MINISTRY OF
HEALTH
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.:
43/2013/TT-BYT
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Hanoi, December
11, 2013
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CIRCULAR
PROVIDING FOR
TECHNICAL AND PROFESSIONAL LEVELS IN THE NETWORK OF HEALTH FACILITIES
Pursuant to the Law on Medical Examination and
Treatment dated November 23, 2009;
Pursuant to the Government’s Decree No.
63/2012/ND-CP dated August 31, 2012 defining functions, tasks, powers and
organizational structure of Ministry of Health;
At the request of Director of Administration of
Medical Examination and Treatment;
Minister of Health promulgates a Circular
providing for technical and professional levels in the network of health
facilities.
Article 1. Scope and regulated
entities
This Circular provides for technical and
professional levels, the list of medical techniques and corresponding technical
and professional levels, and the power to grant approval for the lists of
medical techniques in the network of health facilities.
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Article 2. Rules for
determination of technical and professional levels in the network of health
facilities
1. Determination of technical and professional
levels in the network of heath facilities refers to the classification of
health facilities into corresponding technical and professional levels laid
down in Article 81 of the Law on medical examination and treatment.
2. A health facility shall be classified into a
corresponding technical and professional level based on professional operation
requirements, its scope of operation, facilities, equipment, personnel and
capacity to perform medical techniques.
3. Determination of technical and professional
levels shall not adversely influence the technical development of any health
facilities.
Article 3. Technical
and professional levels
1. Central level (hereinafter referred to as “level
1”) includes the following health facilities:
a) Special-class hospitals;
b) Class-I hospitals affiliated to the Ministry of
Health;
c) Class-I hospitals affiliated to a Provincial
Department of Health or another Ministry and assigned by the Ministry of Health
to take charge of duties of the highest technical and professional level;
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a) Hospitals of class II or lower class and
affiliated to Ministry of Health;
b) Class-I and Class-II hospitals affiliated to
Provincial Departments of Health or other ministries, except the hospitals
prescribed in Point c Clause 1 of this Article;
3. District level (hereinafter referred to as
“level 3”) includes the following health facilities:
a) Hospitals of Class III, Class IV or unknown
class, district medical centers functioned to provide healthcare services in
areas where district hospitals are not established, and infirmaries of
provincial public security agencies;
b) Polyclinics, specialized clinics and maternity
wards.
4. Communal level (hereinafter referred to as
“level 4”) includes the following health facilities:
a) Medical stations of communes, wards or
commune-level towns;
b) Dispensaries or medical stations affiliated to
specific agencies or organizations;
c) Family doctor's clinics.
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a) The competent authority (affiliated to the
Ministry of Health of the Provincial Department of Health) that issues the
operating license to the private health facility shall make written decision on
technical and professional level of that private health facility based on its
capacity to perform medical techniques, scope of professional operations,
organizational structure, operating scope, facilities, equipment and personnel.
Article 4. List of medical
techniques
1. The List of medical techniques is promulgated
together with this Circular, including 28 specialties and the following
components:
a) Column 1: Specify ordinal numbers started at 01.
b) Column 2: Specify technical items and names of medical
techniques.
c) Column 3: Specify technical and professional
levels, including 4 sub-columns:
- Column 3A: Medical techniques provided at level
1.
- Column 3B: Medical techniques provided at level
2.
- Column 3C: Medical techniques provided at level
3.
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2. The list of medical techniques promulgated
together with this Circular includes medical techniques licensed to be adopted
in Vietnam. A medical technique may be adopted in different specialties/ departments
but herein classified in the most appropriate specialty.
3. The list of medical techniques herein shows
medical techniques adopted by each technical and professional level. A health
facility must be able to apply the majority of medical techniques of its
corresponding technical and professional level as classified.
4. Each health facility is encouraged to develop
their technical and professional capacity so as to be able to adopt medical
techniques of a higher level. Health facilities of a specific level should
limit the application of medical techniques which may be applied by health
facilities of lower levels.
Article 5. Compilation of lists
of medical techniques by health facilities
1. Based on the List of medical techniques
promulgated together with this Circular, each health facility shall compile its
own list of medical techniques and submit to the competent authority prescribed
in Article 6 hereof for consideration and approval. Such list of medical
techniques is compiled based on:
a) The scope of professional operations,
organizational structure, and operating scope of the health facility as
approved by a competent authority.
b) Facilities, medical equipment, personnel and
professional capacity of the health facility.
Article 6. Power to grant
approval for lists of medical techniques of health facilities
1. Minister of Health shall:
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b) Consider granting approval for lists of medical
techniques of health facilities prescribed in Point b Clause 2 of this Article.
2. Director of each Provincial Department of Health
shall:
a) Consider granting approval for lists of initial
and additional medical techniques of health facilities affiliated to that
Provincial Department of Health, health facilities affiliated to other ministries
and operating in this province, and private health facilities which operate
under license granted by that Provincial Department of Health, except health
facilities prescribed in Point b Clause 1 of this Article.
b) If a Provincial Department of Health is
incapable of carrying out professional appraisal of a list of medical
techniques which is under its competence, the Director of that Provincial
Department of Health shall request the Ministry of Health to carry out
appraisal and give approval.
Article 7. Documentation
submitted to apply for approval for list of initial medical techniques
1. The written request.
2. The minutes of the meeting of the technical and
professional board as prescribed in Article 9 hereof.
3. The list of medical techniques for which
approval is requested, including:
a) Medical techniques which have been applied and
the ones which will be applied by the health facility according to its
technical and professional level;
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c) Capacity profile of the health facility in terms
of its facilities, personnel and medical equipment; social – economic
efficiency and plan for application of medical techniques.
The list of medical techniques for which approval
is requested must be presented according to the structure (specialty, ordinal
number and name of medical technique) of the list of medical techniques
prescribed in Clause 1 Article 4 hereof.
Article 8. Documentation
submitted to apply for approval for list of additional medical techniques
1. The written request.
2. The minutes of the meeting of the technical and
professional board as prescribed in Article 9 hereof.
3. The list of additional medical techniques for
which approval is requested, including:
a) Prescribed medical techniques of its technical
and professional level to be added;
b) Medical techniques of a higher level to be added
because the health facility is capable of implementing them;
c) Capacity profile of the health facility in terms
of its facilities, personnel and medical equipment; social – economic
efficiency and plan for application of medical techniques.
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Article 9. Procedure for
granting approval for list of medical techniques
1. Health facilities are required to submit 01 set
of documents under the provisions of Article 7 or Article 8 hereof to the
Administration of Medical Examination and Treatment affiliated to the Ministry
of Health or the Provincial Department of Health. Particularly, health
facilities affiliated to the Ministry of Public Security shall submit 01 set of
documents to the Department of Health affiliated to the Ministry of Public
Security; health facilities affiliated to the Ministry of Transport shall
submit 01 set of documents to the Department of Health affiliated to the
Ministry of Transport.
2. Within a maximum period of 05 working days from
the receipt of such documentation which is submitted either by hand or by post
(based on the date specified in the official dispatch-received logbook), the
receiving agency is obliged to verify whether it is licit or illicit. As for
illicit documentation, the receiving agency shall send a written notification
of continuing to improve such documentation to the health facility applying for
approval for list of medical techniques. The written notification must detail
documents that need to be further provided and contents required to be amended
or modified. The health facility must make any change or modification in
conformity with the contents mentioned in this notification, and send the
changed or modified documentation to the receiving agency. In case the changed
or modified documentation remains unconformable to the statutory requirements,
the health facility is required to continue to improve its submitted
documentation.
3. Within a permitted period of 20 working days
from the date of receiving the licit documentation (based on the date specified
in the official dispatch-received logbook), the receiving agency is obliged to
carry out professional appraisal and promulgate a decision on approval for the
list of medical techniques applied by the health facility. Professional
appraisal is conducted based on the documentation. When necessary, the
receiving agency shall establish a professional council to consider a part or
all of medical techniques implemented at the health facility. The Department of
Health affiliated to the Ministry of Public Security and the Department of
Health affiliated to the Ministry of Transport shall send results of appraisal
of health facilities under their management, including the written appraisal
report and list of medical techniques appraised, to the Administration of
Medical Examination and Treatment affiliated to the Ministry of Health or the
Provincial Department of Health to request for grant of approval within their
competent under the provisions of Article 6 hereof.
4. As for medical techniques beyond the appraisal
capacity of the documentation-receiving agency, the receiving agency shall
instruct the health facility to submit the documentation to the Administration
of Medical Examination and Treatment affiliated to the Ministry of Health for
appraisal and approval.
Article 10. Implementation
organization
1. Health facilities of a specific level shall
provide technical and professional instructions and assistance for health
facilities of lower levels in implementation of the provisions of Clause 3
Article 81 of the Law on medical examination and treatment and as assigned by
the Ministry of Health.
2. Health facilities shall maintain their
satisfaction of facilities, equipment and personnel requirements for
implementing medical techniques according to the list of medical techniques
approved. Health facilities shall publicly announce, in an appropriate form,
the list of its medical techniques approved by competent authorities.
Article 11. Transition
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Article 12. Implementation
1. This Circular shall come into force as from
February 01, 2014.
2. Decision No. 23/2005/QD-BYT dated August 30,
2005 by Minister of Health providing for technical levels and list of medical techniques
shall be null and void from the date of entry into force of this Circular.
3. The Director of the Administration of Medical
Examination and Treatment, Directors of Provincial Departments of Health, heads
of health agencies affiliated to ministries, heads of health facilities,
relevant authorities and organizations, and relevant individuals shall
implement this Circular.
Difficulties that arise during the implementation
of this Circular should be promptly reported to the Ministry of Health (via the
Administration of Medical Examination and Treatment) for consideration./.
PP. MINISTER
DEPUTY MINISTER
Nguyen Thi Xuyen