Are cases of death from vaccination eligible for compensation in Vietnam?

Are cases of death from vaccination eligible for compensation in Vietnam? (Internet image)

Regarding this issue, Clause 1, Article 15 of Decree 104/2016/ND-CP stipulates:

“The State shall pay compensation for serious injuries or deaths from vaccination during an expanded immunization program or vaccination against epidemic."

Thus, for the anti-epidemic vaccination program, if a vaccinated person dies, the State will be responsible for compensating in this case.

Clause 6, Article 30 of the Law on Prevention and Control of Infectious Diseases 2007 also stipulates:

When receiving expanded immunization, if immunized persons experience complications which seriously affect their health or lead to their death, the State shall pay compensations to the victims.

In case such complications are due to the fault of organizations or individuals producing, trading in or preserving vaccines and medical bio-products or of immunization workers, these organizations and individuals shall pay indemnities to the State in accordance with law.

Note: The above regulations apply to the Expanded Vaccination Program and anti-epidemic vaccination.

In case of a serious injury following a vaccination that is not part of a expanded immunization program or vaccination against epidemic, the vaccination clinic shall submit a report to the Provincial Department of Health of the province where the center is located as prescribed in Clause 2 of Article 5 of Decree 104/2016/ND-CP and provide compensation if the injury is its fault. (According to the provisions of Clause 4, Article 5 of Decree 104/2016/ND-CP).

What are post-vaccination serious injuries?

post-vaccination serious injuries are adverse events following vaccination that can threaten the life of the vaccinated person or leave sequelae or cause the death of the vaccinated person.

Article 6 of Decree 104/2016/ND-CP also stipulates this issue as follows:

“Article 6. Investigation, reporting and announcement of investigation result, response to post-vaccination serious injuries

1. Within 24hours from the occurrence of a serious injury, the Provincial Department of Health shall carry out an investigation. Within 05 working days from the receipt of the investigation report, the Provincial Department of Health shall hold a meeting with the provincial advisory council to assess the cause to:

a) assess and give a conclusion about the cause of the serious injury;

b) determine eligibility for compensation as prescribed in Clause 6 r 30 of the Law on Prevention and treatment of infectious diseases and Clause 2 Article 15 of this Decree;

c) determine whether the serious injury is related to the manufacture, sale, storage or handling.

2. Within 24 hours from the time the minutes of meeting with the provincial advisory council is completed, the Director of the Provincial Department of Health shall:

a) announce the cause of the serious injury and send a report to the Ministry of Health; and

b) inform the patient’s family of the cause of the serious injury.

3. Where it is suspected that the serious injury is because of the vaccine quality, the Director of the Provincial Department of Health shall issue a decision to suspend the use of the vaccine batch in the province after receiving a written agreement from the Ministry of Health. After the provincial advisory council concludes that the vaccine quality is related to the serious injury, the Director of the Provincial Department of Health shall permit the use of the vaccine batch and send a report to the Ministry of Health.

4. Where necessary, the Ministry of Health shall hold a meeting with the ministerial advisory council to evaluate the conclusion given by the provincial advisory council

Compensation level

According to Clause 2, Article 16 of Decree 104/2016/ND-CP, compensation for death from vaccination:

- Reimbursement for the medical expenses specified in Clause 3 of Article 16 of Decree 104/2016/ND-CP incurred before the death;

- Funeral cost which equals 10 months' base salary prescribed by the State;

- Mental damage compensation of VND 100 million for the dead person’s relatives;

- Compensation for lost or reduced incomes specified in Clause 4 of Article 16 of Decree 104/2016/ND-CP.

Compensation procedures and the order and procedures for granting and providing compensation are guided in Article 18 and Article 19 of Decree 104/2016/ND-CP.

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