Vietnam: What is Decree 96/2023/ND-CP elaborating the Law on Medical Examination and Treatment 2023 about?
What is Decree 96/2023/ND-CP elaborating the Law on Medical Examination and Treatment 2023 in Vietnam about?
>> See also: What are the newest regulations on issuance of licenses to practice medicine in 2024?
On December 30, 2023, the Government of Vietnam has just promulgated Decree 96/2023/ND-CP elaborating the Law on Medical Examination and Treatment 2023.
Under Article 1 of Decree 96/2023/ND-CP, the scope of regulation of Decree 96/2023/ND-CP elaborating the Law on Medical Examination and Treatment 2023 is specified as follows:
Decree 96/2023/ND-CP provides detailed regulations on some Articles of the Law on Medical Examination and Treatment in respect of:
- Issuance of license to practice medicine (hereinafter referred to as “practicing license”);
- Issuance of license to provide medical services (hereinafter referred to as “operating license”);
- Application of new techniques and methods, and clinical trials in healthcare;
- Management of medical devices at health facilities;
- Mobilization or dispatch of health facilities to deliver medical services in case of occurrence of natural disasters, catastrophes, group-A infectious diseases or state of emergency;
- Preconditions for healthcare operations;
- Guidance on implementation roadmap; transition provisions on practicing license and operating license.
Decree 96/2023/ND-CP does not apply to the following operations of medical practitioners and health facilities under People's armed forces, including:
+ Practising as medical interns, medical internship guide, issuance, re-issuance, renewal, modification, suspension or revocation of practising license of medical practitioners;
+ Cases, conditions, application requirements and procedures of issuance, re-issuance, modification, suspension or revocation of operating license of health facilities, and templates of operating license;
+ Healthcare quality assessment and certification;
+ Classification of professional and technical expertise in healthcare.
- Health facilities that are public service units shall exercise autonomy in accordance with regulations of law on autonomy.
On what date does Decree 96/2023/ND-CP come into force?
Under the provisions of Article 147 of Decree 96/2023/ND-CP as follows:
Effect
1. This Decree come into force from January 1, 2024.
2. Regulations on updating and posting information on the healthcare management information system in this Decree will come into force from January 01, 2027.
3. The Government's Decree No. 109/2016/ND-CP dated July 01, 2016 on issuance of practice certificates to medical practitioners and operation licenses to health facilities and Article 11 of the Government's amended Decree No. 155/2018/ND-CP dated November 12, 2018 on amendments to some Articles of the Government’s Decree No. 109/2016/ND-CP dated July 01, 2016 on amendments related to business conditions under state management of the Ministry of Health shall expire from the effective date of this Decree.
4. Health facilities may continue to comply with the regulations on the payment of medical costs promulgated or approved by competent authorities until new regulations come into force but no later than December 31, 2024.
Health facilities licensed to operate in the period specified in Clause 4 of this Article shall be entitled to apply regulations on classification to pay medical costs covered by health insurance in accordance with the law on health insurance.
5. The administrative procedures specified in this Decree shall be carried out in person or via postal services or online in accordance with the law on carrying administrative procedures online when satisfying all conditions.
.....
Thus, Decree 96/2023/ND-CP comes into force from January 01, 2024.
Regulations on updating and posting information on the healthcare management information system in Decree 96/2023/ND-CP will come into force from January 01, 2027.
In 2024, what are the prohibited acts in healthcare services in Vietnam?
Under the provisions of Article 7 of the Law on Medical Examination and Treatment 2023 as follows:
Prohibited acts in healthcare services
1. Infringe patients’ rights.
2. Refuse or intentionally delay to refer patients to emergency care services, except as defined in Article 40 herein.
3. Carry out healthcare services that do not satisfy the conditions set out in Article 19 herein.
4. Deliver healthcare services that do not fall within the scope of practice or operation permitted by competent authorities, except in case of emergency care needed, or as these healthcare services are delivered under the mobilization or dispatch decisions of competent authorities in case of natural disaster, catastrophe, group-A infectious disease or state of emergency.
5. Practice medicine at the time or place which is not stated in the registration for practice of medicine, except as specified in clause 3 of Article 36 herein.
6. Fail to comply with regulations on professional and technical expertise in healthcare; use any professional method and technique, or medical equipment that has not been approved by competent authorities.
7. Prescribe medications that have not obtained marketing authorization as provided in law on pharmacy in healthcare.
8. Commit the act of harassment in the delivery of medical services.
9. Prescribe patients drugs, technical and medical equipment services; suggest referral to other health facilities to patients, or commit other acts for personal gain.
10. Erase and tamper with medical records in order to falsify information on medical examination and treatment, or create fraudulent medical records or other documents showing medical examination and treatment results.
11. Any practitioner sells drugs in any form, except in the following cases:
a) Traditional medicine doctors, traditional medicine physician assistants or traditional medicine herbalists who sell traditional medications;
b) Holders of folk remedies who sell drugs prescribed according to folk remedies under their registered ownership.
12. Drink alcohols, beers and other alcoholic beverages; use narcotics; smoke tobaccos or cigarettes at health facilities or while on duty.
13. Use any form of superstition in the distribution of medical services.
14. Refuse to participate in rendering medical services in case of a natural disaster, calamity, group-A infectious disease or a state of emergency according to the mobilization or dispatch decision of the competent body or person, except as defined under the regulatory provisions of point a and b of clause 3 of Article 47 herein.
15. Any health facility provides healthcare services if it
a) does not hold any operating license;
b) is under suspension of its operations;
c) delivers healthcare services that do not fall within the scope of permitted professional activities, except in case of emergency, or as these healthcare services are delivered under a mobilization or dispatch decision of the competent authority in response to a natural disaster, catastrophe, group-A infectious disease or state of emergency.
16. rents, borrows; leases or lends out practicing or operating licenses.
17. Misuse a practitioner's image and status to speak about, propagate and encourage patients to use unrecognized medical tests or therapies.
18. Infringe upon the life and health, or offend the honor and dignity, of practitioners and other people working at health facilities, or damage or sabotage health facilities’ property.
19. Prevent patients who are subject to the involuntary treatment requirement from entering health facilities, or intentionally render involuntary treatment on people who are not subject to the involuntary treatment requirement.
20. Advertise beyond the scope of practice or professional activities approved by a competent authority; abuse medical knowledge to falsely advertise medical services.
21. Publish information not yet validated by competent authorities that medical incidents are ascribed to medical practitioners or health facilities.
Thus, the prohibited acts in healthcare services in Vietnam are specified above.
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