Dispute resolution procedures upon occurrence of medical accidents in Vietnam

Dispute resolution procedures upon occurrence of medical accidents in Vietnam

Pursuant to Article 50 of Circular 32/2023/TT-BYT guiding the dispute resolution procedures upon occurrence of medical accidents

(1) Dispute resolution procedures for hospitals under the management of the Department of Health (including hospitals of ministries and agencies, except hospitals under the Ministry of National Defense and the Ministry of Public Security):

- When a medical accident occurs and there is a dispute that needs to be resolved, at the request of the patient, the patient's representative, the practitioner(s), the investigation body, or the court, the hospital must establish an Expert Panel as prescribed in Clause 1, Article 101 of the Law on Medical Examination and Treatment 2023 (hereinafter referred to as the grassroots Expert Panel);

- In case the parties to dispute do not agree with the conclusion of the Expert Panel specified in Point a of this Clause, they may send a written request to the Department of Health to establish another Expert Panel to resolve it together with documentation related to the dispute;

- In case the parties to dispute do not agree with the conclusion of the Expert Panel specified in Point b of this Clause, they may send a written request to the Ministry of Health to establish another Expert Panel to resolve it together with documentation related to the dispute. The conclusion of the Expert Panel of the Ministry of Health is final and conclusive;

- In case the parties to dispute do not agree with the conclusion of the Expert Panel established by the Ministry of Health, the parties shall file a lawsuit to court.

(2) Dispute resolution procedures for healthcare facilities under the management of the Department of Health other than hospitals (including healthcare facilities other than hospitals of ministries and agencies, except facilities under the Ministry of National Defense and the Ministry of Public Security):

- When a medical accident occurs and there is a dispute that needs to be resolved, at the request of the patient, the patient's representative, the practitioner(s), the investigation body, or the court, the healthcare facility shall send a request to the Department of Health in writing to establish an Expert Panel together with documents related to the dispute;

- In case the parties to dispute do not agree with the conclusion of the Expert Panel specified above, they may send a written request to the Ministry of Health to establish another Expert Panel to resolve it together with documentation related to the dispute. The conclusion of the Expert Panel of the Ministry of Health is final and conclusive;

- In case the parties to dispute do not agree with the conclusion of the Expert Panel established by the Ministry of Health, the parties shall file a lawsuit to court.

(3) Dispute resolution procedures for hospitals and infirmaries under the management of the Ministry of National Defense and the Ministry of Public Security:

- When a medical accident occurs and there is a dispute that needs to be resolved, at the request of the patient, the patient's representative, the practitioner(s), the investigation body, or the court, the hospital/infirmary must establish an Expert Panel as prescribed in Clause 1, Article 101 of the Law on Medical Examination and Treatment 2023 (hereinafter referred to as the grassroots Expert Panel);

- In case the parties to dispute do not agree with the conclusion of the Expert Panel specified in Point a of this Clause, they may send a written request to the Department of Military Medicine affiliated to Ministry of National Defense, Department of Health affiliated to Ministry of Public Security to establish another Expert Panel to resolve it together with documentation related to the dispute;

- In case the parties have a dispute and do not agree with the conclusion of the Expert Panel specified in Point b of this Clause, they may send a written request to the Ministry of Health to establish another Expert Panel to resolve it together with documentation related to the dispute. The conclusion of the Expert Panel of the Ministry of Health is final and conclusive;

- In case the parties to dispute do not agree with the conclusion of the Expert Panel established by the Ministry of Health, the parties shall file a lawsuit to court.

(4) Dispute resolution procedures for healthcare facilities under the management of the Ministry of National Defense and the Ministry of Public Security other than hospitals or infirmaries, or being infirmaries but not eligible for establishing an Expert Panel:

- When a medical accident occurs and there is a dispute that needs to be resolved, at the request of the patient, the patient's representative, the practitioner(s), the investigation body, or the court, the healthcare facility shall send a request to the Department of Military Medicine affiliated to Ministry of National Defense, Department of Health affiliated to Ministry of Public Security in writing to establish a Expert Panel together with documents related to the dispute;

- In case the parties to dispute do not agree with the conclusion of the Expert Panel specified in Point a of this Clause, they may send a written request to the Ministry of Health to establish another Expert Panel to resolve it together with documentation related to the dispute; The conclusion of the Expert Panel of the Ministry of Health is final and conclusive;

- In case the parties to dispute do not agree with the conclusion of the Expert Panel established by the Ministry of Health, the parties shall file a lawsuit to court.

(5) Dispute resolution procedures for hospitals under the management of the Ministry of Health:

- When a medical accident occurs and there is a dispute that needs to be resolved, at the request of the patient, the patient's representative, the practitioner(s), the investigation body, or the court, the hospital must establish an Expert Panel as prescribed in Clause 1, Article 101 of the Law on Medical Examination and Treatment 2023 (hereinafter referred to as the grassroots Expert Panel);

- In case the parties to dispute do not agree with the conclusion of the Expert Panel specified in Point a of this Clause, they may send a written request to the Ministry of Health to establish another Expert Panel to resolve it together with documentation related to the dispute; The conclusion of the Expert Panel of the Ministry of Health is final and conclusive;

- In case the parties to dispute do not agree with the conclusion of the Expert Panel established by the Ministry of Health, the parties shall file a lawsuit to court.

(6) Dispute resolution procedures for healthcare facilities under the management of the Ministry of Health but other than hospitals:

- When a medical accident occurs and there is a dispute that needs to be resolved, at the request of the patient, the patient's representative, the practitioner(s), the investigation body, or the court, the healthcare facility shall send a request to the Department of Health in writing to establish an Expert Panel together with documents related to the dispute. The conclusion of the Expert Panel of the Ministry of Health is final and conclusive;

- In case the parties to dispute do not agree with the conclusion of the Expert Panel established by the Ministry of Health, the parties shall file a lawsuit to court.

Dispute resolution procedures upon occurrence of medical accidents in Vietnam (Internet image) 

Regulations on organization of the Expert Panel in Vietnam

Pursuant to Article 48 of Circular 32/2023/TT-BYT, the organizational structure and number of members of the Expert Panel include:

- President: 1 person;

- Deputy President: 1-2 people;

- Members: At least 3 people;

- Secretary: At least 1 person.

Principles for establishing the Expert Panel:

- Ensure independence, objectivity, and no conflicts of interest;

- Panel members must have a scope of practice or professional qualifications related to medical accidents;

- The number of members of the Panel (including the President) must be an odd number.

Mai Thanh Loi

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