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Circular 11/2004/ttlt-Byt-Bnv: A Guide To The Functions, Duties, Powers And Organization Of Specialized Agencies To Help The People's Committee In The Governance Of The Local Health

Original Language Title: Thông tư liên tịch 11/2005/TTLT-BYT-BNV: Hướng dẫn chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của cơ quan chuyên môn giúp Ủy ban nhân dân quản lý nhà nước về y tế ở địa phương

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CIRCULAR guide functions, tasks, powers and organization of specialized agencies to help the people's Committee in the governance of local health _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the base resolution No. 46-NQ/TW on February 23, 2005 of the Politburo on the protection, care and improve the health of the people in the new situation;
Pursuant to Decree No. 49/2003/ND-CP on 15/5/2003 of government functions, tasks, powers and organizational structure of the Ministry of health;
Pursuant to Decree No. 45/2003/ND-CP dated 9/5/2003 of government functions, tasks, powers and organizational structure of the Ministry of the Interior;
Pursuant to Decree No. 171/2004/ND-CP on 29/9/2004 of the Government regulating the Organization of specialized agencies in the provincial people's Committee of the central cities, and Decree No. 171/2004/ND-CP on 29/9/2004 of the Government regulating the Organization of specialized agencies in the district people's Committee , district, town, city in the province;
Joint Ministry of health and the Ministry of the Interior instructed the functions, duties, powers and organization of specialized agencies to help the people's committees implement state management functionality on the local health as follows: i. Department of health 1. The position and function of 1.1. The Department of Health's professional body in the province people's Committee, the central cities (hereafter referred to collectively as the provincial people's Committee) has the function of Chief of staff, to help the provincial people's Committee to implement state management functions on the province on care and protection of people's health , including: preventive medicine, treatment, rehabilitation, medicine, traditional medicine and healing rooms for people, affecting human health, food safety and hygiene, medical equipment; on the public services in the health sector; perform a number of tasks and powers under the authorisation of the provincial people's Committee and in accordance with the law.
1.2. The Department of health under the direction, manage the Organization, staffing and operation of the provincial people's Committee, and subject to the direction, instruction, inspection, professional inspector, Ministry of health services.
2. duties and powers 2.1. The provincial people's Committee issued the decision, directive on protection, care and improve the health of the people in the new situation in the scope of local management and decentralization of the Ministry of health.
2.2. The provincial people's Committee approved the master plan, long term plan, annual and 5 year, programs, projects in the field of the management of the Department consistent with overall planning the social-economic development of the local industry development plan of the Ministry of health.
2.3. The provincial people's Committee, assigning decentralized or delegated management task of protection, care and improve the health of the people for the people's Committee of the district, County, city, town in the province (hereinafter referred to as district level) and the medical business units in accordance with the law.
2.4. The provincial people's Committee plans visit, healing, health network to people's Committee Chairman granted the province the provincial people's Council decided to match the orientation of development of the medical industry.
2.5. Organization direction, guide, inspect, and take responsibility for the implementation of the legal text, planning, plan, program, health projects have been approved; the work of media, popular, legal education and information on the protection, care and improve the health of the people.
2.6. About preventive medicine: 2.6.1. The provincial people's Committee bylaws, the solution to mobilize, manage, use the resources to perform preventive medicine and disease prevention locally; responsible for implementation after it is approved.
2.6.2. the decision to investigate, detect and treat outbreaks, made the report room according to the regulations. The case must mobilize resources to extinguish the room exceeded the authority to the Chairman of the provincial people's Committee decision; hosted, in collaboration with departments, the Organization departments implemented measures for prevention and overcoming the consequences of disease, injury and disasters disaster affects people's health that occur in the province.
2.6.3. Directs, checking, monitoring the activities of environmental health, school health, health workers, sanitation, water resources management of occupational diseases and nutrition of communities in the province.
2.6.4. Permanent Work in the field of prevention of HIV/AIDS, AIDS Committee of đạophòng and prevention of vices drugs, prostitution.
2.7. On examination and treatment, rehabilitation: 2.7.1. The provincial people's Committee plans visit, healing, rehabilitation, assessment on the province to the people's Committee of the provincial people's Council decided by the authority.
2.7.2. Prescribing conditions, professional standards, techniques of examination and treatment, health care, nursing, rehabilitation, orthopedics, surgery, reproductive health care and make family planning services on the basis of the regulations, the instructions of the Ministry of health according to the hierarchy and according to the technical divide.
2.7.3. the Granting, suspension and revocation of the certificate of practice examination and treatment; qualified certification practice for private treatment according to the hierarchy and under the provisions of the law.
2.8. About traditional medicine: 2.8.1. The provincial people's Committee of the program, plans to develop traditional medicine in the province and is responsible for implementing organizations after approved.
2.8.2. The decision under the authority of the measures succeeded, promotes, combining traditional medicine with modern medicine in the prevention, cure, rehabilitation, training, scientific research and production of traditional medicine and drugs locally.
2.8.3. the Granting, suspension and revocation of the certificate of practice private traditional medicine (practice of examination and treatment by medicine and traditional medicine practitioners of traditional medicine); certification of eligibility to practice medicine on the private traditional province according to the hierarchy and under the provisions of the law.
2.8.4. Responsibility, direction, guidance, testing, inspection, handling of the abuses in the implementation of the regulation, process expertise on traditional medicine in the province.
2.9. About Drugs and cosmetics: 2.9.1. Implementation, testing, inspection and handling of violations in the implementation of the regulation, process expertise on drugs, vaccines, biological medical products and cosmetics in circulation in the province.
2.9.2. the Granting, suspension, revocation of the certificate of practice; certification of eligibility to practice medicine, vaccines, biological medical products, private; permits in circulation, about drugs, cosmetics on the province according to the hierarchy and under the provisions of the law.
2.10. food safety: 2.10.1. The provincial people's Committee of the programme of action, measures and decisions to ensure food safety in the province and implementing organizations.
2.10.2. The guide, the urge to check, inspect and handle the violated regulations on food safety and hygiene with regard to production facilities, food business in the province under the rule of law.
2.10.3. Confirm published food product standards; certification of eligibility for food safety and hygiene facilities, businesses have closed food production facility on the area according to the hierarchy and under the provisions of the law.
2.11. On equipment and medical works: 2.11.1. The provincial people's Committee for planning and investment, upgrading equipment and medical works in State budget sources according to professional standards, engineering of the Ministry of health.

2.11.2. Guide to implementation, testing, inspection and handling of violations in the implementation of the rules, processes, professional regulation of medical equipment according to the provisions of the law.
2.12. On training medical cadres: 2.12.1. The provincial people's Committee plans fostering, training of health human resources and proposes policies, training and support solutions using local medical personnel.
2.12.2. Manage the medical officer training schools as assigned by the provincial people's Committee; responsible for guiding, inspecting the implementation of the rules on the training of medical personnel in accordance with the law.
2.13. The provincial people's Committee issued policies to motivate, encourage public servants medical industry learning, raise the level of expertise, and the policy of attracting talents in medical field serve to protect, care for and raise local people's health to the people's Committee of the provincial people's Council decided to follow provisions of the law.
2.14. The provincial people's Committee decided to set up, merged, dissolved, rated the business units of health of the province according to the hierarchy and under the provisions of the law.
2.15. Hosted, in cooperation with the Department of the Interior, the Department of finance guidelines, check out of the hospital in implementing self-reliance mechanisms responsible for tasks, financing, organization and staffing in accordance with the law.
2.16. Is responsible for guidance, testing, inspection and handling of violations in the implementation of the regulations, the process of professional service for the medical unit in the field of Facility Management.
2.17. Help provincial people's Committee of management for the State Assembly and non-governmental organizations in the field of protection, care and raise local people's health according to the provisions of the law.
2.18. The study and application of the scientific-technological progress; construction of the information system, the archives of the administration area of the Department.
2.19. implementation of international cooperation in the field of protection, care and improve people's health according to the provisions of law and the direction of the provincial people's Committee.
2.20. The provincial people's Committee of the program, the administrative reform plan, socialization activities to protect, care for and improve the people's health; responsible for implementation after it is approved.
2.21. building functions, duties and powers of the medical district to the provincial people's Committee issued under the authority and responsibility Guide, check on professional service for medical.
2.22. The inspection, complaints, accusations, against corruption, negative and handle breach of the law in the areas of preventive medicine, treatment, rehabilitation, medicine, traditional medicine and healing rooms for people, affecting human health, food safety and hygiene medical equipment, according to the provisions of the law.
2.23. General, periodic reports, statistics and implementation of assigned tasks in accordance with the provincial people's Committee and the Ministry of health.
2.24. organizational management, payroll, salary regimes and policies, reward, remuneration mode of discipline for public servants in the Department under the provisions of the law.
2.25. the financial management, asset and make the budget is allocated according to the hierarchy of the provincial people's Committee and in accordance with the law.
2.26. Perform other duties assigned by the provincial committees.
3. Organization and staffing 3.1. Head: 3.1.1. The Department of health has a Director and have 2 or 3 Deputy Director; for the city of Hanoi and Ho Chi Minh City 4 Deputy Director.
3.1.2. the Director is responsible for nhiệmtrước the provincial people's Committee, the law on the overall activities of the Department; reporting the work of the provincial people's Committee, the Ministry of health and the provincial people's Council when requested.
3.1.3. The Deputy Director, responsible to the Executive Director and the law vềlĩnh are assigned to work.
3.1.4. The Chairman of the provincial people's Committee decision on the appointment, the dismissal of the Director and Deputy Director, professional standards, professional by the Minister of health regulations and in accordance with the law on the work of public servants.
3.1.5. The reward, discipline the Director and Deputy Director of the Department to comply to the provisions of the law.
3.2. The organization of the Department, including: 3.2.1. The Office.
3.2.2. The Inspector.
3.2.3. The professional Room Service: the establishment of the professional Room service based on the principle of ensuring complete covering of areas in the range State management of the Department; the functions and tasks of each Room are clearly not overlapping with the functions and duties of the Department and other organizations in the Department; match the characteristics and actual workload at local, simple reassurance about the administrative procedure and in the resolution of the proposal of the Organization and citizens.
Professional service rooms of the Department not too 8 rooms for Hanoi and Ho Chi Minh City; not more than 6 rooms for the rest of the city. Number, the name of the professional service Rooms of the Department by 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 issued the decision.
The Director of the Department of Health regulates the duties and powers of the Office, departments, businesses owned and regulated the responsibility of the head of the unit in the Department under the provisions of the law.
3.2.4. The business units:-about the treatment, including: provincial hospital; the specialty hospital; the regional hospital and the District Hospital (including the clinic area) established by the planning network of examination and treatment.
-About preventive medicine, including the Center: preventive medicine; HIV/AIDS; Reproductive health care; Endocrinology; Prevention of social diseases (including tuberculosis, leprosy-Dermatology, psychiatry, eyes) in these provinces do not have the corresponding specialty hospital; Malaria prevention in the province are classified has malaria; International medical quarantine in the province are international; Health, labor and the environment in the province has many industrial parks; District Health Center to perform specialized technical expertise.
-Media: Media Center health education.
-About testing, testing: the testing centre of drugs, cosmetics, and food.
-Inspection, consisting of the Center: forensics, forensics, medical examiners was organized under the provisions of the law.
-About the career training: high school or college health is organized according to the provisions of the law and according to assigned by the provincial people's Committee.
Based on the specific characteristics of the local, 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 decision setting up the business units directly under the Department of health under the approved plan.
The Director of the Department of health specifies functions, tasks, structure and relationship of the unit medical career under the guidance of the Ministry of health.
3.3. Staffing 3.3.1. Staffing of the Office, the Ombudsman, the professional Room service administrative payroll by the provincial people's Committee decided in accordance with the law.
3.3.2. the staffing of the unit's medical staffing career; the management, using the payroll medical career to follow the provisions of the law.
3.3.3. The Director of the Department of health to the layout, using the public củaSở servants should match the title, whether the standards of public officials, State officials, according to the provisions of the law on public officials.
II. Medical ROOM 1. Function

Medical room is the professional body of people's committees in the district, the County, towns and cities in the province (hereinafter referred to as the PEOPLE'S COMMITTEE at district level) perform the function of State management on the protection, care and improve the health of the people of the district, including: preventive medicine, treatment , rehabilitation, medicine, traditional medicine and healing rooms for people, affecting human health, food safety and hygiene, medical equipment; perform a number of tasks and powers under the decentralization of the provincial people's Committee and authorized by the Health Department.
Medical rooms subject to the direction, management, staffing and organization of the work of the people's committees at district level, and subject to the direction, the test of professional expertise of the Department of health.
2. duties and powers of the medical Room to perform the duties and powers of State management on health district according to the instructions of the provincial people's Committee; advised the Chairman-level steering committees and oversee the Organization of prevention, hygiene and sanitation; management of medical stations, Ward, Township, town, and made a number of other rights, duties under the mandate of the Department of health.
3. Staffing based on the characteristics, development situation health care career and protect local people's health, the President of the people's Committee of the district level staffing decisions to meet the task of governance on the care and protection of people's health in the total payroll administration provincial people's Committee was assigned to the district.
III. IMPLEMENTATION 1. This circular effect after 15 days from the Post Gazette and to annul the circular No. 2/1998/TTLT-BYT-BTCCBCP on 27/6/1998 of the Ministry of health – Government officials Committee (now the Ministry of the Interior) guide implementation of Decree No. 21/1998/ND-CP dated 03/01/1998 of the Government regulations on the system of local health organizations; No. 12/1999/TTLT-BYT-BTCCBCP on 22/5/1999 of the Ministry of health – Government officials hold additional instructions, modifying some points in circular No. 02/1998/TTLT-BYT-BTCCBCP; No. 20/2001/TTLT-BTCCBCP-Ministry of health on 27/4/2001 of the Ministry of health-the Organizing Committee officials and Government Guide made the task of managing the State on health from the health center, districts, towns and cities in the people's committees of the same level.
2. The President of the people's committees of provinces and cities under central organization responsible for implementation of this circular. In the process of implementation of this circular, if problems arise or have difficulties and obstacles, the province should reflect timely joint Ministry of health and the Ministry of the Interior to study the resolution./.