What are the regulations on reception and management of patients without families in Vietnam?

What are the regulations on reception and management of patients without families in Vietnam? (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. What are cases of patient without family?

According to Clause 10, Article 2 of the Law on Medical Examination and Treatment 2023, patient without family is a person who falls into one of the following cases:

- The patient in a state of emergency does not have any identification papers, is not accompanied by his/her family, or has no family contact information;

- At the time of entering a medical establishment, the patient loses or has difficulties in cognition, control of his/her behavior, and has no identification papers, no family, or no family contact information;

- At the time of entering a medical establishment, the patient whose identity has been discovered loses or has difficulties in cognition, control of his/her behavior, and has no family, or no family contact information;

- A child under 6 months of age is abandoned at a medical establishment.

2. What are the regulations on reception and management of patients without families in Vietnam?

Article 72 of the Law on Medical Examination and Treatment 2023 stipulates the reception and management of patients without families are as follows:

- When receiving patients without families and rendering healthcare services to them, medical establishments shall be responsible for tallying, making a tally report of and keeping the patient's belongings.

- Within 48 hours after receiving a patient, if it is impossible for a medical establishment to identify a patient’s family, the medical establishment shall have the following responsibilities:

+ Report the patient case to the commune-level People's Committee of the locality where the medical establishment is located in order for it to post the notification of search for the patient’s missing family via mass media;

+ If the child patient under 6 months of age is abandoned at the medical establishment, the receiving medical establishment shall submit an application package for admission of the social protection beneficiary to the social welfare centers in accordance with laws on social protection.

+ With regard to a patient who loses his/her capacity to perform civil acts; faces impaired cognition, difficulties in behavior control; has limited capacity to perform civil acts, if the receiving medical establishment fails to identify his/her family after his/her being restored to a stable condition after end of the treatment, that medical establishment shall submit an application package for admission as an extremely disadvantaged social protection beneficiary to a social welfare center in accordance with laws on social protection.

- If a patient is dead, the medical establishment receiving that patient shall take action under Article 73 of the Law on Medical Examination and Treatment 2023.

- Medical establishments shall be responsible for offering care, nursing, medical examination and treatment services for a patient during the period from reception to completion of referral to social welfare centers, or until that patient is dead.

- The Government shall impose regulations on payment of costs of care, nursing, medical examination and treatment services to those beneficiaries referred to herein, and on management of patients without families who are foreign nationals.

3. Medical examination and treatment regime for patients without families in Vietnam

Pursuant to Clause 1, Article 121 of Decree 96/2023/ND-CP regulating medical examination, treatment, care and nurturing regimes for patients without relatives, including:

- Medical examination and treatment costs: comply with regulations on prices for medical examination and treatment services for medical examination and treatment establishments issued by competent authorities;

- The monthly maintenance allowance for each subject during the period of treatment at a medical examination and treatment facility is equal to the level specified in Clause 1 of Article 25 of Decree 20/2021/ND-CP.

- Being provided with items for daily living: blankets, mosquito nets, mats, summer clothes, winter clothes, underwear, slippers, toothbrushes, monthly personal sanitary napkins for women of childbearing age, and other expenses as prescribed;

- Costs for transporting patients from medical examination and treatment facilities to social assistance facilities. The basis for determining transportation costs is the actual fuel consumption of the vehicle transporting the patient.

Nguyen Ngoc Que Anh

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