Vietnam: What are the regulations on the rights of patients who have lost their civil act capacity? What rights are patients entitled to under the Law on Medical Examination and Treatment 2023 of Vietnam?
What are the regulations on the rights of patients who have lost their civil act capacity in Vietnam?
Pursuant to Article 15 of the Law on Medical Examination and Treatment 2023 of Vietnam, this content is as follows:
The exercise of the rights of patients who have lost civil act capacity, have difficulties in cognition, behavior mastery, limited civil act capacity, patients who are minors and patients who do not have relatives
1. In case the patient is an adult and falls into a state of civil act incapacity, has difficulties in perception, behavior mastery, limits civil act capacity, but has previously issued a written expression of his/her legal wishes for medical examination and treatment, he/she shall comply with the wishes of the patient.
2. In case the patient is an adult and falls into a state of civil act incapacity, has difficulties in cognition, behavior mastery, limits civil act capacity, but previously did not have a written expression of his/her legitimate wishes for medical examination and treatment, the following shall be done:
a) If there is a representative specified at Points a, b, c and d, Clause 2, Article 8 of this Law, it shall comply with the decision of the representative;
b) If there is no representative specified at Points a, b, c and d, Clause 2, Article 8 of this Law, it shall comply with the decision of the person in charge of expertise or the person directly leading the medical examination and treatment establishment.
3. In case the patient is a minor, the following shall be done:
a) If there is a representative specified at Points c and d, Clause 2, Article 8 of this Law, it shall comply with the decision of the representative;
b) If there is no representative specified at Points c and d, Clause 2, Article 8 of this Law, it shall comply with the decision of the person in charge of expertise or the person directly leading the medical examination and treatment establishment.
Accordingly, if the patient is an adult and has lost civil act capacity but has previously issued a written expression of his/her legal wishes for medical examination and treatment, he/she shall comply with the wishes of the patient.
If the patient is an adult and has lost civil act capacity but has not previously had a written expression of legal wishes for medical examination and treatment, the following shall be handled:
- Patients who have a representative shall comply with the decision of the representative
- Patients who do not have a representative shall comply with the decision of the person in charge of expertise or the person directly leading the medical examination and treatment establishment.
What rights are patients entitled to under the Law on Medical Examination and Treatment 2023 of Vietnam?
According to the provisions of Section 1, Chapter II of the Law on Medical Examination and Treatment 2023 of Vietnam, patients are entitled to the following rights:
- Right to medical examination and treatment as prescribed in Article 9 of the Law on Medical Examination and Treatment 2023 of Vietnam
- The right to honor honor, protect health and respect privacy in medical examination and treatment as prescribed in Article 10 of the Law on Medical Examination and Treatment 2023 of Vietnam
- The right to choose in medical examination and treatment as prescribed in Article 11 of the Law on Medical Examination and Treatment 2023 of Vietnam
- The right to provide information on medical records and medical examination and treatment expenses as prescribed in Article 12 of the Law on Medical Examination and Treatment 2023 of Vietnam
- The right to refuse medical examination and treatment and leave medical examination and treatment establishments as prescribed in Article 13 of the Law on Medical Examination and Treatment 2023 of Vietnam.
- Right to petition and compensate as prescribed in Article 14 of the Law on Medical Examination and Treatment 2023 of Vietnam.
Vietnam: What are the regulations on the rights of patients who have lost their civil act capacity? What rights are patients entitled to under the Law on Medical Examination and Treatment 2023 of Vietnam?
What obligations must the patient perform according to Vietnamese regulations?
According to the provisions of Section 2, Chapter 2 of the Law on Medical Examination and Treatment 2023 of Vietnam, patients must fulfill the following obligations:
- Obligation to respect practitioners and others working at medical examination and treatment establishments
Respect for practitioners; must not threaten or infringe upon life and health, offend the honor and dignity of practitioners and others working at medical examination and treatment establishments.
- Obligation to comply with regulations in medical examination and treatment
+ Honestly provide and take responsibility for information related to their identity and health status, fully cooperate with practitioners and others working at medical examination and treatment establishments.
+ Comply with indications on diagnosis and treatment methods of practitioners.
- To observe and request their relatives and visitors to comply with the rules of medical examination and treatment establishments and the law on medical examination and treatment.
- Obligation to pay medical examination and treatment expenses
+ Patients participating in health insurance are obliged to pay medical examination and treatment costs outside the scope of entitlement and entitlement in accordance with the law on health insurance.
+ Patients who do not participate in health insurance are obliged to pay medical examination and treatment costs in accordance with the provisions of law.
The Law on Medical Examination and Treatment 2023 of Vietnam will take effect from January 1, 2024.
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