Vietnam: Is it mandatory to have a language interpreter when usage of different languages in the practice of medicine in all cases?
- What are the regulations on use of languages in the practice of medicine in Vietnam?
- Is it mandatory to have a language interpreter when usage of different languages in the practice of medicine in all cases?
- What are the cases where medical practitioners are subject to prohibition of the practice of medicine in Vietnam?
What are the regulations on use of languages in the practice of medicine in Vietnam?
Pursuant to Article 21 of the 2023 Law on Medical Examination and Treatment in Vietnam stipulating as follows:
Use of languages in the practice of medicine
1. The language used in the delivery of healthcare is Vietnamese, except as defined in clause 2 of this Article.
2. Any medical practitioner who is a foreigner or overseas Vietnamese (hereinafter referred to as foreign practitioner) may use other languages rather than Vietnamese to provide medical care to patients if:
a) these patients and their practitioners use the same language; these patients are proficient in the languages that medical practitioners have registered for use in their practice of medicine;
b) these patients are foreigners and are not covered in point a of this clause;
c) the humanitarian outreach healthcare campaign organized at intervals; the transfer of professional and technical expertise in healthcare takes place under the cooperation agreement between a medical establishment of Vietnam and a foreign medical establishment.
3. The usage of language prescribed in clause 2 of this Article shall conform to the following regulations:
a) When providing medical care as defined in point b and c of clause 2 of this Article, a language interpreter shall be required;
b) Information required for the delivery of healthcare shall be given in the language that the foreign medical practitioner has registered for usage, and be translated into Vietnamese.
4. The Government shall elaborate on this Article; shall impose regulations on qualification criteria of the language interpreter referred to in point a of clause 3 of this Article; on the usage of language in the distribution of healthcare services to ethnic minorities who are incapable of using Vietnamese; people with language disorder or impairment; foreign patients.
Thus, the language used in the delivery of healthcare is Vietnamese, except any medical practitioner who is a foreigner or overseas Vietnamese (hereinafter referred to as foreign practitioner) may use other languages rather than Vietnamese to provide medical care to patients if:
- these patients and their practitioners use the same language; these patients are proficient in the languages that medical practitioners have registered for use in their practice of medicine;
- these patients are foreigners and are not covered in point a of this clause;
- the humanitarian outreach healthcare campaign organized at intervals; the transfer of professional and technical expertise in healthcare takes place under the cooperation agreement between a medical establishment of Vietnam and a foreign medical establishment.
Vietnam: Is it mandatory to have a language interpreter when usage of different languages in the practice of medicine in all cases?
Is it mandatory to have a language interpreter when usage of different languages in the practice of medicine in all cases?
Pursuant to Clause 3, Article 21 of the 2023 Law on Medical Examination and Treatment in Vietnam stipulating as follows:
Use of languages in the practice of medicine
…
3. The usage of language prescribed in clause 2 of this Article shall conform to the following regulations:
a) When providing medical care as defined in point b and c of clause 2 of this Article, a language interpreter shall be required;
b) Information required for the delivery of healthcare shall be given in the language that the foreign medical practitioner has registered for usage, and be translated into Vietnamese.
Thus, only the following cases require a language interpreter:
- The patient is a foreigner and does not belong to the case where the patient and their practitioners use the same language; the patient is proficient in the languages that the medical practitioner have registered for use in their practice of medicine;
- The humanitarian outreach healthcare campaign organized at intervals; the transfer of professional and technical expertise in healthcare takes place under the cooperation agreement between a medical establishment of Vietnam and a foreign medical establishment.
What are the cases where medical practitioners are subject to prohibition of the practice of medicine in Vietnam?
Pursuant to Article 20 of the 2023 Law on Medical Examination and Treatment in Vietnam, the cases where medical practitioners are subject to prohibition of the practice of medicine in Vietnam are as follows:
Medical practitioners subject to prohibition of the practice of medicine
1. Any medical practitioner who is criminally prosecuted for any offence involving their application of professional and technical expertise in healthcare.
2. Any medical practitioner who is serving a suspended sentence or non-custodial correctional sentence for any offence involving their application of professional and technical expertise in healthcare.
3. Any person or individual previously serving imprisoned for an offence involving their application of professional and technical expertise in healthcare, but released on conditional parole, who is being put on probation.
4. Any medical practitioner who serves a prison sentence or is incurring an administrative penalty by being forced into a compulsory reform school or detoxification center.
5. Any medical practitioner who is banned from practicing medicine under a criminal judgment of the court of legal effect, or is subject to a restriction on the practice of medicine pursuant to the decision of a competent authority.
6. Any medical practitioner that loses his/her capacity to perform civil acts or has impaired cognition or difficulties in behavior control, or restricted capacity to perform his/her civil acts.
Thus, the person in the following cases will be subject to prohibition of the practice of medicine in Vietnam:
- Any medical practitioner who is criminally prosecuted for any offence involving their application of professional and technical expertise in healthcare.
- Any medical practitioner who is serving a suspended sentence or non-custodial correctional sentence for any offence involving their application of professional and technical expertise in healthcare.
- Any person or individual previously serving imprisoned for an offence involving their application of professional and technical expertise in healthcare, but released on conditional parole, who is being put on probation.
- Any medical practitioner who serves a prison sentence or is incurring an administrative penalty by being forced into a compulsory reform school or detoxification center.
- Any medical practitioner who is banned from practicing medicine under a criminal judgment of the court of legal effect, or is subject to a restriction on the practice of medicine pursuant to the decision of a competent authority.
- Any medical practitioner that loses his/her capacity to perform civil acts or has impaired cognition or difficulties in behavior control, or restricted capacity to perform his/her civil acts.
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