Decree No. 49/2003/ND-CP dated May 15, 2003 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Health

DECREE

DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF HEALTH

THE GOVERNMENT

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

Pursuant to Resolution No. 02/2002/QH11 of August 5, 2002 of the first session of the XIth National Assembly of the Socialist Republic of Vietnam, prescribing the list of ministries and ministerial-level agencies of the Government;

Pursuant to the Government’s Decree No. 86/2002/ND-CP of November 5, 2002 defining the functions, tasks, powers and organizational structures of the ministries and ministerial-level agencies;

At the proposals of the Minister of Health and the Minister of the Interior,

DECREES:

Article 1.- Position and functions

The Ministry of Health is a governmental agency performing the function of State management over the care and protection of the people’s health, including the following domains: preventive medicine, medical examination and treatment, functional rehabilitation, traditional medicine, human preventive and curative medicines, cosmetics affecting human health, food safety and hygiene and medical equipment; State management of public services in the domains under its management and representation of the owner of State capital portions in State-invested enterprises under its management according to the provisions of law.

Article 2.- Tasks and powers

The Ministry of Health shall have to perform the tasks and exercise the powers stated in the Government’s Decree No. 86/2002/ND-CP of November 5, 2002 defining the functions, tasks, powers and organizational structures of the ministries and ministerial-level agencies and also the following specific tasks and powers:

1. To submit to the Government or the Prime Minister bills, draft ordinances and other draft legal documents on the care and protection of the people’s health;

2. To submit to the Government or the Prime Minister strategies, plannings, long-term, five-year and annual plans on the care and protection of the people’s health, as well as important works and projects of the Ministry of Health;

3. To promulgate according to its competence decisions, directives and circulars falling under the scope of its State management;

4. To direct, guide, inspect, and take responsibility for, the implementation of legal documents, strategies, plannings, plans and national programs after they are approved, and other legal documents falling under the scope of its management; to conduct propagation and dissemination of, and education in, laws and information on the care and protection of the people’s health;

5. Guiding the ministries, the ministerial-level agencies, the agencies attached to the Government and the People’s Committees of the provinces and centrally-run cities in implementing the undertakings, policies and law provisions related to the care and protection of the people’s health.

6. Regarding preventive medicine:

a/ To submit to the Prime Minister for approval plannings and technical distribution of the system of preventive medicine and the system of border medical quarantine.

b/ To set professional and technical branch standards in the domains: infectious and non-infectious diseases, HIV/AIDS; accidents and injuries, school health, labor health and occupational diseases; public nutrition; drinking and daily-life water hygiene and safety; vaccines and medical bio-products; assorted chemicals, disinfectants and insecticides in the medical domain; primary health care and on health communication and education; conditions for production and trading in vaccines and medical bio-products. To direct and supervise the implementation thereof;

c/ To submit to the Prime Minister for decision or prescribe according to its competence special measures to stamp out epidemics and organize the implementation thereof;

d/ To assume the prime responsibility and coordinate with the concerned ministries and branches in categorizing and classifying preventive medicine establishments;

e/ To assume the prime responsibility and coordinate with the ministries and branches in preventing and combating natural disasters, rendering first aid and treatment to victims;

f/ To coordinate with the Ministry of Finance in submitting to the Prime Minister for decision the list of medicines, vaccines, bio-products and medical equipment on national reserves and organize the implementation thereof;

g/ To act as a permanent body in charge of HIV/AIDS in the National Committee for Prevention and Combat of HIV/AIDS, Drug and Prostitution Evils.

7. Regarding medical examination and treatment as well as functional rehabilitation:

a/ To submit to the Prime Minister plannings and technical distribution of the network of medical examination and treatment, functional rehabilitation, expertise (medical expertise, forensic medicine and psychiatric examination);

b/ To submit to the Prime Minister for prescription the conditions, criteria, processes and procedures for establishment, merger and dissolution of public hospitals;

c/ To assume the prime responsibility and coordinate with the concerned ministries and branches in evaluating and submitting to the Prime Minister for decision the establishment, merger and dissolution of public general hospitals and specialized hospitals at the central level;

d/ To assume the prime responsibility and coordinate with the ministries, the branches and the provincial/municipal People’s Committees in evaluating the schemes on establishment or upgrading of hospitals of the ministries, the branches, the provinces or centrally-run cities according to the provisions of law so that the ministries, branches and People’s Committees of such provinces or centrally- run cities can make decisions thereon;

e/ To set professional and technical conditions, criteria and regulations on medical examination, treatment, care, convalescence, functional rehabilitation, plastic and cosmetic surgery, expertise (medical expertise, forensic medicine and psychiatric examination), traditional medicine, protection of the health of priority subjects as prescribed by law; reproductive health care and the provision of family planning services. To direct, guide and inspect medical examination and treatment as well as functional rehabilitation establishments;

f/ To assume the prime responsibility and coordinate with the concerned ministries and branches in categorizing and classifying public medical examination and treatment establishments;

g/ To set the conditions and criteria for the private medical examination and treatment practice. To uniformly manage the granting and withdrawal of the certificates of the practice of medical examination and treatment and the certificates of satisfaction of the practicing conditions of private, semi-public, people-founded and foreign-invested medical examination and treatment establishments according to the provisions of law;

To coordinate with the Ministry of Culture and Information in prescribing information on and advertisements for medical examination and treatment, functional rehabilitation, traditional medicine, food, and medical equipment affecting human health;

g/ To prescribe the lists of: medicines, surgeries, operations, and subclinical tests for which payment is required for people with compulsory medical insurance, medical insurance for the poor and people with meritorious services to the country when they undergo medical examination and/or treatment.

To assume the prime responsibility and coordinate with the Ministry of Finance in setting the bracket of premiums and insurance amounts for voluntary medical insurance.

8. Regarding traditional medicine:

a/ To prescribe the measures to strengthen the network of medical services practicing traditional medicine, to combine traditional medicine with modern medicine in disease prevention, medical examination and treatment as well as functional rehabilitation, to train traditional medicine personnel, conduct scientific research into traditional medicine and produce traditional medicaments;

b/ To promulgate professional and medical regulations on health care with traditional medicine;

c/ To set the conditions and criteria for the practice of traditional medicine. To uniformly manage the granting and withdrawal of the certificates of private traditional medicine practice and the certificates of satisfaction of the practicing conditions of private, semi-public, people-founded and foreign-invested traditional medicine practicing establishments.

9. Regarding medicines and cosmetics:

a/ To set criteria and conditions for organizations and individuals permitted to produce, circulate and import medicines and raw materials thereof;

b/ To prescribe the regimes of production, circulation, use and storing of toxic drugs, addictive, excitement- and psychiatric inhibition-causing drugs and substances;

c/ To direct, guide and supervise the management of cosmetics which affect human health;

d/ To compile national pharmaceutical dictionaries and build up national pharmaceutical archives;

e/ To coordinate with the Ministry of Culture and Information in prescribing information on, advertisements for, and introduction of, medicines, vaccines, medical bio-products and cosmetics which directly affect human health;

f/ To uniformly manage the granting and withdrawal of the certificates of private pharmaceutical practice and the certificates of satisfaction of the practicing conditions of medicine-producing, circulating and/or distributing establishments.

10. Regarding food safety and hygiene:

a/ To promulgate according to its competence the food safety and hygiene standards, processes and technical procedures for ensuring food safety and hygiene;

b/ To uniformly manage the granting and withdrawal of the certificates of satisfaction of food safety and hygiene standards;

c/ To have the responsibility to direct, guide and inspect the implementation of the regulations on food safety and hygiene.

11. Regarding medical equipment and facilities:

a/ To prescribe the list and technical standards of equipment for medical establishments, medical and pharmaceutical schools and colleges as well as medical technical equipment schools;

b/ To coordinate with the Ministry of Construction in promulgating the model designs of medical facilities according to their technical distribution;

c/ To evaluate according to its competence investment projects on building medical facilities;

d/ To decide on investment projects under the scope of its management;

e/ To set conditions for the manufacture of medical equipment.

12. Regarding the training of health workers

a/ To direct the compilation of programs and materials for training of health workers, including the professional and technical training contents and programs of local medical colleges and intermediate schools, and uniformly manage the contents of such programs according to the regulations of the Ministry of Education and Training;

b/ To manage the Medical and Pharmaceutical Universities according to the regulations of the Government and the Prime Minister.

13. To organize and direct the implementation of the plans on scientific research and application of scientific and technological results in the medical, pharmaceutical and medical equipment domains;

14. To enter into international cooperation in the domains of care and protection of the people’s health according to the provisions of law;

15. To evaluate and supervise the implementation of investment projects in the domains under its management according to the provisions of law;

16. To decide on specific undertakings and measures and direct the implementation of the operational mechanism of public-service organizations in the domains of care and protection of the people’s health;

17. To manage and direct the activities of non-business organizations attached to the Ministry;

18. To perform the specific tasks and powers of the representative of the owner of State capital portions in State-invested enterprises operating in the health sector under its management according to the provisions of law;

19. To perform the State management over the activities of associations and non-governmental organizations in the domains of care and protection of the people’s health according to the provisions of law;

20. To inspect and supervise the preventive medicine work, medical examination and treatment, functional rehabilitation, medical equipment and facilities, the implementation of the law provisions on food safety and hygiene; to settle complaints and denunciations, to combat corruption, negative acts and wastefulness and handle law-breaking acts in the domains of care and protection of the people’s health according to its competence;

21. To decide on, and direct the implementation of, its administrative reform program according to the objectives and contents of the State administrative reform program already approved by the Prime Minister;

22. To manage its organizational apparatus and payroll; to appoint, relieve from duty, commend and/or reward and discipline officials, public employees and servants falling under the scope of its management; to provide professional training and fostering for officials, public employees and servants in the domains of care and protection of the people’s health;

23. To manage its assigned finance and assets and organize the execution of its allocated budget according to the provisions of law.

Article 3.- The organizational structure of the Ministry of Health

a/ Organizations assisting the Minister in performing the State management function:

1. The Therapy Department;

2. The Traditional Medicine Department;

3. The Reproductive Health Department;

4. The Medical Equipment and Facilities Department;

5. The Science and Training Department;

6. The International Cooperation Department;

7. The Planning and Finance Department;

8. The Legal Department;

9. The Organization and Personnel Department;

10. The Office;

11. The Inspectorate;

12. The Preventive Medicine and HIV/AIDS Prevention and Combat Department;

13. Vietnam Pharmaceutical Management Administration;

14. The Food Safety and Hygiene Administration.

b/ Non-business units attached to the Ministry:

1. The Friendship Hospital;

2. The Thong Nhat Hospital;

3. Da Nang Hospital C;

4. Hospital E;

5. Thai Nguyen Central General Hospital;

6. Hue Central General Hospital;

7. Cho Ray Hospital;

8. Bach Mai Hospital;

9. Vietnam-Germany Friendship Hospital;

10. Hospital K;

11. The Endocrinology Hospital;

12. The Central Psychiatrics Hospital 1 (Thuong Tin - Ha Tay);

13. The Central Psychiatrics Hospital 2 (Bien Hoa - Dong Nai);

14. The Central Convalescence and Functional Rehabilitation Hospital (Sam Son - Thanh Hoa);

15. The Central Pediatrics Hospital;

16. The Central Gyneo-Obstetric Hospital;

17. The Central Traditional Medicine Hospital;

18. The Acupuncture Hospital;

19. The Central Tuberculosis and Lung Diseases Hospital;

20. The Central Ophthalmology Hospital;

21. The Central Otorhinolaryngology Hospital;

22. The Ho Chi Minh City Faxio-Maxillo-Dentology Hospital;

23. The Marine Medicine Institute;

24. The Central Hygiene and Epidemiology Institute;

25. The Ho Chi Minh City Public Health Hygiene Institute;

26. The Central Highlands Hygiene and Epidemiology Institute;

27. The Ho Chi Minh City Pasteur Institute;

28. The Nha Trang Pasteur Institute;

29. The Central Malaria - Parasitology - Insectology Institute;

30. The Quy Nhon Malaria - Parasitology - Insectology Institute

31. The Ho Chi Minh City Malaria - Parasitology - Insectology Institute;

32. The Labor Medicine and Environmental Sanitation Institute;

33. The Nutritional Institute;

34. The Pharmaceutical Materials Institute;

35. The Medical Expertise Institute;

36. The Central Forensic Medicine Institute;

37. The Health Strategy and Policy Institute;

38. Hanoi Medical University;

39. Hanoi Pharmaceutical University;

40. Ho Chi Minh City Medical and Pharmaceutical University;

41. Thai Binh Medical University;

42. Hai Phong Medical University;

43. The Public Health University;

44. The Faxio-Maxillo-Dentology University;

45. Can Tho Medical and Pharmaceutical University;

46. The Informatics Center;

47. The Health and Life Newspaper;

48. The Medical Practice Review;

49. The Pharmacy Review.

The Minister of Health shall assume the prime responsibility and coordinate with the Minister of the Interior in elaborating a scheme on re-structuring other non-business units and submit it to the Prime Minister for decision.

Article 4.- Implementation effect

This Decree takes implementation effect 15 days after its publication in the Official Gazette and replaces the Government’s Decree No. 68/CP of October 11, 1993 defining the functions, tasks, powers and organizational structure of the Ministry of Health, and other regulations contrary to this Decree.

Article 5.- Implementation responsibilities

The Minister of Health, the other ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.