Regulations on patient’s representative in Vietnam from January 1, 2024

Regulations on patient’s representative in Vietnam from January 1, 2024 are clearly stated in the Law on Medical Examination and Treatment 2023 (effective as of January 1, 2024), specifically as follows:

Who is patient’s representative?

Pursuant to Clause 12, Article 2 of the Law on Medical Examination and Treatment 2023, patient’s representative is a person acting on behalf of a patient to carry out his/her rights and obligations under this Law within the range of representation responsibilities.

Regulations on patient’s representative in Vietnam from January 1, 2024 (Internet image)

Regulations on patient’s representative in Vietnam

Article 8 of the Law on Medical Examination and Treatment 2023 stipulates patient's representative as follows:

- A patient may choose only one representative at a time.

- A patient's representative must have full civil capacity, and may be:

= a person elected by an adult patient;

= a person chosen by a family member of the patient if the adult patient neither makes his/her own decision nor grants authorization before falling into a state of impaired or difficult cognition and behavior control;

= either his/her authorized representative or legal representative defined under the regulatory provisions of the Civil Code;

= a legal representative of a juridical person pursuant to the Civil Code, or the person assigned by a juridical person who is responsible for monitoring, care, custody, nursing or upbringing of that patient as per the Civil Code;

= a person other than those specified in point a, b, c and d of clause 2 of Article 8 of the Law on Medical Examination and Treatment 2023, but voluntarily taking on that patient's obligations in accordance with the Civil Code.

- A patient’s representative may be changed in the following cases:

= In order to change the representative referred to in point a of clause 2 of Article 8 of the Law on Medical Examination and Treatment 2023, confirmation shall be provided by the patient as a principal;

= In order to change the representative referred to in point b of clause 2 of Article 8 of the Law on Medical Examination and Treatment 2023, confirmation shall be provided by the patient as a principal or the patient’s family member;

= In order to change a representative who is also a parent of a minor (or juvenile) patient, the patient’s confirmation shall not be required;

= If the representative is a guardian; is designated by the Court; is a legal representative of a juridical person or a person assigned by a juridical person, the change of that representative shall be effected by enforcing the authorization decision of a competent entity or organization;

= If the representative is an authorized representative, the change of that representative shall be effected by enforcing the power of attorney by operation of law.

- Rights and obligations of representatives, legal consequences arising from the act of representation, term of representation, scope of representation activities shall be subject to the regulatory provisions of the Civil Code and other relevant laws.

Who is considered the patient’s family?

Pursuant to Clause 11 Article 2 of the Law on Medical Examination and Treatment 2023, patient’s family includes:

- His/her spouse; natural parent, adoptive parent, parent-in-law; natural child, adopted child, daughter-in-law, son-in-law or other family member who is as defined in the Law on Marriage and Family;

- His/her representative;

- Anyone who directly cares for the patient during the period of his/her medical examination or treatment at a medical establishment, other than practitioners.

Mai Thanh Loi

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