How much is the fine imposed for failing to provide prioritized medical examination and treatment for persons aged 90 or older in Vietnam?
- How much is the fine imposed for failing to provide prioritized medical examination and treatment for persons aged 90 or older in Vietnam?
- What are the responsibilities of hospitals when providing medical examination and treatment for the elderly in Vietnam?
- Vietnam: Shall the Chairpersons of communal-level People’s Committees have the power to impose a fine for failing to provide prioritized medical examination and treatment for persons aged 90 or older?
How much is the fine imposed for failing to provide prioritized medical examination and treatment for persons aged 90 or older in Vietnam?
Pursuant to Clause 2, Article 3 of the Law on Medical Examination and Treatment 2023:
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.
Pursuant to Point c, Clause 2, Article 48 of Decree 117/2020/ND-CP:
Violations against principles of medical examination and treatment practicing
1. A warning or a fine ranging from VND 200.000 to VND 500.000 shall be imposed for commission of one of the following violations:
a) Failing to respect or cooperate with practitioners during the medical examination and treatment;
b) Failing to respect patient’s rights as prescribed by law;
c) Failing to comply with the practitioner’s indications for diagnosis and treatment, except prescribed cases of refusal to receive treatment.
2. A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed for commission of one of the following violations:
a) Failing to provide truthful information on personal health condition or failing to cooperate with practitioners and health facility;
b) Failing to comply with the health facility’s internal regulations;
c) Failing to provide prioritized medical examination and treatment for emergency patients, children aged under 06, persons with severe disabilities, persons aged 80 or older, persons with meritorious services to the revolution and pregnant women.
Pursuant to Clause 5, Article 4 of Decree 117/2020/ND-CP:
Fines
...
5. The fines prescribed in Chapter II hereof are imposed on violating individuals. The fine imposed on an organization is twice as much as that imposed on an individual for the same administrative violation.
According to principles of provision of medical services, the priority to have access to medical services shall be given 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
Therefore, a fine ranging from VND 500.000 to VND 1.000.000 shall be imposed for failing to provide prioritized medical examination and treatment for persons aged 90 or older.
Note: The fine imposed on an organization is twice as much as that imposed on an individual for the same administrative violation. Thus, a fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed upon an organization for failing to provide prioritized medical examination and treatment for persons aged 90 or older.
How much is the fine imposed for failing to provide prioritized medical examination and treatment for persons aged 90 or older in Vietnam? (Image from the Internet)
What are the responsibilities of hospitals when providing medical examination and treatment for the elderly in Vietnam?
Pursuant to Article 12 of the Law on the Elderly 2009:
Medical examination and treatment
1. Prioritized medical examination and treatment for the elderly shall be carried out as follows:
a/ Persons aged full 80 or older shall be given priority for medical examination before other persons, except emergency patients, under-6 children and heavily disabled people;
b/ Elderly inpatients are arranged proper hospital beds.
2. Hospitals, except pediatrics hospitals, have the following responsibilities:
a/ To organize gerontologic departments or set aside a number of beds for treatment of elderly patients:
b/ To rehabilitate elderly patients' health after pernicious disease treatments at hospital and guide their further treatment and care at home;
c/ To combine traditional medicine with modern medicine in treatment and guide methods of non-medicine treatment at grassroots health establishments for elderly patients:
3.The Stale encourages organizations and individuals to give free-of- charge medical examination and treatment to the elderly.
Therefore, the responsibilities of hospitals when providing medical examination and treatment for the elderly include:
- To organize gerontologic departments or set aside a number of beds for treatment of elderly patients:
- To rehabilitate elderly patients' health after pernicious disease treatments at hospital and guide their further treatment and care at home;
- To combine traditional medicine with modern medicine in treatment and guide methods of non-medicine treatment at grassroots health establishments for elderly patients:
Vietnam: Shall the Chairpersons of communal-level People’s Committees have the power to impose a fine for failing to provide prioritized medical examination and treatment for persons aged 90 or older?
Pursuant to Clause 1, Article 103 of Decree 117/2020/ND-CP amended and supplemented by Clause 7, Article 147 of Decree 96/2023/ND-CP and Point a, Clause 27, Article 2 of Decree 124/2021/ND- CP:
Power to impose penalties of Chairpersons of People’s Committees
1. Chairpersons of communal-level People’s Committees shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 3.000.000 for the administrative violations against regulations on population, or up to VND 5.000.000 for the administrative violations against regulations on preventive medicine, HIV/AIDS prevention and control, health insurance, medical examination and treatment, pharmacy, cosmetics and medical devices;
c) Confiscate the exhibits and instrumentalities worth up to VND 6.000.000 for the administrative violations against regulations on population, or up to VND 10.000.000 for the administrative violations against regulations on preventive medicine, HIV/AIDS prevention and control, health insurance, medical examination and treatment, pharmacy, cosmetics and medical devices;
d) Enforce the remedial measures mentioned in Points c and dd Clause 1 Article 28 of the Law on actions against administrative violations.
Chairpersons of communal-level People’s Committees shall have the power to impose a fine up to VND 3.000.000 for the administrative violations against regulations on population, or up to VND 5.000.000 for the administrative violations against regulations on preventive medicine, HIV/AIDS prevention and control, health insurance, medical examination and treatment, pharmacy, cosmetics and medical devices.
Therefore, Chairpersons of communal-level People’s Committees shall have the power to impose a fine for failing to provide prioritized medical examination and treatment for persons aged 90 or older.
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