Criteria for classifying public healthcare service providers in Vietnam from November 15, 2024

Criteria for classifying public healthcare service providers in Vietnam from November 15, 2024 (Image from the internet)

On September 30, 2024, the Minister of Health issued Circular 17/2024/TT-BYT stipulating the criteria for classification, conditions for establishment, merger, consolidation, and dissolution of public healthcare service providers in Vietnam.

Criteria for classifying public healthcare service providers in Vietnam from November 15, 2024

According to Article 6 of Circular 17/2024/TT-BYT stipulating the criteria for classifying public healthcare service providers in Vietnam from November 15, 2024:

(1) Classification by function and mission:

- Public service units serving state management include: strategic and policy research; information and dissemination of the Communist Party's directives, and laws of the state; research and development of information technology, digital transformation, and other public service activities serving state management functions in the healthcare sector as per the law;

- Public service units providing public services in the healthcare sector specified in Article 1 of Circular 17/2024/TT-BYT;

- Public service units serving state management and providing public services shall perform one or more functions and tasks as stipulated above.

The identification of the type of public service unit in this clause is based on the functions and tasks approved by the competent authority.

(2) Classification by degree of financial autonomy:

- Public service units ensuring both recurrent expenditure and investment costs;

- Public service units ensuring recurrent expenditure only;

- Public service units partially covering their own recurrent expenditures;

- Public service units whose recurrent expenditures are covered by the state.

The determination of the financial autonomy level of public service units in the healthcare sector specified in this clause is carried out according to regulations in Decree 60/2021/ND-CP.

(3) Classification by the competent authority for establishment:

- Public service units established by the authority of the Government of Vietnam;

- Public service units established by the authority of the Minister of Health;

- Public service units established by the authority of the People's Committees of provinces and centrally run cities;

- Public service units established by other entities as stipulated by law.

Conditions for establishment of public service providers in the field of healthcare from November 15, 2024

The establishment of public healthcare service providers shall comply with the provisions of points a, c, d, dd clause 1 Article 5 Decree 120/2020/ND-CP and other conditions as stipulated by relevant laws. Specifically:

- Must align with the national sectoral planning or the network planning of public service providers (if any) approved by the competent authority;

- Must meet the conditions for establishment as prescribed by specialized laws;

- Clearly define the objectives, functions, and tasks of the unit providing public services and serving state management;

- Ensure a minimum of 15 working persons (except for public service units providing essential public services established according to specialized laws).

For public service units self-ensuring recurrent expenditure and public service units self-ensuring both recurrent expenditure and investment, during their establishment, the minimum number of working persons is determined based on the Establishment Scheme. For public service units self-ensuring both recurrent expenditure and investment, operating under an enterprise mechanism, the minimum number of working persons includes both public employees and professionals on labor contract policies.

For public service units abroad, the number of working persons is approved by the Prime Minister of the Government of Vietnam in the Establishment Scheme.

- Must have office premises or an approved land allocation plan for office construction (in case of new office construction); necessary initial equipment; and resources and operational funding as stipulated by law.

(Article 3 of Circular 17/2024/TT-BYT)

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