THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 117/2014/ND-CP
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Hanoi, December
08, 2014
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DECREE
ON
COMMUNE-LEVEL HEALTHCARE
Pursuant to the Law on Government Organization dated
December 25, 2001;
Pursuant to the Law on Prevention and Control of
Infectious Diseases dated November 21, 2007;
Pursuant to the Law on Health Insurance dated
November 14, 2008;
Pursuant to the Law on Medical Examination and
Treatment dated November 23, 2009;
Pursuant to the Law on Public Employees dated
November 15, 2010;
At the request of the Minister of Health,
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Article 1. Scope
This Decree provides for organization, function, duties,
operating conditions and personnel of healthcare in communes, wards and towns
(hereinafter collectively referred to as “communes”).
Article 2. Organization,
functions and duties of commune-level healthcare
1. Healthcare organizations
established in communes (hereinafter referred to as “commune-level healthcare
stations”) are healthcare units affiliated to healthcare centers of districts
(hereinafter referred to as "district-level healthcare centers").
2. The function of
commune-level healthcare stations is to provide primary healthcare for people
in their communes.
3. Commune-level healthcare
stations have the following duties:
a) Perform specialized operations concerning
preventive medicine, medical examination and treatment, use of traditional
medicine in medical treatment and preventive healthcare; reproductive
healthcare; provision of essential medicines; community health management; and
health education according to guidelines from supervisory authorities and
regulations of laws;
b) Provide professional and operational guidelines
for village health workers;
c) Cooperate with relevant regulatory bodies in
population and family planning within their communes;
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dd) Operate as standing units of commune-level
healthcare commissions for protection, maintenance and improvement of health of
people in their communes;
e) Perform other tasks assigned by directors of
district-level healthcare centers and Chairpersons of commune-level People’s
Committees.
Article 3. Conditions for
operation of commune-level healthcare
Commune-level healthcare stations shall have their
own establishments, facilities, equipment, drugs, budgets and other factors
necessary for fulfillment of the duties specified in Clause 3 Article 2 of this
Decree.
Article 4. Commune-level
healthcare personnel
1. Workers of commune-level
healthcare stations are public employees.
2. Employees of a
commune-level healthcare station are included in the headcount of its
supervisory district-level healthcare center. The headcount for each work
position is determined based on the workload and actual demand and situation of
each commune.
3. Regarding conclusion of
contracts with employees of commune-level healthcare stations according to
regulations in the Law on Public Employees:
a) For healthcare officials working in healthcare
stations according to Clause 1 Article 3 of the Prime Minister’s Decision No.
58/TTg dated February 03, 1994 on organization and benefits for healthcare at
grassroots level (hereinafter referred to as “Decision No. 58/TTg”); and
Article 2 of the Prime Minister’s Decision No. 131/TTg dated March 04, 1995
amending a number of Points of the Decision No. 58/TTg (hereinafter referred to
as “Decision No. 131/TTg”), their managing bodies shall sign working contracts
with an indefinite term with them as prescribed by law if they meet the
requirements of their work positions;
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For those who have worked at least 36 months in commune-level
healthcare stations (up until the effective date of this Decree) and meet the
quality and professional capacity requirements of their work positions and
titles, they may be preferentially recruited according to regulations in Point
a Clause 1 Article 14 of the Government’s Decree No. 29/2012/ND-CP dated April
12, 2012 on recruitment, employment and management of public employees. Their
managing bodies shall sign working contracts with an indefinite term with them
as prescribed by law.
Those who have worked for less than 36 months in
healthcare stations (up until the effective date of this Decree) shall be
recruited according to regulations in the Law on Public Employees;
c) For public employees recruited after the
effective date of this Decree, their managing bodies shall sign working
contracts with them according to regulations in the Law on Public Employees;
d) The number of employees working under working
contracts according to regulations in Points a, b and c shall not exceed the
headcount approved by the competent authority and regulated by Clause 2 of this
Article.
4. The Ministry of Health
shall take charge and cooperate with the Ministry of Home Affairs in inspecting
and expediting compliance with regulations on conclusion of contracts with
employees of commune-level healthcare stations provided for in Clause 3 Article
4 of this Decree.
Article 5. Effect
1. This Decree takes effect
from January 31, 2015.
2. The Decision No. 58/TTg and
Decision No. 131/TTg are annulled from the effective date of this Decree.
Article 6. Implementing
responsibilities
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2. Provincial People’s
Committees shall:
a) Implement this Decree;
b) Direct Departments of Health to cooperate with
other relevant departments and regulatory bodies in providing guidelines on
conclusion of labor contracts with employees of commune-level healthcare
stations for district-level healthcare centers as prescribed in Clause 3
Article 4 of this Decree and in the Law on Public Employees and guidelines
thereof;
c) Allocate funding for investment in
infrastructure and equipment, and funding for operation of commune-level
healthcare stations as prescribed by law;
d) Provide guidelines on recruitment, employment
and management of employees of commune-level healthcare stations as authorized,
and ensure job title structure is suitable to the demand of their region and
planning for their province’s development;
dd) Direct district-level People’s Committees to
cooperate with Departments of Health in improving healthcare in their
provinces, with a focus on epidemic prevention and surveillance by healthcare
units, which include commune-level healthcare stations.
3. Ministers, heads of ministerial-level
agencies, heads of Governmental agencies, Chairpersons of People’s Committees
of provinces and central-affiliated cities shall implement this Decree./.
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PP. THE
GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung