Decree No. 122/2014/ND-CP dated December 25, 2014 of the Government on Health Inspectorate

DECREE

ON THE ORGANIZATION AND OPERATION OF THE HEALTH INSPECTORATE

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the November 15, 2010 Law on Inspection;

Pursuant to the Law on Pharmacy dated June 14, 2005;

Pursuant to the Law on infectious disease prevention and control dated November 21, 2007;

Pursuant to the Law on Health Insurance dated November 14, 2008 and the Law on amendments to the Law on Health Insurance dated June 13, 2014;

Pursuant to the Law on Medical examination and treatment dated November 23, 2009;

Pursuant to the Law on Food Safety dated June 17, 2010;

Pursuant to the December 27, 2008 Ordinance on Population and the Ordinance on amending and supplementing Article 10 of the Ordinance on Population dated December 27, 2008;

At the proposal of the Minister of Health,

The Government promulgates the Decree on organization and operation of Health Inspectorate.

CHAPTER I

GENERAL PROVISION

Article 1. Scope of regulation

This Decree provides for the organization and operation of health inspection agencies; inspectors and persons assigned to perform specialized inspection and health inspection collaborators; and responsibilities of agencies, organizations and individuals in health inspection activities.

Article 2. Subject of application

1. Agencies, organizations and individuals subject to the state management by the Ministry of Health and provincial-level Health Departments.

2. Domestic and foreign agencies, organizations and individuals involved in medical activities shall have to abide by the law provisions in the fields under the State management by the Health Ministry and the provincial/municipal Health Services.

Article 3. International treaties application

In case the international treaties which the Socialist Republic of Vietnam has signed or acceded to otherwise provide for the organization and operation of the health inspectorate, the provisions of the international treaties shall apply.

CHAPTER II

ORGANIZATION, TASKS AND POWERS OF HEALTH INSPECTORATE

Article 4. Agencies performing health inspection

1. The state inspection agency:

a) Inspectorate of the Ministry of Health;

b) Inspectorate of Department of Health.

2. Agencies assigned to conduct specialized inspection:

a) General Office for Population and Family Planning; Department of Drug Administration of Vietnam; Health Environment Management Agency; Department of Preventive Medicine; Department of Food Safety (hereinafter collectively referred to as General Department and Department);

b) Population and Family Planning Division, Sub-Department of Safety and Food Hygiene (hereinafter referred to as Sub-department).

3. The Inspectorate of the Ministry of Health, the Inspectorate of the Department of Health has its own seal and account.

Article 5. Tasks and powers of the Inspectorate of the Ministry of Health

The Ministry of Health shall perform tasks and exercise powers specified in Article 18 of the Law on Inspection and Article 7 of the Government's Decree No. 86/2011/ND-CP of September 22, 2011, detailing and guiding a number of articles of the Law on Inspection (below referred to as Decree No. 86/2011/ND-CP ) and the following tasks and powers:

1. Assist the Minister of Health in state management of health inspection.

2. Take charge of or participate in formulating legislative documents as assigned by the Minister of Health.

3. Formulate annual health inspection plans and submit them to the Minister of Health for approval.

4. To guide the Inspectorate of provincial Health Departments and agencies assigned to perform specialized inspection function of the Ministry of Health to elaborate annual plans for health inspection.

5. To act as the standing body of citizen reception work in accordance with law.

6. To sum up and report to the Minister of Health and the Government Inspector General on the results of inspection work; to settle complaints and denunciations; to receive citizens; to prevent and combat corruption within the scope of management of the Ministry of Health according to law.

7. Scientific research, international cooperation on health inspection.

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