Rights and obligations of medical practitioners in Vietnam

Rights and obligations of medical practitioners in Vietnam (Internet image)

1. Who is medical practitioner?

According to Clause 6, Article 2 of the Law on Medical Examination and Treatment 2009, medical practitioner means a person possessing a medical practice certificate and practicing medical examination and treatment (below referred to as practitioner).

2. Rights of practitioners in Vietnam

Rights of practitioners under Section 3 Chapter III of the Law on Medical Examination and Treatment 2009 are as follows:

2.1. Rights to professional practice

- To professionally practice within the scope of professional operation indicated in their medical practice certificates.

- To decide on and take responsibility for diagnosis and treatment methods within the scope of professional operation indicated in their medical practice certificates.

- To sign contracts with medical examination and treatment establishments to provide medical examination and treatment, but to be in charge of professional and technical operations at only one medical examination and treatment establishment.

- To join socio-professional organizations.

2.2. Rights to refusal of medical examination and treatment

- To refuse to provide medical examination and treatment when, in the course of medical examination and treatment, anticipating that treatment of a disease goes beyond their capacity or is outside the scope of their professional operation, but to report such to a competent person or introduce patients to other medical examination and treatment establishments for treatment. In this case, practitioners shall still provide first aid, supervision, care and treatment for the patients until they arc transferred to other medical examination and treatment establishments.

- To refuse to provide medical examination and treatment when such examination and treatment is contrary to law or professional ethics.

2.3. Rights to improvement of professional capacity

- To receive training, re-training and continued updating of medical knowledge relevant to their professional practice level.

- To participate in refresher training and sharing information on professional operation and the health law.

2.4. Rights to protection upon occurrence of incidents to patients

- To be protected by law and take no respon­sibility when properly observing professional and technical regulations but incidents still occur.

- To request agencies, organizations and professional associations to protect their lawful rights and interests upon occurrence of incidents to patients.

2.5. Rights to assurance of safety during professional practice

- To be equipped with means of labor protection and sanitation to prevent and mitigate risks for infection and occupational accidents.

- To have their health, life, honor and body protected.

- To temporarily leave work places when having their life threatened by others, but then to report such to heads of medical examination and treatment establishments or administrations of nearest localities.

3. Obligations of practitioners in Vietnam

Obligations of medical examination and treatment practitioners under Section 4, Section 3, Chapter III of the Law on Medical Examination and Treatment 2009 are as follows:

3.1. Obligations toward patients

- To provide timely first aid, emergency aid and medical examination and treatment for patients, except the cases specified in Article 32 of this Law.

- To respect rights of patients, to be considerate and polite to patients.

- To give counseling and provide information under Clause 1. Article 7. and Clause 1. Article 11, of the Law on Medical Examination and Treatment 2009.

- To equally treat patients, not to let personal interests or discrimination affect their professional decisions.

- To request patients to pay only expenses for medical examination and treatment posted up under law.

3.2. Professional obligations

- To observe professional and technical regulations.

- To take responsibility for their medical examination and treatment.

- To regularly study and update medical knowledge to improve their professional capacity under the Health Minister's regulations.

- To be devoted in medical examination and treatment.

- To keep confidential the health status of patients, information provided by patients and case history dossiers, except the cases specified in Clause 2, Article 8 of the Law on Medical Examination and Treatment 2009.

- To report on practitioners deceiving patients or colleagues or violating this Law to competent persons.

- Not to prescribe or instruct the use of medical examination and treatment services for patients or recommend them to move to other medical examination and treatment establishment for self-seeking interests.

3.3. Obligations toward colleagues

- To cooperate and respect colleagues in medical examination and treatment.

- To protect the honor and prestige of colleagues.

3.4. Obligations toward the society

- To participate in community health protection and education.

- To participate in supervising the professional capacity and ethics of other practitioners.

- To observe assignment decisions of their managing agencies under Clause 2, Article 4 of the Law on Medical Examination and Treatment 2009.

- To observe mobilization decisions of competent state agencies upon occurrence of natural disasters, catastrophes or dangerous epidemics.

3.5. Professional ethics obligations

Practitioners are obliged to perform professional ethics obligations under the Health Minister's regulations.

Quoc Dat

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