06 Medical practitioners subject to prohibition of the practice of medicine in Vietnam

06 Medical practitioners subject to prohibition of the practice of medicine in Vietnam (Internet image)

1. 06 Medical practitioners subject to prohibition of the practice of medicine in Vietnam

Medical practitioners subject to prohibition of the practice of medicine according to Article 20 Law on Medical Examination and Treatment 2023 are as follows:

- Currently under criminal investigation for acts violating laws related to technical expertise.

- Currently serving a suspended sentence, non-custodial rehabilitation sentence for acts violating laws related to technical expertise.

- Currently serving a probation period for those sentenced to imprisonment related to technical expertise but released early on conditions.

- Currently serving an imprisonment sentence or subjected to administrative measures of compulsory education or mandatory rehabilitation.

- Currently banned from practicing medical examination and treatment according to a legally effective criminal verdict of the court or restricted from performing medical examination and treatment activities according to the decision of a competent authority.

- Losing civil act capacity or having difficulties in perceiving and controlling behaviors or having limited capacity for civil acts.

2. Right of refusal to provide medical care in Vietnam

According to Article 40 Law on Medical Examination and Treatment 2023, practitioners have the right to refuse medical examination and treatment in the following cases:

- Predicting the disease condition is beyond their capability or outside the scope of their practice but must refer the patient to another practitioner or appropriate medical facility for examination and treatment and must perform first aid, emergency care, monitor, care, and treat patients until they are received by another practitioner or transferred to another medical facility;

- Conducting examination and treatment contrary to the provisions of law or professional ethics;

- When the patient or their relatives physically assault, harm the health, or endanger the life of the practitioner during the performance of their duties, except when the patient suffers from a mental illness or other diseases that impede their perception and control of behavior;

- When the patient requests a method of examination and treatment that does not conform to technical expertise regulations;

- When the patient or their representative, as stipulated in point a Clause 2 and point a Clause 3 Article 15 Law on Medical Examination and Treatment 2023, does not comply with the practitioner's diagnostic and treatment method after being advised and persuaded, and such non-compliance poses a risk to the patient's health and life.

3. Forms of organization of medical establishments in Vietnam

Forms of organization of medical establishments in Vietnam according to Article 48 Law on Medical Examination and Treatment 2023 are as follows:

- Organizational forms of medical facilities include:

+ Hospital;

+ Infirmary under the people's armed forces;

+ Maternity home;

+ Clinic;

+ Traditional medicine diagnostics room;

+ Auxiliary medical service facility;

+ Medical station;

+ Pre-hospital emergency facility;

+ Family medicine medical facility;

+ Other organizational forms of medical facilities according to the regulations of the Government of Vietnam.

- In cases of medical assessment facilities, forensic assessment facilities, psychiatric forensic assessment facilities, medical centers, institutes with beds, or medical agencies of organizations, if they perform medical examination and treatment, the licensing must be in one of the organizational forms of medical facilities stipulated in Clause 1 Article 48 Law on Medical Examination and Treatment 2023.

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