Circular 51/2015/ttlt-Byt-Bnv: A Guide To The Functions, Duties, Powers And Organizational Structure Of The Department Of Health In The People's Committees Of Provinces And Cities Under Central And Medical Rooms In The ...

Original Language Title: Thông tư liên tịch 51/2015/TTLT-BYT-BNV: 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 ...

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CIRCULAR guide functions, tasks, powers and organizational structure of the Department of health in the people's committees of provinces and cities under central and Medical Department of the people's Committee of the district, County, city, town in the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 36/2012/ND-CP dated 18 April 2012 of the Government functions duties, powers and organizational structure of ministries, ministerial agencies;
Pursuant to Decree No. 63/2012/ND-CP on August 31, 2012 of the Government functions, tasks, powers and organizational structure of the Ministry of health;
Pursuant to Decree No. 58/2014/ND-CP dated 16 June 2014 Government's functions, tasks, powers and organizational structure of the Ministry of the Interior;
Pursuant to Decree No. 24/2014/ND-CP dated April 4, 2014, the Government's regulation organization to the professional body in the people's committees of provinces and cities under central;
Pursuant to Decree No. 37/2014/ND-CP dated May 5, 2014, the Government's regulation organization of professional bodies in the district people's Committee, district, town, city in the province;
Text based 378/TB-VPCP on November 18 in 2015 of the Government Office announced the conclusion of the Prime Minister at the meeting of Permanent Government on managing business units in local health;
The Minister of health and the Minister of the Interior issued a circular guiding the functions, duties, powers and organizational structure of the Department of health in the people's committees of provinces and cities under central Government (hereinafter referred to as the provincial people's Committee) and the Medical Department of the people's Committee of the district , district, town, city in the province (hereinafter referred to as the people's committees at district level).
Chapter I article 1 Department of health. The position and function 1. The Department of Health's professional body in the provincial people's Committee has the function, Chief of provincial people's committees to help state management on health, including: preventive medicine; the doctor, healing; rehabilitation; medical examiners, forensic medicine, forensic psychiatry; traditional medicine; medical equipment; Pharmacy; cosmetics; food safety; health insurance; population-family planning; reproductive health and other health woes in the province under the rule of law.
2. The Department of health has a legal personality, a seal and a private account; subject to the direction, management of organization, staffing and operation of the provincial people's Committee; at the same time subject to the direction, guide, inspect, check on the professional service of the Ministry of health.
Article 2. Duties and powers 1. The provincial people's Committee: a) draft decisions, only market; planning, long term plan, 5 year, annually; the program, project, projects, measures for implementation of the administrative reform tasks and other text within the authority issued by the people's councils and people's committees of provincial level in medical field;
b) draft text specifies the functions, duties, powers and organizational structure of the Department of health;
c) draft text specifies the conditions, standards, title for granted, the Deputy Head of the Organization, and units directly under the Department of health; The head, Deputy Head of the Medical Department of the people's Committee at district level.
2. The Chairman of the provincial people's Committee: a) the draft decision, directed the fish and other documents issued under the authority of the Chairman of the provincial people's Committee on local health areas;
b) draft decision on the establishment, merger, splitting, dissolution of the Organization, agency, and units directly under the Department of health under the provisions of the law;
c) draft the texts regulating the relationship between the Department of health with the departments, branches and agencies in the province, the people's Committee at district level on the local medical work; between the medical unit, with relevant organizations on the work of local health district;
d) draft program, mobilized solutions, collaboration in disease prevention, food safety, population-family planning and other health woes in local.
3. Staff and oversee the organization built the legal text; Recheck system, check processing, legal, legal education, dissemination, monitoring law enforcement situation, check the implementation of the law, planning, plan, program, medical scheme in the scope of management of the local health department under the provisions of the law.
4. Confirm the content of ads for products, goods, and services, especially in the scope of the governance of the Department of health under the provisions of the law.
5. On media, health education: a) the Organization implemented the work of media, enhanced health education;
b) Do clue provides information to the press, the people of the local medical work.
6. About preventive medicine: a) directing, instructing, evaluating the implementation of professional regulation, national technical regulation on prevention of infectious diseases; HIV/AIDS; Prevention and treatment of addiction to the drug substance; the disease is not contagious; occupational disease, injury; environmental health, school health, hygiene and health of workers; community nutrition; border health quarantine; chemicals, preparations for destroying insects, bactericide used in the field of health and the province;
b) steer, infectious disease monitoring organization, the disease is not contagious, the disease causes unknown, early detection and handling of infectious diseases cause; report on the situation room as prescribed by law; advised the provincial people's Committee of the published room and run out of room in accordance with the law;
c) directing, organizing the immunization vaccines and use of medical products for objects under the provisions of the law; the organization receiving the record, qualifying certification immunization in the province under the rule of law;
d) grants, grant, revoke the certificate in respect of the biological safety laboratory in accordance with the law;
DD) as a clue about the prevention of the harmful effects of tobacco, the prevention of the harmful effects of alcohol abuse, beer and alcoholic beverages in the province;
e) Standing Committee prevention, HIV/AIDS in the province.
7. About the examination, treatment and rehabilitation: a) steer, guide and monitor the implementation of the legal text, professional regulation, national technical regulation with respect to the base doctor, cure, rehabilitation, medical examiners, forensic examiners, forensics Psychiatry under decentralized management and according to the technical divide;
b) level, again, suspended, revoked the certificate of practice examinations, cure and, again, tuning, suspension, revocation of license to operate facility for examination, treatment and addiction treatment facilities drug substances by alternative medicine under the provisions of the law;
c) allows the base doctor, cure applied the new techniques, new methods in accordance with the law.
8. About traditional medicine: a) the organizations make the inheritance, promotion, combining traditional medicine with modern medicine in the prevention, treatment, cure, rehabilitation, training, scientific research and production of traditional medicine and drugs locally;
b) steer, guide and monitor the implementation of the legal text, professional regulation, national technical regulation with respect to the base doctor, cure, rehabilitation by traditional medicine in the province according to the hierarchy;
c) level, again, suspended, revoked the certificate of practice consultation, healing with traditional medicine and, again, tuning, suspension, revocation of license to operate for the base doctor, healing by traditional medicine as prescribed by law.
9. About Pharmacy and cosmetics: a) deployment guide and monitor the quality of medicines, cosmetics. Directing, tracking the recovery of the drug prescribed;
b) direction, deployment and business management, the practice of Pharmacy (grants, suspension, revocation of the certificate of practice of pharmacy), certification of eligible drug business, the level of announced products as prescribed by law;
c) make managing drug prices, drug bidding under the provisions of the law;
d) steer, guide and oversee the Organization of hospital pharmacy and other duties in accordance with the authority was decentralized.
10. food safety: a) host, build and process issued by the authorized local technical regulation on food safety for food products of local particularity as specified by law;
b) monitor product quality and manufacturing facilities, food additives business, support processing, tools for packaging materials, containers, drink bottled mineral water, natural, functional food, food enhances micro-nutrients and other food in the area according to the hierarchy of the Ministry of health;
c) organization receives a disclosure conformity or confirm the appropriate regulations publication of food safety; the certification basis of qualified food safety, confirmed their knowledge of safe food for business establishments, food services, manufacturing, trading of food products in accordance with the law;
d) food safety management; manage security conditions for production facilities, small retail food business, food, business establishments, catering services, and food safety in the local market and the object under decentralized management;
DD) permanent interdisciplinary Steering Committee on food safety.
11. On equipment and medical works: guidelines, reviews the implementation of the provisions of the law on equipment and medical works.
12. Population-family planning and reproductive health: a) the implementation of the target system, the indicator in the field of population-family planning; directing, guiding the national technical regulation, process expertise, professional health care services reproductive health and family planning;
b) implementation and guidance, monitoring, inspections, reviews the implementation of the policy, program, project, projects, patterns related to the field of population-family planning and reproductive health care;

c) decided to allow technical implementation to redefine gender, perform assisted reproductive techniques prescribed by law;
d) Standing Committee on the work of the population-family planning of the province.
13. About health insurance: General, directing, guiding the implementation of policy, law on health insurance.
14. Regarding the training of medical personnel: a) the implementation of training plans, training of health human resources and the development of health human resources in the province;
b) management training facility medical personnel as assigned by the provincial people's Committee.
15. Help provincial people's Committee of management for the State enterprises, collective economic organizations, the private sector; instructions and check out the activity with respect to the society and non-governmental organizations to participate in the health sector as defined by local law.
16. Implementation of the programme of administrative reform of the health sector according to the objective of administrative reform program, the State of the provincial people's Committee.
17. Implementation of the international cooperation in the health sector according to the assigned or authorized by the provincial people's Committee.
18. Responsible professional guide service in the areas of management within the Department of health for the Medical Department of the people's Committee of the district, County, town, city in the province.
19. research organizations, the application of scientific-technical progress and technology; construction of the information system hosting service, the management of the State and professional expertise in the field of health.
20. test, inspection, handling and resolving complaints, accusations, prevention of corruption, the practice of saving, against waste in the health sector under the provisions of the law and as assigned or authorized by the provincial people's Committee.
21. Specifies the functions, duties and powers of the institutions in compliance with the functions, duties and powers of the Department of health; Specifies the functions, duties, powers, organizational structure and relationships the work of the Agency, the State Department under the General guidance of the Ministry of health, the Ministry of the Interior and the ministries concerned and in accordance with the provincial people's Committee.
22. organizational management, staffing structure for categories of public officials, public servants, location of job, the officer structure according to the occupations and the number of people working in the units directly under the Department's public career; salary regimes and policies, policies, training, reward, or discipline for public servants, officers, employees in the scope of management of the Department under the provisions of the law and as assigned or authorized by the provincial people's Committee.
23. Guide, check out the implementation mechanisms of self-reliance, responsibility of the business units under the provisions of public law.
24. Management and is responsible for finance, property is assigned in accordance with the law and follow assigned or authorized by the provincial people's Committee.
25. implementation of the work of information, periodic reports, irregularly on the implementation of the tasks assigned to the provincial people's Committee and the Ministry of health.
26. Perform some other task due to the people's Committee, Chairman of the provincial people's Committee and in accordance with the law.
Article 3. Organizational structure and staffing 1. Medical leadership: a) the Department of health have directors and not more than 3 Associate Director;
b) Director of the Department of health is the head of the Health Department, responsible to the provincial people's Committee, Chairman of the provincial people's Committee and before the law on the implementation of the functions, duties and powers of State management of the health sector in the province; responsible for reporting the work of the provincial people's Committee, Chairman of the provincial people's Committee and the Minister of health; the report before the provincial people's Council, answered voters ' petitions, questions in the people's Council;
c) Deputy Director of the Department of Health's Medical Director who helps steer some task faces, responsible to the Director of the Department of health and the law on the duties assigned. When the Director of the Department of health is absent, a Deputy Director of the Health Department was the Director of the Department of health commissioned the operating activities of the Department;
d) the appointment of the Director of the Department of health and Department of health Deputy Director by the Chairman of the provincial people's Committee decided by standard titles are the Ministry of Health issued and according to the provisions of the law. The Director, Deputy Director of the Department of health is not the title of Chief Chief subdivisions having legal personality (except valuable text higher legal provisions);
DD) The resignation movement, rotation, reward, or discipline, to resignation, retirement and perform mode, the policy Director for the Department of health and Department of health Deputy Director by the Chairman of the provincial people's Committee decided in accordance with the law;
e) Director of the Department of health decided or the competent bodies appointed by the decision, dismissed the head, deputies of the heads of organizations, agencies, units and subordinated to the Department according to the hierarchy of the provincial people's Committee, the standards of title by the provincial people's Committee.
2. The General staff organization and professional expertise in the Department of health: a) the Office;
b) inspection;
c) personnel officer;
d) solvency Y;
Pharmaceutical operations);
e) planning and finance.
Based on the nature, characteristics, requires local management, the Director of the Department of health, in collaboration with the Director of the Department of the Interior process of the people's Committee Chairman granted the province decided to establish professional management in private medical institutions or having other names, ensure cover most of the areas in the scope of management. The amount held in the Department of health not to exceed 7.
3. The Department of Health Agency: a) the population Bureau-family planning;
b) Bureau of food safety and hygiene.
The Agency has legal personality, a seal, a private account and the organizational structure of the branch has not too 3.
4. The business units directly under the Department of public health: the base characteristics and actual requirements in the local medical director, in coordination with the Director of the Department of the Interior the provincial people's Committee decided to set up the business units directly under the Department of the public according to the master plan was approved by the authority and the rule of law : a) the field of preventive medicine, specialization: make model of disease control centre in the province on the basis of the merger of the central function; the specialist centre, the Centre has moved to hospital bed provincial hospital or established clinics when demand and qualified resources;
b) field examinations, treatment and rehabilitation, including: provincial hospitals, regional hospital, traditional medicine hospitals and specialized hospitals provincial provincial match needs and actual conditions of the locality. Only established the District General Hospital when really in demand, condition and must meet the standard of grade II hospital is over due to the authority for approval;
c) field testing: testing centre of drugs, cosmetics, food;
d) forensic areas: forensic Center;
DD) field medical examiners: central medical examiners;
e) field training: College or intermediate;
g) District: Health Center held unity on the district level, perform the function of preventive medicine, medical examination, treatment and rehabilitation; the clinic area, the households born area (if available) and medical stations, Ward Township, the district is the medical unit in the Medical Center district.
5. Staffing: a) the payroll public servants, the number of people working in the business units of the Department of health is allocated on the basis of job positions associated with the function, mandate, scope of activities and is located in the total payroll public officials in the agencies, administrative organization, the number of people working in the business units of the , central cities are delegated authority or approval;
b) base functions, mission, organizational structure and job placement categories, the categories of public officials, the officer under the occupational titles are approved by the authority, every year the Department of health, in collaboration with the Department of the interior building payroll plan public servants, the number of people working in the business units the programming Committee granted the the authority to review the decision under the provisions of the law ensure the implementation of the tasks assigned.
Chapter II medical article 4. The position and function 1. Medical room is the professional body in the people's committees of districts, functional staff, district-level people's committees to help implement state management on health, including: preventive medicine; the doctor, cure, rehabilitation; traditional medicine; reproductive health; medical equipment; Pharmacy; cosmetics; food safety; health insurance; population-family planning.
2. Medical Rooms subject to the direction, the organizational management, staffing and operations of the people's Committee at district level, and subject to the direction, instruction, inspection, inspection of professional service of the Department of health.
Article 5. Duties and powers 1. The district people's Committee issued decision, directive; planning, long term plan, 5 year, annual and other text; the program, measures the organization performs the tasks of administrative reform in the regulatory jurisdiction of the people's Council, the people's Committee at district level in the health sector.
2. Implementation of the law, the planning, the plan after it is approved by the competent authority; information, advocacy, education, common law; follow-up in the field of law enforcement.
3. Help people's Committee at district level implementation and responsible for the evaluation, registration, issuance of licenses, certificates in the field of health jurisdiction under the provisions of the law and according to the assignment of committees at district level.
4. Help people's Committee at district level governance for enterprises, collective economic organizations, the private sector; instructions and check against the society and non-governmental organizations to participate in the health sector district under the provisions of the law.

5. professional guide service on the field was delivered for the management cadre, communes, wards and towns.
6. The organization of scientific progress, application technology; construction of the information system hosting service, the management of the State and professional expertise in the field.
7. Perform periodic reports, information and implementation of assigned tasks according to the provisions of the district-level people's committees and the Department of health.
8. Checking, engage the field Inspector is assigned responsibility for the Organization and individuals in the implementation of the provisions of the law; complaints, accusations; the prevention of corruption, practice thrift and fight waste as defined by law and assigned by the people's Committee at district level.
9. organizational management, job placement, staffing structure for categories of public officials, public servants, salary regimes, policy, policies, reward, discipline, training and fostering of professional expertise for public servants in the scope of management according to the provisions of the law , as assigned by the people's Committee at district level.
10. Management and responsible finance, asset as defined by law and assigned by the people's Committee at district level.
11. Perform other tasks because of the people's Committee at district level or as prescribed by law.
Article 6. Organization and staffing 1. Organize a) Medical Director Rooms, no more than 2 Deputy head and public officials professional service;
b) Chief is the head of the medical Room, responsible to the people's committees at district level, the President of the people's Committee at district level and before the law of all activities of the Department of health;
c) Deputy head who helped head the direction some face work and responsible to the Chief of mission is assigned. When the Chief is absent, a Deputy head is the Chief Executive commissioned the operation of the room;
d) appointing, maneuver, rotation, reward, discipline, dismissal, resignation, made the policy regime for the head, Deputy Head of the people's Committee Chairman by district level decision under the provisions of the law.
2. a) payroll payroll of public servants medical Rooms are assigned on the basis of the location of the following functions, duties, and within range of the payroll public officials in the Agency, the administrative organization of the people's Committee at district level are competent;
b) based on the functions, tasks and job placement list, whether the structure is approved by the authority, annual medical staffing plans public officials under the law ensures implementation of assigned tasks.
Chapter III IMPLEMENTATION article 7. Effect 1. This circular is effective from 25 January 2016.
2. Circular No. 02/2008/TTLT-BYT-BNV on April 25, 2008 of the Ministry of health, the Ministry of the Interior instructed the functions, duties, powers and organizational structure of the Department of health, the Medical Department of the provincial people's committees, district level expire from the date of this circular effect.
3. Functions, mandate and organizational structure of the population-family planning in local continued stability until the competent State agencies issued the replacement text.
Article 8. Responsible for enforcing provincial people's Committee is responsible for organizing the implementation of this circular; Specifies the tasks, powers and organizational structure of the Department of health; guide the people's Committee at district level specifies the tasks, powers, organisation of medical Rooms;
In the process, if any problems arise or have difficulties and obstacles, the provincial people's Committee reflect the timeliness of the Ministry of health and the Ministry of Interior to consider, resolve according to jurisdiction./.