Rights and obligations of patients under the Law on Medical Examination and Treatment of Vietnam

Rights and obligations of patients under the Law on Medical Examination and Treatment of Vietnam (Internet image)

1. Who is the patient?

According to Clause 3, Article 2 of the Law on Medical Examination and Treatment 2009, patient means a user of medical examination and treatment services.

Specifically:

- Medical examination means the inquiry into diseases and medical history, physical examination, and instruction for paraclinical testing or functional probe, when necessary, for diagnosis and instruction of recognized appropriate treatment methods.

- Medical treatment means the use of recognized professional and technical methods and drugs licensed for circulation for first aid, cure, care and functional rehabilitation of patients.

(Clause 1 and 2, Article 2 of the Law on Medical Examination and Treatment 2009)

2. Rights of patients under the Law on Medical Examination and Treatment 2009 of Vietnam

According to the Law on Medical Examination and Treatment 2009, patients have the following rights:

- Rights to medical examination and treatment with quality suitable to actual conditions

+ To be given counseling and explanations about their health status, treatment methods and medical examination and treatment services suitable to their diseases.

+ To receive treatment with safe, appropriate and effective methods according to professional and technical regulations.

- Rights to respect for privacy

+ To have their health status and private information given in their case history dossiers kept confidential.

+ The information referred to in Clause 1 of Article 8 of the Law on Medical Examination and Treatment 2009 may be disclosed only when so agreed by patients or for exchange of information and experience between practitioners directly treating the patients to improve the quality of diagnosis, care and treatment of patients or in other cases provided by law.

- Rights to respect for honor and protection of health in medical examination and treatment

+ To be subject to no discrimination in medical examination and treatment or forced medical examination and treatment, except the cases specified in Clause 1, Article 66 of the Law on Medical Examination and Treatment 2009.

+ To be respected in terms of age, gender, ethnics and belief.

+ To be subject to no discrimination based on their financial and social status.

- Rights to choice in medical examination and treatment

+ To fully receive information, explanations and counseling about their disease status, results and possible risks to choose diagnosis and treatment methods.

+ To accept or refuse to participate in bio­medical research in medical examination and treatment.

+ To nominate representatives to perform and protect their rights and obligations in medical examination and treatment.

- Rights to obtainment of information on case history dossiers and medical examination and treatment expenses

+ To receive brief information on their case history dossiers when so requested in writing, unless otherwise provided by law.

+ To be provided with information on charges for medical examination and treatment services and detailed explanations about expenses indicated in invoices for medical examination and treatment services.

- Rights to refusal of medical treatment and discharge from medical examination and treatment establishments

+ To refuse testing, use of drugs and application of treatment techniques or methods, but to make written commitment on personal responsibility for such refusal, except the cases specified in Clause 1. Article 66 of the Law on Medical Examination and Treatment 2009.

+ To leave medical examination and treatment establishments when treatment is not completed, but to make written commitment to take personal responsibility for such leaving, which is contrary to practitioners’ instruction, except the cases specified in Clause 1. Article 66 of the Law on Medical Examination and Treatment 2009.

- Rights of patients losing civil act capacity, or without civil act capacity or with restricted civil act capacity, or being juveniles aged between full 6 years and under full 18 years

+ Lawful representatives of patients losing civil act capacity, or without civil act capacity or with restricted civil act capacity, or being juveniles aged between full 6 years and under full 18 years may decide on medical examination and treatment for the patients.

+ In cases of emergency, to protect the life and health of a patient, the head of a medical examination and treatment establishment may decide on medical examination and treatment for the patient when his/her lawful representative is absent.

(From Articles 7 to 13 of the Law on Medical Examination and Treatment 2009)

3. Obligations of patients under the Law on Medical Examination and Treatment of Vietnam

Patients have the following obligations:

- To respect practitioners

To respect and commit no act of harming the honor, dignity, health and life of practitioners and other health workers.

- To observe regulations on medical examination and treatment

+ To truthfully provide information related to their health status and fully cooperate with practitioners and medical examination and treatment establishments.

+ To follow practitioners' instructions on diagnosis and treatment, except the cases speicified in Article 12 of the Law on Medical Examination and Treatment 2009.

+ To observe and request their relatives to observe rules of medical examination and treatment establishments and the law on medical examination and treatment.

- To pay medical examination and treatment expenses

To pay medical examination and treatment expenses, except cases of exemption or reduction under law. For insured patients, payment of medical examination and treatment expenses complies with the law on health insurance.

(Articles 14, 15, 16 of the Law on Medical Examination and Treatment 2009)

Thanh Rin

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