Chapter III
TASKS, POWERS AND WORKING RELATIONSHIP OF MEDICAL ASSESSMENT COUNCILS
Section 1. TASKS AND POWERS OF MEDICAL ASSESSMENT COUNCILS
Article 8. Tasks and powers of Central Medical Assessment Councils
1. Central Medical Assessment Councils shall carry out assessment and final reassessment in the following cases:
a) The assessment case is beyond the specialized capacity of Provincial or Ministerial Medical Assessment Councils;
b) The relevant individual or organization disagrees with the conclusion given by the Provincial or Ministerial Medical Assessment Council and requests for a final reassessment;
c) The assessment is carried out at the request of the Department of Medical Service Administration and to serve other tasks according to the Minister of Health’s decision.
2. Division of operating provinces of Central Medical Assessment Councils:
a) Central Medical Assessment Council No. I shall take charge of assessment and final reassessment of patients living in the following provinces or central-affiliated cities: Ha Noi, Hai Phong, Quang Ninh, Ha Giang, Lang son, Tuyen Quang, Lao Cai, Cao Bang, Yen Bai, Lai Chau, Dien Bien, Son La, Phu Tho, Vinh Phuc, Bac Can, Thai Nguyen, Bac Giang, Bac Ninh, Hai Duong, Hung Yen, Hoa Binh, Ninh Binh, Nam Dinh, Ha Nam, Thai Binh, Thanh Hoa, Nghe An, Ha Tinh and patients of the Ministry of Public Security, the Ministry of National Defence, and the Ministry of Transport at the request of managing agencies of such patients, depending on their places of residence or working;
b) Central Medical Assessment Council No. II shall take charge of assessment and final reassessment of patients living in the following provinces or central-affiliated cities: Quang Binh, Quang Tri, Thua Thien Hue, Da Nang, Quang Nam, Quang Ngai, Binh Dinh, Phu Yen, Kon Tum, Gia Lai, Dak Lak, and patients of the Ministry of Public Security, the Ministry of National Defence, and the Ministry of Transport at the request of managing agencies of such patients, depending on their places of residence or working;
c) Central Medical Assessment Council No. III shall take charge of assessment and final reassessment of patients living in the following provinces or central-affiliated cities: Khanh Hoa, Ninh Thuan, Binh Thuan, Tay Ninh, Binh Duong, Binh Phuoc, Dong Nai, Dak Nong, Lam Dong, Ba Ria - Vung Tau, Ho Chi Minh City, Long An, Tien Giang, Ben Tre, Vinh Long, Can Tho, Tra Vinh, Hau Giang, Soc Trang, An Giang, Dong Thap, Kien Giang, Bac Lieu, Ca Mau, and patients of the Ministry of Public Security, the Ministry of National Defence, and the Ministry of Transport at the request of managing agencies of such patients, depending on their places of residence or working.
Article 9. Tasks and powers of Provincial Medical Assessment Councils
1. Provincial Medical Assessment Councils shall carry out the first assessment and reassessment of patients who are working, residing or staying in their provinces.
2. A Provincial Medical Assessment Council shall not carry out reassessment of a person who has been given assessment conclusion from a Central Medical Assessment Council in respect of the same matter of assessment.
Article 10. Tasks and powers of Ministerial Medical Assessment Councils
A Ministerial Medical Assessment Council shall carry out the first assessment and reassessment of patients under the management of such Ministry as prescribed by law.
Article 11. Tasks and powers of Medical Assessment Council for special reassessment
Provide special assessment of patients who have received final assessment from Central Medical Assessment Councils, and perform other tasks according to the Minister of Health’s decision.
Section 2. WORKING RELATIONSHIP OF MEDICAL ASSESSMENT COUNCILS OF ALL LEVELS
Article 12. Working relationship of Central Medical Assessment Councils
1. Ministry of Health:
The Minister of Health shall sign decisions on establishment, strengthening, appointment or dismissal of members of Central Medical Assessment Councils at the request of the Standing Agencies of Central Medical Assessment Councils and the Department of Medical Service Administration affiliated to the Ministry of Health, and direct all operations of Central Medical Assessment Councils.
2. Hospitals of which Departments are Standing Agencies of Medical Assessment Councils and other public health facilities:
a) Central Medical Assessment Councils and Hospitals of which Departments are Standing Agencies of Medical Assessment Councils and other public health facilities shall cooperate in performing medical assessment tasks;
b) Hospitals shall facilitate Central Medical Assessment Councils and their Standing Agencies’ use of their medical devices and facilities for carrying out medical assessment in accordance with regulations of law.
3. Standing agencies of Central Medical Assessment Councils:
Standing agencies of Central Medical Assessment Councils shall perform activities to fulfill the Council’s tasks as follows:
a) Review to ensure the compliance of assessment documents with regulations of laws;
b) Act as contact points in charge of organizing assessment sessions and conclusion meetings of Central Medical Assessment Councils in accordance with Chapter IV of this Circular and other relevant legislative documents;
c) Receive and handle works relating medical assessment and proposals or queries about the medical assessment given by Central Medical Assessment Councils;
d) Play the leading role and cooperate with relevant agencies in performing organizational structure and personnel-related tasks so as to ensure that a Central Medical Assessment Council shall have adequate members as prescribed in Clause 2 Article 4 of this Circular;
dd) Provide professional and specialized instructions about medical assessment for Standing Agencies of Provincial and Ministerial Medical Assessment Councils in their assigned operating provinces as prescribed in Clause 2 Article 8 of this Circular;
e) Manage the seals of Central Medical Assessment Councils;
g) Ensure funding for covering operating costs of Central Medical Assessment Councils and fulfilling liabilities as prescribed in regulations of law on medical assessment fees and charges;
h) Retain medical assessment case documents as prescribed by law.
4. Working relationship of Central Medical Assessment Councils:
Central Medical Assessment Council No. I, Central Medical Assessment Council No. II and Central Medical Assessment Council No. III maintain the same-level relationship and must not bear the direction from each other in performing their medical assessment tasks and powers.
5. Relationship between a Central Medical Assessment Council and a Provincial Medical Assessment Council:
The Central Medical Assessment Council shall take charge of carrying out final reassessment of patients who have received assessment from the Provincial Medical Assessment Council.
Article 13. Working relationship of Provincial Medical Assessment Councils
1. Provincial Medical Assessment Councils shall maintain working relationship with Central Medical Assessment Councils as prescribed in Clause 5 Article 12 of this Circular.
2. Working relationship between a Provincial Medical Assessment Council and the Department of Health of that province or city:
a) Director of the Provincial Department of Health shall issue decisions on establishment, strengthening, appointment and dismissal of members of the Provincial Medical Assessment Council at the request of the heads of the Council's Standing Agency and the Personnel and Organization Division of the Provincial Department of Health;
b) The Provincial Department of Health shall be responsible for state management of medical assessment tasks performed by the Provincial Medical Assessment Council.
3. Working relationship between Provincial Medical Assessment Councils and their Standing Agencies:
The Standing Agency of a Provincial Medical Assessment Council shall be the Provincial Medical Assessment Center and perform activities to fulfill the Council’s tasks as follows:
a) Review to ensure the compliance of assessment documents with regulations of laws;
b) Act as the contact point that shall assist the Provincial Medical Assessment Council in organizing medical assessment sessions and conclusion meetings according to the provisions of Chapter IV of this Circular;
c) Handle works relating medical assessment sessions and proposals or queries about the medical assessment given by the Provincial Medical Assessment Council. Handling result reports on these works shall bear the signature of a competent person and the seal of the Provincial Medical Assessment Center. The seal of Provincial Medical Assessment Center shall not be used for certifying medical assessment reports;
d) Act as the contact point in proposing organization and performance of medical assessment tasks by the Provincial Medical Assessment Council. Play the leading role and cooperate with relevant agencies in performing organizational structure and personnel-related tasks so as to ensure that the Provincial Medical Assessment Council shall have adequate members as prescribed in Clause 2 Article 5 of this Circular;
dd) Manage the seal of the Provincial Medical Assessment Council;
e) Retain medical assessment case documents as prescribed by law;
g) Ensure funding for covering operating costs of the Provincial Medical Assessment Council and fulfilling liabilities as prescribed in regulations of law on medical assessment fees and charges.
4. Working relationship between Provincial Medical Assessment Councils and Medical Assessment Councils of Ministry of Public Security, Ministry of National Defence, and Ministry of Transport:
Carry out assessment of patients under the management of the Ministry of Public Security, Ministry of National Defence, or Ministry of Transport at the written request of managing agencies of such patients.
Article 14. Working relationship of Ministerial Medical Assessment Councils
1. Working relationship between Ministerial Medical Assessment Councils and Central Medical Assessment Councils:
Central Medical Assessment Councils have higher authority than Ministerial Medical Assessment Councils. The final reassessment conclusion given by a Central Medical Assessment Council shall replace the assessment conclusion given by a Ministerial Medical Assessment Council in respect of the same patient and assessment contents/purposes according to provisions of this Circular.
2. Working relationship between Ministerial Medical Assessment Councils and Provincial Medical Assessment Councils:
If a Ministerial Medical Assessment Council refuses to carry out assessment of a patient under its management, it shall introduce that patient to the Provincial Medical Assessment Council of the province or city where he/she is living or working.
Article 15. Working relationship of Medical Assessment Councils for special reassessment
1. Ministry of Health:
a) The Minister of Health shall take charge of signing the Decision on establishment of the Medical Assessment Council for special reassessment at the request of the Department of Medical Service Administration to perform specific tasks specified in the Minister of Health’s establishment decision;
b) Give comprehensive direction to the Medical Assessment Council for special reassessment.
2. Working relationship between a Medical Assessment Council for special reassessment and a Central Medical Assessment Council:
a) The conclusion given by the Medical Assessment Council for special reassessment shall replace the final reassessment conclusion given by the Central Medical Assessment Council to the same patient;
b) The Standing Agency of the Medical Assessment Council for special reassessment is the Standing Agency of either the Central Medical Assessment Council No. I or the Central Medical Assessment Council No. II, or the Central Medical Assessment Council No. III according to the decision issued by the Minister of Health in each specific assessment case, and shall perform the following tasks:
- Review the special reassessment documents as prescribed;
- Act as the contact point that shall assist the Medical Assessment Council for special reassessment in organizing its assessment sessions and conclusion meetings in accordance with the provisions of this Circular;
- Ensure funding for covering operating costs of the Medical Assessment Council for special reassessment and fulfilling liabilities as prescribed in regulations of law on medical assessment fees and charges;
- Retain special reassessment case documents in accordance with regulations of law.
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Thông tư 52/2016/TT-BYT (Bản Word)
Thông tư 52/2016/TT-BYT (Bản Pdf)