What is Decision 3813/QD-BYT announcing the List of administrative procedures to amend and supplement fees under the Ministry of Health in Vietnam?

What is Decision 3813/QD-BYT announcing the List of administrative procedures to amend and supplement fees under the Ministry of Health in Vietnam? - Question from Mr. Hanh (Hanoi). 

What is Decision 3813/QD-BYT announcing the List of administrative procedures to amend and supplement fees under the Ministry of Health in Vietnam?

On October 10, 2023, the Ministry of Health issued Decision 3813/QD-BYT in 2023 on announcing the List of administrative procedures to amend and supplement fees according to Circular 59/2023/TT-BTC dated October 30, 2023. /8/2023 of the Minister of Finance within the scope of management functions of the Ministry of Health.

According to the list of administrative procedures to amend and supplement fees under the Ministry of Health includes:

- List of 22 administrative procedures amended and supplemented with fees according to Circular 59/2023/TT-BTC in the field of medical examination and treatment;

- List of 05 administrative procedures amended and supplemented with fees according to Circular 59/2023/TT-BTC in the field of medical equipment and works.

Specifically:

A. FIELD OF MEDICAL EXAMINATION AND TREATMENT

No

Code on the National Database

Name of administrative procedure

Name of revised text

Implementing agencies

Fee
(VND/file)

I. Central level administrative procedures

1

1.003354

Issuing medical examination and treatment practice certificates to foreigners and Vietnamese residing abroad

Circular No. 59/2023/TT-BTC

Department of Medical Examination and Treatment Administration; Department of Traditional Medicine and Pharmacy Administration

430,000

2

1.003349

Issuing additional scope of professional activities in practicing certificates under the authority of the Ministry of Health

3

1.003311

Granting changes to the scope of professional activities in medical examination and treatment practice certificates falls under the authority of the Ministry of Health

4

2.001373

Issuing adjustments to medical examination and treatment practice certificates in cases of requesting to change full name and date of birth under the authority of the Ministry of Health

5

1.003433

Issuing medical examination and treatment practice certificates for Vietnamese people falls under the authority of the Ministry of Health

6

1.002587

Issuance of certificates of advertising content for medical examination and treatment services falls under the authority of the Ministry of Health

1 million

7

1.001377

Re-issuing  confirmation of advertising content for medical examination and treatment services under the authority of the Ministry of Health in case of loss or damage

8

1.001375

Re-issuing confirmation of advertising content for medical examination and treatment services under the authority of the Ministry of Health when there is a change in the name and address of the responsible organization or individual and there is no change in advertising content.

9

1.003627

Granting operating licenses to medical examination and treatment facilities when changing locations under the authority of the Ministry of Health (Traditional medicine specialty clinics)

Department of Medical Examination and Treatment Administration; Department of Traditional Medicine and Pharmacy Administration

3,100,000

10

1.003535

Granting operating licenses to specialized clinics under the authority of the Ministry of Health (specialized traditional medicine clinics)

11

1.009814

Adjusting the operating license for medical examination and treatment facilities when changing the size of hospital beds or organizational structure or scope of professional activities under the authority of the Ministry of Health (Traditional Medicine Specialty Clinic). 

II. Local level administrative procedures

1

1.003773

Granting changes to the scope of professional activities in the medical examination and treatment practice certificate falls under the authority of the Department of Health

Circular No. 59/2023/TT- BTC

Health service Dept

430,000

2

1.003748

Issuing additional scope of professional activities in the practicing certificate under the authority of the Department of Health

3

1.003709

Issuing medical examination and treatment practice certificates for Vietnamese people for the first time under the authority of the Department of Health

4

1.003787

Issuing adjustments to medical examination and treatment practice certificates in cases where requests to change full name and date of birth fall under the authority of the Department of Health.

55

1.003824

Re-issuing medical examination and treatment practice certificates for Vietnamese people whose practice certificates have been revoked according to the provisions of Points c, d, dd, e and g, Clause 1, Article 29 of the Law on Medical Examination and Treatment under jurisdiction of the Department of Health

6

1.002464

Issuing a certificate confirming the advertising content of medical examination and treatment services falls under the authority of the Department of Health

1 million

7

1.000562

Re-issuing confirmation of advertising content for medical examination and treatment services under the authority of the Department of Health in case of loss or damage

8

1.000511

Re-issuing confirmation of advertising content for medical examination and treatment services under the authority of the Department of Health when there is a change in the name and address of the responsible organization or individual and there is no change in advertising content.

9

1.003644

Granting operating licenses to medical examination and treatment facilities when changing locations under the authority of the Ministry of Health (Traditional medicine specialty clinics)

3,100,000

10

1.003803

Granting operating licenses to specialized clinics under the authority of the Department of Health (specialized traditional medicine clinics)

11

1.003547

Adjusting the operating license for medical examination and treatment facilities when changing the size of hospital beds or organizational structure or scope of professional activities under the authority of the Department of Health (Traditional medicine specialty clinic )

B. MEDICAL EQUIPMENT AND CONSTRUCTION FIELD

No

Code on National Database (3)

Name of administrative procedure

Name of revised text

Implementing agencies

Fee (VND/file)

I. Central level administrative procedures

1

1.003925

New issuance of circulation numbers for medical equipment of types C and D that have corresponding national technical regulations

Circular No. 59/2023/TT-BTC

Department of Infrastructure and Medical Equipment

6,000,000

2

1.002949

New issuance of circulation numbers for medical equipment of types C and D, which are measuring devices that require sample approval according to the provisions of law on measurement.

3

1.002155

New issuance of circulation numbers for medical equipment of types C and D in the case of quick issuance

4

1.010541

Issuance of new circulation numbers for medical equipment of types C and D in an urgent situation to serve disease prevention and control

5

1.002402

New issuance of circulation numbers for other medical equipment of types C and D

 

Note: Decision 3813/QD-BYT 2023 takes effect from October 16, 2023.

What are principles in medical examination and treatment in Vietnam?

In Article 3 of the Law on Medical Examination and Treatment 2023 (effective from January 1, 2024), there are regulations on medical examination and treatment as follows:

1. Respect, protect, and treat patients equally, and stop stigma or discrimination towards patients.

2. Give priority to have access to medical services to patients in a state of emergency; children aged under 6 years; pregnant women; people with extremely severe disabilities; people with severe disabilities; people aged 75 years or older; people rendering meritorious services to the revolution, depending on the particular characteristics of each medical establishment.

3. Respect, cooperate with and protect practitioners and other persons on duty at medical establishments.

4. Promptly implement and comply with regulations on professional and technical expertise in healthcare.

5. Comply with the code of professional ethics in the practice of medicine approved by the Minister of Health.

6. Ensure equality and fairness among medical establishments.

What is Decision 3813/QD-BYT announcing the List of administrative procedures to amend and supplement fees under the Ministry of Health in Vietnam? (Image from the Internet)

Which acts are prohibited in medical examination and treatment activities in Vietnam?

In Article 7 of the Law on Medical Examination and Treatment 2023 (effective from January 1, 2024), there are regulations on prohibited acts in medical examination and treatment activities as follows:

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 medical establishments 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 medical establishments 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 medical establishment 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 medical establishments, or damage or sabotage medical establishments’ property.

19. Prevent patients who are subject to the involuntary treatment requirement from entering medical establishments, 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 medical establishments.

Best regards!

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