THE GOVERNMENT --------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ----------
No. 188/2007/ND-CP	Hanoi, December 27, 2007

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 the Governments Decree No. 178/2007/ND-CP of December 3, 2007, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;

At the proposal of the Minister of Health and the Minister of Home Affairs,

DECREES:

Article 1. Position and functions

The Ministry of Health is a governmental agency performing the function of state management of peoples health care and protection, including preventive medicine; medical examination and treatment; functional rehabilitation; medical assessment, forensic examination and psychiatric examination; traditional medicine and pharmacy; pharmacy; cosmetics; food safety and hygiene; medical equipment; health insurance; population and family planning; reproductive health; and state management of public services in the domains under the Ministrys management.

Article 2. Tasks and powers

The Ministry of Health shall perform the tasks and powers prescribed in the Governments Decree No. 178/2007/ND-CP of December 3, 2007, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies, and the following specific tasks and powers:

1. To submit to the Government bills and draft ordinances and draft resolutions and decrees of the Government according to its approved legislative programs and plans, and other schemes on the domains under the Ministrys management as assigned by the Government.

2. To submit to the Prime Minister for approval strategies, master plans, long-term, five-year and annual plans, national target programs, important works and projects in the domains under the Ministrys state management; and draft decisions and directives of the Prime Minister.

3. To assume the prime responsibility for, and coordinate with the Ministry of Finance in, submitting to the Prime Minister for decision a list of national reserves; to organize the building of national reserves of drugs, chemicals, medical equipment, equipment for prevention and control of epidemics and natural disasters in accordance with law.

4. To promulgate according to its competence decisions, directives and circulars on the domains under the Ministrys state management.

5. To direct, guide, inspect and organize the implementation of legal documents, strategies, plannings and plans and national target programs after they are approved; to communicate, propagate, disseminate and educate about laws on the domains under the Ministrys state management and on health-related issues.

6. Regarding preventive medicine

a/ To submit to competent authorities for decision or decide according to its competence on the implementation of special anti-epidemic measures:

b/ To formulate national standards and submit them to competent authorities for announcement and promulgation regulations on technical decentralization, professional rules, national technical regulations in the areas of prevention and control of infectious diseases, HIV/AIDS, social diseases, non-infectious diseases, occupational diseases, injuries; environmental health, school health, labor sanitation and health; community nutrition; border quarantine; chemicals and preparations used as insecticides and disinfectants in domestic and health domains;

c/ To assume the prime responsibility for, and coordinate with the Ministry of Labor, War Invalids and Social Affairs in, promulgating a list of substances subject to strict labor safety and sanitation requirements and a list of occupational diseases;

d/ To grant, cancel and withdraw circulation registration certificates of chemicals and preparations used as insecticides and disinfectants in domestic and health domains in accordance with law;

c/ To appraise professional contents registered for advertising chemicals and preparations used as insecticides and disinfectants in domestic and health domains

f/ To direct, guide, examine, supervise and evaluate the observance of professional regulations and national technical regulations in the domain of preventive medicine nationwide;

g/ To act as the standing body of the National HIV/AIDS Committee in HIV/AIDS prevention and control work and in drug and prostitution prevention and control work; to direct, manage, organize, supervise and evaluate the implementation of anti-HIV/AIDS activities nationwide.

7. Regarding medical examination and treatment and functional rehabilitation

a/ To promulgate regulations on conditions for, standards, establishment, merger, reorganization and dissolution of medical examination and treatment establishments;

b/ To formulate national standards and submit to competent authorities for announcement and promulgation regulations on technical decentralization, professional rules and national technical regulations on the areas of medical examination and treatment, convalescence, functional rehabilitation, medical assessment; forensic examination, and psychiatric examination;

c/ To evaluate and permit the application of new techniques in medical examination and treatment, convalescence and functional rehabilitation establishments in accordance with law;

d/ To grant, cancel and withdraw private medicine practice certificates and certificates of eligibility for private medicine practice with respect to private hospitals and foreign-invested private medicine practice establishments in accordance with law;

e/ To direct, guide, examine and evaluate the observance of professional regulations and national technical regulations by medical examination and treatment, functional rehabilitation, medical assessment, forensic examination and psychiatric examination establishments.

8. Regarding traditional medicine and pharmacy

a/ To formulate and submit to competent authorities for promulgation mechanisms and policies for inheriting, preserving, developing and modernizing traditional medicine and pharmacy and combining traditional medicine and pharmacy with modern medicine and pharmacy;

b/ To promulgate professional rules and national technical regulations in the domain of traditional medicine and pharmacy;

c/ To direct, guide and supervise the implementation of policies and laws on traditional medicine and pharmacy combination of traditional medicine and pharmacy with modern medicine and pharmacy;

d/ To grant, cancel and withdraw practice certificates and certificates of eligibility for private traditional medicine and pharmacy practice with respect to private traditional medicine hospitals and foreign-invested private traditional medicine practice establishments in accordance with law.

9. Regarding pharmaceuticals and cosmetics

a/ To promulgate professional rules and national technical regulations on pharmaceuticals and cosmetics; to promulgate the Vietnam Pharmacopoeia and national pharmaceutical book;

b/ To grant, cancel and withdraw pharmacy practice certificates with respect to individuals registering to practice pharmacy with foreign investment; certificates of eligibility for drug trading to drug manufacturing units and drug preservation and testing service establishments; drug circulation permits; drug import and export permits; certificates of satisfaction of standards of good manufacture practice (GMP), good laboratory practice; good storing practice (GSP), good practice of clinical trial of drugs, good practice of raising or cultivation and harvests of drug materials; permits of registration of drug activities in Vietnam to foreign enterprises supplying drugs into Vietnam in accordance with law;

c/ To manage drug and cosmetics quality; to guide and supervise the observation of legal provisions on announcement of cosmetics quality; to prevent and combat production and circulation of fake and poor-quality drugs and cosmetics, and prevent and combat the smuggling of drugs and cosmetics;

d/ To appraise professional contents registered for drug information and advertisement;

e/ To assume the prime responsibility for, and coordinate with the Ministry of Finance and concerned ministries and branches in, performing state management of drug prices; to take measures for stabilizing market prices of drugs; to organize the building and decide on the use of drug reserves;

f/ To direct and organize the provision of guidance on reasonable, safe and effective use of drugs;

g/ To direct, organize, supervise and evaluate the implementation of legal provisions on pharmaceuticals and cosmetics.

10. Regarding food hygiene and safety

a/ To formulate and submit to competent authorities for announcement national standards of food hygiene and safety; to promulgate national technical regulations on food hygiene and safety under the Ministrys state management.

To direct, guide and organize the implementation of national standards of and national technical regulations on food hygiene and safety;

b/ To promulgate lists of and prescribe conditions of food hygiene and safely on: high-risk food; radiation-preserved food and radiation limits; food using genetic technology; food additives, food processing support substances and food directly affecting health;

c/ To promulgate food hygiene and safety conditions in the food processing and consumption and consumption hygiene at restaurants, hotels, supermarket, collective kitchens and street food shops;

d/ To assume the prime responsibility for, and coordinate with concerned ministries and branches in, promulgating substances that contaminate food products ( pathogenous microorganisms, chemicals affecting human health). To analyze and assess the risk of food contamination; to prevent and overcome food poisoning and food-borne diseases;

e/ To grant, cancel and withdraw certificates of satisfaction of food hygiene and safety conditions with respect to establishments producing and trading in: functional food, food reinforced with micronutrients, supplementary food, food additives, natural mineral water and cigarettes; and medical certificates for exported food products;

f/ To certify food standard announcement documents for products: bottled natural mineral water, cigarettes, functional food, food reinforced with micronutrients, supplementary food and imported food being food additives, processing support substances, raw materials or thermally treated products in accordance with law; to accredit and certify the hazard analysis and critical control points system (HACCP), good laboratory practice, good hygiene practice and other food-related issues under the Ministrys state management in accordance with law;

Click Download to see full text