If my wife has an incident due to plastic surgery, is there any legal protection in Vietnam?

If my wife has an incident due to plastic surgery, is there any legal protection in Vietnam?

Pursuant to Article 76 of the 2009 Law on Medical Examination and Treatment, stipulates responsibilities of practitioners and medical examination and treatment establishments upon occurrence of incidents in medical examination and treatment as follows:

1. When occurs an incident to a patient as a result of professional and technical mistakes or in the case specified at Point b. Clause 2. Article 73 of this Law. the insurer from which the medical examination and treatment establishment buys insurance shall pay damages to the patient under the insurance contract signed with that medical examination and treatment establishment.

A medical examination and treatment establishment which fails to buy insurance under Clause 1. Article 78 of this Law shall itself pa; damages to the patient under law.

2. Apart from paying damages under Clause I of this Article, a medical examination and treatment establishment and a practitioner making professional and technical mistake-resulting in an incident to a patient shall take other legal responsibilities under law.

3. When occurs an incident in medical examination and treatment under Point a. Clause 2. Article 73 of this Law. medical examination and treatment establishments and practitioners are not required to pay damages.

Thus, in the event of an incident caused by plastic surgery, the victim will be protected by law by asking the medical examination and treatment establishment to compensate and bear other legal responsibilities in Vietnam.

What are penalties for act of plastic surgery causing incident in Vietnam? 

According to Clause 7, Clause 8 and Clause 9, Article 40 of Decree 117/2020/ND-CP, violations against regulations on technical and professional qualifications are prescribed:

7. A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed for committing a violation against regulations on technical and professional qualifications in medical examination and treatment that causes harms or injuries to patients.

8. Additional penalties:

a) The medical examination and treatment practicing certificate shall be suspended for a fixed period of 01 – 03 months in case of commission of the violation in Point a or b Clause 1, Point c Clause 2, Clause 3 or Clause 4 of this Article;

b) The medical examination and treatment practicing certificate shall be suspended for a fixed period of 03 - 06 months in case of commission of the violation in Clause 5 or 7 of this Article;

c) The license for medical operations shall be suspended for a fixed period of 01 – 03 months in case of re-commission of one of the violations in Clauses 1, 2, 3, 4 and Point a Clause 5 of this Article, or commission of 03 or more of the said violations at the same time;

d) A part of operations (ward, department, center, unit or division committing the violation) or the license for medical operations of the violating entity (if the violation influences on all of its operations) shall be suspended for a fixed period of 03 - 06 months in case of commission of the violation in Point b Clause 5 or Clause 7 of this Article;

dd) Operations of the violating entity shall be suspended for a fixed period of 03 - 06 months in case of commission of the violation in Clause 6 of this Article.

9. Remedial measure:

The violating entity is compelled to pay entire costs of medical services in case of commission of the violation in Clause 3 or 7 of this Article.

In Clause 5, Article 4 of Decree 117/2020/ND-CP, there are regulations on fines for individuals and organizations as follows:

5. The fines prescribed in Chapter II hereof are imposed on violating individuals. The fine imposed on an organization is twice as much as that imposed on an individual for the same administrative violation.

Therefore, plastic surgery that causes incidents will be subject to an administrative fine of from VND 40,000,000 to VND 50,000,000, and at the same time deprived of the right to use the medical examination and treatment practice certificate from 3 to 6 months. If it is a department or room in a hospital, the operation of part of the facility will be suspended, and if it is a cosmetic service establishment, the operation license will be revoked. In addition, the patient must also pay the entire cost of medical examination and treatment for the victim in Vietnam.

Best Regards!