Decree 95/2022/ND-CP 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^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies; and the Government’s Decree No. 101/2020/ND-CP of August 28, 2020, amending and supplementing a number of articles of Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;

At the proposal of the Minister of Health,

The Government promulgates the Decree defining the functions, tasks, powers and organizational structure of the Ministry of Health.

Article 1. Position and functions                                                                                                

The Ministry of Health is a governmental agency, performing the function of state management of health, covering preventive medicine; medical examination and treatment, functional rehabilitation; medical assessment, forensic examination and psychiatric forensic; traditional medicine and pharmacy; medical equipment and facilities; pharmaceuticals and cosmetics; food safety; health insurance; population; reproductive health; and state management of public services under its state management.

Article 2. Tasks and powers

The Ministry of Health shall perform the tasks and exercise the powers defined in the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies, and Decree No. 101/2020/ND-CP, amending and supplementing a number of articles of Decree No. 123/2016/ND-CP, and the following specific tasks and powers:

1. To submit to the Government draft laws and resolutions of the National Assembly, draft ordinances and resolutions of the National Assembly Standing Committee, draft decrees of the Government under the Ministry’s approved annual legislative programs and plans, and projects and schemes as assigned by the Government or Prime Minister; to submit to the Government or Prime Minister development strategies and master plans and long-term, medium-term and annual plans and national important health - population programs, projects and works under its state management.

2. To submit to the Prime Minister drafts of decisions, directives and other documents concerning the sectors and fields under its state management or as assigned to it.

3. To promulgate circulars, decisions, directives and other documents on the state management of the sectors and fields under its state management.

4. To direct, guide, and organize the implementation of, legal documents, strategies, master plans, plans, national target programs, national important programs, projects and works after they are approved; to examine, review, systematize, popularize, disseminate and educate about the law on and monitor law implementation in the fields under its state management.

5. Regarding preventive medicine:

a/ To formulate and promulgate according to its competence, or submit to competent authorities for promulgation, professional regulations, national standards, national technical regulations, econo-technical norms regarding surveillance, prevention and control of infectious diseases, HIV/AIDS, non-uninfectious diseases, occupational diseases, accidents and injuries; immunization; biosafety at medical laboratories; border health quarantine; environmental sanitation and health, occupational hygiene and school health and hygiene; community nutrition; prevention and control of tobacco harms; prevention and control of harms of liquor and beer abuse; quality of clean water for residential use; management of chemicals, insecticides and germicides for domestic and medical use;

b/ To promulgate, modify and supplement lists of infectious diseases of different groups, a list of infectious diseases subject to vaccination or compulsory use of medical biologicals, and organize vaccination and compulsory use of medical biologicals for target groups in accordance with law;

c/ To assume the prime responsibility for, and coordinate with related ministries and sectors in, promulgating or revising health standards for each occupation or job, a list of diseases that require long-term treatment and of which patients are entitled to sickness benefits, and a list of occupational diseases of which patients are entitled to occupational disease benefits in Vietnam;

d/ To organize surveillance of infectious diseases, uninfectious diseases, diseases with unknown causes, health risks and other public health issues; early detection of infectious diseases that can develop into epidemics and announcement of occurrence and termination of epidemics in accordance with law; to assume the prime responsibility for, and coordinate with related agencies in, providing accurate and timely information about infectious diseases;

dd/ To submit to competent authorities for decision or to decide according to its competence on application of special anti-epidemic measures; to inspect, urge and support units and localities in organizing the application of anti-epidemic measures; to plan and organize the response to public health-related emergency circumstances;

e/ To guide and carry out border health quarantine at border gates; to promptly inform and report on dangerous infectious diseases and public health issues around the world for proactive prevention and control;

g/ To manage, guide and organize the implementation of working environment monitoring activities at working establishments; to direct working environment monitoring activities in industrial parks and clusters with a high risk of occupational diseases; to assess, control and manage harmful factors at the workplace; to build a working environment monitoring database, and announce working environment monitoring organizations qualified for working environment monitoring operation and those suspended from such operation in accordance with law;

h/ To guide according to its competence the management of occupational health and health check for workers, medical examination to detect occupational diseases, and management of health of workers at the workplace; to assume the prime responsibility for managing the grant of certificates of professional qualifications in occupational health and training in first aid and emergency aid at the workplace in accordance with law;

i/ To direct and guide the organization of primary health care for people in communities;

k/ To appraise eligibility for, grant, re-grant or revoke, certificates of satisfaction of level-III and level-IV biosafety standards for testing laboratories other than those managed by the Ministry of National Defense;

l/ To grant, re-grant, supplement, extend, suspend or revoke circulation registration numbers, import licenses and certificates of free sale of chemicals, insecticides and germicides for domestic and medical use; to issue receipt slips of dossiers of declaration of eligibility for performance of testing and assay of chemicals, insecticides and germicides for domestic and medical use; to grant written certifications of contents of advertisements for chemicals, insecticides and germicides for domestic and medical use in accordance with law;

m/ To organize the grant, re-grant, modification and revocation of certificates of eligibility for HIV-positive confirmation testing, and terminate the operation of HIV-positive confirmation testing of health establishments under the Ministry of Health and other ministries and sectors; 

n/ To designate regulation conformity certification organizations for tobacco; to grant, suspend, revoke or re-grant receipt slips of written declarations of regulation conformity for tobacco in accordance with law;

o/ To manage and guide the treatment of opioid and tobacco addiction nationwide;

p/ To direct, guide, examine and inspect the observance of professional regulations and national technical regulations on preventive medicine nationwide;

q/ To direct and guide the implementation and examine and evaluate HIV/AIDS prevention and control activities nationwide.

6. Regarding medical examination and treatment and functional rehabilitation, medical assessment, forensic examination and psychiatric forensic:

a/ To formulate and promulgate according to its competence, or submit to competent authorities for promulgation, professional regulations, national standards and technical regulations, econo-technical norms on and quality criteria for medical examination and treatment, blood transfusion safety, convalescence, functional rehabilitation, clinical nutrition, bacteria contamination control; plastic surgery; human tissue and organ donation, removal and transplantation; medical assessment, forensic examination and psychiatric forensic in accordance with law;

b/ To approve the master plan on the system of professional medical examination and treatment establishments; to provide in detail professional and technical levels for medical examination and treatment establishments;

c/ To manage the grant, re-grant and revocation of practice certificates and operation licenses for medical examination and treatment; to organize the grant, modification, re-grant and revocation of medical examination and treatment practice certificates for people working at medical examination and treatment establishments of the Ministry of Health and other ministries (except the Ministry of National Defense), foreigners practicing medical examination and treatment in Vietnam; to grant, modify, re-grant and revoke operation licenses for medical examination and treatment establishments of the Ministry of Health, private hospitals or hospitals of other ministries (except the Ministry of National Defense) in accordance with law;

d/ To appraise and permit medical examination and treatment establishments to apply new techniques and methods for the first time in Vietnam in accordance with law;

dd/ To grant certificates of contents of advertisements for medical examination and treatment activities falling under its competence in accordance with law;

e/ To assume the prime responsibility for, and coordinate with related ministries and sectors in, performing the state management of prices of medical examination and treatment services in accordance with law; 

g/ To direct, guide, examine and inspect the implementation of legal documents, professional regulations and national standards and technical regulations on medical examination and treatment, functional rehabilitation, plastic surgery, medical assessment, forensic examination and psychiatric forensic.

7. Regarding traditional medicine and pharmacy:

a/ To formulate and promulgate or submit to competent authorities for promulgation professional regulations and national standards and technical regulations on traditional medicine and pharmacy;

b/ To formulate and submit to competent authorities for promulgation mechanisms and policies on inheritance, conservation, development and modernization of traditional medicine and pharmacy and the combination of traditional and modern medicine and pharmacy;

c/ To formulate and promulgate the list of precious, rare or endemic medicinal material species and varieties subject to control; to develop medicinal material culture and cultivation zones and apply measures to conserve and reasonably and sustainably exploit and use medicinal material sources;

d/ To grant, modify, re-grant or revoke traditional medicine practice certificates for people working at medical examination and treatment establishments of the Ministry of Health and other ministries (except the Ministry of National Defense) and foreigners practicing traditional medicine in Vietnam; to grant, modify, re-grant or revoke operation licenses for medical examination and treatment establishments applying traditional medicine of the Ministry of Health, private traditional medicine hospitals or traditional medicine hospitals of other ministries (except the Ministry of National Defense) in accordance with law;

dd/ To grant, extend, modify or revoke certificates of circulation registration of medicinal materials and traditional drugs in accordance with law; to grant, re-grant or modify contents of or revoke certificates of eligibility for pharmaceutical trading for medicinal material and traditional drug trading establishments; and certificates of good agriculture and collection practices (GACP) in accordance with law;

e/ To grant or re-grant written certifications of contents of advertisements for traditional medicine practice in accordance with law and certificates of contents of information and advertisements for traditional drugs, and modify contents of information and advertisements for traditional drugs in accordance with law;

g/ To direct, guide, examine and inspect the implementation of mechanisms, policies, legal documents, professional regulations and national technical regulations on traditional medicine and pharmacy, and the combination of traditional and modern medicine and pharmacy.

8. Regarding medical equipment, instruments and works:

a/ To formulate and submit to competent authorities for promulgation, or promulgate according to its competence, national standards and technical regulations, strategies, policies and plans on medical equipment and instruments;

b/ To promulgate detailed provisions guiding standards and use norms for special-use machinery and equipment serving non-business health activities; to promulgate the list of medical equipment and instruments subject to inspection and the inspection process for each type of the listed medical equipment or instrument;

c/ To grant, suspend or revoke circulation numbers of medical equipment and instruments; to grant or revoke certificates of free sale of medical equipment; to issue and publicize documents on revocation of medical equipment and instrument classification results; to grant import licenses for medical equipment and instruments; to publicize information and dossiers of declaration of materials used for manufacturing medical equipment and instruments and substances containing narcotics and precursors.

d/ To publicize information and dossiers of declaration of eligibility for provision of medical equipment technical consultancy services; to grant, re-grant, supplement or revoke certificates of registration for medical equipment inspection within its assigned management in accordance with law;

dd/ To guide and publicize on its portal information on medical equipment and instrument prices declared by enterprises; winning bids for medical equipment and instrument procurement of state health establishments nationwide; and the list of medical equipment and instruments whose circulation numbers have been revoked;

e/ To assume the prime responsibility for, and coordinate with related agencies in, directing, guiding, examining and inspecting the implementation of legal documents, national standards and technical regulations on medical equipment and instruments;

g/ To assume the prime responsibility for, and coordinate with related agencies in, formulating and promulgating technical regulations and design standards of medical works and design standards of specialized departments and units in medical works.

9. Regarding pharmaceuticals and cosmetics:

a/ To formulate and promulgate, or submit to competent authorities for promulgation, professional regulations and national technical regulations on pharmaceuticals and cosmetics, and national standards on drugs; to issue and update the Pharmacopoeia of Vietnam and the Vietnamese National Drug Formulary;

b/ To promulgate the list of drugs and pharmaceutical materials on the list of substances banned from use in a number of sectors and fields; list of medicines and medicine materials subject to special control; list of orphan drugs; list of essential medicines; list of non-prescription medicines; list of domestically manufactured medicines to meet the treatment, price and supply requirements; list of medicines subject to bidding; list of medicines subject to centralized bidding; and list of medicines subject to price negotiation; 

c/ To grant, extend, modify, supplement or revoke certificates of free sale of drugs and drug materials; drug, drug material and primary package import and export licenses; to grant certificates of pharmaceutical products to drug traders in accordance with law; to approve orders for purchase of addictive drugs, psychotropic drugs, precursor drugs, drug materials being addictive pharmaceutical ingredients, psychotropic pharmaceutical ingredients, or precursors used as drugs;

d/ To grant pharmaceutical practice certificates through examinations, re-grant, modify or revoke these certificates; certificates of eligibility for pharmaceutical trading for drug and drug material manufacturers, drug and drug material exporters and importers, drug and drug material storage services providers, drug and drug material testing service providers; and drug clinical trial service providers, drug bioequivalence trial service providers; certificates of drug, drug material and primary package good manufacturing practices (GMP), certificates of drug and drug material good laboratory practices (GLP), certificates of drug and drug material good storage practices (GSP), certificates of drug good clinical practices (GCP) in accordance with law; to publicize the list of foreign drug and drug material manufacturers and traders registering to supply drugs and drug materials in Vietnam; to evaluate the satisfaction of good manufacturing practices by foreign drug and drug material manufacturers upon making registration of sale in Vietnam in accordance with law;

dd/ To grant or revoke receipt numbers of imported cosmetic product declaration slips; to approve modification of contents already posted on cosmetic product declaration slips; to grant, re-grant, modify and revoke certificates of cosmetics good manufacturing practices (CGMP) in accordance with law;

e/ To manage the quality of drugs, drug materials and cosmetics; to decide on suspending the sale of or recalling drugs, drug materials and cosmetics in accordance with law; to coordinate with related agencies in preventing and fighting the manufacturing and sale of counterfeit and poor-quality drugs, drug materials and cosmetics and those of unknown origin, and the smuggling of drugs, drug materials and cosmetics in accordance with law;

g/ To organize the drug and pharmacovigilance information system; to grant, re-grant or modify contents of certificates of drug information and certificates of contents of drug advertisements in accordance with law;

h/ To assume the prime responsibility for, and coordinate with the Ministry of Finance and other ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees in, managing and publicizing drug prices in accordance with law;

i/ To guide the bidding of drugs to serve disease prevention, examination and treatment funded by the state budget or covered by the health insurance fund and other lawful revenue sources from health establishments; to organize the centralized procurement of drugs at national level and assume the prime responsibility for negotiations on drug prices in accordance with law;

k/ To direct, guide, organize and inspect to ensure the rational, safe and effective use of drugs;

l/ To direct, guide and inspect the implementation of regulations on pharmaceuticals and cosmetics.

10. Regarding food safety:

a/ To assume the prime responsibility for formulating or promulgating national technical regulations on food products in the fields under its management; to promulgate national technical regulations or regulations on safety limits for product groups as requested by line ministries; to promulgate the list of additives permitted for use in food;

b/ To formulate and submit to competent authorizes for promulgation regulations on conditions to ensure food safety applicable to establishments producing and trading in functional food, natural mineral water, bottled drinking water, instant ice, micronutrients for use as food supplements, food additives, flavorings, food processing aids, packaging tools and materials used as food containers in direct contact with food, collective kitchens, restaurants in hotels and tourist resorts, restaurants, food and drink catering establishments and street food vendors;

c/ To assume the prime responsibility for communication, dissemination and education about knowledge and law on food safety within the scope of its management;

d/ To assume the prime responsibility for, and coordinate with related ministries and sectors in, building a food safety incident warning system; to provide in detail the declaration of food safety incidents; to organize the supervision and analysis of risks, prevention, investigation and coordination in prevention of food poisoning and remediation of food safety incidents within the scope of its management;

dd/ To manage food safety throughout the process of manufacturing, preliminary processing, processing, preservation, transportation, export, import and trading of food products, including food additives, food processing aids, bottled drinking water, natural mineral water, instant ice, micronutrients, functional food and other foodstuffs in accordance with law; to manage food safety for packaging tools and materials used as food containers in direct contact with food throughout the process of food manufacturing, processing and trading in the fields under its management;

e/ To organize the receipt and management of dossiers, issue receipt slips for registration of product declaration for healthy food, mixed food additives with new uses, food additives not yet on the list of food additives permitted for use in food or food additives intended for improper use purposes against its regulations; to grant certificates of contents of advertisements for healthy food; to grant certificates of free sale for food products in the fields under its management; to grant medical certificates and other certificates for exported food products when so requested by organizations and individuals in accordance with law;

g/ To grant certificates of satisfaction of food safety conditions for establishments producing or trading in mixed food additives with new uses, food additives not yet on the list of food additives permitted for use in food or food additives intended for improper use purposes  against its regulation; to grant or re-grant certificates of satisfaction of food safety conditions for establishments meeting good manufacturing practice (GMP) requirements for healthy food
in accordance with law;

h/ To designate establishments to carry out food testing to serve the state management, establishments to carry out testing and verification within the scope of its management; to designate establishments to carry out arbitral testing and make final conclusions when there is a difference between testing results of food testing establishments of or not of the health sector;

i/ To designate agencies to carry out the state inspection of imported food safety for products under its management;

k/ To direct, guide, organize, examine and inspect the implementation of legal documents, national standards and national technical regulations on food safety within the scope of its state management;

l/ To sum up and make statistics and regular and extraordinary reports on food safety management based on the supervision and summarization of reports of line ministries and localities.

11. Regarding population and reproductive health:

a/ To formulate and submit to competent authorities for promulgation policies on population, covering population size, structure and quality;

b/ To formulate and promulgate, or submit to competent authorities for promulgation, national standards on population, family planning, reproductive health and elderly health; to formulate and promulgate systems of population, reproductive health and elderly health targets and indicators; to provide professional regulations and national technical regulations on population, family planning, reproductive health care services and community-based elderly health care services;

c/ To permit the provision of counseling services by population, family planning, community-based elderly health care counseling service providers in accordance with law;

d/ To appraise and decide to recognize health establishments to perform in-vitro fertilization and surrogacy techniques for humanitarian purposes; to decide to permit health establishments to perform gender re-assignment in accordance with law;

dd/ To direct, guide and examine the implementation of legal documents, professional regulations, national technical regulations, policies, programs and projects on population, family planning, reproductive healthcare and community-based elderly health care.

12. Regarding health insurance:

a/ To formulate and promulgate, or submit to competent authorities for promulgation, legal documents, mechanisms and policies on health insurance;

b/ To assume the prime responsibility for, and coordinate with related ministries and sectors in, promulgating lists of drugs, chemicals, medical supplies and technical services that the insured are entitled to and rates and conditions for enjoyment of their insurance benefits;

c/ To promulgate basic health service packages covered by the Health Insurance Fund;

d/ To promulgate professional and technical regulations and regulations on medical examination and treatment process and patient referral related to insured medical examination and treatment;

dd/ To assume the prime responsibility for, and coordinate with the Ministry of Finance in, promulgating prices of insurance-covered medical examination and treatment services for uniform application by same-class hospitals nationwide;

e/ To formulate and submit to competent authorities for promulgation solutions to ensure the balance of the Health Insurance Fund;

g/ To direct, guide, organize and examine the implementation of regulations on health insurance by health establishments and other organizations and individuals.

13. Regarding environmental protection in health activities:

a/ To formulate and promulgate regulations on medical waste management and environmental protection within premises of health establishments and sanitation in the burial and cremation of bodies of people who died of dangerous epidemics;

b/ To direct and guide the implementation of regulations on control of impacts of environmental pollution on human health: determination and publicization of limits of pollutants in the human body likely to affect human health; to identify, assess, warn, monitor and detect symptoms and causes of diseases and human health problems directly related to pollutants, measures to protect human health against impacts of the climate change, environmental pollution and adverse environmental factors; to manage, make statistics on, share and publicize information on diseases related to pollutants; to assess expenses and economic losses caused by diseases, and health problems related to environmental pollution; to formulate, guide and organize the implementation of measures to monitor and prevent diseases and human health problems caused by pollutants; to manage, share, exchange and publicize information on pollutants likely to affect human health in accordance with law;

c/ To direct and guide the assessment of the scope, subjects and impact levels of environmental incidents on human health; to prevent and respond to environmental incidents caused by dangerous infectious diseases; to take measures to prevent and mitigate impacts of environmental incidents on human health;

d/ To direct, guide, examine and inspect the implementation of regulations on classification, collection, storage and management of medical wastes and other wastes, environmental protection within premises of health establishments and sanitation in the burial or cremation of bodies of people died of dangerous epidemics in accordance with law.

14. Regarding management of public employees in the health, pharmacy and population sector:

a/ To formulate, promulgate, amend and supplement regulations on professional title standards of public employees in the health, pharmacy and population sector after consulting the Ministry of Home Affairs;

b/ To guide working positions of leaders, managers and professional titles in the health, pharmacy and population sector, structure of public employees based on professional titles and quantity norms of personnel working in public non-business health units after consulting the Ministry of Home Affairs;

c/ To assume the prime responsibility for, and coordinate with related agencies in, formulating, amending and supplementing and promulgating specific regulations on standards and conditions for examination or consideration for promotion of professional title ranks of public employees in the health, pharmacy and population sector, and contents, forms and determination of passers thereof after consulting the Ministry of Home Affairs; organize the examination or consideration for promotion of professional title ranks of public employees in the health, pharmacy and population sector in accordance with law;

d/ To assume the prime responsibility for, and coordinate with related agencies in, formulating and submitting to competent authorities for promulgation, amendment or supplementation entitlements and preferential policies applicable to public employees in the health, pharmacy and population sector;

dd/ To provide in detail training contents, programs, forms and period for public employees in the health, pharmacy and population sector based on their professional title standards, and organize the implementation thereof.

15. Regarding health personnel training:

a/ To formulate and promulgate according to its competence, or submit to competent authorities for promulgation, strategies for and plans on health personnel training, and special mechanisms and policies applicable to health personnel training, and guide the implementation thereof;

b/ To formulate and promulgate professional qualification standards to serve as a basis for formulating and developing training program standards, output standards of health personnel training programs at all levels; to coordinate with the Ministry of Education and Training and Ministry of Labor, Invalids and Social Affairs in formulating training program standards, output standards for each discipline or level of health personnel training;

c/ To formulate and promulgate conditions for assurance of quality of and output standards for health sector-specific training specialties and continuous training of human resources for the health sector;

d/ To manage the training in health sector-specific specialties and continuous training of human resources for the health sector in accordance with law;

dd/ To guide, examine and assess according to its competence the implementation of regulations on health personnel training; examine and review the satisfaction of requirements on organization of training and practice for practice facilities of health personnel training institutions;

e/ To provide and guide the organization of examinations for grant of practice certificates in the health sector in accordance with law.

16. Regarding science and technology in the health sector:

a/ To formulate and submit to competent authorities for promulgation mechanisms, policies, strategies and plans on scientific research and technology development and innovation in the fields under its state management;

b/ To manage, guide and carry out biomedical researches on humans;

c/ To guide and examine the implementation of regulations on performance of scientific and technological tasks; to transfer technology and popularize and apply scientific research and technology development results in the fields under its management; to manage and use scientific and technological resources in the fields under its management;

d/ To organize the implementation of regulations on intellectual property and innovative activities under its management;

dd/ To manage formulation and promulgation of national technical regulations in the health sector in accordance with law; to guide, monitor and manage the popularization and application of national standards and national technical regulations in the health sector;

e/ To organize the implementation of agreements on technical barriers to trade (TBT) in the health sector.

17. Regarding information technology:

a/ To formulate, promulgate or submit to competent authorities for promulgation strategies for and plans on the information technology application and development, information safety and digital transfer in the health sector;

b/ To formulate, promulgate or submit to competent authorities for promulgation professional regulations, technical process, national standards and national technical regulations on information technology application and development and digital transfer in the health sector and assurance of health information safety in the cyber environment;

c/ To formulate, maintain, update, and organize the implementation of, its e-government architecture toward digital government; to formulate, manage, maintain, update and ensure security and safety of health information systems and national health database, health information systems; to manage, connect and share digital health data in accordance with law;

d/ To direct, guide, organize and examine the implementation of strategies for, and plans, technical regulations and process on information technology application and development, artificial intelligence application, digital transformation in the health sector, assurance of cyber security and safety of health information systems nationwide in accordance with law.

18. To formulate programs and plans on, and direct, guide, organize and examine the health communication and education work and provision of information about the health sector’s activities.

19. To perform the state management of public services in the fields and sectors under its state management in accordance with law; to formulate and submit to competent authorities for promulgation or promulgate according to its competence mechanisms and policies on provision of public non-business services in the health sector; to promulgate econo-technical norms applicable to State-managed public non-business services in the health sector; to set quality criteria and standards of non-business services in the health sector, mechanisms for supervision, assessment and inspection of quality of non-business services in the health sector and operation efficiency of public non-business health units.

20. To assume the prime responsibility for, and coordinate with related agencies in, carrying out the disaster prevention and control, and providing emergency aid and treatment for disaster victims.

21. To plan and organize national reserves of medicines, chemicals, medical equipment and instruments, and epidemic and disaster prevention and control equipment according to the list of national reserves decided by the Government and in accordance with law.

22. To manage associations and non-governmental organizations operating in the fields under its state management in accordance with law.

23. To work out, and direct the implementation of, its own administrative reform plan in line with objectives and contents of the Government’s overall state administrative reform program.

24. To manage the organizational apparatus and state payroll of civil servants and number of public employees, working positions, structure of civil servant ranks, structure of public employees by professional titles; to decide on rotation, transfer, appointment, relief from duty, dismissal, resignation, secondment, commendation, disciplining and  retirement, implementation of the salary regime and preferential treatment and training and further training of cadres, civil servants, public employees and workers under its management in accordance with law.

25. To undertake international cooperation in the fields under its state management in accordance with law.

26. To manage finances and property assigned to it and organize the implementation of allocated budget funds in accordance with law; to manage the Fund for Prevention and Control of Tobacco Harms in accordance with law.

27. To inspect and examine the implementation of regulations and settle complaints, denunciations and petitions related to the fields under its state management; to prevent and fight corruption and handle violations in the fields under its state management in accordance with law.

28. To formulate and promulgate the system of statistical indexes and reporting regime applicable to the health sector in accordance with law; to collect, synthesize, analyze, manage and archive statistical information on the health sector; to establish a national database of the health sector.

29. To perform other tasks assigned and exercise other powers vested by the Government or Prime Minister or as provided by law.

Article 3. Organizational structure

1. The Department of Health Insurance.

2. The Department of Maternal Health and Children.

3. The Department of Organization and Personnel.

4. The Department of Planning and Finance.

5. The Department of Legal Affairs.

6. The Department of International Cooperation.

7. The Ministry Office.

8. The Ministry Inspectorate.

9. The Administration of Science, Technology and Training.

10. The General Department of Preventive Medicine.

11. The Vietnam Administration of HIV/AIDS Control.

12. The Health Environment Management Agency.

13. The Department of Medical Services Administration.

14. The Agency of Traditional Medicine Administration.

15. The Drug Administration of Vietnam.

16. The Vietnam Food Administration.

17. The Department of Medical Equipment and Works.

18. The General Office for Population.

19. The Health Strategy and Policy Institute.

20. The National Health Information Center.

21. The Health and Lifestyle Newspaper.

The organizations referred to in Clauses 1 thru 18 of this Article are those assisting the Minister in performing the state management functions; the organizations referred to in Clauses 19 thru 21 of this Article are subordinate non-business units, performing the state management functions of the Ministry of Health.

The Department of Planning and Finance may organize 5 divisions.

The Minister of Health shall submit to the Prime Minister for promulgation the list of other subordinate non-business units of the Ministry of Health.

The Minister of Health shall provide functions, tasks, powers and organizational structures of organizations attached to the Ministry of Health.

Article 4. Effect

This Decree takes effect on November 15, 2022.

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

The General Department of Population, Department of Medical Equipment and Health Works, Department of Information Technology, and Journal of Pharmacology may continue performing their functions and tasks, exercising their powers, and maintaining their organizational structures under current regulations until the Minister of Health decides to provide functions, tasks, powers and organizational structures of the General Office for Population, Department of Medical Equipment and Works and National Health Information Center under the Ministry of Health.

Article 5. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
PHAM BINH MINH