Tiếng Việt- 1 Ordinance No. 01/2012/UBTVQH13 of March 22, 2012, on the consolidation of legal document
- 2 Constitution dated November 28, 2013 of the socialist republic of Vietnam
- 3 Law No. 40/2009/QH12 of November 23, 2009, on medical examination and treatment
- 4 Law No. 21/2017/QH14 dated November 14, 2017 on planning
| OFFICE OF THE NATIONAL ASSEMBLY | SOCIALIST REPUBLIC OF VIETNAM |
| No: 12/VBHN-VPQH | Hanoi, December 12, 2017 |
MEDICAL EXAMINATION AND TREATMENT
The National Assembly’s Law on Medical Examination and Treatment No. 40/2009/QH12, dated November 23, 2009, effective from January 1, 2001, is amended by:
The National Assembly’s Law on Planning No. 21/2017/QH14, dated November 24, 2017, effective from January 1, 2019.
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, with a number of articles amended by the Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law on Medical Examination and Treatment1.
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This Law provides the rights and obligations of patients, medical practitioners and health facilities; conditions on medical practitioners and health facilities; professional and technical requirements for medical examination and treatment; application of new techniques and methods to medical examination and treatment; professional and technical errors, settlement of complaints, denunciations and disputes related to medical examination and treatment; and conditions to assure medical examination and treatment.
For the purpose of this Law, the terms below shall be construed as follows:
1. Medical examination is the inquiry into diseases and medical history, physical examination, and instruction for paraclinical testing or functional probe, when necessary, for diagnosis and instruction of recognized appropriate treatment methods.
2. Medical treatment is the use of recognized professional and technical methods and drugs licensed for circulation for emergency aid, treatment, care and functional rehabilitation of patients.
3. Patient is a user of medical services.
4. Medical practice certificate is a document granted by a competent state agency to a person eligible for professional practice under this Law (hereinafter referred to as practice certificate),
5. License for medical examination and treatment is a document granted by a competent state agency to a health facility eligible for operation under this Law (hereinafter referred to as operating license).
6. Medical practitioner is a person possessing a practice certificate and practicing medicine (hereinafter referred to as practitioner).
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8. Herbalist is a person knowledgeable about traditional theories and experienced in providing examination and treatment with traditional medicine methods with or without drugs, which are recognized by the Ministry of Health or provincial-level Health Departments after consulting the Central Oriental Medicine Council or provincial-level Oriental Medicine Councils.
9. Owner of a family herbal remedy or treatment method is a person owning an old remedy or treatment method passed from one generation to another of a family or family line, which effectively cures one or some diseases or symptoms and is recognized by a provincial-level Health Department after consulting a provincial-level Oriental Medicine Council.
10. Continuous medical knowledge update is a practitioner's attendance at short-term health training courses, conferences and seminars related to his/her professional practice under programs approved or recognized by the Ministry of Health and receipt of training certificates under the Minister of Health’s regulations.
11. Abandoned patient is a patient in an emergency state, suffering from a mental disease or being abandoned, including infants abandoned at health facilities, without personal identification papers and whose address of residence is unknown.
12. Consultation is a discussion between practitioners on the disease status of a patient for diagnosis and introduction of appropriate and timely treatment methods.
13. Medical accident is the consequences harming the health or life of a patient caused by professional and technical errors in medical examination and treatment or unexpected misfortunes in medical examination and treatment even though a practitioner has observed professional and technical regulations.
Article 3. Principles for medical practice
1. Ensure equality, fairness and non-discrimination for patients.
2. Respect patients' rights; to keep confidential information on the health status and privacy of patients indicated in medical records, except the cases specified in Clause 2, Article 8; Clause 1, Article II and Clause 4, Article 59 of this Law.
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4. Prioritize medical examination and treatment for cases of emergency, children under 6, sufferers of serious disabilities, people aged full 80 or older; people with contributions to the revolution; and pregnant women.
5. Guarantee work ethics of practitioners.
6. Respect, cooperate with, and protect practitioners on duty.
Article 4. State policies on medical examination and treatment
1. Prioritize budget to meet people's basic needs for medical examination and treatment; allocate budget to healthcare for people with contributions to the revolution, children, poor people, farmers, ethnic minority people and inhabitants in areas with difficult or extremely difficult socio-economic conditions.
2. Step up developing human resources for the health sector, especially in areas with difficult or extremely difficult socio-economic conditions; rotate practitioners at health facilities, on a definite term, from higher to lower levels and from areas without socio-economic difficulties to those with difficult or extremely difficult socio-economic conditions.
3. Facilitate participation of the private sector in medical examination and treatment; encourage organizations and individuals to invest in and develop medical services.
4. Encourage research as well as application of science and technology in medical examination and treatment.
5. Combine modern medicine with traditional medicine in medical examination and treatment.
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1. The Government shall decide governmental authority over medical examination and treatment.
2. The Ministry of Health is responsible to the Government in exercising governmental authority on medical examination and treatment, and has the following tasks and powers:
a) Create and promulgate within its competence (or submit to authorities with competent to promulgate) legal documents, technical regulations on medical examination and treatment; strategies for development and planning of health facilities;
b) Direct instruction and propagation, as well as organize implementation of legal documents on medical examination and treatment; strategies for development and planning of health facilities;
c) Uniformly manage issue, reissue and recall of practice certificates and operating licenses;
d) Create and manage the national database on practitioners and health facilities;
dd) Carry out inspections, settle complaints/denunciations and handle violations against the law on medical examination and treatment;
e) Provide training and continued training to develop the workforce; giving guidelines for rotation of practitioners; study, apply science and technology to medical examination and treatment;
g) Carry out global cooperation in medical examination and treatment; recognize practice certificates of other countries; provide guidelines for humanitarian medical examination and treatment; cooperate with experts, transfer new treatment techniques and methods.
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4. Ministries and ministerial agencies, within its tasks and powers, have the responsibility to cooperate with the Ministry of Health in exercising governmental authority on medical examination and treatment.
5. Provincial People’s Committees, within its tasks and powers, exercise governmental authority on medical examination and treatment within their jurisdictions.
1. Refusing or deliberately delaying emergency care for patients.
2. Practicing medicine without practice corticated or while being suspended, provide medical services without operating license or while being suspended.
3. Practicing medicine or provide medical services outside the scope of professional operation under a practice certificate or operating license, except in case of emergency.
4. Renting, borrowing, lending or renting out the practice certificate or operating license.
5. Selling medications to patients while being a medical practitioner other than doctors/physicians practicing oriental medicine and owners of family herbal remedies.
6. Applying any medical methods which have not been recognized or using use drugs which have not been licensed for sale.
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8. Using superstitions while practicing medicine.
9. Drinking alcohol, smoking or having alcohol in one’s blood or bread while practicing medicine.
10. Infringe upon the patient's rights; fail to observe professional and technical regulations in medical examination and treatment; take advantage of positions and powers in medical examination and treatment; abuse the profession to damage the patient’s honor, dignity and body; tamper with medical records in order to falsify information on medical examination and treatment.
11. Harming a practitioner’s health, life, honor or dignity.
12. Obstructing patients in need of compulsory treatment from entering the health facility or deliberately providing treatment for those who are not in need of compulsory treatment.
13. Health officials and public employees establishing or participating in the establishment or management and administration of, private hospitals/health facilities (which are set up and operate under the Enterprise Law or the Law on Cooperatives), unless they are assigned by competent authorities to manage and administer state-funded health facilities
14. Bribery in medical examination or treatment or brokerage thereof.
THE PATIENT’S RIGHTS AND OBLIGATIONS
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Article 7. Right to undergo medical examination and treatment suitable for the actual conditions
1. Be provided consultations and explanations for health status, treatment methods and medical services which are appropriate for the disease.
2. Undergo safe, appropriate and effective treatment in accordance with the professional and technical regulations.
1. Have the details of his/her health status and private live in the medical record kept confidential.
2. The information specified in Clause 1 of this Article shall only be disclosed with the patient's consent or for sharing of information and experience for the purpose of improving the quality of diagnosis, care and treatment among the practitioners directly taking care of the patients, or any other case specified by law.
1. Be free from prejudice, discrimination or forced medical examination and treatment, except the cases stated in Clause 1, Article 66 of this Law.
2. Have his/her age, gender, ethnicity and religion be respected.
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Article 10. Right to choose in medical examination and treatment
1. Be provided with sufficient information on, explanations for and consultations on disease status, results and possible risks in order to choose diagnosis and treatment methods.
2. Accept or refuse participation in medical/biological researches on medical examination and treatment.
3. Choose a representative to exercise and protect the patient’s own rights and obligations in medical examination and treatment.
Article 11. Right to information on the medical record and medical service charges
1. Be provided with summarized medical records upon written request, unless specified otherwise by law.
2. Be provided with information on medical examination and treatment, detailed explanations for payments stated in medical examination and treatment receipts.
Article 12. Right to refuse treatment and leave the health facility
1. Refuse tests, medications, treatment techniques or procedures but must take responsibility for such refusals in writing, except the cases stated in Clause 1, Article 66 of this Law.
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1. Medical examination and treatment for incapacitated persons, those with no or limited legal capacities and minors from 6 to under 18 years old shall be decided by those patients’ legal representatives.
2. In case of emergency, in order to protect the patient’s life and health, of the patient’s legal representative is not available, the head of the health facility shall decide on examination and treatment for that patient.
Section 2. OBLIGATIONS OF THE PATIENT
Article 14. Obligation to respect practitioners
Respect and do not inflict harm on honor, dignity, health and lives of practitioners as well as other health staff.
Article 15. Obligation to comply with regulations on medical examination and treatment
1. Provide information on personal health status truthfully; fully cooperate with practitioners and health facilities.
2. Comply with diagnosis and treatment prescribed by the practitioner, except the cases stated in Article 12 of this Law.
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Article 16. Obligation to pay medical service charges
The patient has the responsibility to pay medical service charges, except when discounts or exemptions apply as specified by law. If the patient is paying medical insurance, the medical service charges shall be paid in accordance with the regulations of law on health insurance.
Section 1. REQUIREMENTS FOR PRACTITIONERS
Article 17. Applicants for practice certificates
1. Doctors and physicians.
2. Nurses.
3. Midwives.
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5. Herbalists.
6. Owners of family herbal remedies or treatment methods.
Article 18. Requirements for issuance of practice certificates to Vietnamese citizens
1. Possess one of the following diplomas or certificates that are appropriate for the form of medical examination and treatment:
a) Professional medical diplomas issued or certified in Vietnam;
b) Herbalist certificates;
c) Owner of family herbal remedy or treatment method certificate.
2. Possess a written internship confirmation, except herbalists and owners of family herbal remedies or treatment methods.
3. Possess the certificate of sufficient health for medical practice.
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1. Meet all the requirements stated in Article 18 of this Law.
2. Meet the language skills requirements in medical examination and treatment, specified in Article 23 of this Law.
3. Has his/her legal history confirmed by the home country’s competent authority.
4. Possess a work permit issued by a Vietnamese labor authority, in accordance with the regulations of law on labor.
1. Meet all the requirements stated in Article 18 of this Law (in the case of Vietnamese citizens) or Article 19 of this Law (in the case of foreign citizens or Vietnamese expatriates), except the internship confirmation.
2. Possess the certificate of continuous medical knowledge update.
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2. The Minister of Health details the requirements, documents, proposal procedures and competence to approve medical examination and treatment in the cases mentioned in Clause 1 of this Article.
Article 22. Recognition of practice certificates
The recognition of practice certificates from other countries is in accordance with international agreements or treaties of which the Socialist Republic of Vietnam is a member.
1. The foreign citizen or Vietnamese expatriate providing medical examination and treatment directly to Vietnamese people must be proficient in Vietnamese language; if not, the language of use must be registered and a translator must be available.
2. The prescription for treatment and medication must be written in Vietnamese; if the practitioner is not proficient in Vietnamese language, such prescriptions must be written in the practitioner’s registered language and must be translated to Vietnamese.
3. The foreign citizen or Vietnamese expatriate providing medical examination and treatment directly to Vietnamese people is considered to be proficient in Vietnamese language after being tested and recognized by a medical training establishment designated by the Minister of Health.
The Minister of Health details the criteria for Vietnamese proficiency or qualifications for translation in medical examination and treatment.
4. The translator must take legal responsibility for the translation’s accuracy during medical examination and treatment.
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1. Those with professional medical diplomas issued or recognized in Vietnam must undergo internship specified below before obtaining practice certificates:
a) 18-month internship in a hospital or a research institute equipped with sickbeds (hereinafter collectively referred to as hospital) for doctors;
b) 12-month internship in a hospital for physicians;
c) 9-month internship in a hospital with obstetrics and gynecology (OB-GYN) department or a maternity hospital for midwives;
d) 9-month internship in a health facility for nurses and technicians.
2. The head of the health facility has the responsibility to confirm the intern’s work at the establishment in writing, providing details on the time, professional capacity and work ethics.
Article 25. Practice certificates
1. The practice certificate is issued to the one meeting all the requirements stated in Article 18 or Article 19 of this Law.
2. The practice certificate is issued once and valid nationwide.
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a) Full name, date of birth, residential address, professional diploma;
b) Form of practice;
c) Scope of professional operation.
4. The practice certificate can be replaced if lost or damaged.
5. The Minister of Health promulgates the practice certificate’s template.
6. The Government details the roadmap to ensure that by January 1, 2016, all of those practicing medicine in state-owned health facility at this Law's time of effect shall have practice certificates.
Article 26. Competence to issue, reissue and revoke practice certificates
1. The Minister of Health issues, reissues and revokes practice certificates in the following cases:
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b) Those working at health facilities affiliated with other ministries, except the cases specified in Clauses 2 and 3 of this Article;
c) Foreign citizens practicing medical examination and treatment in Vietnam.
2. The Director of Health Department issues, reissues and revokes practice certificates in the case of those working in health facilities within their jurisdictions, except the cases specified in Clauses 1 and 3 of this Article.
3. The Minister of Home Defense details the issuance, reissuance and revocation of practice certificates in the case of those working in health facilities under the ministry’s management.
Article 27. Application documents for issuance, reissuance and revocation of practice certificates
1. The application documents for issuance of practice certificates to Vietnamese citizens are:
a) Practice certificate issuance request form;
b) Copy of professional diploma or certificate;
c) Confirmation of internship;
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dd) Legal history form;
e) Résumé confirmed by the local commune People's Committee or the head of the current workplace.
2. The application documents for issuance of practice certificates to foreign citizens or Vietnamese expatriates are:
a) Practice certificate issuance request form;
b) Copy of professional diploma;
c) Confirmation of internship;
d) Confirmation of Vietnamese proficiency or the translator's records specified in Clause 3, Article 23 of this Law;
dd) Certificate of sufficient health for medical practice, issued by qualified health facilities as specified by the Minister of Health;
e) Legal history form;
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3. Those whose practice certificates are lost or damaged and those who have their practice certificates revoked (as specified in Points a and b, Clause 1, Article 29 of this Law) only need to submit practice certificate reissuance forms.
4. The application documents for reissuance of practice certificate for cases of revocation specified in Points c, d, dd, e and g, Clause 1, Article 29 of this Law are:
a) The documents stated in Clause 1 of this Article (in the case of Vietnamese citizens) or Clause 2 of this Article (in the case of foreign citizens or Vietnamese expatriates), except the internship confirmation;
b) Certificate of continuous medical knowledge update.
Article 28. Procedures for issuance and reissuance of practice certificates
1. The application documents for issuance and reissuance of practice certificates are stated in Article 27 of this Law and shall be submitted to the Ministry of Health, Ministry of Home Defense or Health Department.
2. Within 60 days from the documents’ date of receipt, the Minister of Health, Minister of Home Defense or Director of Health Department must issue the practice certificate; if confirmation is needed for those who were trained overseas or have foreign-issued practice certificates, the time limit can be extended but shall not exceed 180 days; if the practice certificate cannot be issued, a written statement detailing the reason must be sent.
3. Within 30 days from the documents’ date of receipt, the Minister of Health, Minister of Home Defense or Director of Health Department must reissue the practice certificate; if the practice certificate cannot be reissued, a written statement detailing the reason must be sent.
4. The Minister of Health shall establish the advisory council (whose members are representatives of socio-professional medical organizations, lawyer association, medical training establishments, health facilities, consumer rights organization and other social organizations) which gives advice to the Minister of Health in issuance, reissuance and revocation of practice certificates; suspension of practitioners’ professional activities; create standards for recognition of contents and forms of continuous medical knowledge update and requirements for facilities to provide continuous medical knowledge update; regulate contents, forms of and organize tests for written confirmation of Vietnamese proficiency and qualification for translation in medical examination and treatment.
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5. The Minister of Home Defense details the procedures for issuance, reissuance and revocation of practice certificates in the case of those working in health facilities under the ministry’s management.
Article 29. Revocation of practice certificates and suspension of practice
1. The practice certificate shall be revoked in the following cases:
a) The certificate was issued ultra vires;
b) The certificate has illegal contents;
c) The practitioner has not practiced for two consecutive years;
d) The practitioner is discovered to make professional or technical errors resulting in grave consequences to the patient's health and life;
dd) The practitioner has failed to continuously update medical knowledge for two consecutive years;
e) The practitioner has insufficient health for medical practice;
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2. Upon discovering one of the cases stated in Clause 1 of this Article, the Minister of Health, the Minister of Home Defense or the Director of Health Department issues the decision to revoke practice certificate, as specified in Article 26 of this Law.
3. If the practitioner is discovered to make a professional or technical error which are not the ones stated in Point d, Clause 1 of this Article, depending on the nature and extent of that error, the Minister of Health, the Minister of Home Defense or the Director of Health Department shall partially or fully suspend that practitioner’s professional activities as specified in the regulations of law.
4. The Minister of Health details the procedure for revocation of practice certificates; the procedure for partial or full suspension of the practitioner’s professional activities.
5. The Minister of Home Defense details the procedure for revocation of practice certificates; the procedure for partial or full suspension of the practitioner’s professional activities in health facilities under the ministry’s management.
Article 30. Fees for issuance and reissuance of practice certificates
1. A fee must be paid for issuance or reissuance of practice certificates.
2. The Minister of Finance details the fees for issuance or reissuance of practice certificates.
Section 3. RIGHTS OF THE PRACTITIONER
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2. Decide and be responsible for diagnosis and treatment methods within the scope of professional operation stated in the practice certificate.
3. Sign medical examination and treatment practice contracts with multiple health facilities but shall only take professional and technical responsibilities in one such establishment.
4. Join socio-professional organizations.
Article 32. Right to refuse to provide medical examination and treatment
1. Refuse to provide medical examination and treatment if the disease's state in considered beyond the practitioner's capacity or scope of professional operation; however, the practitioner is required to notify the competent person or refer the patient to another health facility. In this case, the practitioner must still provide first aid, emergency aid, monitoring, care and treatment to the patient until that patient is transferred to another health facility.
2. Refuse to provide medical examination and treatment if such activities go against the regulations of law or work ethics.
Article 33. Right to improve professional capacity
1. Receive training, retraining and medical knowledge update appropriate for the professional practice capacity.
2. Participate in refresher courses and exchange of information of professional and legal medical knowledge.
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1. Be protected by the law and free from responsibilities if the medical accident occurs despite compliance with professional and technical regulations.
2. Request authorities, organizations and professional associations to protect the practitioner’s legal rights and privileges when a medical accident happens to a patient.
Article 35. Right to safety during practice
1. Be provided with work safety and sanitary gear to prevent or minimize the risk of disease contraction and other work-related accidents.
2. Receive protection for his/her health, life, honor and body.
3. If the practitioner’s life is threatened, he/she can temporarily avoid his/her work place and must notify the health facility’s head or the local government.
Section 4. OBLIGATIONS OF THE PRACTITIONER
Article 36. Obligations towards patients
1. Provide the patient with timely first aid, emergency aid, medical examination and treatment, except in the cases specified in Article 32 of this Law.
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3. Give advices and information in accordance with Clause 1, Article 7 and Clause 1, Article 11 of this Law.
4. Give equal treatment to patients, prevent personal gain or discrimination from affecting his/her professional decisions.
5. Only request the patient to pay medical service charges which are publicized as specified in the regulations of law.
Article 37. Obligation towards the occupation
1. Comply with professional and technical regulations.
2. Be responsible for his/her own provision of medical examination and treatment.
3. Regularly study and update medical knowledge continuously for professional capacity improvement, as specified in the Minister of Health’s regulations.
4. Dedicate oneself to the medical examination and treatment processes.
5. Keep the patient’s state of disease, information provided by the patient and medical record confidential, except in the cases specified in Clause 2, Article 8 of this Law.
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7. Do not prescribe medications, medical services or recommend the patient to be transferred to another health facility for personal gain.
Article 38. Obligation towards colleagues
1. Cooperate with and respect colleagues in medical examination and treatment
2. Protect the colleague’s honor and dignity.
Article 39. Obligations towards the society
1. Participate in health protection and education in the community.
2. Participate in overseeing other practitioners' professional capacities and work ethics.
3. Comply with the supervisory authority appointment decisions in accordance with Clause 2, Article 4 of this Law.
4. Comply with the authorities’ mobilization decisions in case of natural disasters or dangerous epidemics.
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The practitioner has the obligation to comply with work ethics specified by the Ministry of Health.
Section 1. FORM OF ORGANIZATIONS AND CONDITIONS FOR OPERATION OF HEALTH FACILITIES
Section 41. Form of organizations of health facilities
1. Form of organizations of health facilities are:
a) Hospitals;
b) Medical assessment establishments;
c) General clinics;
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dd) Traditional medical clinics;
e) Maternity hospitals;
g) Diagnosis establishment;
h) Health service establishment;
i) Commune health stations;
k) Other form of organizations of medical examination and treatment.
2. The Government details Clause 1 of this Article and form of organizations of health facilities in the military.
Section 42. Conditions for operation of health facilities
1. Possess the competent authority's establishment decision in the case of state-founded health facilities or a business registration certificate or investment license specified in the regulations of law in the case of other health facilities.
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Section 43. Requirements for operating license issuance for health facilities
1. The health facility shall be granted an operating license after meeting the following requirements:
a) Comply with all national technical regulations on health facilities, promulgated by the Minister of Health;
b) There are sufficient practitioners within the scope of professional operation;
c) The one taking professional and technical responsibilities of the establishment must already have at least 36 months of medical examination and treatment practice.
2. In the case registration for establishment of specialized/family clinics, besides the requirements stated in Clause 1 of this Article, the head of the establishment must be a practitioner with a diploma appropriate for the form of practice.
3. The Minister of Health and Minister of Home Defense detail the requirements for issuance of operating licenses stated in this Article for each form of organization of health facility within their competences.
Section 44. Operating licenses for health facilities
1. An operating license is issued once for the health facility meeting the requirements stated in Article 43 of this Law.
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a) Name, form of organization, place of operation;
b) Scope of professional operation;
c) Daily opening time.
3. When changing the scale of operation, the establishment must follow the procedure for adjustment to the operating license; when changing the form of organization or undergoing division, consolidation, acquisition, or changing the place of operation, the procedure for issuance of operating license must be followed.
4. If the operating license is lost, damaged, or revoked (as specified in Point a, Clause 1, Article 48 of this Law), the establishment can have its operating license reissued.
5. The Minister of Health promulgates the operating license template.
6. The Government details the roadmap to ensure that by January 1, 2016, all state-owned health facilities operating at this Law's time of effect shall have operating licenses.
Article 45. Competence to issue, reissue, modify and revoke operating licenses for health facilities
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2. The Director of Health Department shall issue, reissue, modify and revoke operating licenses for health facilities within the department’s jurisdiction, except the cases specified in Clauses 1 and 3 of this Article and notify the local district People's Committee within 30 days from the date of such issuance, modification or revocation.
3. The Minister of Home Defense details the issuance, reissuance and revocation of operating licenses for health facilities under the ministry’s management.
1. The application documents for operating license issuance are:
a) Operating license issuance request form;
b) Copy of the competent authority’s establishment decision in the case of state-owned health facilities, or business registration certificate in the case of private establishments, or investment certificates in the case of establishments with foreign investment capital;
c) Copies of the practice certificates of the one taking professional and technical responsibilities and heads of specialized departments, as well as the list of practitioners with their full names, certificate numbers, scopes of professional operation in the case of hospitals; copy of each practitioner's practice certificate in the case of other health facilities;
d) List of medical facilities and equipment, description of organizational structure and human resource records;
dd) Documents proving the establishment’s fulfillment of the requirements stated in Article 43 of this Law;
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2. The application documents for operating license reissuance are:
a) Operating license reissuance request form;
b) The damaged original license (if available).
3. The application documents for operating license modification are:
a) Operating license modification request form;
b) List of medical facilities and equipment, as well as human resource records appropriate for the scale or scope of professional operation which is expected to be modified.
1. The procedures for issuance, reissuance and modification of operating licenses for health facilities are as follows:
a) The documents for issuance, reissuance and modification of operating licenses are stated in Article 46 of this Law and shall be submitted to the Ministry of Health, Ministry of Home Defense or Health Department;
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c) Within 30 days from the documents’ date of receipt, the Minister of Health, Minister of Home Defense or Director of Health Department must reissue the operating license; if the operating license cannot be reissued, a written statement detailing the reason must be sent.
2. The Minister of Health details the assessment arrangements, assessors and assessment procedures for issuance and modification of operating licenses.
3. The Minister of Home Defense details the assessment arrangements, assessors and assessment procedures for issuance and modification of operating licenses for health facilities under the ministry’s management.
Section 48. Revocation and suspension of operating licenses for health facilities
1. An operating license shall be revoked in the following cases:
a) The operating license was issued ultra vires;
b) The health facility does not meet the requirements stated in Article 43 of this Law;
c) The establishment does not operate within 12 months from the operating license’s date of issuance;
d) The establishment halts its operation for 12 consecutive months, or terminates its operation.
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3. If the health facility is discovered to make a professional error or fail to meet one of the requirements stated in Clause 43 of this Article, depending on the nature and extent of that error/failure, the Minister of Health, the Minister of Home Defense or the Director of Health Department shall partially or fully suspend that establishment’s professional activities.
4. The Minister of Health details the procedure for revocation of operating licenses; the procedure and time of partial or full suspension of health facilities’ professional activities.
5. The Minister of Home Defense details the procedure for revocation of operating licenses; the procedure and time of partial or full suspension of health facilities’ (which are under the ministry’s management) professional activities.
1. The health facilities applying for issuance, reissuance and modification of operating licenses must pay the fees.
2. The Minister of Finance details the fees for issuance, reissuance and modification of operating licenses.
Section 3. CERTIFICATION OF QUALITY IMPROVEMENT FOR HEALTH FACILITIES
Article 50. Certification of quality for health facilities
1. Quality management standards for health facilities are technical and management requirements used as basis for classification and assessment of the establishment’s quality, promulgated by domestic or foreign organizations and recognized by the Vietnamese competent authorities.
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3. Certification of quality for health facilities must be carried out by qualified organizations specified in Article 51 of this Law and based on comparison between the establishment’s actual quality and the quality management standards.
Article 51. Quality certification organizations for health facilities
1. Quality certification organizations for health facilities are independent from the health facilities and founded by agencies, organizations or individuals.
2. During quality certification for health facilities, the quality certification organizations must maintain the principles of independence, objectivity, integrity, openness and transparency, and take legal responsibility for their certification results.
3. The Government details the foundation, arrangement and operation of quality certification organizations for health facilities.
Section 4. RIGHTS AND RESPONSIBILITIES OF HEALTH FACILITIES
Article 52. Rights of health facilities
1. Provide medical examination and treatment in accordance with this Law; qualified establishments, as specified by the Minister of Health, can provide regular health checkups and health checkups for work and study, and must be responsible for those checkup results.
2. Refuse to provide medical examination and treatment if the disease's state in considered beyond the establishment's capacity or scope of professional operation stated in the operating license; however, the establishment is required to refer the patient to another health facility. In this case, the establishment must still provide first aid, emergency aid, monitoring, care and treatment to the patient until that patient is transferred to another health facility.
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4. Receive incentives while providing medical examination and treatment in accordance with the regulations of law.
Section 53. Responsibilities of health facilities
1. Provide patients with timely emergency aid, medical examination and treatment.
2. Comply with professional and technical regulations, as well as other related regulations of law.
3. Publicize working times and service charges and collect the latter correctly.
4. Notify the authority issuing the operating license if the one taking professional and technical responsibilities of the establishment is changed, or the practitioner is a foreigner, as specified in the Minister of Health’s regulations.
5. Ensure that the rights and obligations of patients and practitioners, specified in this Law, are fulfilled.
6. Maintain the necessary conditions for the practitioners to provide medical examination and treatment within their scopes of professional operation.
7. Comply with the authorities’ mobilization decisions in case of natural disasters or dangerous epidemics.
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PROFESSIONAL AND TECHNICAL REGULATIONS ON MEDICAL EXAMINATION AND TREATMENT
1. Forms of emergency aid are:
a) Emergency aid in health facilities;
b) Emergency aid outside of health facilities
2. If the emergency aid lies beyond the professional capacity, depending on the case, the health facility must carry out at least one of the following activities:
a) Hold consultations as specified in Article 56 of this Law;
b) Invite other health facilities to help with emergency aid;
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3. The head of the health facility has the responsibility to prioritize all human resources and best equipment for emergency aid.
Article 55. Diagnosis, prescription for treatment methods and medications
1. Diagnosis, prescription for treatment methods and medications must be:
a) Based on results of clinical and paraclinical examinations, with the patient's medical history, family background, occupation and epidemiologic elements taken into account;
b) Timely, objective, prudent and scientific.
2. The practitioner in charge of medical examination and treatment has the following responsibilities:
a) Provide examination and diagnosis, prescribe timely and accurate treatment methods and medications and be responsible for such activities;
b) Decide on inpatient or outpatient treatment; introduce patients in need of inpatient treatment to appropriate health facilities when his/her health facility has no patient bed available.
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2. Forms of consultation are:
a) Consultation within a ward;
b) Inter-ward consultation
c) Inter-establishment consultation;
d) Consultation using experts’ opinions;
dd) Long-distance consultation using information technology;
e) Other consultations specified by the Minister of Health.
Article 57. Outpatient treatment
1. Outpatient treatment is carried out in the following cases:
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b) The patient has finished his/her inpatient treatment but requires monitoring and further treatment after discharge.
2. After deciding that the patient requires outpatient treatment, the practitioner has the responsibility to:
a) Create an outpatient medical record as specified in Article 59 of the Law;
b) Record on the medical report book, specifying the patient’s personal information, diagnosis, prescribed treatment methods and medications and time for re-examination.
Article 58. Inpatient treatment
1. The administrative procedures to admit, discharge the patient, or transfer the patient to another ward or establishment, must be carried out in a timely manner without giving patients hassles.
2. Inpatient treatment is carried out in the following cases:
a) There is a prescription for inpatient treatment from the health facility's practitioner;
b) There is a transfer notice detailing the patient's transfer from another health facility.
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a) Admit the patient to the health facility.
If the patient has multiple diseases, the establishment’s head has the responsibility to consider and decided the ward that carries out the treatment;
b) Instruct the patient which ward he/she will stay for inpatient treatment.
4. The patient is transferred to another ward if he/she is discovered to have a disease that lies beyond the current ward's professional scope, or primarily relevant to another specialized ward.
5. Transfer to another health facility is required in the following cases:
a) The disease lies beyond the establishment’s treatment capacity and capability of facilities;
b) The disease is not appropriate to the professional and technical designation, as specified by the Minister of Health;
c) Upon the patient’s request.
6. The procedure patient transfer to another ward/health facility has the following steps:
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b) If the patient is transferred to another ward, the entire medical record shall also be transferred to that ward; if he/she is transferred to another health facility, a transfer notice must be sent to that establishment, alongside his/her summarized medical record.
7. If the patient’s condition has become stable or the patient requests to be discharged (with a commitment written by the patient or his/her representative) after receiving advice from the practitioner, the health facility has the responsibility to:
a) Complete the medical record and consolidate the patient’s treatment process;
b) Provide the patient guidelines on caring for his/her own health;
c) Prescribe an outpatient treatment regime if necessary;
d) Settle medical service charges as stated in Article 16 of this Law;
dd) Provide a discharge notice for the patient.
1. The medical record is a health, medical and legal document; each patient shall only have one medical record for each medical examination and treatment carried out in a health facility.
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a) Medical records must be created for both patients requiring inpatient and outpatient treatments;
b) The medical record must be on paper or in digital and its sections must be recorded clearly and fully;
c) The medical record includes documents and information related to the patient and the treatment process;
3. The medical record is retained as follows:
a) The medical record is retained according to degrees of legal confidentiality, as specified in the regulations of law on protection of state secrets;
b) The outpatient and inpatient medical records are retained for at least 10 years; the medical records for occupational/household accidents are retained for at least 15 years; the medical records for mental/dead patients are retained for at least 20 years;
c) If the medical record is digital, the health facility must have a backup copy and comply with retention regulations stated in Points a and b of this Clause.
4. The health facility’s head shall permit the use of medical records in the following cases:
a) Trainee students, researchers, practitioners of the establishment can borrow the records for on-the-spot reading or make copies for research or professional and technical work;
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c) The patient or his/her representative can receive the summarized medical record as stated in Clause 1, Article 11 of this Law.
5. The entities stated in Clause 4 of this Article must ensure confidentiality while using the medical record’s information and only use those information for the purpose declared to the establishment’s head.
Article 60. Use of medication in health facilities providing inpatient treatment
1. Use of medication in health facilities providing inpatient treatment must ensure that:
a) Medication is used only when necessary, as well as appropriately, safely, reasonably and effectively;
b) Prescriptions must be appropriate for diagnoses and the patients’ states of disease;
c) Regulations on drug preservation, provision and use are complied with.
2. The practitioner must write clearly and sufficiently the names, contents, dosage, methods of administration and use times of medications on prescriptions or medical records.
3. While providing medications to the patients, those in charge of such provision have the responsibility to:
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b) Compare prescriptions with information on concentrations, contents and quantities when receiving medications and expiry dates of medications indicated in medication receipt slips and on medication labels:
c) Check the patients’ full names and the names, forms, contents, dosage, methods of administration and use times of medications before letting the patient use those medications;
d) Record in full the time of medication provision, monitor and record the clinical developments of the patient in the medical record and promptly detect and report medical accidents to the practitioner who is directly providing treatment.
4. After the patient uses the medication, the practitioner directly providing treatment has the responsibility to monitor the effects and handle medical accidents caused by such use.
The patient has the responsibility to use medications as instructed by the practitioner and notify the practitioner of any abnormal signs after such use.
Article 61. Surgery and surgical interference
1. All surgeries and surgical interference must be agreed upon by the patient or his/her representative except in the cases specified in Clause 3 of this Article.
2. The patient mentioned in Clause 1, Article 13 of this Law must have his/her representative's written agreement before surgery or surgical interference.
3. If it is impossible to consult the patient or his/her representative, or the patient’s life is in danger without surgery or surgical interference, the health facility’s head shall perform the surgery or surgical interference.
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1. Measures for infection control in health facilities are:
a) Sterilization of health equipment, the environment and waste processing at the establishment;
b) Self-protection and self-sanitation;
c) Food sanitation and safety;
d) Infection surveillance;
dd) Other measures for infection control specified in the regulations of law.
2. The health facility has the responsibility to:
a) Implement measures for infection control in the establishment;
b) Ensure that the facilities, equipment, protective gear, personal hygiene conditions for employees, patients and visitors meet the requirements for infection control in health facilities;
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dd) Implement other measures for infection control specified in the regulations of law.
3. The health facility’s employees, patients and visitors must comply with the establishment’s regulations on infection control.
Article 63. Medical waste processing
1. Medical waste includes solid, liquid, gaseous waste, chemicals, radioactive waste produced by medical examination, diagnosis, treatment, care of patient and patients’ activities in the health facility.
2. The health facility has the responsibility to sort, collect and process medical waste in accordance with the regulations of law on environmental protection.
Article 64. Handling of abandoned patients
1. Admit and provide medical examination and treatment for abandoned patients in accordance with this Law.
2. Check, make the record of and preserve the patient’s property.
3. Notify the local public security or commune People’s Committee so that those authorities can issue a notice of search for relatives of the patient on the mass media.
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5. In the case of mental patients, if the health facility does not have any psychiatric ward, the patient shall be transferred to another establishment that has such ward. The health facility specializing in psychiatry must admit, care for and provide treatment to the patient. If the patient has nobody claiming him/her after treatment, the establishment shall notify a social security agency in order for that agency to admit the patient.
The social security agency has the responsibility to admit the patients stated in Clauses 4 and 5 of this Article within 10 working days from the date the notice is received.
6. In the case of dead patients without anybody claiming him/her, after implementing the regulations stated in Article 65 of this Law, the health facility must take pictures and preserve tissues in order to identify the patient and follow the death declaration procedure in accordance with the regulations of law on civil status and interment.
Article 65. Handling dead patients
1. The health facility has the responsibility to:
a) Issue death certificates;
b) Hold a critical discussion within 15 days after the patient's death;
c) Assign the practitioner directly treating the patient or on duty to compile a death dossier which specifies disease developments, treatment methods, time and cause of death;
d) Retain the death dossier as specified in Clause 3, Article 59 of this Law.
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a) For those with personal identifications (IDs), the establishment shall notify the patient’s relatives in order to carry out interment;
a) For those without personal IDs, the establishment shall issue notices of search for the patient’s relatives on the mass media.
If no personal ID was found or nobody claiming the patient despite the latter having personal ID, the health facility has the responsibility to preserve the body, take pictures and notify the local public security or commune People’s Committee.
If there is no one claiming the body, the establishment contacts the commune People’s Committee or the local labor, invalid and social affairs authority so that those authorities can carry out interment.
3. Determination of a patient’s death and the preservation time of the body are carried out in accordance with the regulations of law.
Article 66. Compulsory treatment
1. Cases subject to compulsory treatment under this Law are:
a) Contraction of a category-A infectious disease, as specified in the regulations of law on prevention of infectious diseases;
b) Mental diseases causing loss of self-control, depression with suicidal intent or actions or causing danger to other people as specified in the regulations of law.
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Article 67. On-standby medical examination and treatment
1. The health facility with patient beds and emergency aid facilities must always have staff on standby outside working hours and on holidays.
Establishments with patient beds are encouraged to provide medical examination and treatment 24 hours a day.
2. The health facility’s standby duties include leaders on standby, clinical standby, paraclinical standby, logistic-standby and guards on standby.
3. The health facility’s head has the responsibility to:
a) Allocate on-standby duties, detail the responsibilities of each standby level, staff member and type;
b) Ensure that the emergency aid transportation are sufficient and appropriate for the form medical examination and treatment, as well as sufficient medical equipment and tools for timely emergency aid;
c) Ensure that each standby shift is reported.
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2. Combination of modern medicine and traditional medicine in traditional medical hospitals includes:
a) Using some methods and equipment of modern medicine for diagnosis, assessment of treatment results and successive research results;
b) Using some equipment and drugs of modern medicine for emergency aid and some essential drugs for treatment.
3. Combination of modern medicine and traditional medicine in other hospitals includes:
a) Employing traditional methods in medical examination and treatment;
b) Using some methods and equipment of modern medicine for diagnosis, application and assessment of herbal remedies/medicaments and traditional treatment methods.
4. The Minister of Health details Clauses 2 and 3 of this Article and combination of modern medicine and traditional medicine in medical examination and treatment in other establishments.
APPLICATION OF NEW TECHNIQUES AND METHODS IN MEDICAL EXAMINATION AND TREATMENT
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New techniques and methods in medical examination and treatment include:
1. Techniques and methods researched in Vietnam or overseas, approved by competent Vietnamese authorities and applied for the first time in Vietnam;
2. Techniques and methods approved for application by competent authorities of a foreign country but applied for the for the first time in Vietnam;
3. Techniques and methods approved by Vietnamese competent authorities and already applied in Vietnam, but applied for the first time in a health facility.
1. There are sufficient human resources, facilities and equipment for application of new techniques and methods.
2. Approved for application by the Minister of Health or Director of Health Department.
Article 71. Competence to approve new techniques and methods for application
1. The Minister of Health shall organize assessment of new techniques and methods stated in Clauses 1 and 2, Article 69 of this Law and allow health facilities to apply those techniques and methods for the first time.
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1. Application documents for application of new techniques and methods are:
a) Application of new techniques and methods request form;
b) Documents proving legality, clinical proof, effectiveness in medical examination and treatment of new techniques and methods in the case stated in Clause 2, Article 69 of this Law;
c) The plan to apply new techniques and methods, with the following contents: description of the capacity of the health facility in terms of facilities, human resources and equipment, economic value, the technical process to be employed and plans to implement;
d) Copies of diplomas, professional certificates, practice certificates of practitioners related to the new techniques and methods;
dd) Technique and method transfer contracts, issued by authorities, organizations or individuals, both domestic and foreign.
2. The procedure for application of new techniques and methods has the following steps:
a) The health facility submits the application documents for application of new techniques and methods to the Ministry of Health or Health Department in accordance with Clause 1 of this Article;
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c) The establishment shall give trial runs for new techniques and methods approved by the Minister of Health or Director of Health Department. The trial run’s scale for each new technique and method shall be in accordance with the written permit issued by the Minister of Health or Director of Health Department.
d) After the trial run’s end, the establishment shall submit reports on results and completed technical processes to the Ministry of Health or Health Department for assessment;
dd) Within 20 days from the date the aforementioned report is received, the Minister of Health or Director of Health Department shall establish a professional council for assessment of trial results and the technical processes proposed by the establishment in order to give advice to the Minister of Health/Director of Health Department for considering permission;
e) Within 5 working days from the date the professional council’s advices are received, the Minister of Health or Director of Health Department shall decide to permit or refuse permission for the establishment to apply new techniques and methods and approve the technical processes. Technical processes having identical equipment and steps of implementation shall be applied nationwide; if different, separate approvals are required for each new technique’s and method’s technical process; if not permitted, the reason must be stated in writing.
3. The Minister of Health details the requirements and procedures for permitting application of new techniques and methods in medical examination and treatment.
Section 1. PROFESSIONAL AND TECHNICAL ERRORS IN MEDICAL EXAMINATION AND TREATMENT
Article 73. Determine whether a practitioner has made a professional/technical error
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a) Violation against the responsibility to care for and treat the patient;
b) Violation against professional and technical regulations or work ethics;
c) Violation against the patient’s rights.
2. The practitioner is considered not to make a professional/technical error if determined to be one of the following cases by the professional committee stated in Articles 74 and 75 of this Law:
a) Medical accidents happened to the patient despite full compliance with professional and technical regulations during medical examination and treatment;
b) Emergency aid was carried out with insufficient technical means and equipment, insufficient practitioners as specified by the regulations but those problems could not be rectified or there is no professional regulation available on the disease, causing medical accidents to happen to the patients; any other cases of force majeure causing medical accidents to happen to the patients.
Article 74. Formation of a professional council
1. When there is a request for settling disputes related to medical accidents in medical examination and treatment, a professional council shall be formed to determine whether a professional/technical error was committed.
2. The professional council’s formation shall be done as follows:
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Within 10 working days from the date the health facility’s request, the supervisory health authority must form a professional council.
b) If the parties involved do not agree with the decision of the professional council mentioned in Point a of this Clause, those parties can request the Ministry of Health to form another professional council.
Within 20 days from the date the request is received, the Ministry of Health must form a professional council.
3. Within 30 days from the date of formation, the professional council must hold meeting and invite the parties involved to participate some of the meetings and the concluding meeting.
4. If the case related to medical accident is handled in accordance with legal proceedings, the presiding authority can request the competent health authority to form a professional council to determine whether a professional/technical error was committed.
Article 75. Participants, operating principles and tasks of the professional council
1. The professional council’s participants are:
a) Experts in the relevant discipline;
b) Experts in other disciplines related to the medical accident;
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2. The professional council operates on the principle of collective discussion, decision making by votes of majority and taking responsibility before law for its conclusions.
3. The professional council, pursuant to Article 73 of this Law, determines whether professional and technical errors were committed.
4. The professional council’s conclusion shall serve as the basis for settling disputes or for the presiding authorities to consider and handle the case; as the basis for the health authority and head of the health facility to decide handling measures within their competence on the practitioner.
5. The decision of the professional council formed by the Ministry of Health, mentioned in Point b, Clause 2, Article 74 of this Law shall be the final decision on whether professional and technical errors were committed.
1. If a professional/technical error causes medical accidents to happen to the patient, or in the case specified in Point b, Clause 2, Article 73 of this Law, the insurer which the health facility purchase insurance from has the responsibility to compensate the damages done to the patient in accordance with the insurance contract signed with that establishment.
If the establishment has not bought insurance as stated in Clause 1, Article 78 of this Law, it must pay the damages on its own in accordance with the regulations of law.
2. In addition to the compensation specified in Clause 1 of the Article, the health facility where the medical accident-causing professional/technical error takes place must take other legal responsibilities in accordance with the regulations of law.
3. In case of medical accidents in medical examination and treatment mentioned in Point a, Clause 2, Article 73 of this law, the health facility and practitioner are not required to pay the damages.
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Determination of damages for the case stated in Clause 1, Article 76 of this shall be carried out in accordance with the regulations of law.
Article 78. Insurance for liability in medical examination and treatment
1. The health facility and practitioner shall purchase insurance for liability in medical examination and treatment, in compliance with the Government’s regulations, at insurers founded and operating in Vietnam.
2. The Government details the insurance for liability in medical examination and treatment, as well as the roadmap to ensure that all establishments and practitioners have such insurance.
Section 2. COMPLAINTS, DENUNCIATIONS AND DISPUTE SETTLEMENT IN MEDICAL EXAMINATION AND TREATMENT
Article 79. Complaints and denunciations in medical examination and treatment
Complaints and denunciations regarding administrative decisions and actions in medical examination and treatment; denunciations of violations against the law in medical examination and treatment and their handling are carried out in accordance with the regulations of law on complaints and denunciations.
Article 80. Disputes in medical examination and treatment
1. Disputes in medical examination and treatment are disputes related to rights, obligations and responsibilities in medical examination and treatment between the following parties:
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b) Practitioners;
c) Health facilities
2. Disputes in medical examination and treatment are settled as follows:
a) The parties involved have the responsibility to settle the dispute among themselves;
b) If such settlement cannot be reached, the parties involved can take the dispute to court in accordance with the regulations of law.
3. The time limit for settlement of a dispute in medical examination and treatment is five years, from the time the dispute occurs.
CONDITIONS TO ASSURE MEDICAL EXAMINATION AND TREATMENT
Section 81. Organizational system of health facilities
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2. The state-owned health facility system has 4 levels:
a) Central level;
b) Provincial level;
c) District level;
d) Commune level.
3. The health facilities at upper levels have the responsibility to provide professional and technical guidance and support to the ones at lower levels.
4. The Minister of Health details the professional and technical designations for health facilities at each level specified in Clauses 2 and 3 of this Article.
Section 82. Planning on the health facility system
1. Planning on the health facility system must meet the following requirements:
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b) Ensure balance, uniformity, sensible scale and appropriate arrangement, enabling the people to access medical services;
c) Appropriate for the country’s social and economic development plans.
2. Planning on the health facility system is based on:
a) Demand for medical examination and treatment, structure of diseases;
b) Administrative boundaries, residential areas and population size;
c) Social and economic development plans.
3. Planning on the health facility system covers:
a) Objectives, tasks, key programs and projects;
b) Organizational system of health facilities;
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4. The competence to approve planning on the health facility system is allocated as follows:
a) The Prime Minister approves planning on the nationwide health facility system, at the request of the Minister of Health and Minister of Home Defense;
b) The Minister of Health approves planning on specialized health facility systems;
c) The Chairpersons of provincial People's Committees approve planning on local health facility systems at the request of the Minister of Health.
5. The planning on nationwide and specialized health facility systems are incorporated in the planning on the national health establishment network; the local health facility systems are incorporated in provincial planning as specified in the regulations of law on planning2.
Article 83. Training and refresher training for practitioners
1. The State shall have master plans and plans to provide professional, technical and ethic training, retraining and refresher training for practitioners, combining traditional medicine with modern medicine.
2. The State shall exempt training fees for trainees in pathological surgery, forensic examination and mental forensic examination.
Section 84. Benefits for practitioners
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2. During practice, practitioners who die or suffer injuries saving lives can be applied to be recognized as fallen heroes or war invalids, entitled to benefits for war invalids specified in the law on preferential treatment for people who contributed to the revolution.
Article 85. Financial sources for medical examination and treatment
1. The State budget allocated for medical examination and treatment.
2. Revenue from payment for medical services.
3. Other sources of funding specified in the regulations of law.
Article 86. State budget allocated for health activities
1. Prioritize allocation of state budget for meeting the people's demand for basic medical services; gradually change the form of investment from direct state funding to state-owned health facilities to supporting the people through medical insurance.
2. Allocation of state budget to medical examination and treatment must be open and transparent; based on population size, structure of diseases and socio-economic development conditions of each region; reflect the State’s policies to prioritize medical examination and treatment in ethnic minority areas, and areas having (extreme) social and economic difficulties, for venereal diseases and dangerous epidemics.
Article 87. Participation of the private sector in medical examination and treatment
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2. The State shall carry out diversification of medical services; encourage, mobilize and facilitate participation of organizations and individuals in building health facilities; encourage private non-profit health facilities.
3. Every organization, family and citizen has the responsibility to take care of one’s own health and detect diseases early for every member of the organization, family and oneself; participate in emergency aid, help with handling accidents and injuries in the community and participate in medical examination and treatment when mobilized by the competent authorities.
4. The State shall appropriately commend organizations and individuals investing in building health facilities for non-profit purposes, contributing, sponsoring and donating to the development of medical examination and treatment.
Article 88. Medical service charges
1. The medical service charges are the payment required for each medical service.
2. The Government details the mechanisms for collecting, management and use of revenues from medical services in state-owned health facilities.
3. The Minister of Finance cooperates with the Minister of Health in detailing the pricing scheme for medical services; medical service charges for patients who are foreigners or Vietnamese expatriates in state-owned health facilities.
4. Based on the pricing scheme for medical services mentioned in Clause 3 of this Article, the Minister of Health details the medical service charges in health facilities under the Ministry of Health’s and other ministries’ management; the provincial People’s Councils detail the medical service charges in state-owned health facilities within their jurisdictions, at the request of the People’s Committees at the same level.
5. Private health facilities can decide medical service charges themselves and must make those charges publicly available.
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1. The support fund for medical examination and treatment is a social and charity fund, formed to provide financial support to those who are disadvantaged or unable to pay the medical service charges, and carry out other activities to support medical examination and treatment.
2. The fund’s financial sources are voluntary donations and sponsorships from organizations and individuals, both domestic and foreign; establishment, organization, operation and management of the fund are carried out in accordance with the regulations of law.
This Law is in effect from January 1, 2011.
Ordinance No. 07/2003/PL-UBTVQH11 on Private Medical and Pharmaceutical Practice ceases to be effective on the effective date of this Law.
Article 91. Specific provisions and guidelines for implementation
The Government gives specific provisions and guidelines for implementation of Articles and Clauses in this Law; provide guidance on other necessary contents of this Law to meet the state management requirements./.
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CONFIRMATION OF CONSOLIDATED LAW
CHAIRMAN
Nguyen Hanh Phuc
1 The Law on Planning, No. 21/2017/QH14 was promulgated as follows:
“Pursuant to the Constitution of the Socialist Republic of Vietnam;
the National Assembly promulgates the Law on Planning.”
2 This Clause is added in accordance with Clause 6, Article 57 of the Law on Planning, No. 21/2017/QH14, effective from January 1, 2019.
3 Articles 58 and 59 of the Law on Planning No. 21/2017/QH14, effective from January 1, 2019 are detailed as follows:
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1. This Law comes into force from January 01, 2019.
2. The regulations of this Law on formulation and appraisal of the national planning, regional planning and regional planning come into force from March 01, 2018.
The Government shall provide funding for formulation and appraisal of the planning specified in this Clause in accordance with regulations of the Law on Public Investment and Law on State Budget.
Article 59. Transition clause
1. The planning already decided or approved in accordance with regulations of Law before the effective date of this Law shall be implemented as follows:
a) The national, regional and provincial planning shall be implemented until the end of the planning period. If the contents of such planning are inconsistent with regulations of this Law, such contents shall be adjusted as prescribed by this Law;
b) The detailed planning specified in Appendix 2 of this Law shall continue to be implemented in accordance with relevant regulations of law. If the contents of such planning are inconsistent with the planning on the higher level that is already decided or approved as prescribed by this Law, such contents shall be adjusted to be consistent with the planning on the higher level;
c) The planning integrated into the national, regional and provincial planning shall be implemented until the national, regional and provincial planning are decided or approved as prescribed by this Law, except for the case prescribed in Point b of this Clause;
d) The planning for investment in and development of specific goods, services and products, determination of the volume of goods, services and produced and sold products that is decided or approved is null and void no later than December 31, 2018.
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3. The planning already decided or approved by the competent authority according to the planning announced before the effective date of this Law shall be implemented until the expiry of such planning in accordance with regulations of law.
4. The Government shall review and issue the list of planning set forth in Point c and Point d, Clause 1 of this Article and Point 39 of the Appendix 2 before December 31, 2018.
5. The Government shall review and request the National Assembly to amend the regulations on planning which are specified in codes and laws on the list provided in the Appendix 3 of this Law and other legislative documents to ensure conformity with the Law on Planning and which come into force no later than January 01, 2019.