What is Medical Assessment Council? Authority of the Medical Assessment Council in Vietnam

What is Medical Assessment Council? Authority of the Medical Assessment Council in Vietnam (Internet image)

1. What is Medical Assessment Council?

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.

(Article 1 of Circular 01/2023/TT-BYT)

2. Composition of MACs in Vietnam

Composition of MACs is specified in Article 2 of Circular 01/2023/TT-BYT:

- 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.

- 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 the Government’s Decree No. 131/2021/ND-CP dated December 30, 2021 on elaboration and measures for implementation of the Ordinance on preferential treatment of people with meritorious services to the revolution (hereinafter referred to as “the 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.

- 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 Medical Assessment Council in Vietnam

 - Authority to establish MACs at all levels

+ A provincial MAC shall be established under the decision of a specialized agency affiliated to the provincial People’s Committee.

+ A central MAC shall be established under the decision of the Ministry of Health.

+ The Ministry of National Defense, Ministry of Public Security and Ministry of Transport shall rely on the regulations enshrined in this Circular to decide to establish a ministerial MAC under point b clause 2 Article 161 of the Decree No. 131/2021/ND-CP.

- Authority of a provincial MAC

+ Carry out the first assessment and reassessment of patients who are working, residing or staying in their provinces.

+ Carry out first assessment and reassessment of patients under the management of the Ministry of Public Security or Ministry of Transport if the agency managing such patients or standing agency of the MAC of the Ministry of Public Security or Ministry of Transport makes a written request for medical assessment.

- Authority of a ministerial MAC

Every ministerial MAC shall carry out medical assessment as prescribed in clause 2 Article 162 of the Decree No. 131/2021/ND-CP.

- Authority of central MAC

+ 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.

- Authority of MAC for special reassessment

Carry out special reassessment of patients when the patients or their legal representatives disagree with the medical assessment conclusion given by the central MAC or by the MAC for final reassessment affiliated to the Ministry of National Defense or Ministry of Public Security.

(Articles 3, 4, 5, 6, 7 of Circular 01/2023/TT-BYT)

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