Vietnam: Which body has the power to establish a Board of Medical Examiners? What is the purpose of a medical examiner's council set up?
What is the purpose of a medical examiner's council set up in Vietnam?
On February 1, 2023, the Ministry of Health issued Circular 01/2023/TT-BYT detailing the activities and working relationships of the Medical Examiner's Council at all levels.
Accordingly, the Medical Examiner's Council is established based on the principles specified in Article 1 of Circular 01/2023/TT-BYT, specifically as follows:
Principles of establishment of a Medical Examiner's Council
1. Medical assessment councils at all levels are medical professional councils established to determine health conditions and levels of bodily injury (if any) caused by injuries, diseases, diseases, deformities and deformities at the request of agencies, organizations and individuals.
2. Medical assessment councils at all levels shall have their own seals used in certifying medical assessment minutes. The term of operation of the Medical Examiner's Council is 05 (five) years from the date of signing the establishment decision, except for the last appellate medical assessment council.
3. Composition of the Medical Assessment Council:
a) Provincial-level medical assessment councils, ministries and central levels have 05 (five) members, operating under a part-time mechanism, including the titles: Chairman, Vice President, Permanent Commissioner, Professional Commissioner;
b) The final appellate medical assessment council has at least 05 (five) members, operating under a part-time mechanism, including the titles: Chairman, Vice President, Direct Reward Commissioner and Professional Commissioner.
4. Members of the medical assessment council and assessors who have participated in the medical assessment of the subject shall not participate in the final medical assessment council.
Thus, the Medical Assessment Council is established to determine the health condition, the degree of bodily injury (if any) due to injury, disease, disease, deformity and deformity at the request of agencies, organizations and individuals.
Vietnam: Which body has the power to establish a Board of Medical Examiners? What is the purpose of a medical examiner's council set up?
Which body has the power to establish a Board of Medical Examiners in Vietnam?
According to the provisions of Article 3 of Circular 01/2023/TT-BYT on the competence to establish medical assessment councils at all levels as follows:
Competence to establish medical examiner councils at all levels
1. Provincial-level medical assessment councils shall be established by specialized agencies affiliated to provincial People's Committees.
2. The central-level medical assessment council shall be established by the Ministry of Health.
3. The Ministry of National Defense, the Ministry of Public Security and the Ministry of Transport shall base themselves on the provisions of this Circular to decide on the establishment of medical assessment councils of ministries as prescribed at Point b, Clause 2, Article 161 of Decree No. 131/2021/ND-CP.
So:
- For provincial-level medical assessment councils, the establishment decision belongs to the specialized agency under the provincial People's Committee.
- For the Central Medical Examiner's Council, the decision shall be made by the Ministry of Health.
- For the Medical Examiner's Council to consider recognizing and settling preferential regimes for meritorious persons and relatives of meritorious persons, the decision on establishment belongs to the Ministry of National Defense, the Ministry of Public Security and the Ministry of Transport.
How is the composition of the Medical Examiner's Council regulated in Vietnam?
Pursuant to Article 2 of Circular 01/2023/TT-BYT on the composition of the Medical Examiner's Council as follows:
- Provincial Board of Medical Examiners:
+ The Chairman is the leader of a specialized agency under the People's Committee of a province or centrally-run city assigned to perform the function of state management of medical assessment (hereinafter abbreviated as a specialized agency under the Provincial People's Committee):
+ Two Vice Presidents: One permanent Vice President is the leader of the awarding agency of the Provincial Medical Examiner's Council; a Professional Vice President who is the Leader of the Provincial General Hospital;
+ The commissioners must be assessors, of which the permanent commissioner is an official of the standing body of the provincial medical examiner's council.
- Central Board of Medical Examiners:
+ The Chairman is the leader of the hospital under the Ministry of Health assigned by the Minister of Health;
+ A Vice President is the leader of a permanent agency specified in Clause 3, Article 161 of Decree 131/2021/ND-CP.
+ The commissioners must be assessors, of which the permanent commissioner is an official of the standing body of the Central Medical Evaluation Council.
- Final Medical Examiner's Decision:
+ The Chairman is the Leader of the Administration of Medical Examination and Treatment;
+ A Vice President who is the Chairman of the Mid-level Medical Assessment Council in or the Chairman of the Medical Evaluation Council of the Ministries competent to conduct medical assessment;
+ The commissioners are assessors, of which the permanent members are officials of the awarding agency of the central-level medical assessment council or the standing body of the medical assessment council of ministries competent to conduct medical assessment.
Circular 01/2023/TT-BYT will come into force from April 15, 2023.
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