Thông tư 07/2014/TT-BYT

CIRCULAR

PROMULGATING THE CODE OF CONDUCT FOR OFFICIALS, CIVIL SERVANTS AND EMPLOYEES WORKING AT HEALTHCARE ESTABLISHMENTS

Pursuant to the Law on Cadres and Officials No. 22/2008/QH12 dated November 13, 2008;

Pursuant to the Law on Civil Servants No. 58/2010/QH12 dated November 15, 2010;

Pursuant to the Law on Anti-corruption Law No. 55/2005/QH11 dated December 09, 2005;

Pursuant to the Law on Medical Examination and Treatment No. 40/2009/QH12 dated November 23, 2009;

Pursuant to the Government's Decree No. 63/2012/ND-CP dated August 31, 2012 on defining the functions, tasks, powers and organizational structure of the Ministry of Health;

At the request of the Director of Organization and Staff Department -the Ministry of Health;

The Minister of Health hereby promulgates the Circular on the code of conduct for officials, civil servants and employees working at healthcare establishments.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of application

This Circular provides for contents of the code of conduct for officials, civil servants and employees working at healthcare establishments, and enforcement responsibility that relevant institutions, organizations or individuals must take on.

Article 2. Applicable entities

This Circular shall apply to:

1. Officials, civil servants and employees working at healthcare establishments nationwide (hereinafter referred to as health workers).

2. Institutions, organizations or individuals in relation to implementation of the code of conduct that health workers must abide by.

Chapter II

CONTENTS OF THE CODE

Article 3. Conduct of health workers upon performance of assigned duties or tasks

1. List of Dos:

a) Strictly comply with legal regulations on obligations that officials and civil servants must assume;

b) Demonstrate strong ethics, moral characters and healthy lifestyles which a medical practitioner, who are guided by diligence, frugality, justice and integrity, accepts as their ethical standards;

c) Have firm self-discipline; adhere to accepted standards of professional conduct and practice, and abide by internal rules and regulations applied to each sector or organization;

d) Unceasingly improve professional knowledge, competence, ethics, communication and interpersonal skills;

dd) Submit to and comply with assignments; be proactive in and bear responsibility for carrying out work;

e) Contribute ideas about their organization’s operating activities and managerial work in order to ensure high efficiency in work performance;

g) Enhance the prestige and uphold the honor of organizations, management and colleagues;

h) Wear clothes and name badges intended for specific officials and civil servants in conformity with regulations; put insignia on their clothes if they are permitted by laws.

2. List of Don’ts:

a) Seek to evade responsibility or find an excuse for their failure to perform assigned tasks or duties;

b) Abuse delegated powers, authority and reputation of their organizations in dealing with personal work; exaggerate their position for the purpose of acting in their own self-interest;

c) Discriminate on the grounds of ethnicity, sex, social stratification, belief and religion in any shape or form.

Article 4. Conduct of health workers towards colleagues

1. List of Dos:

a) Build up a(n) honest, earnest, strong and cooperative relationship in which shared responsibility and mutual support are required;

b) Stick to the principle of criticism and self-criticism in a(n) unbiased, serious, straightforward and constructive manner;

c) Respect and listen to opinions of colleagues; collaborate and exchange experience and knowledge with other colleagues in performing assigned tasks and duties;

d) Reveal any officials and civil servants in breach of legal regulations on obligations that they have to take on, and report this to competent authorities as well as bear personal responsibility for what they have reported.

2. List of Don’ts:

a) Evade or pass responsibilities and mistakes onto another colleague;

b) Form the faction and create divisions among members in an organization or area.

Article 5. Conduct of health workers towards institutions, organizations and individuals

1. List of Dos:

a) Show their polite, friendly and decent attitudes or behaviors in directly or indirectly contacting the media;

b) Provide appropriate information about work that agencies, organizations or the public need to be advised on in their instructions and responses;

c) Raise people’s awareness of and provide guidance on strict compliance with an organization’s professional rules, regulations and procedures;

d) Protect the confidentiality of information about the State, agency, organization and individual in accordance with laws.

2. List of Don’ts:

a) Show an authoritative, imperious, inconsiderate, unmindful and trouble-making attitude towards an organization or individual;

b) Deliberately procrastinate during their performance of tasks or duties relating to institutions, organizations and individuals;

c) Solicit, accept or receive improper gifts, including money, from institutions, organizations and individuals.

Article 6. Conduct of health workers working at healthcare establishments

1. Strictly comply with 12 Provisions on medical ethics issued together with the Decision No. 2088/QD-BYT of the Minister of Health dated November 6, 1996.

2. List of Dos towards those who have their health examined at healthcare establishments:

a) Treat them in a friendly manner and provide them with careful instructions on how to go through necessary procedures;

b) Carry out the preliminary classification of patients, arrange medical care services provided for patients in numerical order and in order of priority in accordance with regulations;

c) Perform health examination in a private place and show respect to patients; keep patients or their legal representatives informed of health condition or disease status, along with thoughtful explanation;

d) Give medical check-up, indication of undergoing medical tests, prescriptions appropriate for specific diseases and patient’s payment ability;

dd) Provide careful instructions and advices for patients or their legal representatives on use of prescription drugs, care practices and disease surveillance and outpatient’s health re-examination when necessary;

e) Help patients quickly complete hospitalization or admission procedures on receipt of indications from physicians.

3. List of Dos towards inpatients:

a) Promptly admit patients to a healthcare establishment, and reserve and arrange medical beds, and provide clear instructions on internal rules of the hospital and department;

b) Regularly carry out the health examination, and study and find out any change in patient’s health as well as meet any necessary demands of patients; give on-time explanations for any request or query of patients or their legal representatives;

c) Provide health-related counseling and guide for patients or their legal representatives in the process of health care and medical treatment;

d) Promptly solve any issue relating to professional requirements; timely turn up at the request of patients or their legal representatives;

dd) With respect to patients who receive indications for surgeries, inform and explain this to them or their legal representatives in advance about their disease, surgical method, potential risks, and make comprehensive pre-operative preparation as stipulated by regulations. It is vital for giving clear explanation to patients and their legal representatives in case such surgery needs to be suspended or delayed.

4. List of Dos towards patients who are discharged from the hospital or transferred to another hospital:

a) Advise patients and their legal representatives on what to do after discharge from the hospital. It is vital for giving clear explanation to patients and their legal representatives in case the hospital transfer is needed;

b) Publicize healthcare service charges that patients must pay; prove willing to give comprehensive explanation requested by patients and their legal representatives;

c) Promptly process required procedures that patients must follow before hospital discharge or transfer in accordance with legal regulations;

d) Collect feedbacks from patients and their legal representatives after hospital discharge or transfer.

5. List of Don’ts:

a) Fail to comply with professional regulations when on duty;

b) Be motivated by self-interest during their medical practice;

c) Hinder and ignore patients or their legal representatives.

Article 7. Conduct of leadership or management of healthcare establishments

1. List of Dos:

a) Assign work to their officials and civil servants working at healthcare establishments provided that such assignment is publicly disclosed and corresponds to their duties and professions;

b) Expedite and oversee performance of their employee’s duties and tasks, conformity with professional ethics, and behaviors and conduct of officials and civil servants under their supervision; immediately provide rewards for those who gain excellent achievements as well as impose strict penalties without bias on those who commit legal regulations;

c) Thoroughly know legal records, thoughts and desires in order to find the method for employing and managing them in a suitable manner, which shall help enhance the capability, experience, creativity and initiative of each employee in performing assigned tasks and duties;

d) Comply with grassroots democracy statutes, and facilitate learning and intellectual improvement, and promote creative thoughts and new ideas of each official and civil servant;

dd) Respect and make their employees become confident to perform their assigned tasks; draw up the plan to monitor, inspect and provide favorite conditions for their employees to perform their assigned tasks and duties in the most efficient manner;

e) Listen to any complaint from their employees; protect honors and lawful rights and interests of the employees under their supervision;

g) Maintain and foster the solidarity and cultural environment of an organization.

2. List of Don’ts:

a) Prove authoritarian towards, look down on their inferiors, be not a good exemplary and become a person who says much but does little;

b) Make a decision on rewards or impose penalties for any violation in a prejudiced manner;

c) Hinder and fail to follow procedures for dealing with complaints or denunciations; reveal personal identity, address, autograph or other information about the witness;

d) Carry out work relating to production, trading and human force as prescribed in the Anti-corruption Law, the Law on Thrift Practice and Waste Prevention as well as others stipulated by laws and adopted by competent agencies.

Chapter III

RESPONSIBILITY FOR IMPLEMENTATION

Article 8. Responsibility of the Ministry of Health

1. Guide and direct the Department of Health located in centrally-affiliated cities and provinces (hereinafter referred to as the Department of Health), health departments of Ministries, governmental agencies and non-business health service providers affiliated to the Ministry of Health to enforce this Circular.

2. Arrange training sessions for the Ministry of Health, health departments of Ministries and governmental agencies and non-business health service providers affiliated to the Ministry of Health, which is aimed at enhancing their employee's awareness of this Code of Conduct, emphasizing the responsibility for implementation.

3. Cooperate with Vietnam National Union of Health Workers in encouraging the leadership of the Department of Health and Chairperson of Health Unions located in cities or provinces, health departments of Ministries and governmental agencies and non-business health service providers affiliated to the Ministry of Health to enter into the commitment to competing in compliance with the Code of Conduct.

4. Provide the guide for the health affiliates of the Ministry of Health, and refer to the provisions hereof to introduce the Code of Conduct for health workers which is required to meet the practical demands of each organization; set criteria for competition and identification of penalties imposed on each violation in accordance with laws.

5. Examine, supervise the direction of how the Department of Health in cities or provinces, and health departments of Ministries and governmental agencies enforce this Code and how healthcare establishments nationwide conform to this Code as well.

6. Organize a meeting about preliminary, final report or assessment on compliance of health workers, employees working at healthcare establishments with this Code.

7. Assign the Organization and Staff Department to act as the focal point in implementing this Circular.

Article 9. Responsibility of the Director of the Health Departments located in cities or provinces, and Heads of Health Departments of Ministries and governmental agencies

1. Organize propagation events where entities concerned shall be trained to be well aware of provisions laid down in this Circular on providing the Code of Conduct for officials, civil servants and employees working at health establishments under their management.

2. Cooperate with Unions at the same level to encourage employees working in the health system to participate in competitions; work with the leadership and Chairperson of their affiliates' unions to request their employees to sign their commitment to complying with this Code.

3. Provide guidance for healthcare establishments and refer to the provisions hereof to introduce the Code of Conduct for health workers which is required to meet the practical demands of each organization; set criteria for competition and identification of penalties for each violation in accordance with laws.

4. Examine the implementation of this Circular at their affiliates; make a hotline available at their affiliates in order to accept and deal with any complaint from the public.

5. Give rewards in a timely manner to exemplary and excellent health workers; impose strict penalties for any violation against this Code as stipulated by laws.

6. Hold a meeting about half-year or annual assessment of how this Circular is implemented; submit a report on the implementation result to the Ministry of Health.

Article 10. Responsibility of professional associations affiliated to health authorities

1. Cooperate with competent State management agencies to promulgate the Rules of Professional Ethics for their members in accordance with laws.

2. Provide guidance or training sessions for their members with the aim of propagating and enhancing their member's awareness of the Code of Conduct and Rules of Professional Ethics for medical practitioners.

3. Examine and monitor their member's medical practice; detect and handle any violation against the Code of Conduct, Rules of Professional Ethics in accordance with each association's regulations; request State management agencies to handle such violation in accordance with laws.

Article 11. Responsibility of Heads of Health Divisions located at districts, towns or provincial cities

1. Set the plan to implement this Circular for submission to district-level People’s Committee for approval.

2. Cooperate with the Department of Health in organizing propagation events where entities concerned shall be trained to be well aware of provisions laid down in this Circular on providing the Code of Conduct for officials, civil servants and employees working at health establishments under their management.

3. Cooperate with relevant organizations in inspecting and controlling implementation of this Circular applied to healthcare establishments under their management.

Article 12. Responsibility of Heads of healthcare establishments

1. Implement this Circular on providing the Code of Conduct for officials, civil servants and employees working at health establishments under their management.

2. Thoroughly grasp, train and confer with related entities about the contents given in the Code of Conduct, responsibility for implementation stipulated by this Circular.

3. Given provisions enshrined in this Circular, promulgate the Code of Conduct for officials, civil servants working at health establishments which must correspond to the practical requirement of each organization.

4. Publicly attach this Code at healthcare establishments.

5. Promulgate rules and criteria for competition, reward, commendation, penalties for specific violations; give rewards to exemplary and excellent employees as well as impose strict penalties for any violation against this Code.

6. Cooperate with Trade Unions of each organization to attract many employees to participate in competitions; collect signatures from Heads of hospital departments and offices (or equivalents) of each organization to commitment to strict compliance with this Code.

7. Examine, monitor operating activities of each division and health worker; launch a hotline to receive complaints from the public and install surveillance cameras at all of divisions in an organization.

8. Hold a meeting about half-year or annual assessment of how this Code is implemented; submit a full report on the implementation result to competent authorities as stipulated by laws.

9. Bear legal responsibility and be held accountable to the superior for:

a) Implementing the Code of Conduct in each organization;

b) Letting violations against this Code occur amongst health workers under their supervision.

Article 13. Responsibility of Heads of departments, divisions and equivalents of a healthcare establishment (hereinafter referred to as department or division)

1. Strictly implement this Code of Conduct.

2. Confer with staff of departments and divisions about the proper method for implementing the Code of Conduct.

3. Support competitions that take place in an organization.

4. Examine, expedite operating activities in a division or department.

5. Collect signatures from Heads of organizations, and other division and department, employees of the same division or department, on commitment to participating in competitions.

6. Help the public grasp thoroughly and be aware of Don'ts such as giving on-duty health workers gifts or sums of money.

7. Bear responsibility for letting any violations against this Code occur amongst health workers under their supervision.

Article 14. Responsibility of health workers

1. Learn and strictly comply with regulations on Dos and Don’ts for health workers. In addition to regulations laid down in this Circular, health workers are also required to implement other relevant regulations.

2. Enter into the commitment to heads of departments or divisions on strict compliance with the Code of Conduct for health workers in accordance with instructions of specific organizations.

3. Prove proactive and encourage colleagues to comply with this Code.

4. Encourage people to strictly comply with laws so that health workers shall be provided the best condition for their good performance of assigned tasks and duties.

5. Assume their personal responsibility to be subject to laws, internal rules and regulations of an organization in case of breach of this Code of Conduct.

Chapter IV

COMMENDATION AND VIOLATION HANDLING

Article 15. Commendation

1. Any collective or individual who strictly complies with this Circular shall deserve rewards in accordance with regulations laid down in the Law on competition and commendation, and rules of competition and commendation in an organization.

2. Types of commendation decided by the Head of a healthcare establishment shall include:

a) Commending collectives or individuals in front of the whole staff of an organization;

b) Making an increase in commending those who obtain excellent achievements in competitions, depending on the annual rating of employees;

c) Be ranked as excellent performers in the year-end evaluation report for employees;

d) Receive other proper types of commendation in accordance with rules and regulations of an organization.

Article 16. Violation handling

1. Any collective, individual committing violations against this Circular, depending on the severity, shall be disciplined in accordance with laws on officials and civil servants and rules of violation handling of an organization.

2. Heads of healthcare establishments shall set criteria for handling violations, depending on the nature and severity of these violations, and type of operating activities of each organization.

3. Types of violation handling decided by the Head of a healthcare establishment shall include:

a) Being criticized or berated in front of all of employees of an organization;

b) Withholding or reducing rewards, depending on the monthly rating of employee’s performance;

c) Being reassigned;

d) Being ranked as bad performers in the year-end evaluation report for employees;

dd) Fail to obtain or access to titles or types of commendation for collectives or individuals committing violations;

e) Be subject to other proper types of penalties stipulated by an organization.

4. In case Heads of healthcare establishments, who fail to enforce this Circular, do not find out proper approaches or solutions to making all of employees comply with this Code, let any violation against this Code take place, they shall be subject to regulations on imposition of penalties applied to heads of an organization.

Chapter V

IMPLEMENTARY PROVISIONS

Article 17. Effect

1. This Circular comes into force as from May 1, 2014.

2. The Decision No. 4031/2001/QD-BYT of the Minister of Health dated September 27, 2001 on promulgating regulations on communication rules at healthcare establishments, and the Decision No. 29/2008/QD-BYT of the Minister of Health dated August 18, 2008 on promulgating the Code of Conduct for health officials and civil servants, shall become ineffective as from the effective date of this Circular.

Article 18. Implementation

The Chief of the Ministry Office, Director of Organization and Staff Department, Director of Healthcare Management Department, the Chief Inspector of Ministries, Director of governmental bodies, departments, general department affiliated to the Ministry of Health, Director of the Health Departments of centrally-affiliated cities and provinces, Head of health authorities, Chairperson of health-related professional associations, Head of healthcare establishments nationwide, Head of Health Divisions at districts, towns of centrally-affiliated cities and provinces, and agencies, organizations, and individuals concerned shall be responsible for implementing this Circular.

In he course of implementation, if there is any difficult that may arise, local authorities and organizations are advised to consult with the Ministry of Health about any possible solution./.