What are details of Circular 17/2024/TT-BYT on classification criteria, conditions for establishment, consolidation, merger, and dissolution of public service providers in the health sector in Vietnam?
What are details of Circular 17/2024/TT-BYT on classification criteria, conditions for establishment, consolidation, merger, and dissolution of public service providers in the health sector in Vietnam?
On September 30, 2024, the Minister of Health of Vietnam issued Circular 17/2024/TT-BYT stipulating the criteria for classification, conditions for establishment, merger, consolidation, dissolution of public service providers in the health sector, including: preventive medicine; medical examination, treatment, and rehabilitation; medical, forensic, psychiatric examination; traditional medicine and pharmacy; medical equipment; pharmaceuticals and cosmetics; food safety; population and reproductive health; and other public services under the state management of the Ministry of Health.
Circular 17/2024/TT-BYT does not apply to units operating in the health sector under the Ministry of Public Security and the Ministry of National Defense of Vietnam.
Circular 17/2024/TT-BYT takes effect in Vietnam from November 15, 2024.
What are details of Circular 17/2024/TT-BYT on classification criteria, conditions for establishment, consolidation, merger, and dissolution of public service providers in the health sector in Vietnam? (Image from the Internet)
Classification criteria for public service providers in the health sector in Vietnam
According to Article 6 of Circular 17/2024/TT-BYT, the criteria for classification of public service providers in the health sector in Vietnam are as follows:
[1] Classification by function and task
- Public service units serving state management include:
+ Strategic and policy research
+ Information and propaganda of the Communist Party’s directives and State laws
+ Research, application, and development of information technology, digital transformation, and public service activities supporting state management functions in the health sector according to legal regulations
- Public service units providing public services in the health sector include:
+ Preventive medicine
+ Medical examination, treatment, and rehabilitation
+ Medical, forensic, psychiatric examination
+ Traditional medicine and pharmacy
+ Medical equipment
+ Pharmaceuticals and cosmetics
+ Food safety
+ Population and reproductive health
+ Other public services under the state management of the Ministry of Health
- Public service units serving state management and providing public services are units performing one or several of the above-mentioned functions and tasks.
Note: The determination of the type of public service provider is based on the functions and tasks approved by the competent authority.
[2] Classification by financial autonomy level
- Public service units fully self-financing recurrent and investment expenditures- Public service units fully self-financing recurrent expenditures- Public service units partially covering their recurrent expenditures- Public service units whose recurrent expenditures are financed by the State
Note: The determination of the financial autonomy level of public service providers in the health sector specified in this clause is implemented according to Decree 60/2021/ND-CP and relevant legal provisions.
[3] Classification by the authority authorized to establish
- Public service units established under the authority of the Government of Vietnam
- Public service units established under the authority of the Minister of Health
- Public service units established under the authority of the People's Committees of provinces and centrally affiliated cities
- Public service units established by other entities as prescribed by law
What is a public service provider?
According to Article 9 of Public Employees Law 2010, as amended by Clause 1, Article 2 of Amendment Law on Public Employees and Officials 2019, public service providers and the organizational structure for managing the activities of public service providers are regulated as follows:
Article 9. Public service providers and the organizational structure for managing the activities of public service providers
1. A public service provider is an organization established by a competent authority of the State, a political organization, or a socio-political organization in accordance with the law, with legal personality, providing public services, and serving state management.
2 .Public service providers include:
a) Public service providers fully granted autonomy over performing tasks, finances, organizational structure, and personnel (hereafter referred to as fully autonomous public service providers);b) Public service providers not fully granted autonomy over performing tasks, finances, organizational structure, and personnel (hereafter referred to as non-fully autonomous public service providers).
3. The Government of Vietnam details the classification criteria for public service providers specified in Clause 2 of this Article for each public sector field; the transformation of public service providers to enterprise models, except for public service providers in the health and education sectors; management policies for public service providers ensuring streamlined and effective principles.
Therefore, a public service provider is an organization established by a competent authority of the State, a political organization, or a socio-political organization according to the law, with legal personality, providing public services, and serving state management.
