Who has the competence in medical reassessment for the disabled? Which agency performs the initial medical assessment in Vietnam?
Who has the competence in medical reassessment for the disabled?
According to the provisions of Clause 2, Article 6 of Circular 01/2023/TT-BYT of Vietnam stipulating as follows:
Competence of the Central Medical Assessment Council in Vietnam
...
2. Medical reassessment for the disabled in the following cases:
a) Beyond the professional capacity of the Medical Assessment Council of the province, the Medical Assessment Council of the Ministry of Transport;
b) The subject or his/her legal representative disagrees with the conclusions of the Provincial-level Medical assessment council, the medical assessment council of the Ministry of Transport;
c) Subjects under the management of the Ministry of Public Security at the request of the subject management agency or the standing agency of the Medical Assessment Council of the Ministry of Public Security.
Thus, in the following cases, the Central Medical Assessment Council will conduct a medical assessment to make a decision:
- Exceeding the professional capacity of the Provincial-level Medical Assessment Council, the Medical Assessment Council of the Ministry of Transport;
- The subject or his/her legal representative disagrees with the conclusions of the Provincial-level Medical assessment council, the medical assessment council of the Ministry of Transport;
- Subjects under the management of the Ministry of Public Security at the request of the object management agency or the standing agency of the Medical Assessment Council of the Ministry of Public Security.
In addition, when the subject or his/her legal representative disagrees with the medical assessment conclusion of the central-level medical assessment council or the medical assessment conclusion of the decision of the Ministry of National Defense or the Ministry of Public Security, the Medical Assessment Council in charge of final medical reassessment for the disabled shall conduct the final medical reassessment for the disabled.
Who has the competence in medical reassessment for the disabled? Which agency performs the initial medical assessment in Vietnam?
Which agency performs the initial medical assessment in Vietnam?
Pursuant to Article 4 of Circular 01/2023/TT-BYT of Vietnam, Article 5 of Circular 01/2023/TT-BYT of Vietnam and Article 6 of Circular 01/2023/TT-BYT of Vietnam stipulating as follows:
Competence of the Provincial-level Medical Assessment Council in Vietnam
1. Initial medical assessment, re-medical assessment for subjects who are working or residing or living in the province or city in the locality.
2. Initial or reassessment of subjects under the management of the Ministry of Public Security and the Ministry of Transport when the agency managing the subjects or the standing body of the Medical Assessment Council of the Ministry of Public Security or the Ministry of Transport transportation with a written request for medical assessment.
Competence of medical assessment councils of ministries
Medical assessment councils of ministries shall conduct medical assessment according to the provisions of Clause 2, Article 162 of Decree No. 131/2021/ND-CP.
Competence of the Central Medical Assessment Council
1. Initial medical assessment and re-medical assessment for subjects who are working or residing or living in central-affiliated cities and provinces according to the assignment decision of the Minister of Health when available at the request of the agency managing the object or subject, except for those with meritorious services to the revolution, relatives of people with meritorious services to the revolution, and people with disabilities.
Referring to Clause 2, Article 162 of Decree 131/2021/ND-CP of Vietnam as follows:
Competence for Medical Assessment
...
2. Medical assessment councils of ministries shall carry out initial medical assessment, reassessment for the disabled, and reassessment for injured or sick persons under the management of the army, police or active service members. Working in the army and public security shall be prescribed by the Ministers of the Ministries.
Thus, the initial medical assessment is carried out by the following councils:
- Provincial-level Medical Assessment Council
- Medical assessment councils of ministries
- Central Medical Assessment Council (when requested)
What are the standards for medical examiners and members of the Medical Assessment Council in Vietnam?
According to the provisions of Article 14 of Circular 01/2023/TT-BYT of Vietnam on the standards of assessors, members of the Medical Assessment Council are as follows:
For examiners:
- Having professional qualifications as a doctor working at state-owned Medical Assessment and treatment establishments, possessing a practice certificate with a practice scope suitable to the assigned specialty field;
- Having a certificate of training or continuing training or training in medical assessment granted by a competent agency or unit.
Criteria for assessors who are permanent members and professional members of the provincial-level medical assessment councils:
- Having a professional qualification as a level 1 specialist doctor or a medical master's degree or higher;
- Having worked in the specialized field for at least 03 (three) years, including the time studying in that specialty;
- Having a certificate of training or continuing training or training in medical assessment granted by a competent agency or unit.
Criteria for examiners who are permanent members and professional members of the central faculty evaluation council and the medical assessment council in charge of final medical reassessment for the disabled:
- Having a professional qualification as a level 2 specialist doctor or a doctor of medicine;
- Having worked in the specialized field for at least 05 (five) years, including the time studying in that specialty;
- Having a certificate of training or continuing training or training in medical assessment granted by a competent agency or unit.
Criteria for assessors who are members of medical assessment councils of ministries:
- Assessors who are permanent members and professional members of the Medical Assessment Councils of the Ministries have the competence to conduct first or reassessment:
+ Satisfy the criteria for assessors who are permanent members and professional members of the Provincial Council of Faculty Assessment
- Assessors who are permanent members and professional members of the Medical Assessment Councils of the Ministries have the competence in medical reassessment for the disabled:
+ Satisfying the criteria for assessors who are permanent members and professional members of the central medical assessment council and the medical assessment council in charge of final medical reassessment for the disabled.
Circular 01/2023/TT-BYT of Vietnam takes effect from April 15, 2023
LawNet
