Conditions for establishing a public health service provider in Vietnam

Conditions for establishing a public health service provider in Vietnam
Dương Châu Thanh

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

Conditions for establishing a public health service provider in Vietnam

The establishment of a public health service provider in Vietnam is conducted in accordance with the regulations in points a, c, d, dd of clause 1 Article 5 of Decree 120/2020/ND-CP and other relevant legal conditions.

To be specific, the conditions for establishing a public service provider as mentioned in points a, c, d, dd of clause 1 Article 5 of Decree 120/2020/ND-CP are as follows:

- It must be in line with the national sector plan or the network plan of public service providers (if any) approved by the competent authority;

- It must clearly define the objectives, functions, and tasks of the public service provider, serving state management;

- It must ensure a minimum workforce of 15 people (excluding public service providers providing basic and essential public services established under specific legal regulations).

For public service providers that self-secure regular expenditures, and public service providers that self-secure regular and investment expenditures, upon establishment, the minimum number of employees as public employees shall be determined according to the Establishment Scheme.

For public service providers that self-secure regular and investment expenditures and operate under the enterprise mechanism, the minimum workforce includes public employees and professionals according to labor contract policies.

For overseas public service providers, the workforce is approved by the Prime Minister of the Government of Vietnam in the Establishment Scheme of the public service provider.

- There must be an office or an approved land allocation plan for office construction by the competent authority (in case of new office construction); necessary initial equipment; human resources, and operating funds as per legal regulations.

Circular 17/2024/TT-BYT will take effect in Vietnam from November 15, 2024.

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