The Decree 63/2012/nd-Cp: Functions, Tasks, Powers And Organizational Structure Of The Ministry Of Health

Original Language Title: Nghị định 63/2012/NĐ-CP: Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Y tế

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The DECREE stipulates the functions, duties, powers and organizational structure of the Ministry of health _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to Decree No. 36/2012/ND-CP dated 18 April 2012 of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies;
According to the recommendation of the Minister of health;
The Government issued the Decree stipulates the functions, duties, powers and organizational structure of the Ministry of health, article 1. The position and function of the Ministry of health is the Government's authority, make state management functions on health, covering the areas of: health; the doctor, cure, rehabilitation; medical examiners, forensic medicine, forensic psychiatry; traditional medicine; reproductive health; medical equipment; Pharmacy; cosmetics; food safety; health insurance; population-family planning; the State management in the field of public services in the scope of management of the State.
Article 2. Duties and powers of the Ministry of Health implemented the duties and powers prescribed in Decree No. 36/2012/ND-CP dated 18 April 2012 of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies and those duties, the following specific powers : 1. Process of Government bills, draft resolutions of the National Assembly, the French project command, the draft resolution of the Committee of the National Assembly, the draft resolution, the Decree of the Government under the program, plans to build the Ministry's annual law was approved and the project, the project as assigned by the Government , The Prime Minister; strategy, planning, long term development plans, five year, and annual projects, important works of national industry, areas in the scope of management of the State.
2. The Prime draft decisions, directives and other documents about the industry, the field in the scope of the governance of the Ministry or as assigned.
3. Issuing circulars, directives, decisions and other documents of State management for the industry, in areas the scope of governance.
4. Steer, guide and implement the legal text, strategy, planning, plan, national target programs, projects of national importance, after approval; information, advocacy, education, common law and monitor the law enforcement situation in the areas covered by the Ministry of State administration.
5. About preventive medicine: a) building, issued by the authority or the authority issued the legal text, the specialized rules, standards, national technical standards in the areas of: monitoring, prevention of infectious diseases, HIV/AIDS, the disease is not contagious, occupational disease , injury; border health quarantine; environmental health and hygiene, sanitation and health workers, school health hygiene; sanitary quality of drinking water, running water; community nutrition; household chemicals and chemical preparations, insect, bactericide used in household and medical field;
b) issued, modified, supplemented the list of infectious diseases in the group, the category of infectious diseases are required to use vaccines, medical products and organizations make the immunization vaccines and medical products for the compulsory subjects prescribed by law;
c) presiding, in coordination with the ministries concerned issued the list of diseases that need treatment on enjoying long ailing mode and the list of occupational diseases are entitled to occupational diseases in Vietnam mode;
d) Organization of monitoring infectious diseases, infectious diseases, diseases of unknown cause, early detection of infectious disease causes and organizations make published translations, published most of room under the provisions of the law; hosted, in cooperation with the relevant bodies to provide accurate and timely information on infectious diseases;
DD) The authority decision or decision by the authority the implementation of special measures for disease prevention; inspection, monitoring, support, local units in the implementation of measures for disease prevention;
e) organizations implementing medical quarantine operations border at the gate; information, timely reporting of infectious disease situation particularly dangerous world to proactive prevention;
g) direction, guiding the evaluation report of the health impact assessment for the project to build the industrial zone, urban, residential focus, base hospital, curing infectious disease;
h) directing, guiding implementation activities initial health care to people in the community;
I) Organization, the decentralized granting, suspension, revocation of the certificate of the qualified medical use of vaccines and medical products, certificates of biological safety standards with regard to the laboratory according to the authority;
k) Grant, suspend, revoke the certificate of registration issued, professional content evaluation of registration documents of chemical preparations, ad removal, sterilizing insects used in the household sector and health according to the provisions of the law;
l) directing, instructing, examining, monitoring the implementation of the professional rules, the national technical standards in the field of preventive medicine within the country;
m) steer, guide implementation, monitoring, checking and evaluating the implementation of the activities, HIV/AIDS within the country.
6. About examination, treatment and rehabilitation: a) building, issued by the authority or the authority issued the legal text, the specialized rules, standards, technical standards, the technical-economic norms in the field of medical examination and treatment the safe blood transfusion, nursing, rehabilitation, clinical nutrition, cosmetic surgery, medical examiners, forensic examiners, forensics Psychiatry;
b) appraisal and allow the base doctor, cure applied the new techniques, the new method was first made in Vietnam under the rule of law;
c) level, level back, withdraw the certificate of practice examinations, cure and, again, adjust and recover the operating licence for the medical facility and treatment as prescribed by law;
d) appraise the professional content of the registration records consultation activity ad, healing in the authority as prescribed by law;
DD) directing, instructing, examining, monitoring the implementation of the legal text, professional regulation, national technical regulation with respect to the base doctor, cure, rehabilitation, surgery, medical examiners, forensic examiners, forensics psychiatry.
7. About traditional medicine: a) the construction and the authority issue, implement the policy inheritance, conservation, development, modernization of traditional medicine and combines traditional medicine with modern medicine;
b) construction, issued or the authority issued legal documents, regulations, professional standards, national technical standards in the field of traditional medicine;
c) level, professional level examinations, healing with traditional medicine; level, level again, tuning, recovery of traditional post certificate and operating licence with respect to the base doctor, healing by traditional medicine as prescribed by law;
d) appraise the professional content of the profile registration active ad consultation, healing by traditional medicine as prescribed by law;
DD) directing, instructing, examining, monitoring the implementation of the mechanisms, policies, legal documents, professional regulation, national technical regulation on health care, traditional medicine, combining traditional medicine with modern medicine.
8. On equipment and medical works: a) the construction and the Authority announced a national technical standard of medical equipment; professional regulations issued, national technical regulation on medical equipment;
b) issued the list of essential equipment for the unit, the medical facility;
c) levels, suspension, revocation of registration certificate of circulation of medical equipment products manufactured in the country, importing medical equipment has a direct influence on health in the Ministry of health; appraising the content expertise of registration documents of medical equipment ads under the provisions of the law;
d) directing, instructing, examining, monitoring the implementation of the provisions of the law on production, medical equipment business;
DD) hosted, in cooperation with the relevant agencies to build, issued the technical regulation and standards design-design of medical works.
9. About Pharmacy and cosmetics: a) construction, issued or the authority issued the legal text, the specialized rules, national technical regulation of pharmaceuticals, cosmetics; the national drug standard; Vietnam and Pharmacopeia Drug issued a national message;
b) granted, revoked the certificate of practice for pharmacy practice pharmacy registration personally invested abroad; certificate of eligible drug business for drug production base, the base service maintenance medications, drug testing services; circulation permit smoking; export licence, import drugs; registration license about smoking Vietnam of foreign enterprises offer to Vietnam; standard certificate of good manufacturing practice (GMP), good laboratory practices (GLP), good storage practice (GSP), the practice of good medicine on the clinical trial for the drug business unit under the provisions of the law; levels, cancel the certificate of business announcement held drugstore chain;
c) granted, revoked the certificate of standard good manufacturing practice (CGMP); the number receiving the votes announced cosmetic products; the vote receiving records published good practice cultivation and harvesting medicinal plants and a certificate of free circulation of products for the business units, cosmetic medicine as prescribed by law;

d) quality control of drugs and cosmetics; the decision to suspend the circulation recovered drugs, cosmetics as defined by law; in collaboration with relevant agencies, against the production and circulation of fake cosmetics, drugs, poor quality and prevention of smuggled drugs, cosmetics;
DD) valuation professional content of drug advertising registration records;
e) performing the State management of drug prices and use the measures to stabilize the prices of medicines on the market under the provisions of the law;
g) direction, guidance, implementation and testing, drug use monitoring, safety, efficiency;
h) directing, guiding implementation and testing, monitoring the implementation of the provisions of the legislation in the field of pharmaceuticals, cosmetics.
10. food safety: a) presiding, construction, issued or the authority issued legal documents about food safety in the field of management of the assignment;
b) presiding, to build, to enact a national technical regulation or regulation on norms and safety limits for all food products; enact national technical standards for food additives, substances that support processing, tools, packaging materials, containers in direct contact with food under the provisions of the law;
c) issued regulations on general conditions ensure safe food production establishments, the food business; enact specific regulations about the conditions for ensuring food safety for food, duỡng, hotel, restaurant, business establishments, catering and food business;
d) specify the conformity certification organization for food products, food additives, substances that support processing, tools, packaging materials, containers in direct contact with the food technical regulation has been issued on the basis of consultation of the ministries when necessary;
DD) chaired the Organization perform advocacy work, common knowledge, education food safety legislation; monitoring, prevention, investigation and coordination to prevent food poisoning and food safety issues in the management of the range;
e) food safety management during the production process, processing, processing, storage, transport, export, import, trading for food additives, food processing support, bottled water, natural mineral water, functional food, food micronutrient enhancement, tools , packing materials, containers in direct contact with food under the provisions of the law;
g) Grant, suspend, withdraw the paper received a published conformity certificate, announced the suit rules of food safety for the food is over processed, pre-packaged food additives, substances to support food processing, packaging materials, utensils, food containers;
h) certificate-level advertising content food additives, substances to support food processing, packaging materials, utensils, food containers and food products in the scope of management of the Ministry;
I) granted, revoked the certificate of the eligible basis of food safety for the production base, sales of products in the scope of management of the Ministry;
k) certificate of free circulation, medical certificates, certificates of origin, place of origin for food products in the scope of management of the Ministry; food additives; aid for processing; Tools, packing materials, containers in direct contact with the food when the Organization, individuals are required;
l) specified test facility conditions, specify the unit participated in testing food served in State management in the scope of management of the Ministry; specify the unit testing implementation of arbitration and final conclusions when there are differences in test results of food testing units inside and outside the healthcare industry; granted, suspend, revoke the registration paper circulating the quick tests for indicators on food safety;
m) specify the State Inspection Agency on food safety with regard to imports of the products in the scope of management of the Ministry;
n) steer, guide implementation, testing, monitoring the implementation of the provisions of the law on food safety in the range State management of the Ministry;
o) General, periodic reports, statistics, irregular about the management of food safety on the basis of the synthesis report and monitoring of the management of the industry.
11. About the population-family planning and reproductive health: a) the Building Authority issued policies on reproductive health and population include: population size, population structure and the quality of the population;
b) construction, issued or the authority issued the legal text, the national standards on population-family planning and reproductive health; build system, indicators, indicator of population and reproductive health; professional regulation, national technical regulation on reproductive health care, family planning;
c) decided to allow for the consulting services practice advisory services in population-family planning in accordance with the law;
d) decided to allow the medical facility do redefine gender, make child birth according to the scientific method as prescribed by the law;
DD) directing, instructing, implementation and testing, monitoring the implementation of the legal text, the national technical standards, policies, programs, and projects in the field of population-family planning and reproductive health care.
12. About health insurance: a) construction, issued or the authority issued the legal text, the mechanism and policy of health insurance;
b) issued the list of medicines, medical supplies, technical services category in the scope enjoyed by health insurance participants and other technical expertise related to the medical examination and treatment for health insurance;
c) build the authority issued the solution to ensure health insurance Fund balance;
d) steer, guide implementation, examine the medical establishments, organizations and individuals in the implementation of the provisions of the law on health insurance.
13. On the protection of the environment in medical activities: a) presiding, in collaboration with the Ministry of natural resources and environment, Ministry of construction, the authority issued the rules, standards, national technical regulation on the protection of the environment in medical activities, protection of the environment in the funeral activities cremation, and the quality of the environment;
b) organized the appraisal report and the strategic environmental assessment report of environmental impact assessment for projects approved by the authority of the Ministry of health;
c) directing, instructing the Organization made the observation of the effects on the environment from the operations of the medical profession; management and control of medical waste; fix pollution and restore the environment; collecting, storing and providing information on the environment related to the areas in the scope of the governance provisions of the law;
d) directing, guiding the implementation of measures to protect human health impact of climate change, environmental pollution and other adverse environmental factors;
DD) host, guide and implement and test, monitoring the implementation of the legal text, the national technical regulation on the management and destruction of medical wastes and protecting the environment in medical activities.
14. On the management staff of medical, pharmacy, population: a) build the competent authority issued the standard occupations of employees specialized in medicine, pharmacy, population;
b) guide the identification of job positions, the number of people working and the structure of employees according to the occupations in the business units public health;
c) presiding, in cooperation with relevant agencies in specific regulations about the conditions, standards, content, forms of the examination or review promoted vocational titles of nghỉệp medical, pharmacy, population; examination, review promoted occupations officer specialized in medicine, pharmacy, the population according to the provisions of the law;
d) presided, in cooperation with relevant agencies to build mode, policy officer for the medical, pharmaceutical, population;
DD) detailed rules on the content, programs, forms, time fostering medical officer, pharmacy, population standard occupations of officer specialization.
15. Regarding the training of medical personnel: a) The approval authority planning, planning health sector human resources training mechanisms, and specific policies in the health sector human resources training;
b) enactment of national technical regulation on conditions ensuring quality of health sector human resources training and guide implementation;
c) issued standards for the industry expertise and specialized training in the medical field and guide implementation;
d) in collaboration with the Ministry of education and training of State management on training postgraduate specialist medical industry peculiarities include: specialist level 1, level 2, specialty residency training and updated medical knowledge continuously for officers, specialized medical officer;
DD) Organization building and implementing training plans, the fostering of professional expertise for health sector human resources;
e) manage the training of medical personnel in accordance with the law.
16. Science, technology: a) the construction, the authority issued legal documents, policies, strategy, planning, plans and national technical regulation on scientific research and technological development in the field of health care, clinical trials and bio-medical research ethics in the health sector;
b) instructions, implementation and monitoring, reviews the common application of the results of scientific research, technological innovation and the transfer of new technologies in health;
c) standard management, national technical regulation in the health sector under the provisions of the law; Guide and monitor the dissemination, application of standards, national technical regulation in the health field;
d) implementation agreement on technical barriers to trade (TBT) in the medical field.
17. information technology:

a) strategy, planning, planning applications, development of information technology in the health sector and organized;
b) construction, issued about technical regulation development, application of information technology in the health field;
c) built, and organized the implementation of the provisions on medical activities on the environment;
d) directing, instructing, organize the application of information technology in the healthcare industry on a national scope.
18. Directing, guiding implementation and testing, monitoring the implementation of the work of the media, education and health.
19. Governance of public services in the industry, the field in the scope of the governance provisions of the law; Specifies criteria for classifying business units consistent with public health requirements of the healthcare industry.
20. the Chairman, in collaboration with relevant agencies, emergency prevention and the treatment of victims in the disaster, the catastrophe.
21. Construction plan and implement national stockpile of drugs, chemicals, medical equipment, means of disease prevention, catastrophic natural disasters under the national reserve list was the Government decision and the rule of law.
22. The governance of society, non-governmental organizations active in the field in the scope of the governance provisions of the law.
23. Building and directing the implementation of administrative reform of the health sector according to the aim and the content of the overall program to reform State administration by the Government.
24. The management of organization, staffing; public servants; implementation of salary mode and the mode of remuneration policies, reward, or discipline for public servants in the scope of the Department's management under the provisions of the law.
25. implementation of international cooperation in the areas in the scope of the governance provisions of the law.
26. financial management, asset and the implementation of the budget is allocated according to the provisions of the law.
27. The inspection, checking the implementation of the provisions of the law and resolve complaints, accusations, proposals relating to the areas under the jurisdiction of the Ministry of State administration; make room, fighting corruption and handling of violations of law in the areas belonging to the scope of the governance provisions of the law.
28. The construction of the target system, statistics and statistical reporting of medical industry under the rule of law; organizations collect, aggregate, analyze, manage, and store information health sector statistics; building the health sector database.
29. Perform other duties, other powers by the Government, the Prime Minister and in accordance with the law.
Article 3. Organizational structure 1. Service communications and emulation, rewarded.
2. Maternal Health Services-children.
3. Service the equipment and medical works.
4. medical insurance.
5. Financial planning.
6. Service personnel.
7. international cooperation.
8. Service legislation.
9. The Office of the Ministry.
10. The Inspector.
11. The Department of preventive medicine.
12. The Bureau of HIV/AIDS.
13. The Bureau of food safety.
14. The environmental management Bureau of health.
15. The Bureau of science and technology training.
16. the Department of management treatment.
17. Medical administration, traditional Medicine.
18. Drug Administration. 19. The Department of information technology.
20. The General Department of population-family planning.
21. The Institute of health policy and strategy.
22. Health and life.
23. practice medicine magazine.
24. Journal of Pharmacology.
The following organizations are established: financial planning (7 rooms), Service personnel (3 rooms), medical insurance (3 rooms), Service equipment and medical works (2 rooms).
The regulatory from clause 1 to Clause 20 this is the organization that helps the Minister performs management functions of State, the regulatory from Account to Account-21-24 this is the business units directly under the Department of health.
The Minister of health of the Government's Prime functions, tasks, powers and organizational structure of the General Directorate of population-family planning; issued a list of the different business units of the Ministry of health.
Article 4. Effective enforcement of this Decree has effect from the date of 20 October 2012.
This Decree replaces Decree No. 188/2007/ND-CP on December 27, 2007 of the Government functions, tasks, powers and organizational structure of the Ministry of health and the Decree No. 22/2010/ND-CP dated 9 March 2010 amending and supplementing article 3 of Decree No. 188/2007/ND-CP on December 27, 2007 of the Government functions duties, powers and organizational structure of the Ministry of health; repeal of previous regulations contrary to this Decree.
Article 5. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.