Law on medical examination and treatment 2023 available in Vietnam

Law on medical examination and treatment 2023 available in Vietnam (Internet image)

1. Law on medical examination and treatment 2023 available in Vietnam

According to the Law on Medical Examination and Treatment of 2023:

- Rights and obligations of patients; 

- Medical practitioners; 

- Medical establishments; 

- Professional and technical expertise in healthcare; 

- Healthcare provided by application of the traditional medicine and the combination of the traditional medicine and the modern medicine; 

- Humanitarian or not-for-profit healthcare; 

- Transfer of professional and technical expertise in healthcare; 

- Application of new techniques, new methods and clinical trials;

- Errors related to professional and technical expertise; 

- Preconditions for health care operations; 

- Mobilization and dispatch of resources for use in healthcare in case of occurrence of natural disasters, catastrophes, group-a infectious diseases or state of emergency.

2. Prohibited acts under the Law on Medical Examination and Treatment 2023 in Vietnam

Prohibited acts in Vietnam under the Law on Medical Examination and Treatment of 2023 include:

- Infringe patients’ rights.

- Refuse or intentionally delay to refer patients to emergency care services, except as defined in Article 40 herein.

- Carry out healthcare services that do not satisfy the conditions set out in Article 19 herein.

- 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.

- 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 of the Law on Medical Examination and Treatment of 2023.

- 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.

- Prescribe medications that have not obtained marketing authorization as provided in law on pharmacy in healthcare.

- Commit the act of harassment in the delivery of medical services.

- Prescribe patients drugs, technical and medical equipment services; suggest referral to other medical establishments to patients, or commit other acts for personal gain.

- 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.

- Any practitioner sells drugs in any form, except in the following cases:

+ Traditional medicine doctors, traditional medicine physician assistants or traditional medicine herbalists who sell traditional medications;

+ Holders of folk remedies who sell drugs prescribed according to folk remedies under their registered ownership.

- Drink alcohols, beers and other alcoholic beverages; use narcotics; smoke tobaccos or cigarettes at medical establishments or while on duty.

- Use any form of superstition in the distribution of medical services.

- 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 of the Law on Medical Examination and Treatment of 2023.

- Any medical establishment provides healthcare services if it

+ does not hold any operating license;

+ is under suspension of its operations;

+ 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.

- rents, borrows; leases or lends out practicing or operating licenses.

- Misuse a practitioner's image and status to speak about, propagate and encourage patients to use unrecognized medical tests or therapies.

- 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.

- 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.

- Advertise beyond the scope of practice or professional activities approved by a competent authority; abuse medical knowledge to falsely advertise medical services.

- Publish information not yet validated by competent authorities that medical incidents are ascribed to medical practitioners or medical establishments.

Nguyen Thi Diem My

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