Decree No. 85/2012/ND-CP dated October 15, 2012

 THE GOVERNMENT

Decree  No. 85/2012/ND-CP dated October 15, 2012 of the Government on the operational and financial regimes applicable to public health non- business units and the prices of medical examination and treatment services of public medical examination and treatment establishments

Pursuant to the Law on Government organization of December 25, 2001;

Pursuant to the Law on people’s health protection of June 30, 1989;

Pursuant to the Law on health insurance of November 14, 2008;

Pursuant to the Law on medical examination and treatment of November 23, 2009;

Pursuant to the Resolution No.18/2008/QH12 of June 03, 2008 of National Assembly, on stepping up implementation of law policies, law socialization in order to improve quality of people’ s health care;

At the proposal of the Minister of Health;

The Government promulgates the Decree on the operational and financial regimes applicable to public health non-business units and the prices of medical examination and treatment sevices of public medical examination and treatment establishments,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope and subjects of regulation

This Decree prescribes on the operational and financial regimes applicable to public health non-business units and the prices of medical examination and treatment sevices of public medical examination and treatment establishments.

Article 2. Interpretation of terms

In this Decree, the following terms are construed as follows:

1. “Public health non-business unit" means an organization established by a competent state agency and managed in accordance with law, having legal entity, seal, account and its accounting aparatus organized in accordance with law on accunting in order to realize task of provision of public services or to serve state management in health field such as: preventive medicine; medical examination and treatment; nursing and rehabilitation; medical, forensic and mental forensic examination; traditional medicine; pharmaceutical, cosmetic, medical equipment testing; food safety and hygiene; population – family planning; reproductive health; health communication and education (hereinafter abbreviated to medical non-business units).

2. “Superior agencies” mean agencies competent to management over health non-business units: For the health non-business units managed by central level, they include Ministries, Ministerial-level agencies, Governmental agencies; for health non-business units managed by local level, they are the provincial Departments of Health.

3. “Competent persons” mean Ministers, Heads of ministerial-level agencies and Governmental agencies for the health non-business units managed by central level, mean the chairpersons of the provincial People’s Committee for the health non-business units managed by local level.

Article 3. Classification of health non-business units

1. Health non-business units are registered and classified under the following groups:

a. Group 1: Units having the non-business revenue source to self-cover all regular operational expenditure and expenditure for investment and development;

b. Group 2: Units having the non-business revenue source to self-cover all regular operational expenditure;

c. Group 3: Units with non-business revenue source to self-cover partly regular operational expenditure;

d. Group 4: Units with low non-business revenue source or having no revenue or regular operational expenditure under their assigned functions and tasks, so they shall be financed all expenditure by the State budget.

2. The register and classification of health non-business units are stable for 03 years, after 03 years, they shall be considered to reclassify for conformity. If an unit has changes on revenue or expenditure task which cause the basic change of the level to self-cover regular operational funding, it shall be considered for adjustment of classification before term

3. The Ministry of Health shall assume the prime responsibility for, and coordinate with the Ministry of Finance, Ministry of Internal Affairs to guide the register, classification and adjustement of classification of health non-business units specified in this Article.

Chapter 2.

REGULATION ON THE OPERATIONAL REGIME

Article 4. Regulation on organization and operation

1. The health non-business units shall base on their assigned functions and tasks, regulation, provisions in this Decree and the model Regulation on organization and operation of units to formulate their Regulation on organization and operation and report them to their supperior agencies for approval.

2. The Minister of Health shall specify the model content of Regulation on organization and operation in health field.

Article 5. Formulation of the professional operational plan

1. Annually, units shall base on their Regulation on organization and operation, functions, tasks and actual situation to formulate the professinal operational plan.

a. For units of group 1, group 2: units shall formulate the operational plan, including specialized criteria and tasks in their assigned functions and tasks and criteria and service activities; report them to the superior agencies for register, use as basis to monitor, inspect and supervise the implementation;

b. For units of group 3, group 4: units shall formulate the operational plan, including specialized criteria and tasks in their assigned functions and tasks on the basis of their servicing capability, allocated budget and the non-business revenue source, criteria and service activities (if any). The supperior agencies shall assign the operational plan for budget and non-business revenues, units shall self-formulate and register for implementation applicable to sevice activites.

2. The Health non-business units are entitled to proactively decide measures to organize implementation of the specialized operational plans specified in clause 1of this Article in accordance with law regulations and must ensure conditions on human resource, professional operations, material facilities, equipment as prescribed in order to perform and provide for services meeting quality standards.

3. The health non-business units subject to inspection and supervision of competent state management agencies for their whole activities.

4. The Ministry of Health shall formulate and issue professional guides and technical process; stipulate on division of technical professional levels for the medical examination and treatment establishments; stipulate the main profesional tasks of health units in remaining field under professional levels; stipulate and issue criteria to assess result of completed professional tasks.