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NATIONAL
ASSEMBLY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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Law
No. 15/2023/QH15
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Hanoi,
January 9, 2023
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LAW
ON MEDICAL EXAMINATION AND TREATMENT
Pursuant to the Constitution of
the Socialist Republic of Vietnam;
The National Assembly herein
enacts the Law on Medical Examination and Treatment.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law prescribes the rights and
obligations of patients; medical practitioners; medical establishments;
professional and technical expertise in healthcare; healthcare provided by
application of the traditional medicine and the combination of the traditional
medicine and the modern medicine; humanitarian or not-for-profit healthcare;
transfer of professional and technical expertise in healthcare; application of
new techniques, new methods and clinical trials; errors related to professional
and technical expertise; preconditions for health care operations; mobilization
and dispatch of resources for use in healthcare in case of occurrence of
natural disasters, catastrophes, group-A infectious diseases or state of
emergency.
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For the purposes of this Law, the
terms used herein shall be construed as follows:
1. Medical examination is a
medical practitioner’s using professional knowledge, methods and techniques to
assess a patient's health status, risks and care needs.
2. Medical treatment is a
medical practitioner’s using professional knowledge, methods and techniques to
solve a health condition, prevent the occurrence and progression of a disease,
or meet a patient's health care needs according to medical examination results.
3. Patient is a user of
medical examination and treatment services.
4. Medical practitioner is a
person who has been granted a license to practice medicine by a competent
authority of Vietnam.
5. License to practice medicine is
a written document issued by a competent authority of Vietnam to a person fully
qualified to practice medical examination and treatment in accordance with this
Law (hereinafter referred to as practising license).
6. Medical establishment is
an entity that has been granted a license to provide health services by a
competent authority of Vietnam.
7. License to provide medical
services is a written document issued by a competent authority of Vietnam
to an entity fully satisfying conditions for provision of health care services
in accordance with this Law (hereinafter referred to as operating license).
8. Folk remedy or therapy is
a medical remedy or therapy which is based on beliefs and practices handed down
by a clan or family, and effectively cures one or several diseases after it is
accredited by a specialized health authority under a provincial People's
Committee.
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10. Patient without family is
a person who falls into one of the following cases:
a) The patient in a state of
emergency does not have any identification papers, is not accompanied by
his/her family, or has no family contact information;
b) At the time of entering a
medical establishment, the patient loses or has difficulties in cognition,
control of his/her behavior, and has no identification papers, no family, or no
family contact information;
c) At the time of entering a
medical establishment, the patient whose identity has been discovered loses or
has difficulties in cognition, control of his/her behavior, and has no family,
or no family contact information;
d) A child under 6 months of age is
abandoned at a medical establishment.
11. Patient’s family,
including:
a) His/her spouse; natural parent,
adoptive parent, parent-in-law; natural child, adopted child, daughter-in-law,
son-in-law or other family member who is as defined in the Law on Marriage and
Family;
b) His/her representative;
c) Anyone who directly cares for
the patient during the period of his/her medical examination or treatment at a
medical establishment, other than practitioners.
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13. Person in charge of
professional practices of a medical establishment is the legal representative
of a medical establishment for all professional activities of that medical
establishment.
14. Continuously update medical
knowledge is the act of acquiring new medical knowledge and skills suitable
for the range of activities involved in the practice of medicine pursuant to
regulations promulgated by the Minister of Health.
15. State of emergency is a
health condition or behavior unexpectedly happening to a person that, if not
monitored and intervened in time, can lead to an impairment of bodily functions,
serious and long-lasting damage to any organ or part of body or death of that
person, or a serious threat to the health or life of other person(s).
16. Consultation is a
discussion between a group of practitioners about a patient's medical condition
in order to advise on appropriate and timely medical diagnosis and treatment.
17. Medical record is a
collection of data, including personal information, medical check-up results,
subclinical test results, functional assessment results, diagnosis, treatment,
care procedures and other relevant information existing in the course of
treatment of a patient at a medical establishment.
18. Functional rehabilitation is
a set of interventions, including medical procedures, functional recovery
techniques, assistive technologies, educational, vocational, social and
environmental measures, that is designed to help a patient improve, gain and
maintain his/her best functions; prevent and reduce disability in his/her
corresponding living environment.
19. Telemedicine is a form
of clinical service rendered by application of telecommunication equipment and
information technology without direct contact between practitioners and
patients.
20. Health check-up is a
medical examination carried out to serve the purposes of health assessment,
classification, disease detection and management.
21. Medical assessment is a
medical procedure performed to evaluate health status and rate bodily
impairment by injuries, diseases, abnormalities, deformities or malformations
at the request or discretion of an entity or person.
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23. Medical accident is a
medical incident that causes harm to a patient's health or life due to one of
the following causes:
a) Any unintentional risk that
occurs even though the medical practitioner has followed regulations and
instructions on technical expertise in healthcare;
b) Errors in professional and
technical expertise in healthcare (hereinafter referred to as medical error).
Article 3. Principles of
provision of medical services
1. Respect, protect, and treat
patients equally, and stop stigma or discrimination towards patients.
2. Give priority to have access to
medical services to patients in a state of emergency; children aged under 6
years; pregnant women; people with extremely severe disabilities; people with
severe disabilities; people aged 75 years or older; people rendering
meritorious services to the revolution, depending on the particular
characteristics of each medical establishment.
3. Respect, cooperate with and
protect practitioners and other persons on duty at medical establishments.
4. Promptly implement and comply
with regulations on professional and technical expertise in healthcare.
5. Comply with the code of
professional ethics in the practice of medicine approved by the Minister of
Health.
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Article 4. State policies on
healthcare
1. The State plays a leading role
in promotion of healthcare activities; mobilize social resources needed for
delivery of medical services.
2. Priority to have access to state
budget shall be given to the following activities:
a) Developing medical
establishments under the grassroots health care or out-of-hospital emergency
care system; concentrate investments in medical establishments in border areas,
islands, ethnic minority and mountainous areas, poor areas or extreme poor
areas;
b) Delivering healthcare to people
rendering meritorious services to the revolution; children, the elderly, people
with disabilities, people from poor households, people from near-poor
households; people living in border areas, islands, poor areas, extreme poor
areas; people with mental illness, leprosy; people suffering Group-A infectious
diseases; people suffering group-B infectious diseases specified in the List
adopted by the Minister of Health;
c) Further promoting workforce in
the health industry, especially personnel working in infectious diseases,
psychiatry, anatomic pathology, forensic medicine, forensic psychiatry,
resuscitation in emergency medicine, and other subspecialties or branches that
need to be preferred to meet socio-economic development needs and conditions
over time in accordance with the Government’s regulations;
d) Conducting and applying
researches in science, technology and digital transformation in the healthcare
industry.
3. Promoting public-private
partnership; applying investment incentives in the healthcare industry. Medical
establishments shall be entitled to incentive loans to invest in improving the
quality of medical services; be exempt from corporate income taxes on the
undivided portion of income that is retained as their capital investments.
4. Investing in healthcare
facilities in poor areas, extreme poor areas and not-for-profit medical
establishments that are defined as those in the industries and sectors entitled
to special investment incentives in the List of industries and professions
entitled to investment incentives.
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6. Granting special remuneration
policies to practitioners.
7. Adopting policies for
development of human resources in hospital management and administration.
8. Promoting the roles of
healthcare socio-professional organizations in medical examination and
treatment services.
9. Upholding and promoting
traditional medicine; combining traditional medicine with modern medicine.
10. Combining military and civil
medicine in healthcare.
Article 5. State management of
healthcare
1. Objectives of the State
management of healthcare, including:
a) Formulate, promulgate and
organize the implementation of legal documents on healthcare; adopt a system of
technical standards and regulations on healthcare;
b) Develop, adopt and implement
healthcare strategies, policies, programs, projects and plans;
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d) Set forth regulatory provisions
regarding professional and technical expertise, criteria, standards and
regulations in healthcare;
dd) Organize, design and manage the
system of medical establishments; assess the quality of medical establishments;
e) Confer, suspend and revoke
practising licenses of practitioners; operating licenses of medical
establishments;
g) Provide training courses
designed to develop human resources needed for delivery of medical services;
provide education about, propagate and disseminate knowledge and laws on
medical examination and treatment; offer guidance on application of the policy
for rotation of practitioners;
h) Conduct scientific and
technological researches; develop science and technology; transfer technologies
in healthcare;
i) Design, run and administer the
healthcare management information system;
k) Carry out the State management
of prices of medical services in accordance with this Law and other legislation
on prices;
l) Seek international cooperation
in the health industry;
m) Inspect and handle complaints or
accusations, and sanction any violation arising in healthcare.
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a) The Government shall be
responsible for the uniform state management of healthcare;
b) The Ministry of Health shall be
held accountable to the Government for its state management of healthcare;
c) The Ministry of National Defense
and the Ministry of Public Security shall, within the range of their tasks and
powers, perform the state management of healthcare, and take responsibility for
organizing the healthcare systems and services under their jurisdiction
pursuant to this Law;
d) Ministries and Ministry-level
agencies shall, within the ambit of their duties and powers, have the burden of
cooperating with the Ministry of Health in performing the task of State
management of healthcare;
dd) People’s Committees at all
levels shall perform the state management of healthcare in areas falling within
their relevant remit.
Article 6. Healthcare
socio-professional organizations
Healthcare socio-professional
organizations set up and run in accordance with laws on organizations and
associations shall assume the following responsibilities:
1. Protect legal rights and
interests of their members in accordance with laws;
2. Take part in the process of
formulation of policies and laws on medical examination and treatment;
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4. Disseminate professional
knowledge, regulatory policies and laws on medical examination and treatment to
members, and provide them with training courses on these matters in accordance
with law;
5. Carry out healthcare research
programs and projects; provide counsels on and participate in the social
supervision and review process towards healthcare in accordance with law;
6. Take part in formulation and implementation
of the code of professional ethics; influence members, entities and persons
engaged in medical examination and treatment activities to comply with laws;
7. Mobilize social resources needed
for healthcare services to be rendered in accordance with laws;
8. Petition competent State
agencies to punish offences against law on medical examination and treatment.
Article 7. Prohibited acts in
healthcare services
1. Infringe patients’ rights.
2. Refuse or intentionally delay to
refer patients to emergency care services, except as defined in Article 40
herein.
3. Carry out healthcare services
that do not satisfy the conditions set out in Article 19 herein.
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5. Practice medicine at the time or
place which is not stated in the registration for practice of medicine, except
as specified in clause 3 of Article 36 herein.
6. Fail to comply with regulations
on professional and technical expertise in healthcare; use any professional
method and technique, or medical equipment that has not been approved by
competent authorities.
7. Prescribe medications that have
not obtained marketing authorization as provided in law on pharmacy in
healthcare.
8. Commit the act of harassment in
the delivery of medical services.
9. Prescribe patients drugs,
technical and medical equipment services; suggest referral to other medical
establishments to patients, or commit other acts for personal gain.
10. Erase and tamper with medical
records in order to falsify information on medical examination and treatment,
or create fraudulent medical records or other documents showing medical
examination and treatment results.
11. Any practitioner sells drugs in
any form, except in the following cases:
a) Traditional medicine doctors,
traditional medicine physician assistants or traditional medicine herbalists
who sell traditional medications;
b) Holders of folk remedies who
sell drugs prescribed according to folk remedies under their registered
ownership.
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13. Use any form of superstition in
the distribution of medical services.
14. Refuse to participate in
rendering medical services in case of a natural disaster, calamity, group-A
infectious disease or a state of emergency according to the mobilization or
dispatch decision of the competent body or person, except as defined under the
regulatory provisions of point a and b of clause 3 of Article 47 herein.
15. Any medical establishment
provides healthcare services if it
a) does not hold any operating
license;
b) is under suspension of its
operations;
c) delivers healthcare services
that do not fall within the scope of permitted professional activities, except
in case of emergency, or as these healthcare services are delivered under a
mobilization or dispatch decision of the competent authority in response to a
natural disaster, catastrophe, group-A infectious disease or state of
emergency.
16. rents, borrows; leases or lends
out practicing or operating licenses.
17. Misuse a practitioner's image
and status to speak about, propagate and encourage patients to use unrecognized
medical tests or therapies.
18. Infringe upon the life and
health, or offend the honor and dignity, of practitioners and other people
working at medical establishments, or damage or sabotage medical
establishments’ property.
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20. Advertise beyond the scope of
practice or professional activities approved by a competent authority; abuse
medical knowledge to falsely advertise medical services.
21. Publish information not yet
validated by competent authorities that medical incidents are ascribed to
medical practitioners or medical establishments.
Article 8. Patients’
representatives
1. A patient may choose only one
representative at a time.
2. A patient's representative must
have full civil capacity, and may be:
a) a person elected by an adult
patient;
b) a person chosen by a family
member of the patient if the adult patient neither makes his/her own decision
nor grants authorization before falling into a state of impaired or difficult
cognition and behavior control;
c) either his/her authorized
representative or legal representative defined under the regulatory provisions
of the Civil Code;
d) a legal representative of a
juridical person pursuant to the Civil Code, or the person assigned by a
juridical person who is responsible for monitoring, care, custody, nursing or
upbringing of that patient as per the Civil Code;
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3. A patient’s representative may
be changed in the following cases:
a) In order to change the
representative referred to in point a of clause 2 of this Article, confirmation
shall be provided by the patient as a principal;
b) In order to change the
representative referred to in point b of clause 2 of this Article, confirmation
shall be provided by the patient as a principal or the patient’s family member;
c) In order to change a
representative who is also a parent of a minor (or juvenile) patient, the
patient’s confirmation shall not be required;
d) If the representative is a guardian;
is designated by the Court; is a legal representative of a juridical person or
a person assigned by a juridical person, the change of that representative
shall be effected by enforcing the authorization decision of a competent entity
or organization;
dd) If the representative is an
authorized representative, the change of that representative shall be effected
by enforcing the power of attorney by operation of law.
4. Rights and obligations of
representatives, legal consequences arising from the act of representation,
term of representation, scope of representation activities shall be subject to
the regulatory provisions of the Civil Code and other relevant laws.
Chapter II
PATIENTS’ RIGHTS AND OBLIGATIONS
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Article 9. Right of medical
examination and treatment
1. Receive information and
explanations about the patient’s health status; healthcare methods and
services, prices of healthcare services; have access to the instructions for
health self-monitoring, self-care and prevention of medical accidents.
2. Have access to medical services
rendered by employing the safe healthcare method appropriate for their clinical
condition, health status and actual condition of each medical establishment.
Article 10. Right to respect,
health protection and privacy in healthcare
1. Patients shall gain respect in
terms of their age, gender, ethnicity, religion, personal belief, health
status, economic condition, and social status.
2. Patients’ information contained
in medical records, and other information about private life that they have
provided to practitioners during the course of medical examination and
treatment shall be kept confidential, unless as the patient agrees to share
information as permitted by laws, or as specified in clause 3 and 4 of Article
69 herein.
3. Patients shall not suffer from
stigma, discrimination, mistreatment, physical or sexual abuse during the
course of medical examination and treatment.
4. Patients shall not be forced
into clinical services, except if they are classified as those subject to
involuntary treatment requirements as defined in clause 1 of Article 82 herein.
Article 11. Right to make
choices in healthcare
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2. Patients shall be given the
option to accept or reject participation in biomedical researches for
healthcare applications.
Article 12. Right of access to
information about medical records and healthcare costs and expenses
1. Patients shall be entitled to
read, look at, copy, scan or take notes of medical records, and be provided
with medical record summaries pursuant to point d of clause 4 of Article 69
herein.
2. Patients may request itemized
hospital bills with a breakdown or explanation of medical service charges to be
provided.
Article 13. Right to refuse
medical services and leave medical establishments
1. Patients may refuse medical
care, but must commit themselves in writing to take responsibility for their
refusal after being consulted by practitioners, except for those subject to the
involuntary treatment requirement specified in clause 1 of Article 82 herein.
2. Patients may leave medical
establishments before the end of the course of their medical treatment to the
neglect of practitioners’ medical instructions, but must commit themselves in
writing to take responsibility for their leaving, except for those subject to
the involuntary treatment requirement specified in clause 1 of Article 82
herein.
Article 14. Right to complain
and claim compensation
1. Patients shall be entitled to
complain about issues and problems arising from medical services.
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Article 15. Exercise of the
rights of the patients who lose their capacity to perform civil acts; have
difficulties in cognition, behavior control; have the limited capacity to
perform civil acts; of the minor patients; of the patients without families
1. If an adult patient has
expressed his/her wish relating to medical care before losing his/her capacity
to perform his/her civil acts, and/or facing impairment of his/her cognition,
difficulties in control of his/her behavior, or limitation to capacity to
perform his/her civil acts, his/her wish shall be respected.
2. If an adult patient has not
expressed his/her wish relating to medical care before losing his/her capacity
to perform his/her civil acts, and/or facing impairment of his/her cognition,
difficulties in control of his/her behavior, or limitation to capacity to
perform his/her civil acts, exercise of his/her right shall be subject to the
following regulations:
a) if he/she has a representative
described in point a, b, c and d of clause 2 of Article 8 herein, the patient’s
exercise of his/her right shall follow the representative’s decision;
b) if he/she does not have any
representative described in point a, b, c and d of clause 2 of Article 8
herein, the patient’s exercise of his/her right shall follow the decision of
the person in charge of professional practices or the shift-working chief at a
medical establishment.
3. A minor patient shall comply
with the following regulations:
a) If he/she has a representative
described in point c and d of clause 2 of Article 8 herein, the patient’s
exercise of his/her right shall follow the representative’s decision;
b) if he/she does not have any
representative described in point c and d of clause 2 of Article 8 herein, the
patient’s exercise of his/her right shall follow the decision of the person in
charge of professional practices or the shift working chief at a medical
establishment.
Section 2. PATIENTS’ OBLIGATIONS
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Patients should respect
practitioners; shall be prohibited from performing any act of threatening or
infringing upon the life and health, or offending the honor and dignity, of practitioners
and other staff members at medical establishments.
Article 17. Obligations to
observe medical examination and treatment regulations
1. Provide authentic information
and bear responsibility for information relating to their identities and health
status; fully cooperate with practitioners and other staff at medical
establishments.
2. Comply with regulations on
medical diagnosis and therapies prescribed or consulted by practitioners.
3. Comply with and request
patients’ family members, relatives or visitors to comply with hospital
etiquettes and laws on medical examination and treatment.
Article 18. Obligations to pay
healthcare bills
1. Patients holding health
insurance policies shall be liable for all costs and expenses that are paid for
medical services that are not covered, or greater than the maximum coverage
percentages as defined in laws on health insurance.
2. Patients not holding any health
insurance policies shall be obliged to pay medical services in accordance with
laws.
Chapter III
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Section 1. CONDITIONS FOR
PRACTICE OF MEDICINE
Article 19. Conditions for an
individual’s eligibility to practise medicine
1. Any individual shall be
permitted to provide medical services in Vietnam when fully meeting the
following requirements:
a) His/her certificate of practice
of medicine remains valid;
b) He/she has obtained registration
for practice of medicine, except as prescribed in clause 3 of Article 36
herein;
c) He/she satisfies language
proficiency requirements in healthcare as set out in Article 21 herein;
d) He/she reaches health standards
required by the Minister of Health;
dd) He/she is not any of those
covered in Article 20 herein.
2. Any individual may practise as a
medical practitioner without being required to satisfy the conditions specified
in point a, b and c of clause 1 of this Article when:
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b) as a village health worker,
village midwife or health worker working at a health care agency, unit or
organization that is not incorporated as a medical establishment, he/she may
only practise medicine within the range of assigned duties and after completing
a training course in specialties or professional skills decided by the Minister
of Health;
c) he/she is one of the subjects of
application of clause 1 of Article 115 herein;
d) he/she is someone else
participating in the process of medical care as instructed by the Government.
3. Any foreigner or overseas
Vietnamese who has obtained a practicing license issued by a competent foreign
agency or organization may organize humanitarian outreach healthcare campaigns
at intervals, cooperate in provision of training courses on medicine involving
medical internship, or transfer professional techniques in medicine under the
provisions of this Law, without the encumbrance of the conditions specified in
point a and b of clause 1 of this Article.
4. Any person participating in a
community-based medical emergency who is not an out-of-hospital paramedic shall
not be required to satisfy the conditions specified in clause 1 of this
Article.
Article 20. Medical
practitioners subject to prohibition of the practice of medicine
1. Any medical practitioner who is
criminally prosecuted for any offence involving their application of
professional and technical expertise in healthcare.
2. Any medical practitioner who is
serving a suspended sentence or non-custodial correctional sentence for any
offence involving their application of professional and technical expertise in
healthcare.
3. Any person or individual
previously serving imprisoned for an offence involving their application of
professional and technical expertise in healthcare, but released on conditional
parole, who is being put on probation.
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5. Any medical practitioner who is
banned from practicing medicine under a criminal judgment of the court of legal
effect, or is subject to a restriction on the practice of medicine pursuant to
the decision of a competent authority.
6. Any medical practitioner that
loses his/her capacity to perform civil acts or has impaired cognition or
difficulties in behavior control, or restricted capacity to perform his/her
civil acts.
Article 21. Use of languages in
the practice of medicine
1. The language used in the
delivery of healthcare is Vietnamese, except as defined in clause 2 of this
Article.
2. Any medical practitioner who is
a foreigner or overseas Vietnamese (hereinafter referred to as foreign
practitioner) may use other languages rather than Vietnamese to provide medical
care to patients if:
a) these patients and their
practitioners use the same language; these patients are proficient in the
languages that medical practitioners have registered for use in their practice
of medicine;
b) these patients are foreigners
and are not covered in point a of this clause;
c) the humanitarian outreach
healthcare campaign organized at intervals; the transfer of professional and
technical expertise in healthcare takes place under the cooperation agreement
between a medical establishment of Vietnam and a foreign medical establishment.
3. The usage of language prescribed
in clause 2 of this Article shall conform to the following regulations:
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b) Information required for the
delivery of healthcare shall be given in the language that the foreign medical
practitioner has registered for usage, and be translated into Vietnamese.
4. The Government shall elaborate
on this Article; shall impose regulations on qualification criteria of the
language interpreter referred to in point a of clause 3 of this Article; on the
usage of language in the distribution of healthcare services to ethnic
minorities who are incapable of using Vietnamese; people with language disorder
or impairment; foreign patients.
Article 22. Continuously
updating medical knowledge
1. Any medical practitioner holding
one of the titles as a doctor, physician assistant, nurse, midwife, medical
technician, clinical nutritionist, out-of-hospital paramedic or clinical
psychologist shall be responsible for keeping themselves continuously updated
with the latest medical knowledge relevant to the scope of their practice of
medicine.
2. Ways to continuously update
medical knowledge, including:
a) Participating in short-term
training courses, conferences and workshops on medicine designed to be relevant
to the scope of practice of medicine;
b) Getting involved in designing
professional curricula, syllabi and materials relating to healthcare;
c) Conducting scientific and
academic researches in medicine relevant to the scope of practice of medicine;
d) Self-education and others.
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4. The Minister of Health shall
elaborate on this Article.
Section 2. CONDUCT OF ASSESSMENT
OF QUALIFICATION FOR PRACTICE OF MEDICINE
Article 23. Practicing as
medical interns
1. Any person applying for a
practising license as a doctor, physician assistant, nurse, midwife, medical
technician, clinical nutritionist, out-of-hospital paramedic or clinical
psychologist shall be required to practise as a medical intern to provide
medical care according to the principles specified in clause 2 of this Article,
except if:
a) he/she has completed a training
course in specialization;
b) he/she has been awarded a
practising license issued by a competent foreign body or entity, and recognized
pursuant to Article 29 herein.
2. Practising as medical interns
providing healthcare shall follow the principles stated hereunder:
a) The awarded academic
qualification must be relevant;
b) The objectives of medical
internship must fit into the scope of operations of a medical establishment;
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d) The medical establishment
accepting medical interns must assign its staff as instructors to give medical
internship guide, register the list of medical interns on its premises on the
healthcare management information system, and give medical interns written
confirmation of their medical internship;
dd) All of the assigned instructors
must be medical practitioners whose professional duties are suitable for the
instruction on the medical interns’ practice of medicine and must be
responsible for the medical interns’ professional activities during internship,
except where the medical interns intentionally violate laws;
e) Medical interns must submit to
the command and guidance of their instructors, and respect patients’ rights and
obligations.
3. The Government shall elaborate
on this Article.
Article 24. Assessment of
qualification for practice of medicine (hereinafter referred to as
qualification test)
1. Taking the qualification test
shall be prerequisite for application for practising licenses to be awarded to
medical practitioners holding the titles of doctor, physician assistant, nurse,
midwife, medical technician, clinical nutritionist, out-of-hospital paramedic
or clinical psychologist.
2. In order to be eligible to take
a qualification test, a candidate must:
a) hold an academic qualification
appropriate for each professional title specified in clause 1 of this Article;
b) complete the medical internship
as defined in Article 23 herein.
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4. Candidates taking qualification
tests shall be liable for fees, costs and expenses incurred from these tests.
5. The Government shall elaborate
on this Article.
Article 25. Vietnam’s National
Medical Council (VNMC)
1. VNMC is an organization created
by the Prime Minister that functions as an independent appraiser of
qualification for the practice of medicine; has its own seal and headquarter.
2. It shall have the following
tasks and duties:
a) Preside over and cooperate with
healthcare socio-professional organizations and other relevant agencies and
organizations in developing a benchmarking toolkit for assessment and
measurement of qualification for the practice of medicine;
b) Adopt the aforesaid benchmarking
toolkit;
c) Conduct qualification tests;
d) Receive, process and handle
requests and complaints, or cooperate with state agencies in handling
complaints and denunciations relating to qualification test results;
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3. The Prime Minister shall impose
regulations on VNMC’s organization and operation.
Section 3. PRACTISING LICENSES
Article 26. Professional ranks
or titles requiring practising licenses
1. Below are professional ranks or titles
requiring practising licenses:
a) Doctors;
b) Physician assistants;
c) Nurses;
d) Midwives;
dd) Medical technicians;
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g) (Out-of-hospital) paramedics;
h) Clinical psychologists;
i) Herbalists;
k) Holders of folk remedies or
therapies.
2. The Government shall lay down
regulations for professional ranks or titles; conditions for issuance,
re-issuance, renewal, modification or revision, suspension of medical practice,
and revocation or withdrawal of practicing licenses with respect to
professional ranks or titles that are added in the list of professional ranks
or titles specified in clause 1 of this Article to keep up with the
socio-economic developments of our country over periods of time after
presenting the updated list to the National Assembly’s Standing Committee to
seek its approval.
3. The Minister of Health shall
impose regulations on the scope of medical activities involved in the practice
of medicine to be applied to specific professional ranks or titles.
Article 27. Practising licenses
1. Each medical practitioner may be
awarded only one practising license that is valid for use nationwide.
2. The validity period of each
practising license shall be 05 years.
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a) Full name; date of birth;
personal identification number for Vietnamese practitioners; Passport number
and nationality for foreign practitioners;
b) Professional title;
c) Scope of practice;
d) Validity period or expiry date of
the practicing license.
4. Applicants for issuance,
re-issuance, renewal, revision or modification of practising licenses shall pay
fees defined in law on fees and charges, except as it is the fault of an agency
having jurisdiction to issue practising licenses that a practising license
needs to be issued, re-issued, renewed, revised or modified .
5. The Minister of Health shall
elaborate on this Article and decide on the practising license design or
format.
Article 28. Authority to issue,
reissue, renew, modify or revise practising licenses; suspend practice of
medicine, revoke or withdraw practising licenses
1. Authority to issue, reissue,
renew, modify or revise practising licenses shall be regulated as follows:
a) The Ministry of Health shall be
accorded authority to issue, re-issue, renew, modify or revise practising
licenses for the title of doctor, physician assistant, nurse, midwife, medical
technician, clinical nutritionist, out-of-hospital paramedic or clinical
psychologist if holders thereof are working for medical establishments under
its jurisdiction;
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c) The Ministry of Public Security
shall be accorded authority to issue, re-issue, renew, modify or revise
practising licenses for the title of doctor, physician assistant, nurse,
midwife, medical technician, clinical nutritionist, out-of-hospital paramedic
or clinical psychologist if holders thereof are working for medical
establishments under its jurisdiction;
d) Medical agencies under
provincial People’s Committees shall be accorded authority to issue, re-issue,
renew, modify or revise practising licenses for those titles specified in
clause 1 of Article 26 herein, except as prescribed in point a, b and c of this
clause.
2. Authority to suspend, withdraw
or revoke practising licenses shall be regulated as follows:
a) The Ministry of Health shall be
empowered to suspend medical practitioners working for medical establishments
nationwide from their practice of medicine; revoke or withdraw practising
licenses of medical practitioners working for medical establishments under its
jurisdiction;
b) The Ministry of National Defence
shall be empowered to enforce suspension of practice of medicine, revocation or
withdrawal of practising licenses on medical practitioners working for medical
establishments under its jurisdiction;
c) The Ministry of Public Security
shall be empowered to enforce suspension of practice of medicine, revocation or
withdrawal of practising licenses on medical practitioners working for medical
establishments under its jurisdiction;
d) Medical agencies under
provincial People’s Committees shall be empowered to suspend medical
practitioners working for medical establishments falling within their remit
from their practice of medicine; revoke or withdraw practising licenses of
medical practitioners working for medical establishments under their
jurisdiction.
Article 29. Recognition of
practising licenses issued by competent foreign bodies or entities
1. Practising licenses issued by
competent foreign bodies or entities shall be considered for recognition when
fully meeting the following conditions:
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b) These practising licenses remain
valid at the time of application for recognition;
c) These practising licenses
contain information about professional titles that shall be equivalent to one
of the professional titles specified in point a, b, c, d, dd, e, g and h of
clause 1 of Article 26 herein.
2. Recognition procedures shall be
as follows:
a) The practising license holder
sends the application package for recognition to the Ministry of Health,
including the application form for recognition and the valid copy of the
practising license in question;
b) Within 30 days of receipt of the
application package, the Ministry of Health is obliged to send a response
stating acceptance or refusal of grant of recognition;
c) Where it is necessary to verify
matters relating to the applicant’s training in foreign countries, the duration
of decision to grant recognition shall be 30 days from the day on which
verification results are available.
3. Assessment for accreditation of
a foreign body or entity issuing practising licenses shall deal with:
a) its training system;
b) its system, processes and
procedures for award of practising licenses, and regulations on professional
titles and scope of practice.
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5. The Government shall elaborate
on this Article.
Article 30. Issuance of
practising licenses
1. A practising license may be
issued to:
a) a person who first applies for
the practising license;
b) a medical practitioner whose
professional title specified in his/her practising license is changed;
c) a person whose practising
license is revoked as prescribed in regulations on issuance of practising
licenses of the Government;
d) Other persons as decided by the
Government.
2. Conditions for issuance of
practising licenses applied to those holding the professional titles as
doctors, physician assistants, nurses, midwives, medical technicians, clinical
nutritionists, out-of-hospital paramedics or clinical psychologists shall be as
follows:
a) Applicants are accredited for
the practice of medicine by passing qualification tests specified in Article 24
herein, or hold practising licenses recognized pursuant to Article 29 herein;
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c) Foreign applicants satisfy Vietnamese
proficiency requirements under the Government's regulations;
d) Applicants do not get into the
situations specified in Article 20 herein, or are punished for administrative
offences involving the unlicensed practice of medicine within the time limit
assigned for deeming that they have not yet been punished for administrative
offences.
3. Conditions for issuance of
practising licenses applied to those holding the professional titles as
herbalists, holders of folk remedies or therapies shall be as follows:
a) Applicants hold herbalist
certificates or certificates of holders of folk remedies or therapies;
b) Applicants satisfy the
conditions laid down in point b, c and d of clause 2 of this Article.
4. An application package for
issuance of a practising license shall be composed of:
a) Application form;
b) Documentary evidence of
conformance to the conditions specified in clause 2 or 3 of this Article with
respect to corresponding professional titles.
5. Procedures for issuance of a
practising license shall be regulated hereunder:
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b) The competent licensing agency
is required to issue the requested practising license within 30 days of receipt
of all required documents; in case of rejection, a written response, clearly
stating reasons for such rejection, shall be sent to the applicant;
c) Where it is necessary to verify
documents of foreign origin enclosed in the application package, the duration
of decision to issue a practising license shall be 30 days from the day on
which verification results are available.
6. The Government shall elaborate
on this Article.
Article 31. Re-issuance of
practising licenses
1. A practising license may be re-issued
if:
a) it is lost or damaged;
b) there is any change in the
information specified in point a of clause 3 of Article 27 herein, or any error
in the information specified in clause 3 of Article 27 herein;
c) the person whose practising
license is revoked meets the Government’s regulations on re-issuance of
practising licenses;
d) it is issued ultra vires;
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2. Conditions for re-issuance of a
practising license shall be as follows:
a) The practising license already
exists;
b) Conditions fitted to the content
of the application for re-issuance are satisfied;
c) Any of the cases prescribed in
Article 20 herein does not occur.
3. An application package for
re-issuance of a practising license shall be composed of:
a) Application form;
b) Documentary evidence of
conformance to the conditions specified in clause 2 of this Article.
4. Procedures for re-issuance of a
practising license shall be regulated hereunder:
a) The applicant submits the
application package defined in clause 3 of this Article to the competent
licensing agency;
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c) Where it is necessary to verify
documents of foreign origin enclosed in the application package, the duration
of decision to re-issue a practising license shall be 15 days from the day on
which verification results are available.
5. The Government shall elaborate
on this Article.
Article 32. Renewal of
practising licenses
1. A practising license may be
renewed if the practising license expires.
2. Conditions for renewal of
practising licenses applied to those holding the professional titles as
doctors, physician assistants, nurses, midwives, medical technicians, clinical
nutritionists, out-of-hospital paramedics, clinical psychologists or herbalists
shall be as follows:
a) Satisfy the requirements for
continuously updating medical knowledge set out in Article 22 herein;
b) Have good health to practice
medicine;
c) Be obliged to complete renewal
procedures at least 60 days before the practising license expires, unless
otherwise required under the Government's regulations;
d) Any of the cases prescribed in
Article 20 herein does not occur.
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4. The application package for
renewal of a practising license shall be composed of the documentary evidence
of conformance to the conditions specified in clause 2 or 3 of this Article.
5. Procedures for renewal of a
practising license shall be regulated hereunder:
a) The applicant submits the
application package defined in clause 4 of this Article to the competent
licensing agency;
b) During the period from the date
of receipt of all required application documents to the expiry date printed on
a practising license, the competent licensing agency shall be responsible for
renewing it or replying in writing to the license holder with clear reasons for
rejection of renewal; where there is no written reply till the expiry date
printed on the foregoing practising license, it shall be renewed as per clause
2 of Article 27 herein;
c) Where it is necessary to verify
whether the applicant participates in medical knowledge updating programs run
by a qualified foreign entity or organization, the duration of decision to
renew the practising license shall be 15 days from the day on which
verification results are available.
6. The Government shall elaborate
on this Article.
Article 33. Modification or
revision of practising licenses
1. Practising licenses awarded to
medical practitioners holding the titles as doctors, physician assistants,
nurses, midwives, medical technicians, clinical nutritionists, out-of-hospital
paramedics or clinical psychologists may be modified or revised when there is
any change in the scope of medical practice.
2. Conditions for modification or
revision of a practising license shall be as follows:
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b) The applicant meets the medical
internship requirements applied to several fields of specialization;
c) Any of the cases prescribed in
Article 20 herein does not occur.
3. An application package for
modification or revision of a practising license shall be composed of:
a) The application form;
b) The documentary evidence of
conformance to the conditions specified in clause 2 of this Article.
4. Procedures for modification or
revision of a practising license shall be regulated hereunder:
a) The applicant submits the
application package defined in clause 3 of this Article to the competent
licensing agency;
b) The competent licensing agency
is required to modify or revise the foregoing practising license within 15 days
of receipt of all required documents; in case of rejection, a written response,
clearly stating reasons for such rejection, shall be sent to the applicant;
c) Where it is necessary to verify
documents of foreign origin enclosed in the application package, the duration
of decision to modify or revise a practising license shall be 15 days from the
day on which verification results are available.
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Article 34. Suspension of
practice of medicine
1. A medical practitioner shall be
suspended from his/her practice of medicine if:
a) the Expert Panel defined in Article
101 herein establishes that he/she has committed an error related to his/her
professional and technical expertise in healthcare to the extent of incurring
the sanction of suspension of his/her practice of medicine due to the fact that
such error does not cause him/her to deserve the more severe sanction of
revocation or withdrawal of his/her practising license;
b) the competent authority
establishes that he/she has committed a violation against professional ethics
which is not so severe that the sanction of revocation or withdrawal of his/her
practising license is imposed;
c) he/she is not healthy enough to
practise medicine.
2. Depending on the nature and
severity of an error related to professional and technical expertise in
healthcare, violation of professional ethics and his/her health status, the
medical practitioner may be suspended from practice of medicine for 1 to 24
months.
3. After being suspended from
practising medicine, depending on the nature and severity of his/her error in
professional and technical expertise in healthcare, the medical practitioner
shall be required to keep up with the most updated medical knowledge according
to the conclusion of the Expert Panel pursuant to Article 101 herein.
4. The Government shall elaborate
on this Article.
Article 35. Revocation or
withdrawal of practising licenses
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a) the application package for
award of that practising license fails to meet regulations;
b) there is any fraudulent document
enclosed in the application package for issuance of the practising license;
c) the professional title or the
scope of practice printed in that practising license is different from those
stated in the application package for issuance of the practising license;
d) the medical practitioner holding
the practising license has not practiced medicine for 24 consecutive months,
except when he/she takes a medical training course;
d) the medical practitioner is
subject to prohibition of practice of medicine as defined in clause 1,2, 3, 4
and 6 of Article 20 herein;
e) the Expert Panel defined in
Article 101 herein establishes that the medical practitioner holding that
practising license has committed an error related to his/her professional and
technical expertise in healthcare to the extent of incurring the sanction of
revocation or withdrawal of his/her practising license;
g) the Expert Panel defined in
Article 101 herein establishes that the medical practitioner holding that
practising license has committed an error related to his/her professional and
technical expertise in healthcare for the second time to the extent of
incurring the sanction of suspension of his/her practice of medicine;
h) the competent state agency
establishes that the medical practitioner holding that practising license has
violated professional ethics to the extent of incurring the sanction of
suspension of his/her practice of medicine within the validity period of that
practising license;
i) that practising license is
revoked or withdrawn at the request of the medical practitioner holding it;
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2. After his/her practising license
is revoked or withdrawn, the medical practitioner who wishes to carry on
his/her practice of medicine shall be required to apply for a new practising
license to be issued in accordance with point c of clause 1 of Article 30
herein, or apply for another practising license to be re-issued in accordance
with point c of clause 1 of Article 31 herein.
3. The Government shall elaborate
on this Article.
Section 4. REGISTRATION FOR
PRACTICE OF MEDICINE
Article 36. Registration
principles
1. A medical practitioner may
register for his/her practice of medicine at different medical establishments
provided that his/her working hours at these medical establishments do not
overlap.
2. A medical practitioner may hold
one or more professional positions listed hereunder on registration with a
medical establishment on condition that he/she is required to perform well in
his/her assignments:
a) Providing medical services
according to his/her practising license;
b) Being in charge of a specialized
department;
c) Assuming professional
responsibilities at his/her employing medical establishments.
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a) he/she provides emergency care
off the premises, except out-of-hospital emergency care;
b) he/she is mobilized and
dispatched by the competent body or person to participate in medical
examination and treatment activities in response to a natural disaster,
calamity, group-A infectious disease or a state of emergency;
c) he/she takes part in
humanitarian outreach healthcare campaigns organized at intervals;
d) he/she temporarily provides
medical care during the period of transfer of professional and technical
expertise in healthcare or technical assistance at another medical
establishment;
dd) Other circumstances regulated
by the Minister of Health arise.
Article 37. Information required
for registration
1. Full name, reference number of
the practising license.
2. Professional title or rank of
the medical practitioner.
3. Information about the practice
location, including name and address of the medical establishment granting
registration to the medical practitioner.
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5. The language used by the foreign
medical practitioner in the delivery of healthcare. This information is
required for those defined in point a and b of clause 2 of Article 21 herein.
Article 38. Responsibilities
arising from registration for practice of medicine
1. A medical establishment shall
acts as follow to get registration for their medical practitioners:
a) Sending the list of medical
practitioners applying for registration together with the application for
issuance of an operating license to the agency having jurisdiction to grant
operating licenses;
b) If any change of medical
practitioners on the list occurs pending issuance of the operating license or
during its operation, the application form for registration shall be sent to
the agency having jurisdiction to award operating licenses.
2. The agency having jurisdiction
to issue operating licenses shall have the duty to publish the list of
registered medical practitioners on the healthcare management information
system
a) at the same time as issuance of
the operating license with respect to the original list specified in point a,
and the updated list specified in point b of clause 1 of this Article;
b) within 05 working days of
receipt of the application form for practice of medicine with respect to the
updated list specified in point b of clause 1 of this Article.
3. The Government shall imposed
detailed regulations on registration for practice of medicine specified in
Section 4 of Chapter III herein.
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Article 39. Right to practise
medicine
1. Practise medicine according to
the permitted scope of practice.
2. Make decisions pertaining to
medical diagnosis and therapy if the scope of practice permits.
3. Practise medicine at different
medical establishments in compliance with regulations on registration for
practice of medicine enshrined herein.
4. Become members of healthcare
socio-professional organizations.
Article 40. Right of refusal to
provide medical care
Medical practitioners may refuse to
provide medical care in the following cases:
1. If the medical prognosis
indicates that a patient’s disease is beyond the competence or scope of
practice of the medical practitioner receiving that patient, he/she may refuse
to provide medical care, but must refer the patient to another medical
practitioner or other suitable medical establishment, and must perform the
practice of first aid, emergency care, monitoring, care and treatment of the
patient until such referral is completed;
2. Such medical care is in breach
of laws or professional ethics;
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4. The patient requires the method
of medical examination or treatment that is not permitted by regulations on
professional and technical expertise in healthcare;
5. The patient, the patient's
representative referred to in point a of clause 2 and point a of clause 3 of
Article 15 herein fails to comply with the medical practitioner's prescription
for the medical diagnosis or therapy after being consulted or encouraged by the
medical practitioner despite the fact that such non-compliance is prone to harm
the patient's health and life.
Article 41. Right to improvement
of professional qualification
1. Have access to training courses
designed to improve professional qualification.
2. Receive continuous updates on
medical knowledge that are appropriate to the scope of practice.
3. Participate in training sessions,
and exchange healthcare information and knowledge about laws on medicine.
Article 42. Right to be
protected in case of occurrence of medical incidents
1. Medical practitioners shall be
afforded protection by law, and granted exemption from any blame for medical
incidents if they practise medicine in compliance with regulations.
2. Medical practitioners may
request healthcare agencies, entities or socio-professional organizations to
protect their legitimate rights and interests in case of occurrence of medical
incidents.
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1. Enjoy workplace safety and
hygiene standards while on duty as per laws on occupational safety and hygiene.
2. Be offered protection of their
honor, dignity, health and life.
3. Gain permission to temporarily
leave their workplace to avoid any threat to their health and life posed by
other person on condition that they promptly notify the person in charge of
professional practices or the shift-working chief at the medical establishment,
or the police authority or the nearest local authority.
Section 6. MEDICAL
PRACTITIONERS’ OBLIGATIONS
Article 44. Obligations to
patients
1. Promptly provide first aid,
emergency care or medical care to patients, except as specified in clause 2, 3,
4 and 5 of Article 40 herein.
2. Respect patients’ rights; have a
considerate and gentle attitude towards patients.
3. Provide counsels and information
pursuant to clause 1 of Article 9 herein.
4. Treat patients equally; avoid
allowing personal interests or discrimination to influence their professional
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Article 45. Obligations relating
to the medical profession
1. Comply with regulations
pertaining to professional and technical expertise in healthcare.
2. Assume responsibility for their
delivery of healthcare.
3. Continuously learn and update
their medical knowledge.
4. Offer whole-hearted medical
services.
5. Protect the privacy in terms of
patients’ medical condition, information provided by patients and their medical
records, except as agreed by patients to share such information and defined in
clause 3 and 4 of Article 69 herein.
6. Report any act of patient
deception or violation against this Law committed by medical practitioners to
competent persons.
Article 46. Obligations to
colleagues
1. Cooperate with their colleagues
in healthcare.
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Article 47. Social obligations
1. Participate in first aid, health
protection and health education in the community.
2. Join in supervising the medical
skills and competence and professional ethics of other practitioners.
3. Observe temporary job rotation
decisions issued by their immediately supervisory agencies; mobilization or
dispatch decisions from competent agencies or persons to join in providing
medical services in case of a natural disaster, calamity, group-A infectious
disease or a state of emergency with the exceptions mentioned hereunder:
a) Medical practitioners who are
pregnant or nursing a child under 24 months of age, unless they volunteer;
b) Medical practitioners who are in
a high-risk category for epidemics and otherwise regulated by the Minister of
Health.
Chapter IV
MEDICAL ESTABLISHMENTS
Section 1. Operating licenses
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1. Medical establishments may take
the following forms:
a) Hospitals;
b) Sick houses under People’s armed
forces;
c) Maternity wards;
d) Clinics;
dd) Traditional medicine clinics;
e) Subclinical service centers;
g) Health stations;
h) Out-of-hospital emergency care
facilities;
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k) Other forms of organization of
medical establishments regulated by the Government.
2. Where medical assessment
centers, forensic examination establishments, forensic mental health
facilities, medical centers or institutes with hospital beds, medical agencies,
units, organizations or facilities having different names provide healthcare
services, they shall be required to apply for operating licenses according to
licensing procedures pertinent to respective forms of organization of medical
establishments specified in clause 1 of this Article.
3. The Government shall elaborate
on this Article.
Article 49. Operating conditions
applicable to medical establishments
1. They have obtained operating
licenses from competent agencies.
2. They meet basic quality
standards defined in point a of clause 1 of Article 57 herein during their
operation.
Article 50. Operating licenses
of medical establishments
1. Each medical establishment may
hold an operating license for indefinite term. If a medical establishment has
its branches at other locations, each of these branches must hold an operating
license separately.
2. An operating license shall
include but not limited to the following information:
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b) Form of organization;
c) Operating address;
d) Scope of professional
operations;
dd) Office hours.
3. Applicants for issuance,
re-issuance, revision or modification of operating licenses shall be required
to pay fees defined in law on fees and charges, except as it is the fault of an
agency having jurisdiction to issue operating licenses that an operating
license needs to be issued, re-issued, revised or modified.
4. Within 05 working days from the
date of issuance, re-issuance, modification or revision of an operating
license, the agency having jurisdiction to grant operating licenses must
publish updated information related to issuance, re-issuance, modification or
revision of operating licenses on the healthcare management information system.
5. The Government shall impose
detailed regulations pertaining to cases, conditions, dossiers of and
procedures for issuance, re-issuance, modification or revision of operating
licenses applicable to specific forms of organization of medical establishments
specified in Article 48 of this Law; shall promulgate regulations pertaining to
templates and designs of operating licenses of medical establishments, and
special conditions applied to medical establishments under the People's armed
forces.
Article 51. Authority to issue,
re-issue, modify or revise operating licenses; suspend operation; revoke or
withdraw operating licenses
1. The Ministry of Health shall be
empowered to issue, re-issue, modify or revise operating licenses; suspend
operation; revoke or withdraw operating licenses of medical establishments
under its control; suspend operation of other medical establishments
nationwide.
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3. The Ministry of Public Security
shall be empowered to issue, re-issue, modify or revise operating licenses;
suspend operation; revoke or withdraw operating licenses of medical
establishments under its jurisdiction.
4. Health agencies under the
People's Committees of provinces shall be empowered to issue, re-issue, modify
or revise or revoke operating licenses of medical establishments at local areas
falling within their remit, unless otherwise prescribed in clause 1, 2 and 3 of
this Article; suspend operation of medical establishments operating in local
areas under their management.
Article 52. Issuance of
operating licenses
1. An operating license may be
issued to:
a) medical establishments that
apply for operating licenses for the first time;
b) medical establishments whose
operating licenses are revoked or withdrawn, except as defined in point d of
clause 1 of Article 56 herein;
c) medical establishments that have
been awarded operating licenses if they change their form of organization or
operating location;
d) medical establishments that have
been awarded operating licenses if they undergo the split-up, split-off,
consolidation or merger process;
dd) others specified in the
Government’s regulations.
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a) The medical establishment must
be established under law;
b) The medical establishment’s
organization structure is consistent with its form of organization;
c) The medical establishment has
its own operating location;
d) The medical establishment is
furnished with physical facilities or amenities suitable to the scope of
professional activities and the scale of its operation, including information
technology infrastructure that is required to get connected to the healthcare
management information system according to the regulatory provisions of clause
1 of Article 112 herein;
dd) The medical establishment is
fully equipped with medical devices and means according to its scope of
professional activities and size or scale of operation;
e) The medical establishment is
staffed by medical practitioners who are qualified for its scope of
professional activities, scale or size of operation; each medical establishment
is allowed to designate only one person in charge of professional practices.
3. An application package for
issuance of an operating license shall be composed of the following:
a) Application form;
b) Documentary evidence of
conformance to the conditions specified in clause 2 of this Article.
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a) The application package is
submitted to the agency having jurisdiction to award operating licenses;
b) The agency having jurisdiction
to award operating licenses has the duty to review or verify the submitted
application package. The review or verification duration must be within 60 days
of receipt of all required components of the application package. Review or
verification results must be documented in a report, clearly describing matters
that need to be modified (if any) and signed by parties involved and the
reviewee;
c) Within 10 working days after
approving the review report, the agency having jurisdiction to award operating
licenses must issue a new operating license; if the applicant has to make
modification as required in the review report, within 10 working days after
completion of such modification, the agency having jurisdiction to award
operating licenses shall be required to issue a new operating license.
5. The Government shall elaborate
on this Article; impose regulations pertaining to issuance of operating
licenses of medical establishments under the People’s armed forces.
Article 53. Re-issuance of
operating licenses
1. An operating license may be
re-issued if
a) it is lost;
b) it is damaged;
c) any technical error in its
information occurs.
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a) Application form;
b) The original operating license,
except as defined in point a of clause 1 of this Article;
c) Documentary evidence required
pursuant to point c of clause 1 of this Article.
3. Procedures for re-issuance of an
operating license shall be regulated hereunder:
a) The application package is
submitted to the agency having jurisdiction to award operating licenses;
b) Within 20 working days of
receipt of all required components of the application package, the agency
having jurisdiction to award operating licenses has the duty to re-issue the
requested operating license. Where it is necessary to make an inspection visit
to the medical establishment's office, procedures prescribed in point b and c
of clause 4 of Article 52 herein shall apply.
4. The Government shall elaborate
on this Article; impose regulations pertaining to re-issuance of operating
licenses of medical establishments under the People’s armed forces.
Article 54. Modification or
revision of operating licenses
1. An operating license may be
modified or revised if
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b) the holder’s scale or size of
operation is changed;
c) the holder's office hours are
changed;
d) the medical establishment
holding that operating license changes its name and address despite the fact
that its location is not changed;
dd) the medical establishment
holding that operating license subject to the decision on suspension of part of
its operation fails to fulfill remedial obligations as described in such
decision by the last date of the suspension duration.
2. Conditions for modification or
revision of an operating license shall be as follows:
a) The applicant holds the
operating license that remains in use;
b) The applicant satisfies
conditions in line with the proposed modifications as per laws.
3. An application package for
modification or revision of an operating license shall be composed of the
following:
a) Application form;
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4. Procedures for modification or
revision of an operating license shall be regulated hereunder:
a) The application package is
submitted to the agency having jurisdiction to award operating licenses;
b) Within 20 days of receipt of all
required components of the application package, the agency having jurisdiction
to award operating licenses has the duty to make changes to the requested operating
license. Where it is necessary to make an inspection visit to the medical
establishment's office, procedures prescribed in point b and c of clause 4 of
Article 52 herein shall apply.
5. The Government shall elaborate
on this Article; impose regulations pertaining to modification or revision of
operating licenses of medical establishments under the People’s armed forces.
Article 55. Suspension of
operation of medical establishments
1. A medical establishment may be
suspended from part or all of its operation in the following cases:
a) A medical incident takes place
at that medical establishment to the extent that its operation needs to be
suspended;
b) It fails to satisfy one of the
conditions set down in Article 49 herein;
c) It fails to satisfy one of the
conditions set out in clause 2 of Article 52 herein.
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3. Suspension of part or all of
operation of a medical establishment (partial or full suspension) and the
duration of such suspension shall be based on causes, nature, seriousness,
consequences of a medical incident, or the part of conditions that is no longer
satisfied.
4. During the suspension period, if
the defaulting medical establishment has fulfilled remedial obligations as
requested in the suspension decision, the agency having jurisdiction to suspend
operation of medical establishments shall issue the approval decision to
restore its operation.
5. The Government shall elaborate
on this Article.
Article 56. Revocation of
operating licenses of medical establishments
1. An operating license may be
revoked in the following cases:
a) The application package for
award of that operating license is invalid;
b) There is any fraudulent document
enclosed in the application package;
c) The operating license is awarded
ultra vires;
d) There is any technical error in
information printed on that operating license;
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e) Within 24 months after receipt
of that operating license, the medical establishment has not been put into
operation yet;
g) The medical establishment
holding that operating license is temporarily closed for at least 24
consecutive months, or closed down;
h) The medical establishment
holding that operating license subject to the decision on suspension of part of
its operation fails to fulfill remedial obligations as described in such
decision by the last day of the suspension duration;
i) The medical establishment
holding that operating license fails to maintain strict compliance with the
conditions specified in Article 49 or clause 2 of Article 52 herein;
k) The medical establishment
holding that operating license decides to apply for revocation or withdrawal at
its discretion.
2. The Government shall elaborate
on this Article. Where it is necessary to regulate more subjects of suspension
of operating licenses, the Government shall report to the National Assembly’s
Standing Committee to seek its consent before reach the decision.
Section 2. ASSESSMENT OF QUALITY
OF MEDICAL ESTABLISHMENTS
Article 57. Quality standards of
medical establishments
1. Quality standards refer to
criteria and requirements relating to management and professional and technical
expertise in healthcare which are used as benchmarks for assessment of quality
of technical services or specific specializations or the entire licensed
medical establishment, including:
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b) Advanced quality standards of
medical establishments issued by the Ministry of Health;
c) Quality standards of each
medical department or technical services issued by the Ministry of Health;
d) Quality standards of medical
establishments, specific specializations or technical services issued by
domestic or foreign entities that are endorsed by the Ministry of Health.
2. Medical establishments are
encouraged to apply the quality standards defined in point b, c and d of clause
1 of this Article.
3. Quality standards specified in
point d of clause 1 of this Article shall be set in the context of Vietnam;
shall not be lower than quality standards specified in point a of clause 1 of
this Article; shall satisfy the following minimum requirements:
a) They must be science-based and
effective;
b) They must give the overall
assessment of quality characteristics and components;
c) They are validated by
international healthcare quality assessment bodies, and used worldwide.
4. The Minister of Health shall
impose regulations on validation of the quality standards specified in point d
of clause 1 of this Article.
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1. Purposes of the healthcare
quality assessment and certification shall be as follows:
a) Maintain and improve the quality
of healthcare services;
b) Provide information so that
patients and payers of healthcare costs can choose appropriate medical
establishments;
c) Serve as a basis to recommend
sanctions against offences and rewards according to results of the quality
assessment based on basic quality standards.
2. Principles of assessment of
quality of medical establishments shall be formulated as follows:
a) Ensure independence,
objectivity, fairness, public access, transparency, and legitimacy;
b) Conform to healthcare quality
standards issued or endorsed by the Ministry of Health;
c) Such quality assessment shall be
carried out only when the medical establishment has operated for at least 12
months;
d) Quality assessment and
certification agencies or organizations shall be legally responsible for their
assessment results.
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4. Healthcare quality assessment
and certification organizations that have been awarded certificates of
registration for provision of conformity assessment services in accordance with
laws shall carry out the quality assessment at the request of state health
authorities or medical establishments.
5. Healthcare quality assessment
results shall be available for public access at medical establishments and on
the healthcare management information system.
6. Based on the assessment results
specified in clause 3 and 4 of this Article, the state health authority shall
review the results of assessment of quality of medical establishments under its
jurisdiction according to risk management principles.
7. The Government shall elaborate
on this Article.
Section 3. RIGHTS AND
RESPONSIBILITIES OF MEDICAL ESTABLISHMENTS
Article 59. Rights
1. Render healthcare services
pursuant to this Law.
2. Refuse to render healthcare
services if:
a) the medical establishment judges
that a patient case goes beyond its professional competence or lies outside of
its scope of operation, except in case of emergency care defined in Article 61
herein.
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3. Receive payments of healthcare
costs or expenses in accordance with law.
4. Enjoy incentive policies when
rendering healthcare services in accordance with law.
5. Enter into contracts for
provision of medical services covered by health insurance with social insurance
agencies in accordance with laws on health insurance; enter into these
contracts with other insurers in accordance with laws on insurance business.
6. Cooperate with domestic and
foreign entities and persons in healthcare.
7. Gain permission to offer care
and support services at the request of patients or patients' representatives.
8. Private medical establishments
may participate in the bidding process or have access to the Government’s
orders for provision of several healthcare services on the list of public
services partially funded by the state budget’s grants or financial support.
Article 60. Responsibilities of
medical establishments
1. Provide first aid, emergency,
medical examination and treatment services in a timely manner for patients.
2. Implement regulations on
professional and technical expertise in healthcare and other relevant laws;
take responsibility for results of medical care rendered by medical
practitioners under their management.
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4. Post up prices of medical
services, prices of medical care and support services upon request on their
premises and on the healthcare management information system.
5. Ensure that rights and
obligations of patients and medical practitioners defined herein are upheld.
6. Provide necessary conditions to
enable medical practitioners to render healthcare services.
7. Conduct the self-assessment of
healthcare quality and publicly announce results of quality assessment in
accordance with clause 3 and 5 of Article 58 herein.
8. Follow staff mobilization and
dispatch decisions of competent bodies or persons in response to a natural
disaster, calamity, group-A infectious disease or a state of emergency.
9. Set up security forces; provide
physical facilities necessary to ensure security and order at hospital
according to the form of organization and scale or size of operation; cooperate
with competent police departments in carrying out measures to ensure security
and order at hospital; report patient cases that are victims of violence or
abuse to competent local police departments in order to work with them to take
measures to protect these patients.
10. Refer and transfer patients to
other medical establishments capable of dealing with a patient's clinical
condition and needs if:
a) the medical establishment
concludes that the patient case goes beyond its professional competence or lies
outside of its scope of operation.
b) such referral or transfer is
demanded by the patient or his/her representative, and approved by the medical
practitioner who directly treat the patient, or by the clinical shift worker;
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d) the medical establishment
referring or transferring the patient faces a force majeure situation to the
extent of being unable to continue the receipt and treatment of the patient
needing medical care.
11. Participate in preventive
healthcare activities as prescribed by law.
12. Buy medical professional
liability insurance in accordance with the Government's regulations.
Chapter V
PROFESSIONAL AND TECHNICAL EXPERTISE IN HEALTHCARE
Article 61. Emergency care
1. Emergency care activities shall
include the following:
a) In-hospital emergency;
b) Out-of-hospital emergency.
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3. When the work of emergency care
requires professional and technical assistance, in the specific circumstances,
the medical establishment receiving the patient in need of emergency care must
perform one or a number of the following activities:
a) Hold a medical consultation
pursuant to Article 64 herein;
b) Request other medical
establishment to assist in emergency care;
c) Offer support by providing
remote healthcare services;
d) Refer the patient in need of
emergency care to an appropriate medical establishment.
4. Medical establishments shall be
responsible for reserving the optimum conditions in terms of their human
resources, medical equipment and medications for the work of emergency care of
patients and transferring patients in need of emergency care to appropriate
medical establishments.
5. Out-of-hospital emergency care
service shall include the following activities:
a) First aid procedures performed
by persons who have knowledge about, or are trained in out-of-hospital
emergency care;
b) Emergency care procedures
performed by paramedics or medical practitioners.
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a) It must be commensurate with the
population size;
b) It is fitted to the geographical
characteristics of each local area;
c) It is capable of receiving and
transporting patients to medical establishments in the shortest time possible.
7. Sources of funding for the
out-of-hospital emergency care shall include the following:
a) The state budget’s funding for
investment in setting up the state-owned system of out-of-hospital emergency
care facilities; the system of receiving information and coordinating emergency
services; payment of costs of ambulance rides and charges for medical crew
services on emergency ambulances in case of accidents, natural disasters,
calamities, particularly dangerous infectious diseases capable of very rapid
and/or widespread transmission, those causing high death rate, or those with
unknown causative agents; payment of general and administrative expenses for
management and operation of state-owned out-of-hospital emergency facilities;
b) Charges for out-of-hospital
emergency services paid by users of these services pursuant to Article 18 and
110 herein, except as defined in point a of this clause.
8. Provincial People’s Committees
shall have the duty to organize the state-owned out-of-hospital emergency care
system in local areas falling within their remit.
9. The Government shall impose
detailed regulations on provision of funding for emergency services as referred
to in point a of clause 7 of this Article.
Article 62. Medical examination,
prescription for treatment methods (or therapies) and medications
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2. Medical practitioners assigned
the duties to provide medical care shall assume the following responsibilities:
a) Carry out the medical
examination, prescription for treatment methods (or therapies) and medications
in a timely, accurate and accountable manner;
b) Based on a patient's medical
condition, the medical practitioner can prescribe him/her outpatient, day or
inpatient treatment. If the medical establishment does not have any bed
available for that patient needing the inpatient treatment, they must refer
him/her to another appropriate medical establishment.
Article 63. Medication
administration in treatment
1. Administration of medications in
healthcare shall adhere to the following principles:
a) Ensure that medications are
prescribed only when really needed; serve the right purposes; are administered
in a safe, reasonable and efficacious manner;
b) The prescription of medications
must be closely associated with a patient's diagnosis and medical condition;
c) Storage, dispensing and use of
medications must be lawful.
2. When prescribing any medication,
a medical practitioner must fully and clearly enter in a prescription or
medical record such information as name, content, dosage regimen, directions
for use and duration of use; shall not be allowed to include functional food
products in a prescription.
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a) Check over the prescription,
itemized drug receipt, drug name, concentration, content, dosage regimen and
directions for use;
b) Check again the prescription
against such information as drug name, concentration, content, shelf life and
quantity when receiving the medication;
c) Check through the patient’s
name, drug name, dosage form, content, concentration, dosage regimen,
directions for use and duration of use before dispensing medications to
patients;
d) For a patient undergoing
inpatient treatment, fully record the time of dispensing of medications;
monitor and promptly detect complications, and notify the medical practitioner
directly in charge of the patient case.
4. Patients shall be responsible
for taking medicines as instructed by medical practitioners. Patients or
patients’ representatives must promptly inform medical practitioners or medical
establishments of any abnormal sign after the patients take the prescribed
drugs.
Article 64. Medical
consultations
1. A medical consultation shall be
held when a patient case goes beyond the diagnosis and treatment competence of
the medical practitioner or medical establishment, or when the patient’s health
condition does not improve or worsens after the treatment course. Results of
the medical consultation must be recorded and stored in the medical record.
2. Forms of medical consultation
shall be as follows:
a) Intradepartmental,
interdepartmental and entire-hospital consultation;
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c) Others.
3. Types of consultations shall be
as follows:
a) In-person consultation;
b) Telehealth (telemedicine)
consultation.
4. Based on consultation results,
the medical practitioner directly in charge of the patient case shall make the
decision on appropriate diagnosis or treatment for the patient.
Article 65. Implementation of
surgical and other invasive procedures
1. Surgical operations and other
invasive procedures may be performed only after receiving the consent from
patients or their representatives referred to in point a, b, c and d of clause
2 of Article 8 herein.
2. Surgical operations or other
invasive procedures may be rendered to the patients who lose their capacity to
perform civil acts; have difficulties in cognition, behavior control; have the
limited capacity to perform civil acts; minor patients; the patients without
families as specified in Article 15 herein.
Article 66. Patient care
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2. Patient care shall encompass the
following activities:
a) Determine the needs of clinical
care; make the nursing diagnosis; prescribe patient care intervention medicine;
b) Divide levels of care;
c) Perform medical intervention and
support procedures to care for patients, and guide patients or patient family
caregivers to perform several care activities;
d) Monitor the patient's condition;
measure care intervention results.
Article 67. Nutrition in
healthcare
1. Nutrition in healthcare is a
clinical nutrition activity and involves the counseling and guidance on
nutrition regimes in healthcare.
2. Objectives of nutrition in
healthcare shall comprise the following:
a) Examination, assessment,
classification of malnutrition, counseling, professional guidance on
pathological nutrition and monitoring of nutritional status of patients;
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Article 68. Functional
rehabilitation
1. Principles of delivery of
functional rehabilitation medicine shall include the following:
a) Prevent and reduce the effects
of disability; carry out medical examination for implementation of early
rehabilitation interventions;
b) Assess the needs for functional
rehabilitation interventions in the course of medical examination and treatment
of patients;
c) Ensure that intervention
measures must be carried out in a continuous and comprehensive manner according
to the stages of disease progression;
d) Cooperate between the
rehabilitation department and others; between medical establishments on one
side, and individuals, families and community and other agencies and
organizations on the other side; implement community-based rehabilitation.
2. Functional rehabilitation shall
comprise the following activities:
a) Examine, diagnose and determine
the patient's rehabilitation needs;
b) Utilize movement therapy,
physical therapy, occupational therapy, speech therapy, psychotherapy,
chiropractic, medical devices, rehabilitation equipment and other
interventions;
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d) Adjust and improve access to
living environment suitable for health status;
dd) Propagate the practice of
prevention of disabilities and diseases.
Article 69. Medical record
1. Patients undergoing inpatient
treatment, day treatment or outpatient treatment in medical establishments
shall have their medical records created or updated.
Physical and electronic medical
records shall be of the same legal value. Forms or templates of medical records
and medical record summaries shall be made available for use by the Minister of
Health.
2. Medical records shall be
safekept and kept confidential in accordance with law; if the medical record is
classified as a state secret, the regulatory provisions of law on protection of
state secrets shall govern. Depositing or archiving of medical records shall be
subject to the regulatory provisions regarding archives.
3. Access to medical records of
patients in treatment shall be as follows:
a) Learners, students, trainees,
researchers of research institutions, training institutions, medical
practitioners, persons directly involved in the treatment of patients at
medical establishments may read medical records, and may copy medical records
only when obtaining the consent from the safekeeping medical establishments;
b) Practitioners from other medical
establishments may read and copy them with the consent of the safekeeping
medical establishments.
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a) Representatives of state
management agencies in charge of health, investigative agencies, procuracies,
courts, health inspectors, forensic organizations, forensic psychiatrists, and
patients' lawyers shall be allowed to access and provide medical records to
perform their tasks in accordance with relevant laws;
b) Learners, students, trainees,
researchers of research institutions, training institutions, medical practitioners
at medical establishments may borrow medical records to read on the spot, or
may copy medical records for later use in their researches or the work relating
to their professional expertise with the consent of the safekeeping medical
establishments;
c) Representatives of social
insurance agencies or state compensation settlement agencies may borrow medical
records to read or take notes on the spot, or request copies of the given
medical records to serve the purpose of performing their assigned tasks with
the consent of the safekeeping medical establishments;
d) Patients or their
representatives specified in point c and d of clause 2 of Article 8 herein
shall be entitled to read, view, copy and take notes from their medical
records, and be provided with medical record summaries upon written request;
dd) Patients’ representatives
specified in point a and d of clause 2 of Article 8 herein shall be entitled to
medical record summaries upon written request.
5. When using information included
in medical records, those specified in clause 3 and 4 of this Article must
treat such information completely confidential and only use them for the given
purposes as registered with the medical establishments.
Article 70. Shift work in
healthcare
1. Medical establishments with
inpatient beds and/or beds for monitoring and treatment of patients and
out-of-hospital emergency care centers shall organize the on-call and
continuous medical shift system according to the working hours specified in
operating licenses, including holidays, New Year's Days or days-off, in order
to promptly give emergency care and maintain other medical activities.
2. Shift work practice in
healthcare shall cover the following components:
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b) Clinical shift work;
c) Subclinical shift work;
d) Logistics and administrative
shift work.
3. Shift work practice in
healthcare at medical establishments shall include all of the foregoing
components; Shift work in healthcare defined in clause 1 of this Article at a
medical establishment which is not a hospital shall be subject to the
regulations promulgated by the Minister of Health.
4. Heads of medical establishments
defined in clause 1 of this Article shall assume the following
responsibilities:
a) Design the shift worker’s schedule;
b) Ensure the sufficient number of
emergency ambulances according to the form of organization of healthcare of
each medical establishment; fully provide essential medical equipment and
medications used in emergencies;
c) Implement the shift-based reporting
regime.
Article 71. Prevention of
medical incidents at medical establishments
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Cautions and solutions aimed at
preventing medical incidents shall be published on the healthcare management
information system.
2. Heads of medical establishments
and staff working for medical establishments shall be charged with the
prevention of incidents in hospital.
Article 72. Reception and
management of patients without families
1. When receiving patients without
families and rendering healthcare services to them, medical establishments
shall be responsible for tallying, making a tally report of and keeping the
patient's belongings.
2. Within 48 hours after receiving
a patient, if it is impossible for a medical establishment to identify a
patient’s family, the medical establishment shall have the following
responsibilities:
a) Report the patient case to the
commune-level People's Committee of the locality where the medical
establishment is located in order for it to post the notification of search for
the patient’s missing family via mass media;
b) If the child patient under 6
months of age is abandoned at the medical establishment, the receiving medical
establishment shall submit an application package for admission of the social protection
beneficiary to the social welfare centers in accordance with laws on social
protection.
3. With regard to a patient who
loses his/her capacity to perform civil acts; faces impaired cognition,
difficulties in behavior control; has limited capacity to perform civil acts,
if the receiving medical establishment fails to identify his/her family after
his/her being restored to a stable condition after end of the treatment, that
medical establishment shall submit an application package for admission as an
extremely disadvantaged social protection beneficiary to a social welfare
center in accordance with laws on social protection.
4. If a patient is dead, the
medical establishment receiving that patient shall take action under Article 73
herein.
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6. The Government shall impose
regulations on payment of costs of care, nursing, medical examination and
treatment services to those beneficiaries referred to herein, and on management
of patients without families who are foreign nationals.
Article 73. Management of death
cases
1. Management of death cases prior
to arrival at a medical establishment shall be subject to the following
regulations:
a) If the receiving medical
establishment manages to find the dead patient’s identification documents and
successfully contacts his/her family, they shall inform his/her family of the
death and request them to come to claim the dead body;
b) If the receiving medical
establishment finds out the dead patient’s identification documents; or finds
out the dead patient’s identification documents, and fails to contact his/her
family, in either case, they shall issue a notification of the dead patient to
the commune-level People’s Committee of the locality where that medical
establishment is located within 24 hours from the time of receipt of the dead
body.
The commune-level People's
Committee of the locality where the receiving medical establishment is located
shall receive and bury the dead body within a maximum of 48 hours after receipt
of the aforesaid notification.
2. A medical establishment shall
manage a death case according to the following regulations:
a) That medical establishment shall
have the duty to issue a death notice; conduct a death review meeting; complete
and deposit the patient's medical record; take and store any specimen of the
dead body needed for later identification of the patient's identities as
specified in point b of clause 1 of this Article; notify the patient's family
in order for them to prepare for burial activities;
b) That medical establishment shall
have the duty to notify the commune-level People's Committee of the locality
where the medical establishment is located within 24 hours from the time of the
death of the patient if the patient's dead body is left unclaimed or denied.
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3. The Government shall impose
regulations on management of death cases involving foreign patients without
families, and on payment of costs of the burial service specified in point b of
clause 1 and point b of clause 2 of this Article.
Article 74. Hospital-acquired
infection control
1. Infection control in the
healthcare setting shall include the following measures:
a) Surveillance of
healthcare-associated infections and epidemic-prone diseases;
b) Monitoring of compliance with
infection control practices;
c) Standard precautions,
transmission-based precautions;
d) Infection control for medical
instruments and equipment;
dd) Hand hygiene;
e) Environmental hygiene;
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h) Food safety;
i) Other infection control
measures.
2. Medical establishments shall
assume the following responsibilities:
a) Implement infection control
measures specified in clause 1 of this Article;
b) Sufficiently provide physical
facilities, equipment, protective clothing, and personal hygiene conditions for
hospital staff, patients and other healthcare visitors subject to
hospital-acquired infection control requirements;
c) Offer patients and their
families counsels on infection control measures;
d) Organize infection control
systems in place at medical establishments.
Article 75. Medical waste
management and environmental protection in the healthcare setting
Medical establishments shall be
responsible for medical waste management and environmental protection at
medical establishments in accordance with laws on environmental protection.
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When the inpatient treatment is not
required, the outpatient treatment may be applied.
Article 77. Inpatient treatment
1. Inpatient treatment shall be
applied when the patient must remain at a medical establishment to receive
medical care as recommended by the medical practitioner.
2. Depending on its corresponding
specialization and operational condition, a medical establishment may provide
inpatient treatment services. Private polyclinics located in poor, extremely
poor areas, border areas or islands; state-owned regional polyclinics;
maternity wards; commune health stations are allowed to set medical beds ready
for monitoring and treatment of patients within a maximum of 72 hours, except
in case of force majeure events, such as natural disasters, catastrophes or
epidemics.
3. Interdepartmental referral shall
be carried out as follows:
a) Such referred shall be permitted
if it is discovered that other specialized department is suitable to treat a
patient's condition;
b) The referring department is
required to complete the patient’s medical record, transfer the patient and
his/her medical record to the receiving department.
4. Where an inter-institutional
referral is required, the referring medical establishment shall complete the
medical record and refer the patient to the receiving one.
If such inter-institutional
referral is carried out at the request of the patient referred to in Article 15
herein, or his/her representative, that patient or his/her representative shall
be required to give a written commitment on his/her personal responsibility for
such referral.
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a) that patient has recovered or
his/her condition is stable;
b) the patient who loses his/her
capacity to perform civil acts, has impaired cognition or difficulties in
behavior control or limited capacity to perform civil acts; the minor patient;
or his/her representative applies for such leaving and submits their
commitment.
6. When a patient is leaving, the
medical establishment shall assume the following responsibilities:
a) Complete his/her medical record;
b) Provide self-care instructions;
c) Recommend the patient to undergo
the outpatient treatment where necessary;
d) Deal with payments on medical
bills;
dd) Give out the completed hospital
discharge form.
Article 78. Day treatment
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2. Day treatment shall be as
specified in Article 77 herein.
Article 79. Mobile healthcare
1. Mobile healthcare services shall
include the following:
a) Mobile or outreach health
activities taking place at venues other than the official address specified in
the operating license of the medical establishment organizing these activities;
b) Home or workplace healthcare
services
c) Humanitarian outreach healthcare
campaigns organized at intervals.
2. Conditions for provision of
mobile healthcare services shall be as follows:
a) The mobile health care
activities and services specified in point a and b of clause 1 of this Article
must be provided by a medical establishment with a sufficient number of medical
practitioners, equipment, facilities and other suitable conditions
corresponding to the scale and scope of mobile health services, except for home
healthcare services performed by local village or community health workers and
midwives;
b) The mobile health care
activities and services specified in point c of clause 1 of this Article must
conform to the conditions set out in clause 2 of Article 88 herein;
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3. The Government shall elaborate
on this Article.
Article 80. Telehealth and
telehealth support
1. Telehealth occurring between
medical practitioners and patients shall be carried out as follows:
a) It shall depend on the scope of
practice of the medical practitioner; the remote treatment shall be delivered
according to the nomenclature of diseases or medical conditions sanctioned by
the Minister of Health;
b) Medical practitioners shall be
liable for their clinical diagnosis results, prescription for therapies or
remedies and medications.
2. Telehealth support occurring
between medical establishments shall be carried out as follows:
a) Medical practitioners directly
in charge of patient cases at the supported medical establishments shall be
responsible for their medical examination and treatment results;
b) The supported medical
establishments must pay costs of telehealth support to the supporting ones at
the prices agreed upon between them.
3. The Government shall impose
detailed regulations on telehealth and telehealth support.
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1. Family medicine shall be
delivered by family medical establishments or other healthcare facilities whose
family medicine is one of their scope of professional services or activities.
2. The medical establishments
defined in clause 1 of this Article shall perform the following tasks:
a) Render primary health monitoring
and care services in local areas falling within their remit;
b) Provide counsels and preventive
medicine services relating to diseases, bodily impairments, and health
improvement;
c) Deliver primary emergency care
and medical services;
d) Provide home-based healthcare,
functional rehabilitation, palliative care and end-of-life care services;
dd) Make decisions to refer
patients under their management to other medical establishments; receive and
manage the health of patients received from other medical establishments;
e) Perform other tasks assigned by
competent authorities.
Article 82. Involuntary
treatment
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a) Persons suffering from group-A
infectious diseases that are defined in laws on prevention and control of
infectious diseases;
b) Persons with depression
susceptible to suicidal thoughts and behaviors; persons with mental illness in
an agitated state that is likely to harm himself or with behaviors harming
other persons, or destroying property;
c) Others defined by law.
2. The Government shall regulate
involuntary treatment measures applied to those defined in clause 1 of this
Article.
Article 83. Medical examination
1. Types of medical examination
shall be as follows:
a) Periodic health check-ups;
b) Health checks for health
classification for study and employment;
c) Health screenings at school for
pupils and students;
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dd) Health screenings for detection
of occupational diseases;
e) On-demand health checks;
g) Others.
2. The Minister of Health shall lay
down regulations on medical examination standards and medical examination
activities prescribed in clause 1 of this Article, except as defined in clause
3 of this Article.
3. The Minister of National Defence
and the Minister of Public Security shall promulgate regulations on particular
health standards and medical examination activities applied to persons
undergoing medical examination under their authority.
Article 84. Medical assessment
1. Medical assessment is classified
into initial assessment, reassessment, review assessment and final assessment.
2. Assessment conclusions must be
relevant to questions of the assessment sought or requested by entities or
persons. Entities or persons publishing assessment findings shall be legally
responsible for these findings.
Chapter VI
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Article 85. Development of
healthcare by application of the traditional medicine
1. State-owned general hospitals
shall be required to deliver healthcare by application of the traditional
medicine; traditional medical facilities shall be encouraged to deliver
healthcare if they fully satisfy all given conditions.
2. It shall be necessary to uphold
and develop traditional remedies and therapies; patients are incentivized to
use herbal medicines and traditional medications made from home-grown materials
that have been clinically proven to be efficacious in the prevention and
treatment of diseases. The development of community-based traditional
biomedical methods should be incentivized and supported.
3. Scientific and technological
researches in the traditional medicine described hereunder shall be
incentivised:
a) Discoveries of and researches on
herbal medicines and traditional drugs;
b) Researches on the tastes and
effects in traditional medicine of traditional herbs, folk medicines, and
remedies determined according to traditional medicine and modern medicine that
have effects in the prevention and treatment of diseases;
c) Researches on the safety and
efficaciousness of cure practices and non-drug therapies in traditional
medicine for the prevention and treatment of diseases;
a) Researches for selection and
development of safe and highly efficacious herbal medicines and traditional
drugs in the treatment of diseases;
dd) Researches on the safety and
effectiveness in use of herbal medicines, traditional drugs combined with
chemical drugs over stages of disease progression;
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g) Researches on application of
innovative technologies for production of herbal medicines and traditional
drugs in modern dosage form.
4. Registration for intellectual
property rights to folk remedies or therapies shall be incentivized.
Article 86. Development of
resources supporting healthcare provided by application of traditional medicine
1. Lessons on traditional medicine
shall be integrated into courses provided by health or medicine training
institutions; Forms and types of training of human resources in traditional
medicine with different levels of qualification shall be diversified.
2. Herbalists and holders of folk
remedies or therapies shall have access to training courses designed for
updating, mentoring and improvement of knowledge about both modern medicine and
traditional medicine.
3. When training a person as the
heir of his/her folk remedy or therapy, the holder of that folk remedy or
therapy shall be incentivized to register with a health agency under the
People’s Committees of the province where they are practising traditional
medicine.
4. The Minister of Health shall
promulgate regulations on conferral of the herbalist certificate, the
certificate of holder of folk remedy and the certificate of holder of folk
therapy.
Article 87. Combination of
traditional medicine and modern medicine
1. Combination of traditional
medicine and modern medicine shall be carried out at medical establishments and
subject to the following regulations:
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b) Only qualified practitioners can
prescribe therapies or medications which are the products of combination of
traditional medicine and modern medicine.
2. The Minister of Health shall
elaborate on this Article.
Chapter VII
HUMANITARIAN HEALTHCARE; NOT-FOR-PROFIT HEALTHCARE;
TRANSFER OF PROFESSIONAL AND TECHNICAL EXPERTISE IN HEALTHCARE
Section 1. HUMANITARIAN
HEALTHCARE, NOT-FOR-PROFIT HEALTHCARE
Article 88. Activities involved
in humanitarian healthcare or not-for-profit healthcare
1. Domestic or foreign entities or
persons shall reserve the right to apply for the delivery of humanitarian
healthcare or not-for-profit healthcare in Vietnam.
2. Conditions for provision of
humanitarian healthcare at intervals shall be as follows:
a) Humanitarian healthcare must be
rendered by medical practitioners or persons defined in clause 3 of Article 19
herein;
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c) Funding for humanitarian
healthcare must be available and patients receiving humanitarian healthcare
shall be exempted from all costs incurred from humanitarian healthcare
services;
d) Humanitarian healthcare shall
require the consent from competent authorities pursuant to the Government’s
regulations.
3. Conditions for award of
operating licenses to humanitarian healthcare or not-for-profit healthcare
facilities shall be as follows:
a) They are required to satisfy
licensing requirements specified herein;
b) Humanitarian healthcare
facilities must ensure adequate funding for humanitarian healthcare activities
and grant their patients exemption from all costs incurred from humanitarian
healthcare activities;
c) Not-for-profit healthcare
facilities are committed to operate for non-profit purposes, and not to
withdraw funds; the part of annual income under consolidated common ownership
that is undistributed shall be used for investment in ongoing development of
these healthcare facilities. The foregoing commitment shall be documented in
decisions on establishment or transformation of medical establishments.
4. The Government shall elaborate
on this Article.
Article 89. Incentives for
humanitarian healthcare or not-for-profit healthcare facilities
1. As founded, humanitarian
healthcare or not-for-profit healthcare facilities shall be entitled to
incentives specified in laws.
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Section 2. TRANSFER OF
PROFESSIONAL AND TECHNICAL EXPERTISE IN HEALTHCARE
Article 90. Transfer of
professional and technical expertise in healthcare
1. Medical establishments shall be
entitled to cooperate in transfer of professional and technical expertise in
healthcare in Vietnam with domestic or foreign entities or persons.
2. Training in transfer of
professional and technical expertise in healthcare shall be provided by lawful
practitioners or medical establishments.
3. The Government shall elaborate
on this Article.
Article 91. Incentives for
transfer of professional and technical expertise in healthcare
Transfer of professional and
technical expertise in healthcare shall be eligible for the incentives defined
in laws on technology transfer, intellectual property, science and technology.
Chapter VIII
APPLICATION OF NEW TECHNIQUES OR METHODS AND CLINICAL
TRIALS IN HEALTHCARE
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Article 92. New healthcare
techniques or methods
1. New techniques or methods are
those techniques and methods that are applied for the first time in Vietnam.
2. New techniques or methods shall
comprise the following:
a) New techniques or new methods
that are researched in Vietnam or abroad;
b) New techniques or new methods
that are available for use with the consent of competent authorities in foreign
countries.
Article 93. Conditions for
application of new techniques or methods in healthcare
1. In order to apply for permission
to use a new healthcare technique or method, a medical establishment shall be
required to satisfy the following conditions:
a) Their operating license itemizes
professional activities for which that new technique or method is suitable;
b) Their physical infrastructure,
medical equipment, staff and other conditions meet the requirements for
application of that new technique or method.
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a) The medical establishment
prepares the proposal for permission to apply that new technique or method;
b) The Ministry of Health reviews
or decentralizes authority to consider granting permission to experiment on
that new technique or method;
c) After completing the
experimentation stage, the medical establishment integrates experimentation
results into the application for the acceptance testing conducted by the
Ministry of Health;
d) If the acceptance testing result
is satisfactory, the Ministry of Health shall be responsible for issuing
written permission to apply that new technique or method.
3. The Government shall elaborate
on this Article.
Section 2. CLINICAL TRIALS IN
HEALTHCARE
Article 94. Clinically trialed
objects
1. New healthcare techniques or
methods.
2. Medical equipment that is ranked
highly above-average or high in the risk rating adopted by the Government
before being registered for free sale in Vietnam.
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1. Persons who meet the
professional requirements of a clinical trial of new technique or method,
medical equipment in use in medical examination and treatment activities
(hereinafter referred to as clinical trials) and voluntarily participate in
clinical trials.
2. In order to participate in a
clinical trial, the participant who is a person who loses his/her capacity to
perform civil acts, has impaired cognition or difficulties in behavior control
or limited capacity to perform civil acts; the minor patient shall be required
to seek the consent from his/her representative or guardian under civil law.
3. If the participant in a clinical
trial is the one specified in clause 2 of this Article above; a pregnant or
lactating woman, the research profile shall need to clarify reasons for
recruitment and proper actions for protection of the participant, unborn babies
or the infants who are being breast-fed by the mother participating in the
clinical trial.
Article 96. Rights and
obligations of participants in clinical trials
1. A participant in a clinical
trial shall reserve the following rights:
a) Have access to full and accurate
information about the clinical trial and potential risks before the clinical
trial is initiated;
b) Receive any compensation for any
damage caused by the clinical trial;
c) Have the confidentiality of
his/her personal information relating to the clinical trial protected;
d) Gain exemption from any
liability when unilaterally terminating his/her participation in the clinical
trial;
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2. Participants in clinical trials
shall be obliged to comply with the instructions specified in the approved
clinical trial profiles.
Article 97. Rights and
responsibilities of entities and persons whose new techniques or methods need
to be clinically tested
1. Entities and persons whose new
techniques or methods need to be clinically tested shall have the following
rights:
a) Designate any body meeting
facility and personnel requirements to conduct clinical trials;
b) Retain full ownership of
clinical trial results.
2. Entities and persons whose new
techniques or methods need to be clinically tested shall have the following
rights:
a) Compensate participants in
clinical trials for any risk that may arise during the process of conduct of
clinical trials in accordance with laws;
b) Enter into written contracts for
clinical trials with testing bodies;
c) Have legal liability for quality
and safety of new technique, method or medical equipment that they hand over
for clinical trials.
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1. Testing bodies shall reserve the
following rights:
a) Take steps in accepting conduct
of clinical trials in accordance with law;
b) Import and purchase chemicals,
reference materials, specimens of medications and medical equipment needed for
a clinical trial;
c) Use findings from a clinical
trial in accordance with entities and persons whose new techniques, methods or
medical equipment need to be clinically tested.
2. Testing bodies shall assume the
following responsibilities:
a) Take responsibility for the
completeness, accuracy and reliability of clinical trial findings;
b) Bear responsibility for the
safety of clinical trial participants and compensate them for any risk that
they may incur through the testing body’s fault in accordance with laws;
c) Ensure authenticity and
objectivity during a clinical trial.
Article 99. Principles and
authority of approval of clinical trials
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2. A clinical trial shall be
conducted only after the profile of that clinical trial has passed the
scientific and ethical evaluation by the Ethics Committee on Biomedical
Researches referred to in clause 3 of this Article, and after it is approved in
writing by the competent authority.
3. Ethics Committee on Biomedical
Researches is an independent committee set up to protect the rights, safety and
health of the participants in clinical trials.
4. Conduct of clinical trials,
scientific and ethical evaluation of the clinical trial profiles and approval
of clinical trials shall adhere to the following basic principles:
a) Respect, protect and uphold the
self-determination rights of participants in clinical trials;
b) Ensure that research interests
should prevail over risks incurred during clinical trials;
c) Ensure equal benefits and
responsibilities; make sure that risks are evenly distributed among clinical
trial participants;
d) Assure implementation of
clinical trial stages and compliance with good practice in testing new
techniques, methods or clinical testing of medical devices as instructed by the
Minister of Health.
5. The Government shall elaborate
on the followings:
a) Clinical trial stages;
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c) Requirements of new techniques,
methods or medical equipment to be clinically trialed;
d) Requirements of the testing
body;
dd) Application package, procedures
and processes for a clinical trial;
e) Establishment of the Ethics
Committee on Biomedical Researches.
Chapter IX
ERRORS IN PROFESSIONAL AND TECHNICAL EXPERTISE IN HEALTHCARE
(hereinafter referred to as medical errors)
Article 100. Identification of
medical practitioners committing medical errors
1. A medical practitioner shall be
blamed for medical errors when the Expert Panel defined in Article 101 herein
establishes that he/she
a) has breached the duty of patient
care and treatment;
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2. A medical practitioner shall not
be blamed for medical errors when the Expert Panel defined in Article 101
herein establishes that he/she falls into the following cases:
a) In the course of healthcare,
despite the fact that he/she has fulfilled his/her duty of patient care or
treatment and complied with regulations on professional and technical expertise
in healthcare, a medical accident is inflicted upon his/her patient;
b) Any medical accident is
inflicted upon his/her patient when he/she performs emergency care procedures
under the insurmountable circumstances involving shortages in medical
equipment, devices, medications or medical practitioners that cannot be
remediated; when he/she has to cure any disease without professional and
technical instructions in healthcare;
c) Any force majeure event,
objective obstacle or other objective condition occurs, leading to a medical
accident happening to his/her patient;
d) Any medical accident occurs as a
result of the patient’s deliberate act.
Article 101. Expert Councils
1. When a medical accident the
occurs entails a dispute to be resolved, at the request of the patient
involved, his/her representative or the medical practitioner, the medical
establishment where it occurs must establish an Expert Council to determine
whether or not its medical practitioner has made a medical mistake.
2. An Expert Council shall be
composed of:
a) Experts in relevant professional
activities;
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3. The rules of impartiality and no
conflict of interests must be observed to solicit experts to join an Expert
Council.
4. An Expert Council shall be set
up in the following cases:
a) It is founded by a medical
establishment on its own account as prescribed in clause 1 of this Article. If
the medical establishment fails to autonomously set up the Expert Council, it
shall submit an application for setting up an Expert Council to a competent
public health authority immediately supervising that medical establishment;
b) An Expert Council may be set up
under the decision of a competent public health authority immediately
supervising a medical establishment on application from that medical
establishment in accordance with point a of this clause, or by written
application from a disputing party when that party disagrees with the
conclusion of the Expert Council that that medical establishment sets up on its
own account;
c) An Expert Council may be set up
under the decision of the Ministry of Health by written application from a
disputing party when that party disagrees with the conclusion of the Expert Council
set up by the competent public health authority immediately supervising the
medical establishment.
5. Expert Councils shall run
according to the following principles:
a) An Expert Council runs according
to the principle of collective discussion, majority decisions, and legal
responsibility for its conclusions;
b) The conclusion of an Expert
Council provides a basis for settling the dispute arising from a medical
accident that occurs and is the prerequisite for issuance of the decision on
imposition of sanctions intra vires on a medical practitioner by the competent
health state authority or the head of the medical establishment;
c) The conclusion of the Expert
Council set up under the decision of the Ministry of Health shall be the final
conclusion as to whether a medical error exists.
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Article 102. Compensation for
medical accidents
If a medical accident is inflicted
upon a patient, the medical establishment shall compensate patients under laws,
except as defined in clause 2 of Article 100 herein.
Article 103. Professional
liability insurance in healthcare
1. Professional liability insurance
in healthcare is a type of insurance used to pay indemnities for damage caused
by medical accidents occurring during the course of delivery of healthcare
within the insurance policy period, and legal costs related to these medical
accidents, except as specified in point d of clause 2 of Article 100 herein.
2. Insurers shall be responsible
for paying medical establishments for indemnification costs specified in clause
1 of this Article under insurance contracts in force.
3. Professional liability insurance
in healthcare shall be subject to laws on insurance business.
4. The Government shall elaborate
on this Article.
Chapter X
PRECONDITIONS FOR HEALTH CARE OPERATIONS
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Article 104. Levels of
professional and technical expertise in healthcare
1. Public and private medical
establishments shall be divided into 03 levels of professional and technical
expertise in healthcare as follows:
a) Primary healthcare level is
assigned to medical establishments performing outpatient examination, treatment
and primary health care procedures; community-based morbidity management and
functional rehabilitation procedures;
b) Basic healthcare level is assigned
to medical establishments performing general outpatient and inpatient
healthcare procedures; providing general practical training and continuous
updates on medical knowledge for medical practitioners;
c) Intensive healthcare level is
assigned to medical establishments performing intensive outpatient and
inpatient healthcare procedures; providing intensive practical training;
conducting intensive continuous research and training; transferring
technologies in healthcare.
2. Levels of professional and
technical expertise in healthcare shall be arranged to ensure continuity and
interconnection in the provision of medical examination and treatment services
according to the condition and severity of diseases, and adherence to the
following principles:
a) A medical establishment can only
be classified into a level of professional and technical expertise in
healthcare; if a medical establishment can cover the functions assigned to all
3 levels, it shall be classified as the intensive healthcare level; if a medical
establishment can cover the functions assigned to the primary healthcare level
and the basic healthcare level, it shall be classified into the basic
healthcare level;
b) A medical establishment
classified into a level must concentrate on performing the functions assigned
to that level and may perform the functions assigned to other levels if it
fully meets the conditions imposed by the Minister of Health; perform the
functions of other levels according to the characteristics of the industry or
sector specified in the Government's regulations.
3. A medical establishment shall be
classified into a level of professional and technical expertise in healthcare
according to the following criteria:
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b) Its capacity to participate in
medical internship programs;
c) Its capacity to get involved in
providing technical assistance to other medical establishments;
d) Its competence in conducting
medical researches.
4. The Government shall elaborate
on this Article.
Article 105. Medical
practitioner training and mentoring
1. Medical establishments shall be
responsible for organizing and encouraging medical practitioners to participate
in training courses on continuously updated medical knowledge, and mentoring
sessions on professional and technical expertise in healthcare and professional
ethics.
2. The State funding policies shall
be as follows:
a) Incentive scholarships offered
students majoring in psychiatry, anatomic pathology, forensic medicine,
forensic psychiatry, infectious diseases or resuscitation in emergency care
medicine whose academic and training results satisfy eligibility criteria of
public health training institutions;
b) Social service grants offered
students majoring in psychiatry, anatomic pathology, forensic medicine,
forensic psychiatry, infectious diseases or resuscitation in emergency care
medicine who are working for medical establishments located in poor or
extremely poor local areas.
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a) All tuition and fees and living
expenses in the entire course that is provided by a public health training
institution;
b) Funding for the aforesaid
tuition and fees and living expenses in the entire course shall be equivalent
to the amount specified in point a of this clause if the student receiving such
funding choses to study at a public health training institution.
4. The State solicits entities and
persons to offer grants or scholarships or financial aid to students.
5. The Government shall elaborate
on this Article.
Section 2. FINANCIAL
PRECONDITIONS
Article 106. Financial sources
for healthcare
1. Financial sources for healthcare
shall comprise the following:
a) State budget;
b) Health insurance fund;
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d) Grants, sponsorship, aid or gift
from domestic and foreign organizations and individuals as prescribed in laws;
dd) Other legitimate financial
sources defined in laws.
2. Medical establishments shall
comply with regulations of law on finance, accounting, audit, taxes, asset due
diligence and financial disclosure.
Article 107. State budget
expenditures on healthcare
1. State budget expenditures shall
be used for paying medical establishments for their providing healthcare
services on the list of healthcare services funded by the state budget in
accordance with laws, and for their performing the tasks ordered or assigned by
competent state agencies.
2. State budget expenditures shall
be used as financial support for public medical establishments in accordance
with laws on state budget and laws on financial autonomy applied to public
service units, including financial support for those public medical
establishments that fail to meet their recurrent expenditures.
3. State budget expenditures shall
be used as other investments in development of medical establishments in
accordance with laws.
4. State budget expenditures shall
be used as payments or financial support for health insurance contributions of
beneficiaries of State-funded payments or financial support for their health
insurance policies as defined in laws on health insurance.
Article 108. Regulations on
autonomy of public medical establishments
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2. Medical establishments may enjoy
autonomy in deciding on their organization and personnel, performing tasks,
developing professional and other activities to support medical examination and
treatment activities according to regulatory provisions of this Law and other
relevant laws.
3. Medical establishments shall
implement financial autonomy under laws, and the following practices of
financial autonomy:
a) Deciding for themselves on
details and rates of payments for services and goods related to medical
examination and treatment, assistance for patients and their families in
accordance with law, except for services and goods of which prices are fixed by
the State;
b) Deciding for themselves to use
legitimate revenues for investment in projects on implementation of medical
examination and treatment activities pursuant to laws;
c) Deciding for themselves on
details and amounts of payments funded by revenues generated from medical
examination and treatment services and public services, and funding for
placement of orders according to the internal spending regulations of medical
establishments according to the regulatory provisions of laws and financial
viability of each medical establishment;
d) Deciding for themselves to use
public property in accordance with laws for the purposes of developing medical
examination and treatment activities according to the principles of
preservation and development; receiving, managing, exploiting and using
property gifted or donated by entities and persons according to the principles
of publicity, transparency and non-binding interest relation between the
parties to serve the work of medical examination and treatment;
dd) Medical establishments that can
cover investment and recurrent expenditures on their own may decide for
themselves on prices of healthcare services, but not exceeding the
corresponding prices for healthcare services quoted by the Minister of Health,
except for the prices of on-demand healthcare services and the prices of
healthcare services formed from cooperation activities in the mode of
public-private partnership as defined in clause 7 and 9 of Article 110 herein.
4. The Government shall elaborate
on this Article.
Article 109. Social involvement
in healthcare
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2. The State shall diversify types
of medical examination and treatment services; grant entities and persons
participating in the construction of medical examination and treatment
establishments incentive policies prescribed in law on social involvement,
ensuring the principles of publicity, transparency, equality, sustainability,
effectiveness and harmonization of interests between the State, investors,
patients and community; encourage private medical establishments to get
involved in providing humanitarian or not-for-profit healthcare services;
encourage the establishment of the healthcare support fund.
3. Ways to call for social or
private-sector investments in healthcare shall be as follows:
a) Investing in setting up private
medical establishments;
b) Investing in setting up private
medical establishments in the mode of public-private partnership;
c) Borrowing funds for public
investment in infrastructure and medical equipment;
d) Renting or leasing out property,
clinical services, subclinical services, non-medical services, pharmacy
services or hospital management and operation services;
dd) Buying under deferred or
instalment payment terms; hiring or borrowing medical equipment;
e) Grants or aid from domestic and
foreign entities and persons;
g) Others prescribed in laws on management
and utilization of public assets and regulatory provisions of other relevant
laws.
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5. The Government shall elaborate
on this Article.
Article 110. Prices of
healthcare services
1. Prices of healthcare services
shall be composed of the following factors:
a) Total prices of healthcare
services specified in clause 2 of this Article;
b) Accumulated rates or proposed
profits (if any);
c) Financial obligations prescribed
by laws.
2. Total price of a healthcare
service shall be constituted by the following costs and expenses:
a) Personnel costs, including
salaries and wages paid according to the corresponding type of service provided,
salary-based contributions and allowances as defined in regulations;
b) Direct expenses, including costs
of drugs, chemicals, blood, blood products, and costs of raw materials,
supplies, tools, instruments, fuels, energy used in medical examination and treatment
activities, and other direct expenses;
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d) General and administrative
expenses, including costs of repair, servicing and maintenance of medical
equipment, fixed assets; costs of environmental protection, infection control;
training, scientific research, information technology costs; costs of purchase
of professional liability insurance; costs of quality management; loan interest
(if any); and other expenses related to medical examination and treatment
activities.
3. Prices of healthcare services
shall be determined according to types of healthcare services provided, and the
following principles:
a) Offsetting medical examination
and treatment expenses in accordance with the provisions of point b and c of
clause 4 of this Article;
b) Harmonizing the interests of the
State, the legitimate rights and interests of medical establishments and
patients;
c) Reviewing the price-formation
factors to adjust the prices of medical examination and treatment services
where necessary. Prices of medical examination and treatment services shall be
adjusted to the pricing basis specified in clause 4 of this Article.
4. Pricing of healthcare services
shall be based on:
a) Healthcare price formation
factors specified in clause 1 of this Article at the pricing time;
b) Supply and demand relationship
of medical examination and treatment services; patients’ affordability;
c) Guidelines, policies and laws on
autonomy applicable to public service units over time; the State’s guidelines
and policies for socio-economic development over time according to the roadmap
for correct and sufficient calculation of prices of medical examination and
treatment services adopted by the Government.
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a) Preside over and cooperate with
the Minister of Finance in imposing regulations regarding methods of pricing of
medical examination and treatment services;
b) Set specific prices of
healthcare services on the list of healthcare services covered by the health
insurance fund; specific prices of healthcare services funded by the state
budget; specific prices of healthcare services not on the list of healthcare
services covered by the health insurance fund, but other than on-demand healthcare
services for use at medical establishments under the Ministry of Health and
other Ministries.
6. Provincial People's Councils
shall set specific prices of healthcare services specified at point b of clause
5 of this Article for use at public medical establishments within the areas
under their respective delegated authority on condition that these prices do
not exceed the corresponding prices of healthcare services regulated by the
Minister of Health.
7. Public medical establishments
shall apply specific prices of healthcare services to patients without health
insurance cards who use healthcare services on the list of healthcare services
covered by the health insurance fund if the healthcare services that they use
are not on-demand healthcare services; shall decide on the prices of on-demand
healthcare services, and shall be required to register and publicly announce
the prices of on-demand healthcare services.
8. Private medical establishments
shall be entitled to decide for themselves and must register and publicly
announces the prices of their healthcare services.
9. Medical establishments
established in the public-private partnership mode shall decide prices of their
healthcare services in accordance with laws on investment in the public-private
partnership mode.
10. The Government shall elaborate
on this Article.
Article 111. Medical support
funds
1. Medical support funds shall be
set up to financially support patients in a difficult situation or unable to
pay medical expenses; persons suffering occupational risks arising from
performing healthcare procedures and other activities supporting healthcare
procedures.
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a) Medical support funds founded by
entities or persons that are organized, operated and managed under laws on
social funds and charity funds;
b) Medical support funds
established by grants or aid received by medical establishments from
organizations and individuals; medical establishments’ funding sources (if any)
and other funding sources as prescribed by law, that are organized, operated
and managed under internal expenditure rules of medical establishments in line
with the regulatory provisions of laws.
Section 3. OTHER PRECONDITIONS
Article 112. Healthcare
management information system
1. The healthcare management
information system shall contain the following major information:
a) Patients and personal health
information;
b) Medical practitioners;
c) Medical establishments;
d) Professional and technical
expertise in healthcare;
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e) Healthcare costs, including
those covered by the health insurance fund.
2. The healthcare management
information system uniformly and centrally managed by the Ministry of Health
shall meet conditions for information security and confidentiality as
prescribed by law, and ensure interconnection with the national database.
3. Medical establishments shall be
responsible for posting adequate, accurate and timely information on the
healthcare management information system.
4. Social insurance agencies shall
be responsible for posting adequate, accurate and timely information about
payment of healthcare costs covered by the health insurance fund on the
healthcare management information system.
5. The Minister of Health shall
regulate the followings:
a) Output data format standards of
the healthcare management information system defined in clause 1 of this
Article;
b) Building, management, operation
and utilization of the healthcare management information.
Article 113. Medical equipment
1. In order to be put to use at
medical establishments, all medical equipment shall be required to obtain legal
registration for free sale in Vietnam.
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3. Medical establishments shall
make, manage and keep complete dossiers on monitoring of medical equipment.
4. The Government shall elaborate
on this Article.
Article 114. Maintenance of
public security and order at medical establishments
1. Measures for maintenance of
public security and order of medical establishments and safety for medical
practitioners and other staff members at medical establishments shall be as
follows:
a) Setting up the system of
monitoring and warning of risks of causing insecurity and disorder;
b) Regulating time- and
zone-limiting entry/exit to/from medical establishments;
c) Applying high-tech solutions to
manage patients, patients' family caregivers and practitioners in order to
enhance security and order at medical establishments;
d) Taking appropriate measures to
give patients and patients’ families custody of their assets during their
visits to medical establishments;
dd) Prohibiting substances, means,
tools and items that cause insecurity and disorder to medical establishments;
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2. If any patient, his/her family
or other person commits any act of causing public disorder, infringing upon the
life, health and safety of the patient, the medical practitioner, other
hospital staff, or persons entering or leaving a medical establishment, the
medical establishment may apply the following measures:
a) Apply preventive measures as
prescribed by law, and report such act to the police, except if the violator is
a patient in a state of emergency;
b) Limit entry/exit to/from areas
where security and order is lost or at risk of insecurity and disorder at the
medical establishment.
3. Pursuant to the provisions of
this Law and other relevant laws, heads of medical establishments shall
regulate and undertake the implementation of measures to ensure security and
order for medical establishments, and safety for medical practitioners, other
hospital staff members, or persons entering and leaving medical establishments.
4. Any person who commits any act
of infringing upon the body, health and life, or offending the honor and
dignity of medical practitioners and other hospital staff shall, depending on
the nature and seriousness of their violation, be subject to administrative
sanctions, or liable to criminal prosecution in accordance with law.
Chapter XI
MOBILIZATION AND DISPATCH OF RESOURCES FOR USE IN
HEALTHCARE IN CASE OF OCCURRENCE OF NATURAL DISASTERS, CATASTROPHES, GROUP-A
INFECTIOUS DISEASES OR STATE OF EMERGENCY
Article 115. Mobilization and
dispatch of persons participating in medical examination and treatment
activities in response to natural disasters, calamities, group-A infectious
diseases or a state of emergency
1. Competent bodies and persons may
mobilize or dispatch the following persons to participate in medical
examination and treatment activities in response to a natural disaster,
calamity, group-A infectious disease or a state of emergency without
modification or issuance of practising licenses:
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b) Foreigners or overseas
Vietnamese whose practising certificates have been awarded by competent foreign
bodies and entities;
c) Students, learners or pupils
studying at health training institutions; persons qualifying for practising
licenses who have not yet been granted practising licenses.
2. Assigning tasks to those
specified in clause 1 of this Article shall ensure that professional
qualification of the mobilized or dispatched persons is fitted for the assigned
tasks to the maximum extent, and ensure safety for patients.
3. While on duty, the mobilized or
dispatched persons defined in clause 1 of this Article shall be absolved from
all responsibility for any medical accident if any of the circumstances
specified in clause 2 of Article 100 herein arises.
4. The Minister of Health shall lay
down regulations on mobilization, dispatch and assignment of tasks of the
persons defined in clause 1 and 2 of this Article.
Article 116. Mobilization and
dispatch of medical establishments for participation in medical examination and
treatment activities in response to natural disasters, calamities, group-A
infectious diseases or a state of emergency
1. New public medical
establishments shall be founded as one of those specified in clause 1 of
Article 48 herein to deliver healthcare in response to natural disasters,
calamities, group-A infectious diseases or a state of emergency without needing
to fully satisfy the conditions specified herein and apply for new operating
licenses.
2. When being mobilized or dispatched
to participate in healthcare activities in case of occurrence of natural
disasters, calamities, group-A infectious diseases or a state of emergency,
medical establishments shall not be required to apply for modification of their
operating licenses, even if such healthcare activities are not part of their
scope of professional activities.
3. The Government shall elaborate
on this Article.
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1. The State budget shall cover the
followings according to budgetary levels:
a) Salaries, wages, allowances and
contributions prescribed by law and other benefits (if any) paid to staff
working for the medical establishments specified in clause 1 of Article 116
herein who are paid salaries and wages in accordance with law, and are
mobilized or dispatched to support healthcare activities in the event of
natural disasters, catastrophes or group-A infectious diseases or state of
emergency;
b) Allowances and other benefits
(if any) paid to the persons mobilized or dispatched to assist in the delivery
of healthcare in the event of a natural disaster, calamity, group-A infectious
disease or a state of emergency who are not paid salaries or wages defined in
laws.
2. Sources of funding for recurrent
expenditures of the medical establishments mobilized or dispatched as
prescribed in clause 1 of Article 116 herein, including the state budget,
health insurance fund, payments of service users and other lawful revenues as
prescribed by law, shall be as follows:
a) The central budget provides
funds for operation of medical establishments set up by the central government.
If the local budget has covered part of operational costs of centrally-founded
medical establishments located within local areas, the central budget shall not
be required to pay these costs;
b) The local budget provides funds
for operation of medical establishments set up by the local government. If the
local budget fails to provide sufficient funds for operation of these medical
establishments even when using up all available resources, the central budget
shall consider giving its support.
3. The state budget shall cover
costs of activities performed by mobilized or dispatched medical establishments
for prevention, control and mitigation of consequences in case of natural
disasters, calamities, group-A infectious diseases or a state of emergency.
4. The Government shall elaborate
on this Article.
Article 118. Authority over
mobilization of resources used in medical examination and treatment activities
in response to natural disasters, calamities, group-A infectious diseases or a
state of emergency
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2. Heads of other ministries or
central authorities and provincial People's Committees shall be empowered to
mobilize personnel under their management to participate in healthcare
activities in the event of natural disasters, calamities, group-A infectious
diseases or a state of emergency.
Chapter XII
IMPLEMENTATION PROVISIONS
Article 119. Amendments and
supplements to a number of Articles of several laws regarding medical
examination and treatment
1. Amending and supplementing
clause 10 of Article 4 in the Law on Corporate Income Tax No. 14/2008/QH12
which has been amended and supplemented by several Articles of the Law No.
32/2013/QH13, the Law No. 71/2014/QH13 and the Law No. 61/2020/QH14 as follows:
“10. The undistributed part of
income of medical establishments retained for investment in development of
those medical establishments; the undistributed part of income of private
health facilities which are not medical establishments providing medical
examination and treatment services, and the undistributed part of income of
private facilities in the education – training, other sectors needing the
private-sector involvement that is retained to invest in those facility’s
development in accordance with laws on education – training, health, and other
sectors needing the private-sector involvement; the undistributed part of
income forming assets of cooperatives that are established and operated in
accordance with the Law on Cooperatives.”
2. Replacing the phrase "Law
on Medical Examination and Treatment No. 40/2009/QH12” by the phrase “the Law
on Medical Examination and Treatment No. 15/2023/QH15” at point 26 of Appendix
II, regarding the List of technical or specialized planning schemes of the Law
on Planning No. 21/2017/QH14.
Article 120. Entry in force
1. This Law is coming into force as
from January 01, 2024, except as defined in clause 3, 4, 5, 6, 7, 8 and 9 of
this Article.
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3. Vietnam’s National Medical
Council (VNMC) shall have the duty to conduct qualification tests in accordance
with the following regulations:
a) The qualification test shall be
held for the title of doctor from January 1, 2027;
b) The qualification test shall be
held for the title of physician assistant, nurse or midwife from January 1,
2028;
c) The qualification test shall be
held for the title of medical technician, clinical nutritionist,
out-of-hospital paramedic or clinical psychologist from January 1, 2029.
4. The Vietnamese language
proficiency conditions applied to foreigners that are set out in point c of
clause 1 of Article 19 and point c of clause 2 of Article 30 herein shall be in
force on January 1, 2032.
5. Regulations pertaining to
information technology infrastructure that are set forth in point d of clause 2
of Article 52 herein shall be implemented as follows:
a) From January 1, 2027, these
regulations shall be applied to application packages for operating licenses
that are submitted from January 1, 2027;
b) By January 1, 2029 at the
latest, these regulations shall be applied to medical establishments awarded
operating licenses prior to January 1, 2027.
6. Quality standards specified in
point a of clause 1 of Article 57 herein shall be applied as follows:
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b) These quality standards shall be
applied to other forms of organization of medical establishment from January 1,
2027.
7. Regulations on levels of
professional and technical expertise in healthcare set out in Article 104
herein shall be in force as from January 1, 2025.
8. The healthcare management
information system shall be completely built and put to use ahead of January 1,
2027.
9. Health bodies of provincial
People’s Committees shall issue, re-issue, modify or revise, revoke or withdraw
operating licenses of private hospitals from January 1, 2027.
Article 121. Grandfather clauses
1. Practicing certificates issued
before January 1, 2024 shall be converted into practicing licenses according to
the conversion roadmap approved by the Government, and shall be renewed every 5
years from the date of conversion as prescribed in this Law.
2. Issuing practicing certificates
according to application packages submitted before January 1, 2024 shall comply
with the regulatory provisions of the Law on Medical Examination and Treatment
No. 40/2009/QH12, which was amended and supplemented by the Law No.
21/2017/QH14.
3. Practising certificates issued
under clause 2 of this Article shall be converted into practising licenses, and
renewed in accordance with clause 1 of this Article.
4. Regulations on use of language in
licensing and practising medicine applied to foreigners and overseas Vietnamese
under the Law on Medical Examination and Treatment No. 40/2009/QH12 amended and
supplemented by the Law No. 21/2017/QH14 shall apply until the end of December
31, 2031.
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6. Applicants submitting
application packages for practising licenses for the title of doctor from
January 1, 2024 to the end of December 31, 2026 shall not be required to take
the qualification test prescribed in this Law.
7. Applicants submitting
application packages for practising licenses for the title of physician
assistant, nurse or midwife from January 1, 2024 to the end of December 31,
2027 shall not be required to take the qualification test prescribed in this
Law.
8. Applicants submitting
application packages for practising licenses for the title of medical
technician, clinical nutritionist, out-of-hospital paramedic or clinical
psychologist from January 1, 2024 to the end of December 31, 2028 shall not be
required to take the qualification test prescribed in this Law.
9. Holders of practising licenses
defined in clause 1, 2, 6, 7 and 8 of this Article shall comply with
regulations pertaining to practice of medicine under this Law.
10. Persons awarded intermediate physician
assistant diplomas after December 31, 2026 shall not be granted practising
licenses for the title of physician assistant.
11. Medical establishments that
have been granted operating licenses under the provisions of the Law on Medical
Examination and Treatment No. 40/2009/QH12, which was amended and supplemented
by the Law No. 21/2017/QH14, may continue to operate without having to apply
for re-issuance of their operating licenses.
12. Application packages for
operating licenses submitted before January 1, 2024 shall be processed and
handled under the regulatory provisions of the Law on Medical Examination and
Treatment No. 40/2009/QH12, which was amended and supplemented by the Law No.
21/2017/QH14.
13. Operating licenses shall be
issued according to application packages for operating licenses submitted from
January 1, 2024 to the end of December 31, 2026 according to regulations on
forms of organization, conditions, procedures and issuance authority set down
in this Law, except for the regulatory provisions on conditions set out in
point d of clause 2 of Article 52, and the regulatory provisions on authority
laid down in clause 9 of Article 120 herein. Issuance, re-issuance, modification
or revision, and revocation or withdrawal of operating licenses of private
hospitals from January 1, 2024 to the end of December 31, 2026 shall be
undertaken by the Minister of Health.
14. Suspension and revocation of
operating licenses granted under the regulatory provisions of the Law on
Medical Examination and Treatment No. 40/2009/QH12 which was amended and
supplemented by the Law No. 21/2017/QH14 shall be subject to regulations on
suspension and revocation of operating licenses laid down in this Law.
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This Law is passed in the second
extraordinary meeting of the 15th National Assembly of Socialist
Republic of Vietnam on January 1, 2023.
CHAIRMAN
Vuong Dinh Hue