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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
49/2003/ND-CP
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Hanoi,
May 15, 2003
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DECREE
DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL
STRUCTURE OF THE MINISTRY OF HEALTH
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to Resolution No. 02/2002/QH11 of August 5, 2002 of the first session
of the XIth National Assembly of the Socialist Republic of Vietnam, prescribing
the list of ministries and ministerial-level agencies of the Government;
Pursuant to the Government’s Decree No. 86/2002/ND-CP of November 5, 2002
defining the functions, tasks, powers and organizational structures of the
ministries and ministerial-level agencies;
At the proposals of the Minister of Health and the Minister of the Interior,
DECREES:
Article 1.- Position and functions
The Ministry of Health is a governmental agency
performing the function of State management over the care and protection of the
people’s health, including the following domains: preventive medicine, medical
examination and treatment, functional rehabilitation, traditional medicine,
human preventive and curative medicines, cosmetics affecting human health, food
safety and hygiene and medical equipment; State management of public services
in the domains under its management and representation of the owner of State
capital portions in State-invested enterprises under its management according
to the provisions of law.
Article 2.- Tasks and powers
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1. To submit to the Government or the Prime
Minister bills, draft ordinances and other draft legal documents on the care
and protection of the people’s health;
2. To submit to the Government or the Prime
Minister strategies, plannings, long-term, five-year and annual plans on the
care and protection of the people’s health, as well as important works and
projects of the Ministry of Health;
3. To promulgate according to its competence
decisions, directives and circulars falling under the scope of its State
management;
4. To direct, guide, inspect, and take
responsibility for, the implementation of legal documents, strategies,
plannings, plans and national programs after they are approved, and other legal
documents falling under the scope of its management; to conduct propagation and
dissemination of, and education in, laws and information on the care and
protection of the people’s health;
5. Guiding the ministries, the ministerial-level
agencies, the agencies attached to the Government and the People’s Committees
of the provinces and centrally-run cities in implementing the undertakings,
policies and law provisions related to the care and protection of the people’s
health.
6. Regarding preventive medicine:
a/ To submit to the Prime Minister for approval
plannings and technical distribution of the system of preventive medicine and
the system of border medical quarantine.
b/ To set professional and technical branch
standards in the domains: infectious and non-infectious diseases, HIV/AIDS;
accidents and injuries, school health, labor health and occupational diseases;
public nutrition; drinking and daily-life water hygiene and safety; vaccines
and medical bio-products; assorted chemicals, disinfectants and insecticides in
the medical domain; primary health care and on health communication and
education; conditions for production and trading in vaccines and medical
bio-products. To direct and supervise the implementation thereof;
c/ To submit to the Prime Minister for decision
or prescribe according to its competence special measures to stamp out
epidemics and organize the implementation thereof;
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e/ To assume the prime responsibility and
coordinate with the ministries and branches in preventing and combating natural
disasters, rendering first aid and treatment to victims;
f/ To coordinate with the Ministry of Finance in
submitting to the Prime Minister for decision the list of medicines, vaccines,
bio-products and medical equipment on national reserves and organize the
implementation thereof;
g/ To act as a permanent body in charge of
HIV/AIDS in the National Committee for Prevention and Combat of HIV/AIDS, Drug
and Prostitution Evils.
7. Regarding medical examination and treatment
as well as functional rehabilitation:
a/ To submit to the Prime Minister plannings and
technical distribution of the network of medical examination and treatment,
functional rehabilitation, expertise (medical expertise, forensic medicine and
psychiatric examination);
b/ To submit to the Prime Minister for
prescription the conditions, criteria, processes and procedures for
establishment, merger and dissolution of public hospitals;
c/ To assume the prime responsibility and
coordinate with the concerned ministries and branches in evaluating and
submitting to the Prime Minister for decision the establishment, merger and dissolution
of public general hospitals and specialized hospitals at the central level;
d/ To assume the prime responsibility and
coordinate with the ministries, the branches and the provincial/municipal
People’s Committees in evaluating the schemes on establishment or upgrading of
hospitals of the ministries, the branches, the provinces or centrally-run
cities according to the provisions of law so that the ministries, branches and
People’s Committees of such provinces or centrally- run cities can make decisions
thereon;
e/ To set professional and technical conditions,
criteria and regulations on medical examination, treatment, care,
convalescence, functional rehabilitation, plastic and cosmetic surgery,
expertise (medical expertise, forensic medicine and psychiatric examination),
traditional medicine, protection of the health of priority subjects as
prescribed by law; reproductive health care and the provision of family
planning services. To direct, guide and inspect medical examination and
treatment as well as functional rehabilitation establishments;
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g/ To set the conditions and criteria for the
private medical examination and treatment practice. To uniformly manage the
granting and withdrawal of the certificates of the practice of medical
examination and treatment and the certificates of satisfaction of the
practicing conditions of private, semi-public, people-founded and
foreign-invested medical examination and treatment establishments according to
the provisions of law;
To coordinate with the Ministry of Culture and Information
in prescribing information on and advertisements for medical examination and
treatment, functional rehabilitation, traditional medicine, food, and medical
equipment affecting human health;
g/ To prescribe the lists of: medicines,
surgeries, operations, and subclinical tests for which payment is required for
people with compulsory medical insurance, medical insurance for the poor and
people with meritorious services to the country when they undergo medical
examination and/or treatment.
To assume the prime responsibility and
coordinate with the Ministry of Finance in setting the bracket of premiums and
insurance amounts for voluntary medical insurance.
8. Regarding traditional medicine:
a/ To prescribe the measures to strengthen the
network of medical services practicing traditional medicine, to combine
traditional medicine with modern medicine in disease prevention, medical
examination and treatment as well as functional rehabilitation, to train
traditional medicine personnel, conduct scientific research into traditional
medicine and produce traditional medicaments;
b/ To promulgate professional and medical
regulations on health care with traditional medicine;
c/ To set the conditions and criteria for the
practice of traditional medicine. To uniformly manage the granting and
withdrawal of the certificates of private traditional medicine practice and the
certificates of satisfaction of the practicing conditions of private,
semi-public, people-founded and foreign-invested traditional medicine practicing
establishments.
9. Regarding medicines and cosmetics:
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b/ To prescribe the regimes of production,
circulation, use and storing of toxic drugs, addictive, excitement- and
psychiatric inhibition-causing drugs and substances;
c/ To direct, guide and supervise the management
of cosmetics which affect human health;
d/ To compile national pharmaceutical
dictionaries and build up national pharmaceutical archives;
e/ To coordinate with the Ministry of Culture
and Information in prescribing information on, advertisements for, and
introduction of, medicines, vaccines, medical bio-products and cosmetics which
directly affect human health;
f/ To uniformly manage the granting and
withdrawal of the certificates of private pharmaceutical practice and the
certificates of satisfaction of the practicing conditions of
medicine-producing, circulating and/or distributing establishments.
10. Regarding food safety and hygiene:
a/ To promulgate according to its competence the
food safety and hygiene standards, processes and technical procedures for
ensuring food safety and hygiene;
b/ To uniformly manage the granting and
withdrawal of the certificates of satisfaction of food safety and hygiene
standards;
c/ To have the responsibility to direct, guide
and inspect the implementation of the regulations on food safety and hygiene.
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a/ To prescribe the list and technical standards
of equipment for medical establishments, medical and pharmaceutical schools and
colleges as well as medical technical equipment schools;
b/ To coordinate with the Ministry of
Construction in promulgating the model designs of medical facilities according
to their technical distribution;
c/ To evaluate according to its competence
investment projects on building medical facilities;
d/ To decide on investment projects under the
scope of its management;
e/ To set conditions for the manufacture of
medical equipment.
12. Regarding the training of health workers
a/ To direct the compilation of programs and
materials for training of health workers, including the professional and
technical training contents and programs of local medical colleges and
intermediate schools, and uniformly manage the contents of such programs
according to the regulations of the Ministry of Education and Training;
b/ To manage the Medical and Pharmaceutical
Universities according to the regulations of the Government and the Prime
Minister.
13. To organize and direct the implementation of
the plans on scientific research and application of scientific and
technological results in the medical, pharmaceutical and medical equipment
domains;
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15. To evaluate and supervise the implementation
of investment projects in the domains under its management according to the provisions
of law;
16. To decide on specific undertakings and
measures and direct the implementation of the operational mechanism of
public-service organizations in the domains of care and protection of the
people’s health;
17. To manage and direct the activities of
non-business organizations attached to the Ministry;
18. To perform the specific tasks and powers of
the representative of the owner of State capital portions in State-invested
enterprises operating in the health sector under its management according to
the provisions of law;
19. To perform the State management over the
activities of associations and non-governmental organizations in the domains of
care and protection of the people’s health according to the provisions of law;
20. To inspect and supervise the preventive
medicine work, medical examination and treatment, functional rehabilitation,
medical equipment and facilities, the implementation of the law provisions on
food safety and hygiene; to settle complaints and denunciations, to combat corruption,
negative acts and wastefulness and handle law-breaking acts in the domains of
care and protection of the people’s health according to its competence;
21. To decide on, and direct the implementation
of, its administrative reform program according to the objectives and contents
of the State administrative reform program already approved by the Prime
Minister;
22. To manage its organizational apparatus and
payroll; to appoint, relieve from duty, commend and/or reward and discipline
officials, public employees and servants falling under the scope of its
management; to provide professional training and fostering for officials,
public employees and servants in the domains of care and protection of the
people’s health;
23. To manage its assigned finance and assets
and organize the execution of its allocated budget according to the provisions
of law.
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a/ Organizations assisting the Minister in
performing the State management function:
1. The Therapy Department;
2. The Traditional Medicine Department;
3. The Reproductive Health Department;
4. The Medical Equipment and Facilities
Department;
5. The Science and Training Department;
6. The International Cooperation Department;
7. The Planning and Finance Department;
8. The Legal Department;
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10. The Office;
11. The Inspectorate;
12. The Preventive Medicine and HIV/AIDS
Prevention and Combat Department;
13. Vietnam Pharmaceutical Management
Administration;
14. The Food Safety and Hygiene Administration.
b/ Non-business units attached to the Ministry:
1. The Friendship Hospital;
2. The Thong Nhat Hospital;
3. Da Nang Hospital C;
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5. Thai Nguyen Central General Hospital;
6. Hue Central General Hospital;
7. Cho Ray Hospital;
8. Bach Mai Hospital;
9. Vietnam-Germany Friendship Hospital;
10. Hospital K;
11. The Endocrinology Hospital;
12. The Central Psychiatrics Hospital 1 (Thuong
Tin - Ha Tay);
13. The Central Psychiatrics Hospital 2 (Bien
Hoa - Dong Nai);
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15. The Central Pediatrics Hospital;
16. The Central Gyneo-Obstetric Hospital;
17. The Central Traditional Medicine Hospital;
18. The Acupuncture Hospital;
19. The Central Tuberculosis and Lung Diseases
Hospital;
20. The Central Ophthalmology Hospital;
21. The Central Otorhinolaryngology Hospital;
22. The Ho Chi Minh City Faxio-Maxillo-Dentology
Hospital;
23. The Marine Medicine Institute;
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25. The Ho Chi Minh City Public Health Hygiene
Institute;
26. The Central Highlands Hygiene and
Epidemiology Institute;
27. The Ho Chi Minh City Pasteur Institute;
28. The Nha Trang Pasteur Institute;
29. The Central Malaria - Parasitology -
Insectology Institute;
30. The Quy Nhon Malaria - Parasitology -
Insectology Institute
31. The Ho Chi Minh City Malaria - Parasitology
- Insectology Institute;
32. The Labor Medicine and Environmental
Sanitation Institute;
33. The Nutritional Institute;
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35. The Medical Expertise Institute;
36. The Central Forensic Medicine Institute;
37. The Health Strategy and Policy Institute;
38. Hanoi Medical University;
39. Hanoi Pharmaceutical University;
40. Ho Chi Minh City Medical and Pharmaceutical
University;
41. Thai Binh Medical University;
42. Hai Phong Medical University;
43. The Public Health University;
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45. Can Tho Medical and Pharmaceutical
University;
46. The Informatics Center;
47. The Health and Life Newspaper;
48. The Medical Practice Review;
49. The Pharmacy Review.
The Minister of Health shall assume the prime
responsibility and coordinate with the Minister of the Interior in elaborating
a scheme on re-structuring other non-business units and submit it to the Prime
Minister for decision.
Article 4.- Implementation effect
This Decree takes implementation effect 15 days
after its publication in the Official Gazette and replaces the Government’s
Decree No. 68/CP of October 11, 1993 defining the functions, tasks, powers and
organizational structure of the Ministry of Health, and other regulations
contrary to this Decree.
Article 5.- Implementation responsibilities
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai