Circular No. 26/2017/TT-BYT dated June 26, 2017 of the Ministry of Health on providing guidance on the functions, tasks, powers and organizational structure of Centers for Disease Control of provinces or centrally run cities

CIRCULAR

On providing guidance on the functions, tasks, powers and organizational structure of Centers for Disease Control of provinces or centrally run cities

Pursuant to the Government’s Decree No. 75/2017/ND-CP dated June 20, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Health;

Pursuant to the Government’s Decree No. 24/2014/ND-CP dated April 04, 2014, providing the organization of specialized agencies under People’s Committees of provinces or centrally run cities;

At the proposal of the Personnel and Organization Department - the Minister of Health;

The Minister of Health hereby promulgates the Circular on providing guidance on the functions, tasks, powers and organizational structure of Centers for Disease Control of provinces or centrally run cities.

Chapter 1

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Circular provides guidance on the functions, tasks, powers and organizational structure of Centers for Disease Control of provinces or centrally run cities (hereinafter referred to as provincial Centers for Disease Control).

2. This Circular applies to provincial medical centers, except for Centers for the Quality Control of Food, Drug and Cosmetics; Centers for Forensic Medicine and Centers for Medical Examination.

Article 2. Legal position

1. The provincial Center for Disease Control is a public medical examination and treatment establishment of the Department of Health. The provincial Center for Disease Control has the legal person status and its own head office, seal and accounts opened at the State Treasury and banks as prescribed by law.

2. The provincial Center for Disease Control is subject to the direct and comprehensive management and direction in term of professional, technique, operation, organization, human resource, finance and facilities of the Department of Health; and the Ministry of Health’s direction, guidance, inspection and supervision in term of professional, technique and operation.

Chapter II

FUNCTIONS, TASKS AND POWERS

Article 3. Functions

The provincial Center for Disease Control shall advise and organize the implementation of professional, technical and specialized activities (hereinafter referred to as professional activities) with respect to epidemics and communicable diseases prevention and control; noncommunicable diseases; prevention and control of factors that may affect health; management of community health; examination, detection and prophylactic treatment and other healthcare services in conformity with areas of expertise in the province as prescribed by law.

Article 4. Tasks and powers

1. To carry out professional activities, direct, provide guidance, manage, inspect and supervise the prevention and control of epidemics, communicable diseases, HIV/AIDS, diseases caused by parasites, diseases transmitted by insects, diseases transmitted via foods, diseases transmitted from animals to humans, emerging diseases; monitoring and prediction of the epidemic or disease development; response to the emergency disease or epidemic situation and public health events; management and use of vaccines, medical biologicals and immunization.

2. To carry out professional activities, direct, provide guidance, manage, inspect and supervise the prevention and control of noncommunicable diseases (such as cancer, heart diseases, diabetes mellitus, chronic obstructive pulmonary disease, asthma, mental illness and other noncommunicable diseases), diseases caused by metabolic disorders; occupational diseases; school health, school illnesses; impacts of risk factors and the pre-disease stage; screening and management of noncommunicable diseases in community.

3. To carry out professional activities, direct, provide guidance, manage, inspect and supervise the prevention and control of nutrition and micronutrient disorders;  dietetics, nutrition in prevention and control of noncommunicable diseases, nutrition improvement for the mother and her children, community nutrition; to coordinate in improving the stature and physical condition for Vietnamese.

4. To carry out professional activities, direct, provide guidance, manage, inspect and supervise the prevention and control of environmental factors, climate change affecting to the community health; environmental protection for health establishments, occupational sanitation condition and environment; sanitation condition and environment for schools; drinking and domestic water quality; sanitation for households’ restrooms; to participate in the prevention and control of natural disasters or accidents; coordinate in guiding the sanitation in burial and cremation.

5. To carry out health quarantine; collect information, supervise, inspect, provide medical treatment and grant certificates for health quarantine subjects; to use English seals on health quarantine in the border health quarantine according to assignment, decentralization and law provisions.

6. To carry out professional activities, direct, provide guidance, manage, inspect and supervise professional and technical tasks in term of reproduction health; healthcare for women, breastfeeding mother, newborns, reproduction health of juveniles, adults, male and the elderly, family planning services; safe abortion according to the approved technical and professional scope; prevention and control of reproductive tract infections and cancer; to coordinate in prevention and control of sexually transmitted diseases.

7. To carry out professional activities, direct, provide guidance, manage, inspect and supervise the community health management, the elderly’s and employee s health; to carry out activities to manage the household’s health according to the assignment and decentralization.

8. To coordinate in implementing activities of food poisoning prevention and control; to participate in appraising establishments eligible for food production and trading; participate in supervising and inspecting the food safety assurance by food production and business establishments; food and drink service providers in accordance with law provisions and the other food safety tasks of such establishments within the assignment, decentralization and law provisions.

9. To carry out medical examination, screening, detection of disease and provide prophylactic treatment as prescribed; advise about treatment; prophylactic treatment for infertility; addiction treatment in accordance with law provisions; provide first aid, emergency, transfer to higher-level hospitals and carry out technical and medical procedures; carry out periodic health examination and grant health certificates in accordance with the competent authority s regulations and law provisions; sign contracts with social insurance agencies to organize and provide medical services in accordance with the professional and law provisions.

10. To inspect food safety; test and diagnose of functional exploration images for the professional and technical operations in accordance with the Center’s functions and tasks; take biosafety measures for laboratories as prescribed by law.

11. To carry out professional activities, direct, provide guidance, manage, inspect and supervise the communication of risks and communication to change behavior for the better health, communication of mobilization and improvement of the public health; prepare communication documents; provide information and coordinate with relevant agencies, organizations and individuals in propagandizing the Party’s and State’s healthcare policies.

12. To receive, use, provide, preserve, distribute and direct, inspect, supervise the use of drugs, vaccines, medical biologicals, chemicals, equipment, supplies and means in service of professional operations; chemicals and insecticidal and germicidal preparations for household and medical use in accordance with the Department of Health’s assignment, decentralization and law provisions.

13. To act as the standing units of the Department of Health in responding to the emergency situations in term of diseases, epidemics, public health events, AIDS, narcotics and prostitution prevention and control; to implement domestic projects, programs and international coordination related to healthcare in accordance with the Department of Health’s assignment, decentralization and law provisions.

14. To organize to train and continuously train the public employees under the management as prescribed; provide training courses, update specialized and professional knowledge according to the fields assigned and decentralized by the Department of Health; continuously update medical knowledge for medical practitioners; to act as practice establishments in health training as prescribed by law.

15. To research and participate in scientific study, application of scientific, technical and information technology advancements to the areas of expertise; to support lower-level hospitals, provide professional and technical guidance according to the Department of Health’s assignment and decentralization.

16. To comply with statistical and reporting regimes as prescribed by law.

17. To manage human resources, financial sources and assets in accordance with assignment, decentralization and law provisions.

18. To perform other tasks and exercise other powers assigned by the Director of the Department of Health and as prescribed by law.

Chapter III

ORGANIZATIONAL STRUCTURE, QUANTITY OF EMPLOYEES AND FINANCIAL SOURCES

Article 5. Leaders

1. A Center for Disease Control may have one director and a maximum of 03 deputy directors.

2. The appointment, relief of duty, transfer, rotation, commendation, disciplining, resignation, retirement and policies for directors and directors of a provincial Center for Disease Control shall comply with law provisions and the decentralization of the provincial-level People s Committee.

Article 6. Functional offices

1. Office for Organization - Administration.

2. Office for Planning - Operations.

3. Office for Finance - Accounting.

Article 7. Professional departments

1. Department of Communicable Disease Prevention and Control.

2. Department of HIV/AIDS Prevention and Control.

3. Department of Noncommunicable Diseases Prevention and Control.

4. Department of Nutrition.

5. Department of Environmental Health - School Health - Occupational Diseases; for localities where industrial parks are located, the Department of Occupational Diseases may be established as a separate department (in case of need).

6. Department of Reproductive Health.

7. Department of Health Communication and Education.

8. Department of Parasites and Insects.

9. Department of International health Quarantine (for localities where border health quarantine activities are conducted).

10. Department of Pharmacy - Medical Supplies.

11. Department of Tests - Imaging Diagnosis - Functional Exploration.

12. General and Specialized Clinics (only when all conditions as prescribed by the laws on medical examination and treatment are satisfied and being decided on establishment by the competent state agency).

Directors of Departments of Health shall, based on characteristics, nature, demand and capacity of each locality, decide according to their competence or submit Chairpersons of the provincial-level People s Committees to decide on the establishment, splitting up, merger offices and departments in accordance with Articles 6 and 7 of this Circular; and specify offices’ and departments’ tasks under this Circular in order to perform professional and technical services in compliance with reality and law provisions.

Article 8. The quantity of employees

1. The quantity of employees in a provincial Center for Disease Control shall be determined on the basis of working position and functions, tasks and scope of operation of the Center and offices, departments as prescribed in Articles 5, 6 and 7 of this Circular. The quantity of employees in a provincial Center for Disease Control shall be accounted into the quantity of employees of public non-business units of Departments of Health of provinces and centrally run cities that are assigned or approved by the competent authority.

2. On an annual basis, the provincial Center for Disease Control shall, based on functions, tasks, organizational structure and the list of jobs approved by the competent authority, make a plan of adjusting the quantity of employees according to their jobs, report the Department of Health to submit to the competent authority for consideration and decisions according to law provisions in order to perform the assigned tasks.

Article 9. Financial sources

1. Revenues from public non-business service activities.

2. Revenues from charge collection in accordance with the law on fees and charges that are allowed to retain for spending.

3. The state budget source supporting expenses unstructured in public non-business service prices and charges.

4. Other revenues as prescribed by law (if any).

5. The State budget shall cover expenses for performing unexpected tasks (if any), including: funding for the performance of science and technology tasks; funding for national target programs; other programs, projects, schemes; reciprocal funding for the implementation of projects under decisions of competent authorities; development capital; funding for procurement of equipment for non-business activities according to projects approved by competent authorities; funding for unexpected tasks assigned by competent agencies.

6. Aids and sponsorship as prescribed by law.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 10. Effect

1. This Circular takes effect on August 10, 2017.

2. For localities establishing the provincial Center for Disease Control within the schedule, functions tasks, powers and organizational structure of such Centers shall comply with this Circular. The following legal normative documents shall not be applied for such Centers:

a) Circular No. 51/2014/TT-BYT dated December 29, 2014 of the Minister of Health, defining the functions, tasks, powers and organizational structure of Preventive health centers of provinces and centrally run cities;

b) Circular No. 02/2015/TT-BYT dated March 04, 2015 of the Minister of Health, defining the functions, tasks, powers and organizational structure of Centers for HIV/AIDS prevention and control of provinces and centrally run cities;

c) Circular No. 59/2015/TT-BYT dated December 31, 2015 of the Minister of Health, defining the functions, tasks, powers and organizational structure of  Centers for Reproductive Health of provinces and centrally run cities;

d) Decision No. 14/2007/QD-BYT dated January 30, 2007 of the Minister of Health, defining the functions, tasks, powers and organizational structure of Centers for International health quarantine of provinces and centrally run cities;

dd) Decision No. 15/2007/QD-BYT dated January 30, 2007 of the Minister of Health, defining the functions, tasks, powers and organizational structure of Centers for Occupational Health and Environmental Protection of provinces and centrally run cities;

e) Decision No. 38/2006/QD-BYT dated December 07, 2006 of the Minister of Health, defining the functions, tasks, powers and organizational structure of Centers for social disease prevention and control of provinces and centrally run cities;

g) Decision No. 37/2006/QD-BYT dated December 07, 2006 of the Minister of Health, defining the functions, tasks, powers and organizational structure of Centers for malariology parasitology and entomology prevention and control of provinces and centrally run cities;

h) Decision No. 02/2006/QD-BYT dated January 16, 2006 of the Minister of Health, defining the functions, tasks, powers and organizational structure of endocrine Centers of provinces and centrally run cities;

i) Decision No. 911/1999/QD-BYT dated March 31, 1999 of the Minister of Health, defining the functions, tasks, powers and organizational structure of Health Information and Education Centers of provinces and centrally run cities.

3. For localities where the provincial Centers for Disease Control’s establishment is ongoing, the functions, tasks, powers and organizational structure of Centers that have not been merged yet shall continue complying with provisions provided in legal normative documents specified in Clause 2 of this Article until completing the establishment of the Centers for Disease Control.

4. Legal normative documents mentioned in Clause 2 of this Article shall be repealed when provincial Centers for Disease Control are established in all provinces and centrally run cities.

Article 11. Transitional provisions

Policies for managers, public employees and employees working in provincial-level health centers after being re-arranged and perfected according to this Circular shall be decided by the provincial-level People s Committees within the competence and in accordance with law provisions.

Article 12. Implementation responsibility

1. People s Committees of provinces and centrally run cities shall be responsible for:

a) Directing the Departments of Health to perfect their organizations in accordance with the guidance provided in this Circular, according to the schedule, actual conditions, and the master plan for Vietnam s medical system development and completing such models before January 01, 2021.

b) Investing infrastructure, means, equipment, funding and human resources for the provincial Centers for Disease Control in order to meet requirements for carrying out professional, technical operations under this Circular and reality in localities.

2. Departments of Health of provinces and centrally run cities shall be responsible for:

a) Assuming the prime responsibility for, and coordinating with the Department of Home Affairs in proposing the Chairperson of the provincial-level People s Committee to establish the provincial Center for Disease Control in accordance with the schedule, plan and actual conditions in the locality as prescribed by law;

b) Specifying functions, tasks, powers and organizational structure of the provincial Center for Disease Control on the basis of this Circular and the guidance provided by People’s Committees of provinces or centrally run cities (if any);

c) On the basis of this Circular and the guidance provided by People’s Committees of provinces or centrally run cities (if any), adjusting functions, tasks, powers and organizational structure of relevant public medical examination and treatment establishments in order to fully implement tasks of protection, providing healthcare and improvement of the public health as prescribed.

Any problems, difficulties or issues arising in the course of implementation should be promptly reported to the Ministry of Health for consideration and settlement./.

* All Appendices are not translated herein.