Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Law provides the rights and obligations of patients, medical practitioners and medical examination and treatment establishments; conditions on medical practitioners and medical examination and treatment establishments; professional and technical requirements for medical examination and treatment; application of new techniques and methods to medical examination and treatment; professional and technical mistakes, settlement of complaints, denunciations and disputes related to medical examination and treatment; and conditions to assure medical examination and treatment.
Article 2. Interpretation of terms
In this Law, the terms below are construed as follows:
1. Medical examination means the inquiry into diseases and medical history, physical examination, and instruction for paraclinical testing or functional probe, when necessary, for diagnosis and instruction of recognized appropriate treatment methods.
2. Medical treatment means the use of recognized professional and technical methods and drugs licensed for circulation for first aid, cure, care and functional rehabilitation of patients.
3. Patient means a user of medical examination and treatment services.
4. Medical practice certificate means a document granted by a competent state agency to a person eligible for professional practice under this Law.
5. License for medical examination and treatment means a document granted by a competent state agency to a medical examination and treatment establishment eligible for operation under this Law (below referred to as operation license).
6. Medical practitioner means a person possessing a medical practice certificate and practicing medical examination and treatment (below referred to as practitioner).
7. Medical examination and treatment establishment means a fixed or mobile establishment possessing an operation license and providing medical examination and treatment services.8.
8. Herbalist means a person knowledgeable about traditional theories and experienced in providing examination and treatment with traditional medicine methods with or without drugs, which are recognized by the Ministry of Health or provincial-level Health Departments after consulting the Central Oriental Medicine Council or provincial-level Oriental Medicine Councils.
9 Owner of a family herbal remedy or treatment method means a person owning an old remedy or treatment method passed from one generation to another of a family or family line, which effectively cures one or some diseases or symptoms and is recognized by a provincial-level Health Department after consulting a provincial-level Oriental Medicine Council.
10. Continued updating of medical knowledge means a practitioner's attendance to short-term health training courses, conferences and seminars related to his/her professional practice under programs approved or recognized by the Ministry of Health and receipt of training certificates under the Health Minister's regulations.
11. Abandoned patient means a patient in an emergency state, suffering from a mental disease or being abandoned, including infants abandoned at medical examination and treatment establishments, without personal identification papers and whose address of residence is unknown.
12. Consultation means a discussion between practitioners on the disease status of a patient for diagnosis and introduction of appropriate and timely treatment methods.
13. Incident in medical examination and treatment means consequences harming the health or life of a patient caused by professional and technical mistakes in medical examination
and treatment or unexpected misfortunes in medical examination and treatment even though
a practitioner has observed professional and technical regulations.
Article 3. Principles for medical practice
1. To ensure equality, fairness and non-discrimination for patients.
2. To respect patients' rights; to keep confidential information on the health status and privacy of patients indicated in their case history dossiers, except the cases specified in Clause 2. Article 8: Clause 1. Article II; and Clause 4. Article 59. of this Law.
3. To promptly and properly observe professional and technical regulations.
4. To prioritize medical examination and treatment for cases of emergency, under-6 children, sufferers of serious disabilities, people aged full 80 or older; people with contributions to the revolution; and pregnant women.
5. To guarantee professional ethics of practitioners.
6. To respect, cooperate with, and protect practitioners on duty.
Article 4. State policies on medical examination and treatment
1. To prioritize budget to meet people's basic needs for medical examination and treatment. To allocate budget to healthcare for people with contributions to the revolution, children, poor people, farmers, ethnic minority people and inhabitants in areas meeting with socio-economic difficulties or extreme socio-economic difficulties.
2. To increasingly develop human resources for the health sector, especially in areas meeting with socio-economic difficulties or extreme socioeconomic difficulties. To rotate on a definite term practitioners at medical examination and treatment establishments from higher to lower levels and from areas without socio-economic difficulties to those with socio-economic difficulties or extreme socio-economic difficulties.
3. To enhance the socialization of medical examination and treatment activities; to encourage organizations and individuals to invest in developing medical examination and treatment services.
4. To encourage scientific and technological research and application to medical examination and treatment.
5. To combine western medicine with traditional medicine in medical examination and treatment.
Article 5. State management responsibilities for medical examination and treatment
1. The Government shall perform the unified state management of medical examination and treatment.
2. The Ministry of Health shall take responsibility before the Government for performing the state management of medical examination and treatment and has the following tasks and powers:
a/ To elaborate and promulgate according to its competence or submit to competent authorities for promulgation legal documents and technical regulations on medical examination and treatment; development strategies and master plans on the system of medical examination and treatment establishments;
b/ To direct, guide, disseminate, and organize the implementation of, legal documents on medical examination and treatment; and development strategies and master plans on the system of medical examination and treatment establishments;
c/ To uniformly manage the grant, re-grant and revocation of medical practice certificates and operation licenses;
d/ To establish and manage a national database on practitioners and medical examination and treatment establishments.
e/ To inspect, examine, settle complaints and denunciations and handle violations of the law on medical examination and treatment;
f/ To provide training, continued training and refresher training for human resources; to guide the rotation of practitioners; to study and apply science and technology to medical examination and treatment;
g/ To carry out international cooperation on medical examination and treatment; to recognize medical practice certificates of other countries; to guide humanitarian medical examination and treatment; to cooperate with foreign experts, to transfer new technologies and treatment methods.
3. The Ministry of National Defense shall, within the ambit of its tasks and powers, organize and guide medical examination and treatment at establishments under its management in accordance with this Law and suitable to the army's actual conditions.
4. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, collaborate with the Ministry of Health in performing the state management of medical examination and treatment.
5. People's Committees of provinces and centrally run cities (below referred to as provincial level) shall, within the ambit of their tasks and powers, perform the state management of medical examination and treatment in their localities.
Article 6. Prohibited acts
1. Refusing to provide or intentionally delaying first aid for patients.
2. Providing medical examination and treatment without a medical practice certificate or during the time subject to suspension from professional practice; providing medical examination and treatment services without an operation license or during the time subject to suspension from operation.
3. Practicing medical examination and treatment or providing medical examination and treatment services outside the scope of professional operation under a medical practice certificate or operation license, except cases of emergency.
4. Hiring, borrowing, leasing or lending medical practice certificates or operation licenses.
5. Practitioners selling drugs to patients in any forms, except herb doctors, herb assistant doctors, herbalists and owners of family remedies.
6. Applying medical professional methods and techniques which have not been recognized and using drugs which have not been licensed for circulation, in medical examination and treatment.
7. Advertising professional capacity and qualifications untruthfully or beyond the scope of professional operation under medical practice certificates or operation licenses; abusing traditional herbal medicament knowledge or other medical knowledge to advertise treatment methods or drugs untruthfully.
8. Using superstitions in medical examination and treatment.
9. Practitioners drinking alcohol or beer or smoking or having an alcoholic concentration in blood or breath when providing medical examination and treatment.
10. Infringing upon patients' rights; failing to observe professional and technical regulations in medical examination and treatment; taking advantage of positions and powers in medical examination and treatment: abusing the profession to harm the honor, dignity and body of patients: erasing and modifying case history dossiers to falsify information on medical examination and treatment.
11. Harming the health, life, honor and dignity of practitioners.
12. Obstructing patients in need of compulsory treatment in admitting to medical examination and treatment establishments or intentionally providing treatment for those not in need of compulsory treatment.
13. Medical cadres, civil servants and public employees establishing, engaged in the establishment or management and administration of, private hospitals or medical examination and treatment establishments set up and operating under the Enterprise Law or the Law on Cooperatives, unless they are assigned by competent state agencies to manage and administer state-funded medical examination and treatment establishments.
14. Bribe giving, taking and broking in medical examination and treatment.
Tìm kiếm
Luật khám bệnh, chữa bệnh 2009 (Bản Word)
