Prohibited acts in medical examination and treatment in Vietnam

The Law on Medical Examination and Treatment was approved by the National Assembly of Vietnam on November 23, 2009, effective from January 01, 2011. This Law provides the rights and obligations of patients, medical practitioners and medical examination and treatment establishments; conditions on medical practitioners and medical examination and treatment establishments; professional and technical requirements for medical examination and treatment; application of new techniques and methods to medical examination and treatment; professional and technical mistakes, settlement of complaints, denunciations and disputes related to medical examination and treatment; and conditions to assure medical examination and treatment.

According to Article 6 of the Law on Medical Examination and Treatment of Vietnam, prohibited acts in medical examination and treatment include:

1 - Refusing to provide or intentionally delaying first aid for patients.

2 - Providing medical examination and treatment without a medical practice certificate or during the time subject to suspension from professional practice; providing medical examination and treatment services without an operation license or during the time subject to suspension from operation.

3 - Practicing medical examination and treatment or providing medical examination and treatment services outside the scope of professional operation under a medical practice certificate or operation license, except cases of emergency.

4 - Hiring, borrowing, leasing or lending medical practice certificates or operation licenses.

5 - Practitioners selling drugs to patients in any forms, except herb doctors, herb assistant doctors, herbalists and owners of family remedies.

6 - Applying medical professional methods and techniques which have not been recognized and using drugs which have not been licensed for circulation, in medical examination and treatment.

7 - Advertising professional capacity and qualifications untruthfully or beyond the scope of professional operation under medical practice certificates or operation licenses; abusing traditional herbal medicament knowledge or other medical knowledge to advertise treatment methods or drugs untruthfully.

8 - Using superstitions in medical examination and treatment.

9 - Practitioners drinking alcohol or beer or smoking or having an alcoholic concentration in blood or breath when providing medical examination and treatment.

10 - Infringing upon patients' rights; failing to observe professional and technical regulations in medical examination and treatment; taking advantage of positions and powers in medical examination and treatment: abusing the profession to harm the honor, dignity and body of patients: erasing and modifying case history dossiers to falsify information on medical examination and treatment.

11 - Harming the health, life, honor and dignity of practitioners.

12 - Obstructing patients in need of compulsory treatment in admitting to medical examination and treatment establishments or intentionally providing treatment for those not in need of compulsory treatment.

13 - Medical cadres, civil servants and public employees establishing, engaged in the establishment or management and administration of, private hospitals or medical examination and treatment establishments set up and operating under the Enterprise Law or the Law on Cooperatives, unless they are assigned by competent state agencies to manage and administer state-funded medical examination and treatment establishments.

14 - Bribe giving, taking and breaking in medical examination and treatment.

Source: conganbinhthuan.gov.vn

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