compensated by the contractor. Making
development plan and approval
Article 8 (1) of this Act will be held public zoning plan of the place where the application of specific cooperation projects, in case the request of the Ministry of Environment and Urban Planning Ministry is done, is done, be approved.
Exceptions
Article 9 (1), limited to the investment period with regard to investments to be made under this Act, the administration with natural or special law to be made between legal persons will be held with all kinds of business and operations papers, 01/07/1964 stamp No. 488 dated 07.02.1964 with the stamp tax levied according to the tax Code and 492 numbered charges are exempt from fees imposed in accordance with the law.
Regulation
Article 10 (1) principles and procedures for the implementation of this Act, the Ministry of Finance, Ministry of Development and the Ministry will be prepared by the opinions of the Treasury and Minister for the regulation to be issued by the Council.

Inapplicable provisions of Article 11 (1) of this Law shall be made according to the business and operations, dated 09/08/1983 and 2886 are not subject to the Public Procurement Law and the 4734 Law. Removed provisions of the current


Article 12 dated 05.07.1987 and numbered 3359 has been repealed Health Services in addition to Article 7 of the Basic Law. References made to the 3359 Act of additional legislation deemed to be made to Article 7 of this Act.
No. 4924 dated 10/7/2003 of the Components Available in Difficulty with Operation Location in Contract Health Personnel Law Amending Certain Laws and Decrees in Article 1, third sentence of the second paragraph is repealed.
Article 13 28.03.2002 dated and 4749 Public Finance and the Law on Regulation of Debt Management of the effect of the last paragraph of Article 4 removed the title of the fifth chapter "Treasury Guarantee and Debt Exponential strength"; and Law the following 8 / agent It was added.
"Debt topped my
ARTICLE 8 / A- General by special budget administrations and public institutions under budget 06/08/1994 dated and 3996 of Certain Investments and Services-Operate-Transfer model made according to the provisions of the Law on the Framework of the realization -Business-transfer model and planned amount of investment expected to be at least one billion Turkish Lira and implementation agreement with the Ministry of Health for services Public-private Cooperation model for Plant making reservations, Law on Renewal and service and certain Laws and Amendments to the Decree Law and 25/8/2011 dated and 652 numbered Ministry of Education of the Organization and Duties of planned build-lease-transfer model, according to the Decree of Law and holds a minimum of five hundred investment anticipated to be million Turkish Liras and implementation contract for services, the duration of the contract before the case that the decision to be taken over by the administration concerning the terminated facility, funding from abroad for the investment and services, and if the decision to be taken by the Undersecretariat of financial liabilities, including those arising from derivative products for providing this funding, topped my subject area of ​​financial obligations, the elements and payment conditions to regulate the procedures and principles for determining and confirming the Minister's proposal for the overall budget within the context of public administration, the Council of Ministers is authorized upon special budget proposal of the Minister and request the relevant minister for public administration. Debt undertaking agreements enter into force as of the date of signing of the agreement has not been agreed upon at a later date. This material provisions of the implementation contract draft of the undertaking provided for investments and services in accordance with and topped my direct tender specifications for concern provisions taken the opinion of the Undersecretariat before signing the contract after publication before and tender. Debt assumption commitment to fully or partially granted. limit of debt obligations, which will be undertaken during the financial year under this Article shall be determined by the Central Government Budget Law. Those limits of Ministers upon the proposal of the Minister to increase up to a solid Authority. Provisions of this article with debt topped resistance amounts held by the Treasury, the Ministry responsible for the in the case of a general budget of the project manager of administration are recorded both in the case of a special budget as a capital expense to their budget. He said the administration expenses related appropriation required for the registration of the existing capital expenditure allowance karşılanmaksız located in the Ministry of Finance is directly covered by the replacement allowance scheme. The amount of debt held by the Undersecretariat topped my government is recorded as external debt, but Article 5 shall not be included in the limit specified in the first paragraph. He external debt allocation will be charged at the amount incurred in the administration concerned Undersecretariat of walkable administrative liabilities arising from projects carried out by the rest of the administration except the assumptions and in the case of non-payment at maturity Treasury claims in this regard 21.07.1953 dated and 6183 Public Receivables Collection Procedure Act shall apply. Undersecretary of the parties under the debt topped strength is authorized to request any information or document. This article has been reached, in terms of effective implementation to date of the tender for the project into pre-bid agreements on the draft opinion by the Undersecretariat, partial commitments assumed and assumed debt limit provisions do not apply. The principles and procedures for the implementation of this article are prescribed by the regulations. "

Article 14 of Law 4749 Article 17 (C) of paragraph (2) number to the end of me "with this Law 8 / by Treasury in accordance with Article 3996 of the Law No. 11 / A of debt undertaking agreements signed by the relevant authority in accordance with "will be added, (3) are located in sub" organizations with economical and contracts with commercial nature signed "the phrase" organization of "with the phrase," the repayment "to" other matters concerning the financing with repayment "replaced with the word and" exclusive "phrase from the text It has been omitted.
Article 15 dated 06.08.1994 and numbered 3996 Certain Investments and Services through Build-Operate-Transfer Model of the Law on the Framework of Article 11 / A is amended as follows.
"Article 11 / A will be held with employees company in the contract, the contract is not the provision of the takeover by the relevant authorities prior to the time of the terminated service and investment case, investment and from abroad, corresponding to part been carried out of service funding and any arising from derivative instruments for providing this funding including the adoption by the administration of financial liabilities, unrealized investment and the portion relating to service provision to be included can be used, depending on the request of the administration.
In the event that the decision to be taken over by the administration concerning the terminated facility before the general budget outside of public institutions and organizations with subsidiaries and duration of contracts, the contracts for the investments and services provided by local governments, from abroad which are provided for purposes of investment and services financing financing and if this funding for supply to the question to assume financial obligations, including those arising from derivative administration are authorized. This administration, in the case that the special budget to decide the adoption by the relevant authorities on the proposal of the Ministry of the relevant administration is bound to these obligations, topped my subject area of ​​financial obligations, the elements and the procedures for the confirmation and to determine the payment terms and principles of editing the Council of Ministers is authorized.
Special budget enters into force as of the date of signing of the agreement has not been agreed upon at a later date debt assumption agreement will be signed by the public administration.
Treasury debt topped 4749 resistance, dated 28.03.2002 of the Law on Regulating Public Finance and Debt Management 8 / substances are carried out in the frame. "
Article 16 dated 4/1/1961 and No. 209 connected to the Ministry of Health the Esenlendir Health Institutions (Rehabilitation) of the first paragraph of Article 5 of the Law on Revolving Fund to be submitted to the Facilities "staff obtained with the contribution of" in the second paragraph with the phrase "obtained with the contribution of relevant personnel" will be removed from the text, the second sentence of the third paragraph is amended as follows.
"Second depends on Turkey Public Hospitals Authority and the donation of tertiary care facility, interest and rental income are not available in an additional payment distribution and the total additional payment these units have to be made to personnel, are billed separately from the service cost in the current year, the relevant units of drugs and all kinds of medical supplies forty-five percent of the income of the material, while the other revolving funds shall not exceed fifty percent. "
Article 17 of Law No. 209 has been added to the following temporary items.
"Provisional Article 7 of this article enters into force the date before the Article 5 of the scope of medicines and medical supplies, and rental income debt can not be removed for additional payments made to staff by being involved, from the collection of the amount removed owed abandoned an end to debt following the procedure."
Article 18 dated 14/7/1965 and No. 657 on Civil Servants Law of Article 68 (B) in the first paragraph of the clause "Education and training class" will "of the class Education and Training services, Health services and Allied Health class "has been changed to.
Article 19 of Law No. 657 has been added to the following temporary items.

"Provisional Article 40- Health Services and Allied Health in law before the date of entry into force of this Article the staff involved in the Class of Article 68 (B) by applying the provisions of paragraph 1, 2, 3 and 4 shall also be assigned to grade team, the same organization in the same titled staff During their stay and vested monthly rankings assigned to be their staff degrees has increased to rights continue to benefit prescribed for these degrees. "
ARTICLE 20 13/12/1983 dated and 190 numbered General staff and Procedure addition to Article 7 of the Decree Law on the Provision of the second paragraph of Article "assistant to be made to staff appointments," to come after the phrase "05/07/1987 dated 3359 Healthcare addition to the Basic Law Article 1 and in addition Article 6 of the appointments to be made in accordance with" phrases and "2828 supplement of the Social Services Law Article 1 of the appointment will be made in accordance with "to come after the phrase" central government budget law within the scope of the general and special budget public administrations; with related ministries and their affiliates, including their transport are made, except those found in the same ministry affiliate of the revolving staff "will be added; the same substance to come after the first sentence of the fourth paragraph "involved in the assignment, if needed, the approval number to be determined as the total number of affiliates with the relevant ministries." phrase was added.
Article 21 of the Decree Law No. 190 is included in the following temporary items.
"Provisional Article 12, except the Ministry of Health and its affiliates, other public authorities, institutions and ministries relied upon the organization or the same ministry connected to other organizations going through transplant in 2012. The number of personnel, the relevant public authorities for 2013 set forth in the Central Government Budget Law taken into consideration in the number of assignments account. "
Article 22 Law No. 190 Decree of the Ministry of Health of the schedule annexed to the decree, Turkey Public Health Agency of Turkey Public Hospitals Authority Turkey Pharmaceuticals and Medical Devices Agency and Turkey Border and Coastal places section of the Directorate General of Health area "Health Services and Allied Health Services (SH) Class" belongs to the team; Medical Chief of Staff, Deputy Chief Doctor, Education Officer, Expert (TUTGA), Medical Specialist, Chief intern and experts with degrees of Doctor of Dental titled (1-7); Assistants, Doctors, dentists, veterinarians, pharmacists, psychologists, biologists, Physiotherapist, Health Physicist, dieticians, Child Development, the Occupational Therapist (Ergotherapist), Perfusionists, Speech and Language Therapists, anthropologist, audiologists and grade of the Social Worker titled (1-8); the degree of which is titled Medical Technologist (1-9); Health Technician degree of which is titled (1-10); Midwives, nurses and health officers of the titled degrees (1-12); Health Technician, Dental Technician, and the degree of which is titled Laboratory Assistant (3-12) and Nurse Assistant titled the degree of (5-12), as amended.
Attached Article 23 (1) have been created for staff in the numbered list in the annex to the Decree Law No. 190 (I) of the Ministry of Health and the schedule is added to the part of Turkey Pharmaceuticals and Medical Devices Agency.
ARTICLE 24- 11/10/2011 dated and No. 663 Ministry of Health and its Affiliates of the Organization and Duties in the first paragraph of the Decree Article 33 of Law "staff obtained with the help of the" will "donation, excluding interest and rental income including "in the present.
663 Article 25 second paragraph of Article 51 of the Decree Law No. is amended as follows.
"(2) For this purpose, designated personnel will not be everyday for the duration missions abroad and who constantly mission in the countries they go and ninth grade the monthly payments are made in the first stage of the month field of Ministers as those titles to exceed the foreign pension being paid to professional staff amount to be determined by the Council. Moreover, this staff working capital, including additional payments will continue to benefit from all kinds of financial and social rights. For this purpose, the civil service staff assigned on missions abroad are counted from the time of those obligations State duty. "
Current requirements and regulations

PROVISIONAL ARTICLE 1- (1) before the date of entry into force of this Act 3359 Act abolished addition to Article 7 on the basis of declared within the framework of the bidding process works, which started in force by this Law will be settled according to the present tender specifications. But the seventh paragraph of Article 3 of the Law, ongoing process is applied from the stage where the tender.
(2) before the date of entry into force of this Act 3359 Act supplement Article 7 of the framework of the specification of works and continued completed the tender process, provisions that could be given to the contractor to operate a commercial area of ​​real estate outside the health campus will be made by the contractor will not be applied and health moved outside the campus is not given to contractors; these provisions are implemented without valid contracts made with tender business and operations.
(3) The regulations provided for in Article 10 of this Law shall be put into effect within six months.

Enforcement Article 26 (1) of this Act;
A) Article 13 of the 4749 added to Law 8 / A provision on 01.01.2014 regarding the substance of the debt assumed limits,
b) was added to the Law No. 4749, Article 13 of the 8 / the substance outside the limit of debt assumption provisions and Article 14 of the 4749 Law, Article 17 of the amendments in the substance of the publication date, to be effective from the date of 1/12/2012,
c) the date of publication Other provisions will enter
force.

Execution Article 27 (1) This Law shall be enforced by the Council of Ministers.


(P. Total: 417)



(1) ANNOUNCEMENT LIST

AGENCY: MINISTRY OF HEALTH
ORGANIZATION: CENTRAL

THE STAFF establish the

CLASS

TITLE

LEVEL
FREE
NUMBER OF STAFF

TOTAL
GPP
Vice President
1
7
7
GPP
Head of
1
5
5
GPP
Counsel
1
2
2
GPP
Chief
3
9
9
GPP
Chief
5
2
2
GPP
officer
5
9
9
GPP
officer
7
6
6
GPP
officer
9
5
5
GPP
Data Preparation and Control Operator
3
15
15
GPP
Data Preparation and Control Operator
4
10
10
GPP
Data Preparation and Control Operator
5
20
20
GPP
Data Preparation and Control Operator
7
15
15
GPP
Data Preparation and Control Operator
9
10
10
SH
Medical Technologist
(1-9)
1
1
SH
Social Worker
(1-8)
2
2
SH
nurse
(1-12)
8
8
SH
Health Technician
(1-10)
7
7
SH
Medical Officer
(1-12)
10
10
SH
Dietitians
(1-8)
2
2
THE
engineers
1
5
5
THE
engineers
2
5
5
THE
engineers
3
5
5
THE
engineers
4
5
5
THE
engineers
5
100
100
THE
architects
5
15
15
THE
City Planner
6
5
5
THE
technicians
3
23
23
THE
technicians
4
2
2
THE
technicians
5
3
3
THE
technicians
9
5
5
THE
mathematicians
1
1
1
THE
mathematicians
6
1
1
THE
Draftsman
3
1
1
THE
Draftsman
6
1
1
THE
Statisticians
6
8
8
YHA
Administrators
5
19
19
YHA
Administrators
7
4
4

YHA
Administrators
9
1
1
YHA
Administrators
8
14
14
TOTAL
368
368


AGENCY: MINISTRY OF HEALTH ORGANIZATION
: LOCAL

THE STAFF establish the
CLASS
TITLE
LEVEL
FREE NUMBER OF STAFF
TOTAL
GPP
Data Preparation and Control Operator
3
20
20
GPP
Data Preparation and Control Operator
5
15
15
GPP
Data Preparation and Control Operator
7
10
10
GPP
Data Preparation and Control Operator
10
75
75
GPP
officer
5
15
15
GPP
officer
7
35
35
GPP
officer
10
75
75
GPP
driver
7
10
10
GPP
driver
9
50
50
GPP
driver
12
68
68
SH
Health Technician
(3-12)
6
6
SH
Medical Officer
(1-12)
500
500
SH
Health Technician
(1-10)
717
717
THE
architects
1
2
2
THE
architects
3
3
3
THE
architects
4
3
3
THE
architects
5
5
5
THE
Graphic
1
3
3
THE
Graphic
6
32
32
THE
Statisticians
3
5
5
THE
Statisticians
6
25
25
TOTAL
1674
1674



INSTITUTE: PHARMACEUTICAL AND MEDICAL DEVICES AGENCY TURKEY
ORGANIZATION: CENTRAL

THE STAFF establish the

CLASS

TITLE

LEVEL
FREE NUMBER OF STAFF

TOTAL
GPP
Head of
1
5
5
GPP
programmers
1
3
3
GPP
programmers
3
5
5
GPP
programmers
5
3
3
GPP
Chief
3
3
3
GPP
Computer Operator
3
6
6
GPP
Computer Operator
4
6
6
GPP
Computer Operator
5
6
6
GPP
Computer Operator
7
6
6
GPP
Data Preparation and Control Operator
3
5
5
GPP
Data Preparation and Control Operator
4
5
5
GPP
Data Preparation and Control Operator
5
5
5
GPP
Data Preparation and Control Operator
7
5
5
GPP
officer
5
2
2
GPP
officer
7
2
2
GPP
driver
5
2
2
GPP
driver
7
2
2
GPP
driver
9
2
2
GPP
driver
12
2
2
SH
Medical experts
(1-7)
40
40
SH
Medical
(1-8)
55
55
SH
Veterinarians
(1-8)
2
2
SH
pharmacists
(1-8)
145
145
SH
biologists
(1-8)
21
21
SH
nurse
(1-12)
22
22
SH
Health Technician
(1-10)
13
13
SH
Health Technician
(3-12)
18
18
SH
Medical Officer
(1-12)
21
21
SH
Medical Technologist
(1-9)
3
3
THE
engineers
1
10

10
THE
engineers
2
10
10
THE
engineers
3
12
12
THE
engineers
5
28
28
THE
chemist
1
12
12
THE
chemist
3
10
10
THE
chemist
5
18
18
THE
Statisticians
7
3
3
THE
Technician
1
3
3
THE
Technician
3
3
3
THE
Technician
5
3
3
THE
Technician
7
3
3
THE
technicians
5
6
6
THE
technicians
7
5
5
YHA
Administrators
7
4
4
YHA
Assistant Technician
5
3
3
TOTAL
548
548