Enhancement of works regarding forensic, forensic psychiatrists, and involuntary treatment in Vietnam

Enhancement of works regarding forensic, forensic psychiatrists, and involuntary treatment in Vietnam
Nguyen Thi Diem My

On September 9, 2024, the Ministry of Health issued Directive 07/CT-BYT on enhancement of works regarding forensic, forensic psychiatrists, and involuntary treatment in Vietnam

Strengthening  the  Work  of  Forensic  Identification,  Forensic  Psychiatry,  and  Mandatory  Treatment

Enhancement of works regarding forensic, forensic psychiatrists, and involuntary treatment in Vietnam (Image from the internet)

Enhancement of works regarding forensic, forensic psychiatrists, and involuntary treatment in Vietnam

To enhance the work of forensic, forensic psychiatrists, and involuntary treatment, the Ministry of Health of Vietnam requests the Departments of Health of provinces and cities, hospitals directly under the Ministry, hospitals affiliated with universities; the Heads of Health Departments of Ministries, central authorities, medical examination and treatment establishments, forensic, forensic psychiatrists, and involuntary treatment establishments, and relevant units to promptly and strictly implement the following tasks:

- Continue to uphold and promote the achieved results; prevent negative behaviors and violations in professional practice as well as in management at units, such as the incident at the Bien Hoa National Institute of Forensic Psychiatry; this serves as a warning for the entire health sector in general and for medical examination, forensic, forensic psychiatrists, and involuntary treatment establishments in particular.

- Enhance the political integrity of officials, public employees, and workers to resist bribery and temptation; strictly handle organizations and individuals in violation; and reward organizations and individuals who perform well in their assigned duties.

- Strengthen inspection, monitoring, and supervision; further elevate the role of unit heads and departmental leaders; enhance communication and education to raise awareness among healthcare staff and the public about the regulations on medical examination, forensic, forensic psychiatrists, and involuntary treatment, as well as related legal provisions.

- For units conducting forensic, forensic psychiatrists, and involuntary treatment:

+ Receive requests from judicial authorities, organizations, and individuals, ensuring forensic assessments are objective, truthful, accurate, and compliant with the Law on Judicial Expertise, decrees, circulars, and other legal documents of the Ministry of Health of Vietnam and related ministries; accept forensic examination requests only when documentation is complete per the regulations; closely coordinate with related legal bodies during the forensic examination process.

+ Closely collaborate with local authorities and professional agencies, actively signing contracts and working tightly with medical units to conduct specialized examinations and diagnostics for individuals; increase information exchange regarding assessment status and results with the requesting authorities.

+ For mandatory treatment establishments for psychiatric patients, in addition to the above requirements, strictly adhere to the following:

++  Accept,  manage,  and  treat  patients  under  mandatory  treatment  as  per  the  Law  on  Execution  of  Criminal  Judgments  2019  and  Decree  64/2011/ND-CP  dated  July  28,  2011,  by  the  Government  of  Vietnam  detailing  the  implementation  of  mandatory  treatment;  follow  the  regulations  of  the  Ministry  of  Health  and  other  related  legal  documents.

++  Review  and  organize  departments  to  fit  the  unit's  actual  conditions;  arrange  separate  rooms  and  security  support  for  individuals  at  risk  of  escape  or  posing  a  security  threat  to  healthcare  staff;  install  monitoring  cameras;  review  and  amend  unit  procedures  and  regulations  for  suitability  and  effectiveness;  strictly  manage  entry  and  exit  for  mandatory  treatment  departments.

++  Actively  coordinate  closely  with  local  authorities,  law  enforcement,  related  judicial  authorities,  and  patients'  families  in  accepting,  managing,  and  treating  mandatory  treatment  patients.

- For medical examination and treatment establishments:

+ Conduct medical examinations and treatments; issue summaries of medical records, injury certificates, and disease and treatment certificates, particularly for psychiatric conditions, adhering strictly to diagnostic and treatment regulations, medical examination, and treatment techniques, hospital regulations, and other related stipulations.

+ Heads of units, and related collectives and individuals, shall be held accountable if documents are improperly issued, enabling individuals to misuse these documents as a basis to request judicial authorities for medical, forensic, and forensic psychiatry examinations to evade legal consequences when committing crimes.

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