Thông tư 33/2021/TT-BYT

CIRCULAR

MEDICAL AFFAIRS IN HIGHER EDUCATION INSTITUTIONS AND VOCATIONAL EDUATION INSTITUTIONS

Pursuant to Law on Prevention of Infectious Diseases dated November 21, 2007;

Pursuant to Law on Higher Education dated June 18, 2012; Law on amendments to Law on Higher Education dated November 19, 2018;

Pursuant to the Law on Vocational Education dated November 27, 2014;

Pursuant to Law on Inspection on 15th of November 2010;

Pursuant to Decree No. 75/2017/ND-CP dated June 20, 2017 of Government on functions, tasks, powers, and organizational structure of Ministry of Health;

Pursuant to Directive No. 23/2006/CT-TTg dated July 12, 2006 of the Prime Minister regarding enhancing medical affairs in education institutions;

At request of Director General of Health Environment Management Agency,

Minister of Health promulgates Circular on medical affairs in higher education institutions and vocational education institutions,

Chapter 1

GENERAL PROVISIONS

Article 1. Scope

This Circular prescribes medical affairs in higher education institutions and vocational education institutions (hereinafter referred to as “education institutions”), including: Taking care of students and learners’ (hereinafter referred to as “learners”) health, communicating, educating on health, maintaining hygiene, food safety, requirements regarding facilities, equipment, and medical personnel in education institutions.

Article 2. Regulated entities

This Circular applies to education institutions and agencies, organizations, individuals engaging in medical affairs in education institutions in Vietnamese territory.

Chapter 2

MEDICAL AFFAIRS IN EDUCATION INSTITUTIONS

Article 3. Taking care of learners’ health

1. Perform first aid and emergency medical care for learners as per the law and provide technical guidance regarding medical examination and treatment in case of any emergency during studying, working, and practicing at education institutions.

2. Organize medical examination for learners upon enrolment and periodically at least once per school year. Monitor and examine health of learners, detect any risk to health and risks of disabilities to prepare, provide treatment, or transfer to hospitals of different levels for treatment as per the law.

3. Implement hygiene measures for preventing and controlling epidemic in education institutions.

4. Advise learners about issues relating to diseases, health risks, health improvement, reasonable nutrition, physical health and mental health development, and physical activities.

5. Provide security measures on safety, occupational hygiene, prevention of accidents and injuries during learning and practicing processes.

Article 4. Health communication and education

1. Details of health communication and education including: Measures for preventing accidents and injuries; improving physical activities, proper nutrition, healthy lifestyles; school-age illnesses; preventing and controlling epidemic, infectious diseases, HIV/AIDS, sexually transmitted diseases; non-infectious diseases; preventing and controlling tobacco, alcohol, narcotic substance, addictive drug harm, and other medical details.

2. Forms of health communication and education

a) Via media such as: Public address systems, panels, posters, motivational posters, film screening;

b) Group communication for learners on the basis of classification suitable for each type and scale of training;

c) Personal communication with learners;

d) Communication in events such as: Competitions regarding health education; performance shows, cultural, sports activities, and integration of health education with other events held by education institutions;

dd) Integration in lectures and extracurricular activities of education institutions;

e) Provision of products and materials for learners;

g) Other forms of health communication and education as per the law.

3. Publicize, popularize, and educate on regulations and law on medical affairs in education institutions in accordance with Article 23 and Article 24 of the Law on Legal Popularization and Education.

Article 5. Assurance of education institution hygiene

1. An education institution must meet general hygiene requirements and hygiene requirements for dedicated sections and classrooms in learning, teaching in accordance with TCVN 3981:1985 - Higher education institution; TCVN 4602:2012 - Intermediate professional education institution; TCVN 9210:2012 - Vocational education institution.

2. Lighting in classrooms and dedicated sectors of the education institution must conform to Point 4.2 Minimum illuminance requirement schedule for rooms and working areas under Section 1 Part II of National Technical Regulation No. QCVN 22:2016/BYT attached to Circular No. 22/2016/TT-BYT dated June 30, 2016 of Minister of Health.

3. Laboratories, practice areas, and workshops must meet noise regulations under National Technical Regulations No. QCVN 24:2016/BYT attached to Circular No. 24/2016/TT-BYT dated June 30, 2016 of the Minister of Health; meet microclimate regulations under National Technical Regulations No. QCVN 26:2016/BYT attached to Circular No. 26/2016/TT-BYT dated June 30, 2016 of Minister of Health, and satisfy regulations on permissible levels of other harmful factors as per the law.

4. Laboratories, practice areas, and workshops serving teaching and learning of arduous, toxic, and dangerous and particularly arduous, toxic, and dangerous jobs must adopt occupational hygiene and safety measures in accordance with Article 70 of Law on Occupational Safety dated June 25, 2015.

5. Drinking water must meet quality specified under National Technical Regulations No. QCVN 6-1:2010/BYT attached to Circular No. 34/2010/TT-BYT dated June 2, 2010 of Minister of Health.

6. Domestic water provided by clean water suppliers for daily activities or extracted by education institutions themselves must meet quality specified under National Technical Regulations No. QCVN 01-1:2018/BYT attached to Circular No. 41/2018/TT-BYT dated December 14, 2018 of Minister of Health and Circular No. 26/2021/TT-BYT dated December 15, 2021 of Minister of Health on amendments to Circular No. 41/2018/TT-BYT of Minister of Health.

7. Lavatories must meet hygiene standards under National Technical Regulations No. QCVN 01:2011/BYT attached to Circular No. 27/2011/TT-BYT dated June 24, 2011 of Minister of Health; prepare places for washing hands with clean water, soap or hand sanitizer.

8. Install trash bins and segregate, collect, treat waste and domestic wastes in accordance with Clause 4 Section VII Part II of National Technical Regulations No. QCVN 07:2010/BYT attached to Circular No. 46/2010/TT-BYT dated December 29, 2010 of Minister of Health and other relevant regulations under Decree No. 38/2015/ND-CP dated April 24, 2015 of the Government.

9. Dormitories, residential areas for boarding and semi-boarding learners must meet general hygiene requirements, water supply and drainage requirements, lavatory requirements, waste collection and treatment requirements, and epidemic prevention requirements in accordance with Clause 6, Clause 7, and Clause 8 of this Article.

Article 6. Food safety assurance

1. For education institutions that organize boarding and/or semi-boarding catering kitchens.

a) Catering kitchens, cafeterias, and canteens in education institutions must comply with Clause 2 Article 2 of Decree No. 155/2018/ND-CP dated November 12, 2018 of the Government on amendment to regulations relating to conditions for business investment under management of Ministry of Health;

b) Individuals working at catering kitchens and cafeterias must meet health requirements specified under Clause 2 Article 2 of Decree No. 155/2018/ND-CP dated November 12, 2018 of the Government on amendment to regulations relating to conditions for business investment under management of Ministry of Health.

2. For education institutions that do not organize boarding and/or semi-boarding catering kitchens

c) The institutions may enter into contracts with meal suppliers licensed with Certificate of food safety as per the law;

b) The institutions may enter into contracts with food service providers licensed with Certificate of food safety as per the law for organization of catering kitchens and cafeterias at education institutions.

Article 7. Requirements regarding facilities, equipment, and medical personnel in education institutions

1. Education institutions shall assign separate rooms in convenient location to facilitate first aid, emergency medical care, and healthcare for learners; such rooms must be equipped with hospital beds, cabinets containing medical equipment, medicine cabinets which also contain medicines necessary for first aid as per the law.

2. Education institutions must employ school health personnel specializing in intermediate-level health sector, receiving training in first aid, emergency medical aid, and receiving update on medical knowledge. In case school medical personnel directly examine and treat illnesses, they must obtain the license for medical examination and treatment as per the law.

3. If education institutions fail to employ school medical personnel as required under Clause 2 of this Article, they must enter into contract with medical examination and treatment facilities or individuals eligible according to this Circular to perform medical affairs in education institutions.

Chapter 3

ORGANIZATION FOR IMPLEMENTATION

Article 8. Responsibilities for implementation

1. Ministry of Health assigns Health Environment Management Agency to:

a) direct, popularize, guide, examine, and inspect the performance of medical affairs in education institutions in accordance with this Circular;

b) issue specialized instruction manuals regarding medical affairs in education institutions;

c) organize training regarding medical affairs in education institutions;

d) assist Minister of Health in cooperating with central education authorities, agencies, and organizations in performing state management regarding medical affairs in nationwide education institutions.

2. People’s Committees of provinces and central-affiliated cities shall

a) direct the implementation of medical affairs in education institutions under this Circular within their management;

b) direct Departments of Finance to cooperate with Departments of Health, Departments of Education and Training, Departments of Labor - War Invalids and Social Affairs in preparing estimates, settling, and finalizing funding for medical affairs in education institutions as per the law;

c) direct the examination and inspection of medical affairs in education institutions in education institutions within their management.

3. Departments of Health shall

a) organize, direct, popularize, guide, examine, and inspect medical affairs in education institutions under their management in accordance with this Circular;

b) organize specialized training for medical personnel in education institutions;

c) take charge and cooperate with Departments of Education and Training, Departments of Labor - War Invalids and Social Affairs in preparing estimates, settling, and finalizing funding for medical affairs in education institutions as per the law;

d) submit reports on medical affairs in education institutions within their management to Minister of Health (Health Environment Management Agency) before December 20 of the reporting year using Form under Appendix No. 1 attached hereto.

4. Departments of Education and Training, Departments of Labor - War Invalids and Social Affairs shall

a) organize, direct, popularize, guide, and inspect medical affairs in education institutions under their management in accordance with this Circular;

b) produce estimates, allocate funding for medical affairs in education institutions, and send to Departments of Finance for approval;

c) cooperate with Departments of Health in organizing specialized training for medical personnel in education institutions.

5. Education institutions shall

a) organize implementation of medical affairs in education institutions in accordance with this Circular;

b) develop annual plans for medical affairs in education institutions and organize adequate implementation of medical affairs in education institutions;

c) guarantee medical personnel in education institutions, facilities, equipment, and conditions for performance of medical affairs in education institutions;

d) allocate, settle, and finalize funding for medical affairs in education institutions as per the law;

dd) integrate education on medical affairs in education institutions with lectures and extracurricular activities of the education institutions;

e) assign medical personnel of education institutions to participate in specialized training;

g) cooperate with agencies and organizations in performing medical affairs and epidemic control in education institutions;

h) submit reports on medical affairs in education institutions to Departments of Health before December 16 of the reporting year using form under Appendix No. 2 attached hereto and submit irregular reports at request of competent authorities.

6. Medical personnel in education institutions

a) perform specialized activities regarding medical affairs in education institutions in accordance with this Circular;

b) advise education institutions on development of medical plans in education institutions on an annual basis;

c) participate in specialized training regarding medical affairs in education institutions;

d) utilize and maintain facilities, equipment serving medical affairs in education institutions;

dd) consolidate reports on medical affair results in education institutions.

Article 9. Terms of reference

If documents referred to in this Circular are amended or replaced, the new documents will prevail.

Article 10. Entry into force

1. This Circular comes into force from February 15, 2022.

2. Joint Circular No. 03/2000/TTLT-BYT-BGDDT dated March 1, 2000 of Ministry of Health and Ministry of Education and Training guiding the implementation of medical affairs in education institutions expires from the effective date hereof.

Article 11. Responsibilities for implementation

Director General of Health Environment Management Agency, Chief of Ministry Office, Chief of Ministry Inspectorate, Directors, Directors General, and General Directors of Departments and General Departments affiliated to Ministry of Health and relevant agencies, organizations, and individuals are responsible for implementation of this Circular.

Difficulties that arise during implementation of this Circular should be reported to Ministry of Health (Health Environment Management Agency) for consideration./.