What are the components of the Medical Assessment Council in Vietnam?

What are the components of the Medical Assessment Council in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Principles of establishment of Medical Assessment Councils in Vietnam

Article 1 of Circular 01/2023/TT-BYT stipulating the principles of establishment of Medical Assessment Councils in Vietnam as  follows:

- Medical Assessment Councils (MACs) at all levels refer to the medical councils established to evaluate health status and rate bodily impairment (if any) by injuries, diseases, abnormalities, deformities or malformations at the request of an agency, organization or individual.

- Every MAC shall use its own seal for certifying the medical assessment reports. The term of an MAC shall be 05 (five) years from the day on which its establishment decision is signed, except for the MAC for special reassessment.

- Composition of an MAC:

+ A provincial/ministerial/central MAC has 05 (five) members and operates under the dual office holding regime. Those members include a Chair, Deputy Chair, standing member and specialized members;

+ An MAC for special reassessment has at least 05 (five) members and operates under the dual office holding regime. Those members include a Chair, Deputy Chair, Standing Member and specialized members.

- Members of an MAC and assessors who previously participated in medical assessment of a patient shall not participate in the MAC for special reassessment.

2. What are the components of the Medical Assessment Council in Vietnam?

According to Article 2 of Circular 01/2023/TT-BYT, the Medical Assessment Council consists of the following components:

(1) Composition of a provincial MAC:

- A Chair who is a senior representative of the specialized agency affiliated to the People’s Committee of a province or central-affiliated city assigned to exercise its function of state management of medical assessment (hereinafter referred to as “specialized agency affiliated to provincial People's Committee”);

- Two Deputy Chairs: a Standing Deputy Chair who is a senior representative of the provincial MAC’s standing agency; a Specialized Deputy Chair who is a senior representative of the provincial general hospital;

- Members who are assessors, including a standing member who is a public employee of the provincial MAC.

(2) Composition of a central MAC:

- A Chair who is a senior representative of a hospital affiliated to the Ministry of Health and assigned tasks by the Minister of Health;

- A Deputy Chair who is a senior representative of the standing agency specified in clause 3 Article 161 of Decree No. 131/2021/ND-CP

- Members who are assessors, including a standing member who is a public employee of the central MAC's standing agency.

(3) Composition of an MAC for special reassessment:

- A Chair who is a senior representative of the Vietnam Administration of Medical Services;

- A Deputy Chair who is the Chair of a central MAC or Chair of a ministerial MAC having the authority to carry out special reassessment;

- Members who are assessors, including a standing member who is a public employee of the central MAC's standing agency or ministerial MAC’ standing agency having the authority to carry out special reassessment.

3. Authority of central MAC in Vietnam

The Central Medical Assessment Council in Vietnam has the authority to:

- Carry out the first assessment and reassessment of patients who are working, residing or staying in provinces and central-affiliated cities under the assignment decision of the Minister of Health at the request of the agency managing such patients, except for people with meritorious services to the revolution, their relatives and people with disabilities.

- Carry out special reassessment in the following cases:

+ The case is beyond the specialized capacity of the provincial MAC or MAC of the Ministry of Transport;

+ The patient or his/her legal representative disagrees with the conclusion given by the provincial MAC or MAC of the Ministry of Transport;

+ The special reassessment of a patient under the management of the Ministry of Public Security is requested by the agency managing such patient or standing agency of the MAC of the Ministry of Public Security.

(Article 6 of Circular 01/2023/TT-BYT)

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