26 Tasks and powers of the Department of Health in Vietnam

26 Tasks and powers of the Department of Health in Vietnam (Internet image)

This content is prescribed in Circular 37/2021/TT-BYT guiding the functions, tasks, and powers of the Department of Health under the People's Committee of the province and city directly under the Central Government and the Health Department under the People's Committee of the district, township, provincial cities and centrally run cities promulgated by the Minister of Health.

The position and function of the Department of Health in Vietnam

The Department of Health is a specialized agency under the People's Committee of the province, with the function of advising and assisting the People's Committee of the province in the state management of health, including the following areas: Preventive medicine; medical examination and treatment; Rehabilitation; medical assessment, forensic medicine, forensic psychiatry; traditional medicine and pharmacy; Reproductive Health; Medical equipment; pharmacy; cosmetics; food safety; Health Insurance; and population and public services in the health sector as prescribed by law.

The Department of Health has legal status, its own seal, and its own account; it submits to the direction and management of the organization, staffing, and operation of the provincial People's Committee; and at the same time, it submits to the direction, guidance, examination, and inspection of expertise of the Ministry of Health.

26 Tasks and powers of the Department of Health in Vietnam

1. Submit to the People's Committee of the province

- Draft decision of the provincial People's Committee related to the fields under the management of the Department of Health and other documents as assigned by the provincial People's Committee;

- Draft plan for development of the health sector, programs, schemes, projects, and measures to organize the implementation of tasks in the health sector in the province within the scope of management of the Department of Health;

- Draft decision on decentralization and authorization to perform state management tasks in health for Departments of Health and People's Committees of districts, agencies, and organizations in accordance with law;

- Draft decision specifying the functions, tasks, powers, and organizational structure of the Department of Health; functions, tasks, powers and organizational structure of the branch and public non-business units under the Department of Health;

- Draft decision on implementation of socialization of public non-business service provision activities in the health sector under the authority of the People's Committee of the province and according to the decentralization of the superior state agency.

2. Submit to the President of the Provincial People's Committee draft documents falling within the promulgation competence of the President of the Provincial People's Committee according to the assignment of local health care work.

3. Organize the implementation of legal documents, plans, programs, schemes, projects, and other documents on health after they are approved; information, propaganda, guidance, dissemination, and education of the law; and monitoring of law enforcement in the fields according to the state management tasks of the Department of Health.

4. Receive dossiers and certify advertising contents for special products, goods, and services under the state management of the Department of Health in accordance with law.

5. Regarding preventive medicine

- Direct, guide, and evaluate the implementation of professional regulations and national technical regulations on prevention and control of infectious diseases and HIV/AIDS, non-communicable diseases, occupational diseases, accidents, and injuries; identification of drug addiction, prevention and treatment of addiction to opiates and other narcotic substances; environmental health, climate change, school health, hygiene, and occupational health; community nutrition; border medical quarantine; waste management in medical facilities; management of insecticidal and germicidal chemicals and preparations used in household and medical fields in the province;

- Direct and organize the surveillance of infectious diseases and HIV/AIDS, non-communicable diseases, diseases of unknown cause, risk factors affecting health, and other public health issues; early detection and treatment of infectious diseases causing epidemics; notify the people of the epidemic situation according to the provisions of law; advise the People's Committee of the province on the announcement of the epidemic and the announcement of the end of the epidemic according to the provisions of law;

- Direct and organize the implementation of vaccination activities and the use of medical biological products for the subjects according to the provisions of law; organize the receipt of dossiers, publish information about establishments that have announced eligibility for vaccination on the website of the Department of Health in accordance with law;

- Receive the self-declaration of meeting biosafety standards from testing facilities; post a list of establishments that have self-declared meeting biosafety standards at levels I and II on the website of the Department of Health in accordance with law;

- Issue, adjust, and withdraw the certificate of eligibility for testing for affirmative HIV positive cases and suspend testing activities for affirmative HIV positive cases in accordance with law;

- Announce, re-announce, suspend, or cancel dossiers for announcement of establishments eligible for treatment of addiction to opiates with substitute drugs in accordance with law;

- Be the focal point for the prevention of harmful effects of tobacco, alcohol, and beer in the province and city;

- Stand on the Steering Committee for Epidemic Prevention and Control; Standing Provincial Steering Committee for HIV/AIDS Prevention and Control;

- Manage, guide, and organize the implementation of working environment monitoring activities at the workplace; assess, control, and manage factors harmful to health in the workplace; build a database on working environment monitoring activities; announce working environment monitoring organizations that are eligible for operation and environmental monitoring organizations that have been suspended from operation in accordance with law; advise the People's Committee of the province to promulgate local technical regulations on the quality of clean water used for domestic purposes and inspect and supervise the implementation according to the regulations;

- Guide according to its competence, the management of occupational hygiene, health examination of employees, examination and detection of occupational diseases, and management of workers' health at the workplace; manage the training for the grant of certificates of professional certification in occupational health; train in first aid and emergency at the workplace in accordance with law;

- Direct, guide, supervise, inspect, and inspect the implementation of professional regulations and national technical regulations in the field of preventive medicine in the province.

6. Regarding medical examination, treatment, and rehabilitation

- Direct, guide, and monitor the implementation of legal documents, professional and technical regulations, and national technical regulations on medical examination, treatment, rehabilitation, medical assessment, forensic assessment, and forensic psychiatric assessment according to management decentralization and technical classification;

- Issue, re-grant, extend, adjust, suspend, and withdraw practice certificates for medical examination and treatment practitioners; and grant, adjust, suspend, and revoke operation licenses for medical examination and treatment establishments in the area under their management in accordance with law;

- Appraise and approve the list of techniques to be carried out at medical examination and treatment establishments managed by the Department of Health according to decentralization and the regulations of the law;

- Allow medical examination and treatment facilities under their management to apply new techniques and methods according to the provisions of the law;

- Direct, guide, supervise, examine, and inspect the implementation of professional and technical regulations, including national technical regulations on medical examination, treatment, rehabilitation, medical assessment, forensic examination, and forensic psychiatric assessment in the province.

7. Regarding traditional medicine

- Direct the implementation, promotion, and combination of traditional medicine and pharmacy in disease prevention, medical examination, treatment, and functional rehabilitation;

- Direct, guide, and monitor the implementation of legal documents, professional and technical regulations, and national technical regulations for medical examination, treatment, and functional rehabilitation establishments using traditional medicine and pharmacy in the province according to decentralization;

- Issue, re-grant, adjust, suspend, and withdraw practice certificates for practitioners of traditional medicine examination and treatment; and grant, re-issue, adjust, suspend, and revoke operation licenses for traditional medicine medical examination and treatment establishments in accordance with law;

- Issue, re-issue, and withdraw certificates of people possessing traditional remedies or methods of treatment in the area under their management;

- Coordinate with relevant units in guiding the exploitation, cultivation, processing, and development of medicinal herbs according to regulations;

- Be the focal point to guide the implementation and inspect and evaluate the implementation of the provisions of the law on production, trading, processing, and quality of herbal ingredients and traditional drugs in the locality according to the decentralized competence. .

8. Regarding medicine and cosmetics

- Guide the implementation and monitoring of the quality of drugs, medicinal ingredients, and cosmetics in the locality. Direct and monitor the recall of drugs, medicinal ingredients, and cosmetics in accordance with the law;

- Issue, suspend, and withdraw practice certificates of pharmacy practitioners; grant, re-issue, adjust, and revoke certificates of eligibility for pharmacy business for drug wholesalers, drug-making establishments, and drug retailers according to decentralization and law provisions;

- Receive dossiers, process orders for purchase of narcotic drugs, psychotropic drugs, precursor drugs and purchase of medicinal ingredients that are narcotic active ingredients, psychotropic active ingredients, precursors used as drugs of drug wholesalers and retailers with business locations in the province, private medical examination and treatment establishments, research and testing establishments, medical and pharmaceutical training establishments, compulsory detoxification establishments, establishments that treat opiate addiction with substitute drugs, and establishments engaged in other non-commercial pharmacy activities located in the province; designate a drug wholesaler or retailer to conduct business or the pharmacy department of a medical examination and treatment establishment to transfer drugs subject to special control to ensure sufficient drugs for patients in case there is no business establishment of drugs subject to special control in accordance with law;

- Issue, re-grant, adjust, and withdraw the certificate of eligibility for cosmetic production for cosmetic manufacturing establishments in the area under their management; issue and withdraw cosmetic announcement numbers according to the provisions of law;

- Manage drug prices and bid for drugs in accordance with the law;

- Direct and guide the implementation of clinical pharmacy activities to ensure safety and effectiveness and other tasks according to their competence;

- Inspect, examine, and handle violations of the law on pharmaceuticals and cosmetics in the area under their management.

9. Regarding food safety

- Preside over, develop, and submit to competent authorities for promulgation local technical regulations on food safety for specific local food products under the management of the health sector in accordance with law;

- Supervise food quality and safety for food products under their management and establishments producing and trading food additives and food processing aids; tools, packaging materials, and containers in direct contact with food; bottled drinking water, natural mineral water; instant ice, ice used for food processing; functional foods; micronutrients added to food and other foods in the area as decentralized by the Ministry of Health;

- Receive and manage dossiers, issue certificates of registration of product announcements and certifications of advertising contents for medical nutritional products, foods for special diets, nutritional products for children up to 36 months old.

Organize the receipt of the product self-declaration; issue the Certificate of eligibility for food safety to establishments producing bottled drinking water, natural mineral water, instant ice, ice used for food processing, establishments producing dietary supplements, medical nutritional foods, foods for special diets, nutritional products for children up to 36 months old, additives, food processing aids, micronutrients added to food, other food production establishments that are not specified in the lists of the Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development, and food service businesses;

- Assume the prime responsibility for, and coordinate with relevant agencies in, food safety management in the locality; manage safety conditions for small-scale food production and trading establishments, street food, business establishments, catering services, and food safety at local markets and objects according to the management hierarchy;

- Stand on the Inter-sectoral Steering Committee on Food Safety in the Locality;

- Inspect, examine, and handle violations of the law on food safety in the area under their management.

10. Regarding medical equipment and facilities

- Guide, organize the implementation of the provisions of the law on management of medical equipment and medical works in the province;

- Receive dossiers, publicly publish information, and dossiers of announcement of establishments eligible to manufacture medical equipment, dossiers of announcement of establishments eligible to buy and sell medical equipment; publication numbers of standards applicable to medical equipment in categories A and B; dossiers of announcement of applicable standards; the list of medical equipment whose circulation number has been revoked in the province on the electronic portal on management of medical equipment;

- Examine, inspect, settle complaints and denunciations, and handle violations of the law in the field of medical equipment in the province.

11. Regarding population and reproductive health

- Organize the implementation of the system of indicators and indicators in the field of population - family planning; direct and guide the national technical regulations, professional and professional processes on population services, reproductive health care, and family planning;

- Perform state management of population size, structure, and quality in the area. Advise on solutions to adjust population size appropriately, control sex ratio at birth, improve population quality, and adapt to population aging;

- Preside over interdisciplinary coordination in the field of population, especially in communication work. Integrating population content in local socio-economic development master plans and plans;

- Organize the implementation and guide, inspect, supervise, and evaluate the implementation of policies, programs, schemes, and projects, models related to the fields of population, reproductive health care, and family planning;

- Decide to allow the practice of sex reassignment techniques and assisted reproductive techniques in accordance with law;

- Stand Standing Committee on Population Work of the Province

12. Regarding health insurance

- Propagate, disseminate, and guide the implementation of policies and laws on health insurance in the province according to their competence;

- Assume the prime responsibility for, and coordinate with the local Social Insurance agency in, inspecting, inspecting, and handling violations and settling complaints and denunciations in the implementation of policies and laws on health insurance in the province;

13. Regarding training and fostering health human resources

- Develop a regime to encourage the development of human resources for health - population in the province and issue training and retraining plans for cadres, civil servants, and public employees under their management;

- Organize the implementation of the plan for training and fostering human resources for health, - population and the regimes and policies on the development of health human resources in the province;

- Manage training and retraining institutions, teaching staff, and training programs and documents for cadres, civil servants, and public employees according to their competence;

- Inspect and examine the implementation of regimes and policies in the training and retraining of cadres, civil servants, and public employees according to their competence.

14. Regarding communication, providing medical information

- Implement communication and advocacy to create consensus at all levels of Party committees, authorities, and socio-political organizations and mobilize the support and active participation of the people in the protection, care, and improvement of people's health in the area;

- Direct and organize the implementation of communication and health education for the people; medical ethics, medical education, and patriotic emulation movements; studying and following Ho Chi Minh's moral and style example for medical staff in the area;

- Be the focal point for providing medical information; manage health information, coordinate with relevant agencies and units to handle the local health communication crisis; and comply with regulations on speaking and providing medical information as prescribed.

15. Assist the Provincial People's Committee in state management of health for enterprises, collective economic organizations, the private economy, associations, and NGOs engaged in activities in the local health sector as prescribed by law.

16. Implement the implementation of the administrative reform program in the health sector according to the objectives, tasks, and solutions of the state administrative reform program of the provincial People's Committee.

17. Implement international cooperation in the field of health as assigned or authorized by the People's Committee of the province.

18. Assist the People's Committee of the province in formulating plans for training and providing professional guidance on health; be responsible for providing professional guidance in the fields under the management of the Department of Health to the Health Department under the district-level People's Committee.

19. Organize research and application of scientific - technological achievements and innovation; build databases; manage and archive an information system in service of state management and professional expertise in the health sector.

20. Organize the implementation of the provisions of the law on prevention and combat of corruption and negativity; practice thrift, fight waste; examine, inspect, settle complaints and denunciations; and handle violations of the law according to its competence in the field of health and in the prevention and fight against corruption and waste in accordance with the law and as assigned or authorized by the People's Committee of the province.

21. Specify the functions, tasks, and powers of organizations under the Department in accordance with the functions, tasks, and powers of the Department of Health; specify the functions, tasks, powers, and organizational structure of public non-business units under the Department according to the decentralization of the provincial People's Committee.

22. Manage the organizational apparatus, civil servant payroll, civil servant rank structure, employment positions, and public employee structure by professional title and the number of people working in the units under and under the Department; implement the salary regime and policies, remuneration, reward, discipline, and quality assessment for civil servants, public employees, and employees under the management of the Department according to the provisions of law and as assigned, decentralized, or authorized by the People's Committee of the province.

23. Guide and inspect the implementation of the autonomy mechanism for public non-business units in the health sector in accordance with law; manage the operation of non-business units inside and outside the public sector in the health sector.

24. Manage finances and assets and organize the implementation of the assigned budget according to the provisions of law and as assigned, decentralized, or authorized by the People's Committee of the province.

25. Carry out the work of periodically and irregularly reporting information and reports on the performance of assigned tasks to the provincial-level People's Committees and the Ministry of Health.

26. Perform a number of other tasks assigned by the People's Committee and the President of the People's Committee of the province in accordance with the provisions of law.

Duong Chau Thanh

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