Law on Medical Examination and Treatment of Vietnam 2023

LAW

ON MEDICAL EXAMINATION AND TREATMENT

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly herein enacts the Law on Medical Examination and Treatment.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law prescribes the rights and obligations of patients; medical practitioners; medical establishments; professional and technical expertise in healthcare; healthcare provided by application of the traditional medicine and the combination of the traditional medicine and the modern medicine; humanitarian or not-for-profit healthcare; transfer of professional and technical expertise in healthcare; application of new techniques, new methods and clinical trials; errors related to professional and technical expertise; preconditions for health care operations; mobilization and dispatch of resources for use in healthcare in case of occurrence of natural disasters, catastrophes, group-A infectious diseases or state of emergency.

Article 2. Definitions

For the purposes of this Law, the terms used herein shall be construed as follows:

1. Medical examination is a medical practitioner’s using professional knowledge, methods and techniques to assess a patient’s health status, risks and care needs.

2. Medical treatment is a medical practitioner’s using professional knowledge, methods and techniques to solve a health condition, prevent the occurrence and progression of a disease, or meet a patient’s health care needs according to medical examination results.

3. Patient is a user of medical examination and treatment services.

4. Medical practitioner is a person who has been granted a license to practice medicine by a competent authority of Vietnam.

5. License to practice medicine is a written document issued by a competent authority of Vietnam to a person fully qualified to practice medical examination and treatment in accordance with this Law (hereinafter referred to as practising license).

6. Medical establishment is an entity that has been granted a license to provide health services by a competent authority of Vietnam.

7. License to provide medical services is a written document issued by a competent authority of Vietnam to an entity fully satisfying conditions for provision of health care services in accordance with this Law (hereinafter referred to as operating license).

8. Folk remedy or therapy is a medical remedy or therapy which is based on beliefs and practices handed down by a clan or family, and effectively cures one or several diseases after it is accredited by a specialized health authority under a provincial People’s Committee.

9. Holder of a folk remedy or therapy is the person reserving the right to keep a remedy or therapy specified in clause 8 of this Article.

10. Patient without family is a person who falls into one of the following cases:

a) The patient in a state of emergency does not have any identification papers, is not accompanied by his/her family, or has no family contact information;

b) At the time of entering a medical establishment, the patient loses or has difficulties in cognition, control of his/her behavior, and has no identification papers, no family, or no family contact information;

c) At the time of entering a medical establishment, the patient whose identity has been discovered loses or has difficulties in cognition, control of his/her behavior, and has no family, or no family contact information;

d) A child under 6 months of age is abandoned at a medical establishment.

11. Patient’s family, including:

a) 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;

b) His/her representative;

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

12. 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.

13. Person in charge of professional practices of a medical establishment is the legal representative of a medical establishment for all professional activities of that medical establishment.

14. Continuously update medical knowledge is the act of acquiring new medical knowledge and skills suitable for the range of activities involved in the practice of medicine pursuant to regulations promulgated by the Minister of Health.

15. State of emergency is a health condition or behavior unexpectedly happening to a person that, if not monitored and intervened in time, can lead to an impairment of bodily functions, serious and long-lasting damage to any organ or part of body or death of that person, or a serious threat to the health or life of other person(s).

16. Consultation is a discussion between a group of practitioners about a patient’s medical condition in order to advise on appropriate and timely medical diagnosis and treatment.

17. Medical record is a collection of data, including personal information, medical check-up results, subclinical test results, functional assessment results, diagnosis, treatment, care procedures and other relevant information existing in the course of treatment of a patient at a medical establishment.

18. Functional rehabilitation is a set of interventions, including medical procedures, functional recovery techniques, assistive technologies, educational, vocational, social and environmental measures, that is designed to help a patient improve, gain and maintain his/her best functions; prevent and reduce disability in his/her corresponding living environment.

19. Telemedicine is a form of clinical service rendered by application of telecommunication equipment and information technology without direct contact between practitioners and patients.

20. Health check-up is a medical examination carried out to serve the purposes of health assessment, classification, disease detection and management.

21. Medical assessment is a medical procedure performed to evaluate health status and rate bodily impairment by injuries, diseases, abnormalities, deformities or malformations at the request or discretion of an entity or person.

22. Medical incident is an unexpected or unusual situation that occurs in the delivery of healthcare for subjective or objective reasons.

23. Medical accident is a medical incident that causes harm to a patient’s health or life due to one of the following causes:

a) Any unintentional risk that occurs even though the medical practitioner has followed regulations and instructions on technical expertise in healthcare;

b) Errors in professional and technical expertise in healthcare (hereinafter referred to as medical error).

Article 3. Principles of provision of medical services

1. Respect, protect, and treat patients equally, and stop stigma or discrimination towards patients.

2. Give priority to have access to medical services to patients in a state of emergency; children aged under 6 years; pregnant women; people with extremely severe disabilities; people with severe disabilities; people aged 75 years or older; people rendering meritorious services to the revolution, depending on the particular characteristics of each medical establishment.

3. Respect, cooperate with and protect practitioners and other persons on duty at medical establishments.

4. Promptly implement and comply with regulations on professional and technical expertise in healthcare.

5. Comply with the code of professional ethics in the practice of medicine approved by the Minister of Health.

6. Ensure equality and fairness among medical establishments.

Article 4. State policies on healthcare

1. The State plays a leading role in promotion of healthcare activities; mobilize social resources needed for delivery of medical services.

2. Priority to have access to state budget shall be given to the following activities:

a) Developing medical establishments under the grassroots health care or out-of-hospital emergency care system; concentrate investments in medical establishments in border areas, islands, ethnic minority and mountainous areas, poor areas or extreme poor areas;

b) Delivering healthcare to people rendering meritorious services to the revolution; children, the elderly, people with disabilities, people from poor households, people from near-poor households; people living in border areas, islands, poor areas, extreme poor areas; people with mental illness, leprosy; people suffering Group-A infectious diseases; people suffering group-B infectious diseases specified in the List adopted by the Minister of Health;

c) Further promoting workforce in the health industry, especially personnel working in infectious diseases, psychiatry, anatomic pathology, forensic medicine, forensic psychiatry, resuscitation in emergency medicine, and other subspecialties or branches that need to be preferred to meet socio-economic development needs and conditions over time in accordance with the Government’s regulations;

d) Conducting and applying researches in science, technology and digital transformation in the healthcare industry.

3. Promoting public-private partnership; applying investment incentives in the healthcare industry. Medical establishments shall be entitled to incentive loans to invest in improving the quality of medical services; be exempt from corporate income taxes on the undivided portion of income that is retained as their capital investments.

4. Investing in healthcare facilities in poor areas, extreme poor areas and not-for-profit medical establishments that are defined as those in the industries and sectors entitled to special investment incentives in the List of industries and professions entitled to investment incentives.

5. Carrying out the personnel rotation policy under which practitioners are transferred among state-owned medical establishments.

6. Granting special remuneration policies to practitioners.

7. Adopting policies for development of human resources in hospital management and administration.

8. Promoting the roles of healthcare socio-professional organizations in medical examination and treatment services.

9. Upholding and promoting traditional medicine; combining traditional medicine with modern medicine.

10. Combining military and civil medicine in healthcare.

Article 5. State management of healthcare

1. Objectives of the State management of healthcare, including:

a) Formulate, promulgate and organize the implementation of legal documents on healthcare; adopt a system of technical standards and regulations on healthcare;

b) Develop, adopt and implement healthcare strategies, policies, programs, projects and plans;

c) Formulate, adopt and implement the planning scheme on development of the system of medical establishments in accordance with law on planning;

d) Set forth regulatory provisions regarding professional and technical expertise, criteria, standards and regulations in healthcare;

dd) Organize, design and manage the system of medical establishments; assess the quality of medical establishments;

e) Confer, suspend and revoke practising licenses of practitioners; operating licenses of medical establishments;

g) Provide training courses designed to develop human resources needed for delivery of medical services; provide education about, propagate and disseminate knowledge and laws on medical examination and treatment; offer guidance on application of the policy for rotation of practitioners;

h) Conduct scientific and technological researches; develop science and technology; transfer technologies in healthcare;

i) Design, run and administer the healthcare management information system;

k) Carry out the State management of prices of medical services in accordance with this Law and other legislation on prices;

l) Seek international cooperation in the health industry;

m) Inspect and handle complaints or accusations, and sanction any violation arising in healthcare.

2. Responsibilities for the State management of healthcare shall be subject to the following regulations:

a) The Government shall be responsible for the uniform state management of healthcare;

b) The Ministry of Health shall be held accountable to the Government for its state management of healthcare;

c) The Ministry of National Defense and the Ministry of Public Security shall, within the range of their tasks and powers, perform the state management of healthcare, and take responsibility for organizing the healthcare systems and services under their jurisdiction pursuant to this Law;

d) Ministries and Ministry-level agencies shall, within the ambit of their duties and powers, have the burden of cooperating with the Ministry of Health in performing the task of State management of healthcare;

dd) People’s Committees at all levels shall perform the state management of healthcare in areas falling within their relevant remit.

Article 6. Healthcare socio-professional organizations

Healthcare socio-professional organizations set up and run in accordance with laws on organizations and associations shall assume the following responsibilities:

1. Protect legal rights and interests of their members in accordance with laws;

2. Take part in the process of formulation of policies and laws on medical examination and treatment;

3. Engage with expert or professional councils or panels; get involved in designing academic curricula, syllabi, professional and technical documents; in giving proficiency tests designed to assess examinees’ competency in the practice of medicine; in supervising the practice of medicine, and continuously updating medical knowledge at the request of competent entities or organizations;

4. Disseminate professional knowledge, regulatory policies and laws on medical examination and treatment to members, and provide them with training courses on these matters in accordance with law;

5. Carry out healthcare research programs and projects; provide counsels on and participate in the social supervision and review process towards healthcare in accordance with law;

6. Take part in formulation and implementation of the code of professional ethics; influence members, entities and persons engaged in medical examination and treatment activities to comply with laws;

7. Mobilize social resources needed for healthcare services to be rendered in accordance with laws;

8. Petition competent State agencies to punish offences against law on medical examination and treatment.

Article 7. Prohibited acts in healthcare services

1. Infringe patients’ rights.

2. Refuse or intentionally delay to refer patients to emergency care services, except as defined in Article 40 herein.

3. Carry out healthcare services that do not satisfy the conditions set out in Article 19 herein.

4. Deliver healthcare services that do not fall within the scope of practice or operation permitted by competent authorities, except in case of emergency care needed, or as these healthcare services are delivered under the mobilization or dispatch decisions of competent authorities in case of natural disaster, catastrophe, group-A infectious disease or state of emergency.

5. Practice medicine at the time or place which is not stated in the registration for practice of medicine, except as specified in clause 3 of Article 36 herein.

6. Fail to comply with regulations on professional and technical expertise in healthcare; use any professional method and technique, or medical equipment that has not been approved by competent authorities.

7. Prescribe medications that have not obtained marketing authorization as provided in law on pharmacy in healthcare.

8. Commit the act of harassment in the delivery of medical services.

9. Prescribe patients drugs, technical and medical equipment services; suggest referral to other medical establishments to patients, or commit other acts for personal gain.

10. Erase and tamper with medical records in order to falsify information on medical examination and treatment, or create fraudulent medical records or other documents showing medical examination and treatment results.

11. Any practitioner sells drugs in any form, except in the following cases:

a) Traditional medicine doctors, traditional medicine physician assistants or traditional medicine herbalists who sell traditional medications;

b) Holders of folk remedies who sell drugs prescribed according to folk remedies under their registered ownership.

12. Drink alcohols, beers and other alcoholic beverages; use narcotics; smoke tobaccos or cigarettes at medical establishments or while on duty.

13. Use any form of superstition in the distribution of medical services.

14. Refuse to participate in rendering medical services in case of a natural disaster, calamity, group-A infectious disease or a state of emergency according to the mobilization or dispatch decision of the competent body or person, except as defined under the regulatory provisions of point a and b of clause 3 of Article 47 herein.

15. Any medical establishment provides healthcare services if it

a) does not hold any operating license;

b) is under suspension of its operations;

c) delivers healthcare services that do not fall within the scope of permitted professional activities, except in case of emergency, or as these healthcare services are delivered under a mobilization or dispatch decision of the competent authority in response to a natural disaster, catastrophe, group-A infectious disease or state of emergency.

16. rents, borrows; leases or lends out practicing or operating licenses.

17. Misuse a practitioner’s image and status to speak about, propagate and encourage patients to use unrecognized medical tests or therapies.

18. Infringe upon the life and health, or offend the honor and dignity, of practitioners and other people working at medical establishments, or damage or sabotage medical establishments’ property.

19. Prevent patients who are subject to the involuntary treatment requirement from entering medical establishments, or intentionally render involuntary treatment on people who are not subject to the involuntary treatment requirement.

20. Advertise beyond the scope of practice or professional activities approved by a competent authority; abuse medical knowledge to falsely advertise medical services.

21. Publish information not yet validated by competent authorities that medical incidents are ascribed to medical practitioners or medical establishments.

Article 8. Patients’ representatives

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

2. A patient’s representative must have full civil capacity, and may be:

a) a person elected by an adult patient;

b) 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;

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

d) 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;

dd) a person other than those specified in point a, b, c and d of this clause, but voluntarily taking on that patient’s obligations in accordance with the Civil Code.

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

a) In order to change the representative referred to in point a of clause 2 of this Article, confirmation shall be provided by the patient as a principal;

b) In order to change the representative referred to in point b of clause 2 of this Article, confirmation shall be provided by the patient as a principal or the patient’s family member;

c) 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;

d) 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;

dd) 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.

4. 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.

Chapter II

PATIENTS’ RIGHTS AND OBLIGATIONS

Section 1. PATIENTS’ RIGHTS

Article 9. Right of medical examination and treatment

1. Receive information and explanations about the patient’s health status; healthcare methods and services, prices of healthcare services; have access to the instructions for health self-monitoring, self-care and prevention of medical accidents.

2. Have access to medical services rendered by employing the safe healthcare method appropriate for their clinical condition, health status and actual condition of each medical establishment.

Article 10. Right to respect, health protection and privacy in healthcare

1. Patients shall gain respect in terms of their age, gender, ethnicity, religion, personal belief, health status, economic condition, and social status.

2. Patients’ information contained in medical records, and other information about private life that they have provided to practitioners during the course of medical examination and treatment shall be kept confidential, unless as the patient agrees to share information as permitted by laws, or as specified in clause 3 and 4 of Article 69 herein.

3. Patients shall not suffer from stigma, discrimination, mistreatment, physical or sexual abuse during the course of medical examination and treatment.

4. Patients shall not be forced into clinical services, except if they are classified as those subject to involuntary treatment requirements as defined in clause 1 of Article 82 herein.

Article 11. Right to make choices in healthcare

1. Patients shall have freedom to choose any healthcare method after having access to full information, explanations or counsels about their clinical condition, possible results and risks, except as specified in clause 4 of Article 40 herein.

2. Patients shall be given the option to accept or reject participation in biomedical researches for healthcare applications.

Article 12. Right of access to information about medical records and healthcare costs and expenses

1. Patients shall be entitled to read, look at, copy, scan or take notes of medical records, and be provided with medical record summaries pursuant to point d of clause 4 of Article 69 herein.

2. Patients may request itemized hospital bills with a breakdown or explanation of medical service charges to be provided.

Article 13. Right to refuse medical services and leave medical establishments

1. Patients may refuse medical care, but must commit themselves in writing to take responsibility for their refusal after being consulted by practitioners, except for those subject to the involuntary treatment requirement specified in clause 1 of Article 82 herein.

2. Patients may leave medical establishments before the end of the course of their medical treatment to the neglect of practitioners’ medical instructions, but must commit themselves in writing to take responsibility for their leaving, except for those subject to the involuntary treatment requirement specified in clause 1 of Article 82 herein.

Article 14. Right to complain and claim compensation

1. Patients shall be entitled to complain about issues and problems arising from medical services.

2. Patients may claim compensation in accordance with Article 102 herein.

Article 15. Exercise of the rights of the patients who lose their capacity to perform civil acts; have difficulties in cognition, behavior control; have the limited capacity to perform civil acts; of the minor patients; of the patients without families

1. If an adult patient has expressed his/her wish relating to medical care before losing his/her capacity to perform his/her civil acts, and/or facing impairment of his/her cognition, difficulties in control of his/her behavior, or limitation to capacity to perform his/her civil acts, his/her wish shall be respected.

2. If an adult patient has not expressed his/her wish relating to medical care before losing his/her capacity to perform his/her civil acts, and/or facing impairment of his/her cognition, difficulties in control of his/her behavior, or limitation to capacity to perform his/her civil acts, exercise of his/her right shall be subject to the following regulations:

a) if he/she has a representative described in point a, b, c and d of clause 2 of Article 8 herein, the patient’s exercise of his/her right shall follow the representative’s decision;

b) if he/she does not have any representative described in point a, b, c and d of clause 2 of Article 8 herein, the patient’s exercise of his/her right shall follow the decision of the person in charge of professional practices or the shift-working chief at a medical establishment.

3. A minor patient shall comply with the following regulations:

a) If he/she has a representative described in point c and d of clause 2 of Article 8 herein, the patient’s exercise of his/her right shall follow the representative’s decision;

b) if he/she does not have any representative described in point c and d of clause 2 of Article 8 herein, the patient’s exercise of his/her right shall follow the decision of the person in charge of professional practices or the shift working chief at a medical establishment.

Section 2. PATIENTS’ OBLIGATIONS

Article 16. Obligations to respect practitioners and other persons on duty at medical establishments

Patients should respect practitioners; shall be prohibited from performing any act of threatening or infringing upon the life and health, or offending the honor and dignity, of practitioners and other staff members at medical establishments.

Article 17. Obligations to observe medical examination and treatment regulations

1. Provide authentic information and bear responsibility for information relating to their identities and health status; fully cooperate with practitioners and other staff at medical establishments.

2. Comply with regulations on medical diagnosis and therapies prescribed or consulted by practitioners.

3. Comply with and request patients’ family members, relatives or visitors to comply with hospital etiquettes and laws on medical examination and treatment.

Article 18. Obligations to pay healthcare bills

1. Patients holding health insurance policies shall be liable for all costs and expenses that are paid for medical services that are not covered, or greater than the maximum coverage percentages as defined in laws on health insurance.

2. Patients not holding any health insurance policies shall be obliged to pay medical services in accordance with laws.

Chapter III

MEDICAL PRACTITIONERS

Section 1. CONDITIONS FOR PRACTICE OF MEDICINE

Article 19. Conditions for an individual’s eligibility to practise medicine

1. Any individual shall be permitted to provide medical services in Vietnam when fully meeting the following requirements:

a) His/her certificate of practice of medicine remains valid;

b) He/she has obtained registration for practice of medicine, except as prescribed in clause 3 of Article 36 herein;

c) He/she satisfies language proficiency requirements in healthcare as set out in Article 21 herein;

d) He/she reaches health standards required by the Minister of Health;

dd) He/she is not any of those covered in Article 20 herein.

2. Any individual may practise as a medical practitioner without being required to satisfy the conditions specified in point a, b and c of clause 1 of this Article when:

a) he/she is a learner or student studying at a health training institution; a person who is practising as a medical intern before being eligible for a practicing license; a person who is waiting for a practicing license to be conferred and only practice medicine under the supervision of a practitioner;

b) as a village health worker, village midwife or health worker working at a health care agency, unit or organization that is not incorporated as a medical establishment, he/she may only practise medicine within the range of assigned duties and after completing a training course in specialties or professional skills decided by the Minister of Health;

c) he/she is one of the subjects of application of clause 1 of Article 115 herein;

d) he/she is someone else participating in the process of medical care as instructed by the Government.

3. Any foreigner or overseas Vietnamese who has obtained a practicing license issued by a competent foreign agency or organization may organize humanitarian outreach healthcare campaigns at intervals, cooperate in provision of training courses on medicine involving medical internship, or transfer professional techniques in medicine under the provisions of this Law, without the encumbrance of the conditions specified in point a and b of clause 1 of this Article.

4. Any person participating in a community-based medical emergency who is not an out-of-hospital paramedic shall not be required to satisfy the conditions specified in clause 1 of this Article.

Article 20. Medical practitioners subject to prohibition of the practice of medicine

1. Any medical practitioner who is criminally prosecuted for any offence involving their application of professional and technical expertise in healthcare.

2. Any medical practitioner who is serving a suspended sentence or non-custodial correctional sentence for any offence involving their application of professional and technical expertise in healthcare.

3. Any person or individual previously serving imprisoned for an offence involving their application of professional and technical expertise in healthcare, but released on conditional parole, who is being put on probation.

4. Any medical practitioner who serves a prison sentence or is incurring an administrative penalty by being forced into a compulsory reform school or detoxification center.

5. Any medical practitioner who is banned from practicing medicine under a criminal judgment of the court of legal effect, or is subject to a restriction on the practice of medicine pursuant to the decision of a competent authority.

6. Any medical practitioner that loses his/her capacity to perform civil acts or has impaired cognition or difficulties in behavior control, or restricted capacity to perform his/her civil acts.

Article 21. Use of languages in the practice of medicine

1. The language used in the delivery of healthcare is Vietnamese, except as defined in clause 2 of this Article.

2. Any medical practitioner who is a foreigner or overseas Vietnamese (hereinafter referred to as foreign practitioner) may use other languages rather than Vietnamese to provide medical care to patients if:

a) these patients and their practitioners use the same language; these patients are proficient in the languages that medical practitioners have registered for use in their practice of medicine;

b) these patients are foreigners and are not covered in point a of this clause;

c) the humanitarian outreach healthcare campaign organized at intervals; the transfer of professional and technical expertise in healthcare takes place under the cooperation agreement between a medical establishment of Vietnam and a foreign medical establishment.

3. The usage of language prescribed in clause 2 of this Article shall conform to the following regulations:

a) When providing medical care as defined in point b and c of clause 2 of this Article, a language interpreter shall be required;

b) Information required for the delivery of healthcare shall be given in the language that the foreign medical practitioner has registered for usage, and be translated into Vietnamese.

4. The Government shall elaborate on this Article; shall impose regulations on qualification criteria of the language interpreter referred to in point a of clause 3 of this Article; on the usage of language in the distribution of healthcare services to ethnic minorities who are incapable of using Vietnamese; people with language disorder or impairment; foreign patients.

Article 22. Continuously updating medical knowledge

1. Any medical practitioner holding one of the titles as a doctor, physician assistant, nurse, midwife, medical technician, clinical nutritionist, out-of-hospital paramedic or clinical psychologist shall be responsible for keeping themselves continuously updated with the latest medical knowledge relevant to the scope of their practice of medicine.

2. Ways to continuously update medical knowledge, including:

a) Participating in short-term training courses, conferences and workshops on medicine designed to be relevant to the scope of practice of medicine;

b) Getting involved in designing professional curricula, syllabi and materials relating to healthcare;

c) Conducting scientific and academic researches in medicine relevant to the scope of practice of medicine;

d) Self-education and others.

3. Medical establishments shall be responsible for encouraging medical practitioners to continuously acquire updated medical knowledge.

4. The Minister of Health shall elaborate on this Article.

Section 2. CONDUCT OF ASSESSMENT OF QUALIFICATION FOR PRACTICE OF MEDICINE

Article 23. Practicing as medical interns

1. Any person applying for a practising license as a doctor, physician assistant, nurse, midwife, medical technician, clinical nutritionist, out-of-hospital paramedic or clinical psychologist shall be required to practise as a medical intern to provide medical care according to the principles specified in clause 2 of this Article, except if:

a) he/she has completed a training course in specialization;

b) he/she has been awarded a practising license issued by a competent foreign body or entity, and recognized pursuant to Article 29 herein.

2. Practising as medical interns providing healthcare shall follow the principles stated hereunder:

a) The awarded academic qualification must be relevant;

b) The objectives of medical internship must fit into the scope of operations of a medical establishment;

c) The required duration of practicing as a medical intern must be suitable for each professional title;

d) The medical establishment accepting medical interns must assign its staff as instructors to give medical internship guide, register the list of medical interns on its premises on the healthcare management information system, and give medical interns written confirmation of their medical internship;

dd) All of the assigned instructors must be medical practitioners whose professional duties are suitable for the instruction on the medical interns’ practice of medicine and must be responsible for the medical interns’ professional activities during internship, except where the medical interns intentionally violate laws;

e) Medical interns must submit to the command and guidance of their instructors, and respect patients’ rights and obligations.

3. The Government shall elaborate on this Article.

Article 24. Assessment of qualification for practice of medicine (hereinafter referred to as qualification test)

1. Taking the qualification test shall be prerequisite for application for practising licenses to be awarded to medical practitioners holding the titles of doctor, physician assistant, nurse, midwife, medical technician, clinical nutritionist, out-of-hospital paramedic or clinical psychologist.

2. In order to be eligible to take a qualification test, a candidate must:

a) hold an academic qualification appropriate for each professional title specified in clause 1 of this Article;

b) complete the medical internship as defined in Article 23 herein.

3. Qualification tests shall be conducted by the Vietnam’s National Medical Council (VNMC) acting as a presiding body.

4. Candidates taking qualification tests shall be liable for fees, costs and expenses incurred from these tests.

5. The Government shall elaborate on this Article.

Article 25. Vietnam’s National Medical Council (VNMC)

1. VNMC is an organization created by the Prime Minister that functions as an independent appraiser of qualification for the practice of medicine; has its own seal and headquarter.

2. It shall have the following tasks and duties:

a) Preside over and cooperate with healthcare socio-professional organizations and other relevant agencies and organizations in developing a benchmarking toolkit for assessment and measurement of qualification for the practice of medicine;

b) Adopt the aforesaid benchmarking toolkit;

c) Conduct qualification tests;

d) Receive, process and handle requests and complaints, or cooperate with state agencies in handling complaints and denunciations relating to qualification test results;

dd) Perform other tasks and duties assigned by the Prime Minister.

3. The Prime Minister shall impose regulations on VNMC’s organization and operation.

Section 3. PRACTISING LICENSES

Article 26. Professional ranks or titles requiring practising licenses

1. Below are professional ranks or titles requiring practising licenses:

a) Doctors;

b) Physician assistants;

c) Nurses;

d) Midwives;

dd) Medical technicians;

e) Clinical nutritionists;

g) (Out-of-hospital) paramedics;

h) Clinical psychologists;

i) Herbalists;

k) Holders of folk remedies or therapies.

2. The Government shall lay down regulations for professional ranks or titles; conditions for issuance, re-issuance, renewal, modification or revision, suspension of medical practice, and revocation or withdrawal of practicing licenses with respect to professional ranks or titles that are added in the list of professional ranks or titles specified in clause 1 of this Article to keep up with the socio-economic developments of our country over periods of time after presenting the updated list to the National Assembly’s Standing Committee to seek its approval.

3. The Minister of Health shall impose regulations on the scope of medical activities involved in the practice of medicine to be applied to specific professional ranks or titles.

Article 27. Practising licenses

1. Each medical practitioner may be awarded only one practising license that is valid for use nationwide.

2. The validity period of each practising license shall be 05 years.

3. Each practising license shall include but not limited to the following information:

a) Full name; date of birth; personal identification number for Vietnamese practitioners; Passport number and nationality for foreign practitioners;

b) Professional title;

c) Scope of practice;

d) Validity period or expiry date of the practicing license.

4. Applicants for issuance, re-issuance, renewal, revision or modification of practising licenses shall pay fees defined in law on fees and charges, except as it is the fault of an agency having jurisdiction to issue practising licenses that a practising license needs to be issued, re-issued, renewed, revised or modified .

5. The Minister of Health shall elaborate on this Article and decide on the practising license design or format.

Article 28. Authority to issue, reissue, renew, modify or revise practising licenses; suspend practice of medicine, revoke or withdraw practising licenses

1. Authority to issue, reissue, renew, modify or revise practising licenses shall be regulated as follows:

a) The Ministry of Health shall be accorded authority to issue, re-issue, renew, modify or revise practising licenses for the title of doctor, physician assistant, nurse, midwife, medical technician, clinical nutritionist, out-of-hospital paramedic or clinical psychologist if holders thereof are working for medical establishments under its jurisdiction;

b) The Ministry of National Defence shall be accorded authority to issue, re-issue, renew, modify or revise practising licenses for the title of doctor, physician assistant, nurse, midwife, medical technician, clinical nutritionist, out-of-hospital paramedic or clinical psychologist if holders thereof are working for medical establishments under its jurisdiction;

c) The Ministry of Public Security shall be accorded authority to issue, re-issue, renew, modify or revise practising licenses for the title of doctor, physician assistant, nurse, midwife, medical technician, clinical nutritionist, out-of-hospital paramedic or clinical psychologist if holders thereof are working for medical establishments under its jurisdiction;

d) Medical agencies under provincial People’s Committees shall be accorded authority to issue, re-issue, renew, modify or revise practising licenses for those titles specified in clause 1 of Article 26 herein, except as prescribed in point a, b and c of this clause.

2. Authority to suspend, withdraw or revoke practising licenses shall be regulated as follows:

a) The Ministry of Health shall be empowered to suspend medical practitioners working for medical establishments nationwide from their practice of medicine; revoke or withdraw practising licenses of medical practitioners working for medical establishments under its jurisdiction;

b) The Ministry of National Defence shall be empowered to enforce suspension of practice of medicine, revocation or withdrawal of practising licenses on medical practitioners working for medical establishments under its jurisdiction;

c) The Ministry of Public Security shall be empowered to enforce suspension of practice of medicine, revocation or withdrawal of practising licenses on medical practitioners working for medical establishments under its jurisdiction;

d) Medical agencies under provincial People’s Committees shall be empowered to suspend medical practitioners working for medical establishments falling within their remit from their practice of medicine; revoke or withdraw practising licenses of medical practitioners working for medical establishments under their jurisdiction.

Article 29. Recognition of practising licenses issued by competent foreign bodies or entities

1. Practising licenses issued by competent foreign bodies or entities shall be considered for recognition when fully meeting the following conditions:

a) These practising licenses are recognized under international treaties of which the Socialist Republic of Vietnam is a member state, or international agreements to which Vietnam is a signatory; are issued by competent foreign bodies or entities that have been assessed and recognized by the Ministry of Health as prescribed in clause 3 of this Article;

b) These practising licenses remain valid at the time of application for recognition;

c) These practising licenses contain information about professional titles that shall be equivalent to one of the professional titles specified in point a, b, c, d, dd, e, g and h of clause 1 of Article 26 herein.

2. Recognition procedures shall be as follows:

a) The practising license holder sends the application package for recognition to the Ministry of Health, including the application form for recognition and the valid copy of the practising license in question;

b) Within 30 days of receipt of the application package, the Ministry of Health is obliged to send a response stating acceptance or refusal of grant of recognition;

c) Where it is necessary to verify matters relating to the applicant’s training in foreign countries, the duration of decision to grant recognition shall be 30 days from the day on which verification results are available.

3. Assessment for accreditation of a foreign body or entity issuing practising licenses shall deal with:

a) its training system;

b) its system, processes and procedures for award of practising licenses, and regulations on professional titles and scope of practice.

4. Holders of the practising licenses issued by competent foreign bodies or entities that are recognized in Vietnam shall be exempted from the requirement for practising as medical interns that are set forth in Article 23 herein, and taking qualification tests that are specified in Article 24 herein.

5. The Government shall elaborate on this Article.

Article 30. Issuance of practising licenses

1. A practising license may be issued to:

a) a person who first applies for the practising license;

b) a medical practitioner whose professional title specified in his/her practising license is changed;

c) a person whose practising license is revoked as prescribed in regulations on issuance of practising licenses of the Government;

d) Other persons as decided by the Government.

2. Conditions for issuance of practising licenses applied to those holding the professional titles as doctors, physician assistants, nurses, midwives, medical technicians, clinical nutritionists, out-of-hospital paramedics or clinical psychologists shall be as follows:

a) Applicants are accredited for the practice of medicine by passing qualification tests specified in Article 24 herein, or hold practising licenses recognized pursuant to Article 29 herein;

b) Applicants have good health to practice medicine;

c) Foreign applicants satisfy Vietnamese proficiency requirements under the Government’s regulations;

d) Applicants do not get into the situations specified in Article 20 herein, or are punished for administrative offences involving the unlicensed practice of medicine within the time limit assigned for deeming that they have not yet been punished for administrative offences.

3. Conditions for issuance of practising licenses applied to those holding the professional titles as herbalists, holders of folk remedies or therapies shall be as follows:

a) Applicants hold herbalist certificates or certificates of holders of folk remedies or therapies;

b) Applicants satisfy the conditions laid down in point b, c and d of clause 2 of this Article.

4. An application package for issuance of a practising license shall be composed of:

a) Application form;

b) Documentary evidence of conformance to the conditions specified in clause 2 or 3 of this Article with respect to corresponding professional titles.

5. Procedures for issuance of a practising license shall be regulated hereunder:

a) The applicant submits the set of documents specified in clause 4 of this Article to the competent licensing agency;

b) The competent licensing agency is required to issue the requested practising license within 30 days of receipt of all required documents; in case of rejection, a written response, clearly stating reasons for such rejection, shall be sent to the applicant;

c) Where it is necessary to verify documents of foreign origin enclosed in the application package, the duration of decision to issue a practising license shall be 30 days from the day on which verification results are available.

6. The Government shall elaborate on this Article.

Article 31. Re-issuance of practising licenses

1. A practising license may be re-issued if:

a) it is lost or damaged;

b) there is any change in the information specified in point a of clause 3 of Article 27 herein, or any error in the information specified in clause 3 of Article 27 herein;

c) the person whose practising license is revoked meets the Government’s regulations on re-issuance of practising licenses;

d) it is issued ultra vires;

dd) other circumstances specified in the Government’s regulations arise.

2. Conditions for re-issuance of a practising license shall be as follows:

a) The practising license already exists;

b) Conditions fitted to the content of the application for re-issuance are satisfied;

c) Any of the cases prescribed in Article 20 herein does not occur.

3. An application package for re-issuance of a practising license shall be composed of:

a) Application form;

b) Documentary evidence of conformance to the conditions specified in clause 2 of this Article.

4. Procedures for re-issuance of a practising license shall be regulated hereunder:

a) The applicant submits the application package defined in clause 3 of this Article to the competent licensing agency;

b) The competent licensing agency is required to re-issue the requested practising license within 15 days of receipt of all required documents; in case of rejection, a written response, clearly stating reasons for such rejection, shall be sent to the applicant;

c) Where it is necessary to verify documents of foreign origin enclosed in the application package, the duration of decision to re-issue a practising license shall be 15 days from the day on which verification results are available.

5. The Government shall elaborate on this Article.

Article 32. Renewal of practising licenses

1. A practising license may be renewed if the practising license expires.

2. Conditions for renewal of practising licenses applied to those holding the professional titles as doctors, physician assistants, nurses, midwives, medical technicians, clinical nutritionists, out-of-hospital paramedics, clinical psychologists or herbalists shall be as follows:

a) Satisfy the requirements for continuously updating medical knowledge set out in Article 22 herein;

b) Have good health to practice medicine;

c) Be obliged to complete renewal procedures at least 60 days before the practising license expires, unless otherwise required under the Government’s regulations;

d) Any of the cases prescribed in Article 20 herein does not occur.

3. Conditions for renewal of practising licenses applied to those holding the professional titles as holders of folk remedies or therapies shall comprise the conditions set out in point b, c and d of clause 2 of this Article.

4. The application package for renewal of a practising license shall be composed of the documentary evidence of conformance to the conditions specified in clause 2 or 3 of this Article.

5. Procedures for renewal of a practising license shall be regulated hereunder:

a) The applicant submits the application package defined in clause 4 of this Article to the competent licensing agency;

b) During the period from the date of receipt of all required application documents to the expiry date printed on a practising license, the competent licensing agency shall be responsible for renewing it or replying in writing to the license holder with clear reasons for rejection of renewal; where there is no written reply till the expiry date printed on the foregoing practising license, it shall be renewed as per clause 2 of Article 27 herein;

c) Where it is necessary to verify whether the applicant participates in medical knowledge updating programs run by a qualified foreign entity or organization, the duration of decision to renew the practising license shall be 15 days from the day on which verification results are available.

6. The Government shall elaborate on this Article.

Article 33. Modification or revision of practising licenses

1. Practising licenses awarded to medical practitioners holding the titles as doctors, physician assistants, nurses, midwives, medical technicians, clinical nutritionists, out-of-hospital paramedics or clinical psychologists may be modified or revised when there is any change in the scope of medical practice.

2. Conditions for modification or revision of a practising license shall be as follows:

a) The applicant has been certified in writing to complete a training course to adapt his/her professional and technical expertise in healthcare to the scope of medical practice in question by a qualified training institution or hospital;

b) The applicant meets the medical internship requirements applied to several fields of specialization;

c) Any of the cases prescribed in Article 20 herein does not occur.

3. An application package for modification or revision of a practising license shall be composed of:

a) The application form;

b) The documentary evidence of conformance to the conditions specified in clause 2 of this Article.

4. Procedures for modification or revision of a practising license shall be regulated hereunder:

a) The applicant submits the application package defined in clause 3 of this Article to the competent licensing agency;

b) The competent licensing agency is required to modify or revise the foregoing practising license within 15 days of receipt of all required documents; in case of rejection, a written response, clearly stating reasons for such rejection, shall be sent to the applicant;

c) Where it is necessary to verify documents of foreign origin enclosed in the application package, the duration of decision to modify or revise a practising license shall be 15 days from the day on which verification results are available.

5. The Government shall elaborate on this Article.

Article 34. Suspension of practice of medicine

1. A medical practitioner shall be suspended from his/her practice of medicine if:

a) the Expert Panel defined in Article 101 herein establishes that he/she has committed an error related to his/her professional and technical expertise in healthcare to the extent of incurring the sanction of suspension of his/her practice of medicine due to the fact that such error does not cause him/her to deserve the more severe sanction of revocation or withdrawal of his/her practising license;

b) the competent authority establishes that he/she has committed a violation against professional ethics which is not so severe that the sanction of revocation or withdrawal of his/her practising license is imposed;

c) he/she is not healthy enough to practise medicine.

2. Depending on the nature and severity of an error related to professional and technical expertise in healthcare, violation of professional ethics and his/her health status, the medical practitioner may be suspended from practice of medicine for 1 to 24 months.

3. After being suspended from practising medicine, depending on the nature and severity of his/her error in professional and technical expertise in healthcare, the medical practitioner shall be required to keep up with the most updated medical knowledge according to the conclusion of the Expert Panel pursuant to Article 101 herein.

4. The Government shall elaborate on this Article.

Article 35. Revocation or withdrawal of practising licenses

1. A practising license shall be revoked if:

a) the application package for award of that practising license fails to meet regulations;

b) there is any fraudulent document enclosed in the application package for issuance of the practising license;

c) the professional title or the scope of practice printed in that practising license is different from those stated in the application package for issuance of the practising license;

d) the medical practitioner holding the practising license has not practiced medicine for 24 consecutive months, except when he/she takes a medical training course;

d) the medical practitioner is subject to prohibition of practice of medicine as defined in clause 1,2, 3, 4 and 6 of Article 20 herein;

e) the Expert Panel defined in Article 101 herein establishes that the medical practitioner holding that practising license has committed an error related to his/her professional and technical expertise in healthcare to the extent of incurring the sanction of revocation or withdrawal of his/her practising license;

g) the Expert Panel defined in Article 101 herein establishes that the medical practitioner holding that practising license has committed an error related to his/her professional and technical expertise in healthcare for the second time to the extent of incurring the sanction of suspension of his/her practice of medicine;

h) the competent state agency establishes that the medical practitioner holding that practising license has violated professional ethics to the extent of incurring the sanction of suspension of his/her practice of medicine within the validity period of that practising license;

i) that practising license is revoked or withdrawn at the request of the medical practitioner holding it;

k) other circumstances regulated by the Government after being presented to the National Assembly’s Standing Committee.

2. After his/her practising license is revoked or withdrawn, the medical practitioner who wishes to carry on his/her practice of medicine shall be required to apply for a new practising license to be issued in accordance with point c of clause 1 of Article 30 herein, or apply for another practising license to be re-issued in accordance with point c of clause 1 of Article 31 herein.

3. The Government shall elaborate on this Article.

Section 4. REGISTRATION FOR PRACTICE OF MEDICINE

Article 36. Registration principles

1. A medical practitioner may register for his/her practice of medicine at different medical establishments provided that his/her working hours at these medical establishments do not overlap.

2. A medical practitioner may hold one or more professional positions listed hereunder on registration with a medical establishment on condition that he/she is required to perform well in his/her assignments:

a) Providing medical services according to his/her practising license;

b) Being in charge of a specialized department;

c) Assuming professional responsibilities at his/her employing medical establishments.

3. A medical practitioner may practice medicine without being required to apply for registration for practice of medicine if:

a) he/she provides emergency care off the premises, except out-of-hospital emergency care;

b) he/she is mobilized and dispatched by the competent body or person to participate in medical examination and treatment activities in response to a natural disaster, calamity, group-A infectious disease or a state of emergency;

c) he/she takes part in humanitarian outreach healthcare campaigns organized at intervals;

d) he/she temporarily provides medical care during the period of transfer of professional and technical expertise in healthcare or technical assistance at another medical establishment;

dd) Other circumstances regulated by the Minister of Health arise.

Article 37. Information required for registration

1. Full name, reference number of the practising license.

2. Professional title or rank of the medical practitioner.

3. Information about the practice location, including name and address of the medical establishment granting registration to the medical practitioner.

4. Working hours and days.

5. The language used by the foreign medical practitioner in the delivery of healthcare. This information is required for those defined in point a and b of clause 2 of Article 21 herein.

Article 38. Responsibilities arising from registration for practice of medicine

1. A medical establishment shall acts as follow to get registration for their medical practitioners:

a) Sending the list of medical practitioners applying for registration together with the application for issuance of an operating license to the agency having jurisdiction to grant operating licenses;

b) If any change of medical practitioners on the list occurs pending issuance of the operating license or during its operation, the application form for registration shall be sent to the agency having jurisdiction to award operating licenses.

2. The agency having jurisdiction to issue operating licenses shall have the duty to publish the list of registered medical practitioners on the healthcare management information system

a) at the same time as issuance of the operating license with respect to the original list specified in point a, and the updated list specified in point b of clause 1 of this Article;

b) within 05 working days of receipt of the application form for practice of medicine with respect to the updated list specified in point b of clause 1 of this Article.

3. The Government shall imposed detailed regulations on registration for practice of medicine specified in Section 4 of Chapter III herein.

Section 5. MEDICAL PRACTITIONERS’ RIGHTS

Article 39. Right to practise medicine

1. Practise medicine according to the permitted scope of practice.

2. Make decisions pertaining to medical diagnosis and therapy if the scope of practice permits.

3. Practise medicine at different medical establishments in compliance with regulations on registration for practice of medicine enshrined herein.

4. Become members of healthcare socio-professional organizations.

Article 40. Right of refusal to provide medical care

Medical practitioners may refuse to provide medical care in the following cases:

1. If the medical prognosis indicates that a patient’s disease is beyond the competence or scope of practice of the medical practitioner receiving that patient, he/she may refuse to provide medical care, but must refer the patient to another medical practitioner or other suitable medical establishment, and must perform the practice of first aid, emergency care, monitoring, care and treatment of the patient until such referral is completed;

2. Such medical care is in breach of laws or professional ethics;

3. The patient needing medical care or his/her family or relatives commit an act of infringing upon the body, health and life of the medical practitioner on duty, except if that patient suffers from mental illness or other diseases causing impairment of his/her cognition or behavior control;

4. The patient requires the method of medical examination or treatment that is not permitted by regulations on professional and technical expertise in healthcare;

5. The patient, the patient’s representative referred to in point a of clause 2 and point a of clause 3 of Article 15 herein fails to comply with the medical practitioner’s prescription for the medical diagnosis or therapy after being consulted or encouraged by the medical practitioner despite the fact that such non-compliance is prone to harm the patient’s health and life.

Article 41. Right to improvement of professional qualification

1. Have access to training courses designed to improve professional qualification.

2. Receive continuous updates on medical knowledge that are appropriate to the scope of practice.

3. Participate in training sessions, and exchange healthcare information and knowledge about laws on medicine.

Article 42. Right to be protected in case of occurrence of medical incidents

1. Medical practitioners shall be afforded protection by law, and granted exemption from any blame for medical incidents if they practise medicine in compliance with regulations.

2. Medical practitioners may request healthcare agencies, entities or socio-professional organizations to protect their legitimate rights and interests in case of occurrence of medical incidents.

Article 43. Right to personal safety during practice of medicine

1. Enjoy workplace safety and hygiene standards while on duty as per laws on occupational safety and hygiene.

2. Be offered protection of their honor, dignity, health and life.

3. Gain permission to temporarily leave their workplace to avoid any threat to their health and life posed by other person on condition that they promptly notify the person in charge of professional practices or the shift-working chief at the medical establishment, or the police authority or the nearest local authority.

Section 6. MEDICAL PRACTITIONERS’ OBLIGATIONS

Article 44. Obligations to patients

1. Promptly provide first aid, emergency care or medical care to patients, except as specified in clause 2, 3, 4 and 5 of Article 40 herein.

2. Respect patients’ rights; have a considerate and gentle attitude towards patients.

3. Provide counsels and information pursuant to clause 1 of Article 9 herein.

4. Treat patients equally; avoid allowing personal interests or discrimination to influence their professional decisions.

5. Request patients to pay costs of medical services as permitted by law.

Article 45. Obligations relating to the medical profession

1. Comply with regulations pertaining to professional and technical expertise in healthcare.

2. Assume responsibility for their delivery of healthcare.

3. Continuously learn and update their medical knowledge.

4. Offer whole-hearted medical services.

5. Protect the privacy in terms of patients’ medical condition, information provided by patients and their medical records, except as agreed by patients to share such information and defined in clause 3 and 4 of Article 69 herein.

6. Report any act of patient deception or violation against this Law committed by medical practitioners to competent persons.

Article 46. Obligations to colleagues

1. Cooperate with their colleagues in healthcare.

2. Respect the dignity and prestige of their colleagues.

Article 47. Social obligations

1. Participate in first aid, health protection and health education in the community.

2. Join in supervising the medical skills and competence and professional ethics of other practitioners.

3. Observe temporary job rotation decisions issued by their immediately supervisory agencies; mobilization or dispatch decisions from competent agencies or persons to join in providing medical services in case of a natural disaster, calamity, group-A infectious disease or a state of emergency with the exceptions mentioned hereunder:

a) Medical practitioners who are pregnant or nursing a child under 24 months of age, unless they volunteer;

b) Medical practitioners who are in a high-risk category for epidemics and otherwise regulated by the Minister of Health.

Chapter IV

MEDICAL ESTABLISHMENTS

Section 1. Operating licenses

Article 48. Forms of organization of medical establishments

1. Medical establishments may take the following forms:

a) Hospitals;

b) Sick houses under People’s armed forces;

c) Maternity wards;

d) Clinics;

dd) Traditional medicine clinics;

e) Subclinical service centers;

g) Health stations;

h) Out-of-hospital emergency care facilities;

i) Family medicine centers;

k) Other forms of organization of medical establishments regulated by the Government.

2. Where medical assessment centers, forensic examination establishments, forensic mental health facilities, medical centers or institutes with hospital beds, medical agencies, units, organizations or facilities having different names provide healthcare services, they shall be required to apply for operating licenses according to licensing procedures pertinent to respective forms of organization of medical establishments specified in clause 1 of this Article.

3. The Government shall elaborate on this Article.

Article 49. Operating conditions applicable to medical establishments

1. They have obtained operating licenses from competent agencies.

2. They meet basic quality standards defined in point a of clause 1 of Article 57 herein during their operation.

Article 50. Operating licenses of medical establishments

1. Each medical establishment may hold an operating license for indefinite term. If a medical establishment has its branches at other locations, each of these branches must hold an operating license separately.

2. An operating license shall include but not limited to the following information:

a) Name of the medical establishment;

b) Form of organization;

c) Operating address;

d) Scope of professional operations;

dd) Office hours.

3. Applicants for issuance, re-issuance, revision or modification of operating licenses shall be required to pay fees defined in law on fees and charges, except as it is the fault of an agency having jurisdiction to issue operating licenses that an operating license needs to be issued, re-issued, revised or modified.

4. Within 05 working days from the date of issuance, re-issuance, modification or revision of an operating license, the agency having jurisdiction to grant operating licenses must publish updated information related to issuance, re-issuance, modification or revision of operating licenses on the healthcare management information system.

5. The Government shall impose detailed regulations pertaining to cases, conditions, dossiers of and procedures for issuance, re-issuance, modification or revision of operating licenses applicable to specific forms of organization of medical establishments specified in Article 48 of this Law; shall promulgate regulations pertaining to templates and designs of operating licenses of medical establishments, and special conditions applied to medical establishments under the People’s armed forces.

Article 51. Authority to issue, re-issue, modify or revise operating licenses; suspend operation; revoke or withdraw operating licenses

1. The Ministry of Health shall be empowered to issue, re-issue, modify or revise operating licenses; suspend operation; revoke or withdraw operating licenses of medical establishments under its control; suspend operation of other medical establishments nationwide.

2. The Ministry of National Defence shall be empowered to issue, re-issue, modify or revise operating licenses; suspend operation; revoke or withdraw operating licenses of medical establishments under its jurisdiction.

3. The Ministry of Public Security shall be empowered to issue, re-issue, modify or revise operating licenses; suspend operation; revoke or withdraw operating licenses of medical establishments under its jurisdiction.

4. Health agencies under the People’s Committees of provinces shall be empowered to issue, re-issue, modify or revise or revoke operating licenses of medical establishments at local areas falling within their remit, unless otherwise prescribed in clause 1, 2 and 3 of this Article; suspend operation of medical establishments operating in local areas under their management.

Article 52. Issuance of operating licenses

1. An operating license may be issued to:

a) medical establishments that apply for operating licenses for the first time;

b) medical establishments whose operating licenses are revoked or withdrawn, except as defined in point d of clause 1 of Article 56 herein;

c) medical establishments that have been awarded operating licenses if they change their form of organization or operating location;

d) medical establishments that have been awarded operating licenses if they undergo the split-up, split-off, consolidation or merger process;

dd) others specified in the Government’s regulations.

2. Conditions for issuance of an operating license, including:

a) The medical establishment must be established under law;

b) The medical establishment’s organization structure is consistent with its form of organization;

c) The medical establishment has its own operating location;

d) The medical establishment is furnished with physical facilities or amenities suitable to the scope of professional activities and the scale of its operation, including information technology infrastructure that is required to get connected to the healthcare management information system according to the regulatory provisions of clause 1 of Article 112 herein;

dd) The medical establishment is fully equipped with medical devices and means according to its scope of professional activities and size or scale of operation;

e) The medical establishment is staffed by medical practitioners who are qualified for its scope of professional activities, scale or size of operation; each medical establishment is allowed to designate only one person in charge of professional practices.

3. An application package for issuance of an operating license shall be composed of the following:

a) Application form;

b) Documentary evidence of conformance to the conditions specified in clause 2 of this Article.

4. Procedures for issuance of an operating license shall be regulated hereunder:

a) The application package is submitted to the agency having jurisdiction to award operating licenses;

b) The agency having jurisdiction to award operating licenses has the duty to review or verify the submitted application package. The review or verification duration must be within 60 days of receipt of all required components of the application package. Review or verification results must be documented in a report, clearly describing matters that need to be modified (if any) and signed by parties involved and the reviewee;

c) Within 10 working days after approving the review report, the agency having jurisdiction to award operating licenses must issue a new operating license; if the applicant has to make modification as required in the review report, within 10 working days after completion of such modification, the agency having jurisdiction to award operating licenses shall be required to issue a new operating license.

5. The Government shall elaborate on this Article; impose regulations pertaining to issuance of operating licenses of medical establishments under the People’s armed forces.

Article 53. Re-issuance of operating licenses

1. An operating license may be re-issued if

a) it is lost;

b) it is damaged;

c) any technical error in its information occurs.

2. An application package for re-issuance of an operating license shall be composed of the following:

a) Application form;

b) The original operating license, except as defined in point a of clause 1 of this Article;

c) Documentary evidence required pursuant to point c of clause 1 of this Article.

3. Procedures for re-issuance of an operating license shall be regulated hereunder:

a) The application package is submitted to the agency having jurisdiction to award operating licenses;

b) Within 20 working days of receipt of all required components of the application package, the agency having jurisdiction to award operating licenses has the duty to re-issue the requested operating license. Where it is necessary to make an inspection visit to the medical establishment’s office, procedures prescribed in point b and c of clause 4 of Article 52 herein shall apply.

4. The Government shall elaborate on this Article; impose regulations pertaining to re-issuance of operating licenses of medical establishments under the People’s armed forces.

Article 54. Modification or revision of operating licenses

1. An operating license may be modified or revised if

a) the holder’s scope of professional activities is changed;

b) the holder’s scale or size of operation is changed;

c) the holder’s office hours are changed;

d) the medical establishment holding that operating license changes its name and address despite the fact that its location is not changed;

dd) the medical establishment holding that operating license subject to the decision on suspension of part of its operation fails to fulfill remedial obligations as described in such decision by the last date of the suspension duration.

2. Conditions for modification or revision of an operating license shall be as follows:

a) The applicant holds the operating license that remains in use;

b) The applicant satisfies conditions in line with the proposed modifications as per laws.

3. An application package for modification or revision of an operating license shall be composed of the following:

a) Application form;

b) The original operating license and documentary evidence of modifications made as defined in point b of clause 2 of this Article.

4. Procedures for modification or revision of an operating license shall be regulated hereunder:

a) The application package is submitted to the agency having jurisdiction to award operating licenses;

b) Within 20 days of receipt of all required components of the application package, the agency having jurisdiction to award operating licenses has the duty to make changes to the requested operating license. Where it is necessary to make an inspection visit to the medical establishment’s office, procedures prescribed in point b and c of clause 4 of Article 52 herein shall apply.

5. The Government shall elaborate on this Article; impose regulations pertaining to modification or revision of operating licenses of medical establishments under the People’s armed forces.

Article 55. Suspension of operation of medical establishments

1. A medical establishment may be suspended from part or all of its operation in the following cases:

a) A medical incident takes place at that medical establishment to the extent that its operation needs to be suspended;

b) It fails to satisfy one of the conditions set down in Article 49 herein;

c) It fails to satisfy one of the conditions set out in clause 2 of Article 52 herein.

2. Such suspension shall last from 01 to 24 months.

3. Suspension of part or all of operation of a medical establishment (partial or full suspension) and the duration of such suspension shall be based on causes, nature, seriousness, consequences of a medical incident, or the part of conditions that is no longer satisfied.

4. During the suspension period, if the defaulting medical establishment has fulfilled remedial obligations as requested in the suspension decision, the agency having jurisdiction to suspend operation of medical establishments shall issue the approval decision to restore its operation.

5. The Government shall elaborate on this Article.

Article 56. Revocation of operating licenses of medical establishments

1. An operating license may be revoked in the following cases:

a) The application package for award of that operating license is invalid;

b) There is any fraudulent document enclosed in the application package;

c) The operating license is awarded ultra vires;

d) There is any technical error in information printed on that operating license;

dd) The license holder’s form of organization or scope of professional activities shown on that operating license is incorrect;

e) Within 24 months after receipt of that operating license, the medical establishment has not been put into operation yet;

g) The medical establishment holding that operating license is temporarily closed for at least 24 consecutive months, or closed down;

h) The medical establishment holding that operating license subject to the decision on suspension of part of its operation fails to fulfill remedial obligations as described in such decision by the last day of the suspension duration;

i) The medical establishment holding that operating license fails to maintain strict compliance with the conditions specified in Article 49 or clause 2 of Article 52 herein;

k) The medical establishment holding that operating license decides to apply for revocation or withdrawal at its discretion.

2. The Government shall elaborate on this Article. Where it is necessary to regulate more subjects of suspension of operating licenses, the Government shall report to the National Assembly’s Standing Committee to seek its consent before reach the decision.

Section 2. ASSESSMENT OF QUALITY OF MEDICAL ESTABLISHMENTS

Article 57. Quality standards of medical establishments

1. Quality standards refer to criteria and requirements relating to management and professional and technical expertise in healthcare which are used as benchmarks for assessment of quality of technical services or specific specializations or the entire licensed medical establishment, including:

a) Basic quality standards of medical establishments issued by the Ministry of Health;

b) Advanced quality standards of medical establishments issued by the Ministry of Health;

c) Quality standards of each medical department or technical services issued by the Ministry of Health;

d) Quality standards of medical establishments, specific specializations or technical services issued by domestic or foreign entities that are endorsed by the Ministry of Health.

2. Medical establishments are encouraged to apply the quality standards defined in point b, c and d of clause 1 of this Article.

3. Quality standards specified in point d of clause 1 of this Article shall be set in the context of Vietnam; shall not be lower than quality standards specified in point a of clause 1 of this Article; shall satisfy the following minimum requirements:

a) They must be science-based and effective;

b) They must give the overall assessment of quality characteristics and components;

c) They are validated by international healthcare quality assessment bodies, and used worldwide.

4. The Minister of Health shall impose regulations on validation of the quality standards specified in point d of clause 1 of this Article.

Article 58. Healthcare quality assessment and certification

1. Purposes of the healthcare quality assessment and certification shall be as follows:

a) Maintain and improve the quality of healthcare services;

b) Provide information so that patients and payers of healthcare costs can choose appropriate medical establishments;

c) Serve as a basis to recommend sanctions against offences and rewards according to results of the quality assessment based on basic quality standards.

2. Principles of assessment of quality of medical establishments shall be formulated as follows:

a) Ensure independence, objectivity, fairness, public access, transparency, and legitimacy;

b) Conform to healthcare quality standards issued or endorsed by the Ministry of Health;

c) Such quality assessment shall be carried out only when the medical establishment has operated for at least 12 months;

d) Quality assessment and certification agencies or organizations shall be legally responsible for their assessment results.

3. Every year, medical establishments shall be responsible for carrying out self-assessment as defined in point a of clause 1 of Article 57 herein.

4. Healthcare quality assessment and certification organizations that have been awarded certificates of registration for provision of conformity assessment services in accordance with laws shall carry out the quality assessment at the request of state health authorities or medical establishments.

5. Healthcare quality assessment results shall be available for public access at medical establishments and on the healthcare management information system.

6. Based on the assessment results specified in clause 3 and 4 of this Article, the state health authority shall review the results of assessment of quality of medical establishments under its jurisdiction according to risk management principles.

7. The Government shall elaborate on this Article.

Section 3. RIGHTS AND RESPONSIBILITIES OF MEDICAL ESTABLISHMENTS

Article 59. Rights

1. Render healthcare services pursuant to this Law.

2. Refuse to render healthcare services if:

a) the medical establishment judges that a patient case goes beyond its professional competence or lies outside of its scope of operation, except in case of emergency care defined in Article 61 herein.

b) circumstances prescribed in clause 3, 4 and 5 of Article 40 herein arise.

3. Receive payments of healthcare costs or expenses in accordance with law.

4. Enjoy incentive policies when rendering healthcare services in accordance with law.

5. Enter into contracts for provision of medical services covered by health insurance with social insurance agencies in accordance with laws on health insurance; enter into these contracts with other insurers in accordance with laws on insurance business.

6. Cooperate with domestic and foreign entities and persons in healthcare.

7. Gain permission to offer care and support services at the request of patients or patients’ representatives.

8. Private medical establishments may participate in the bidding process or have access to the Government’s orders for provision of several healthcare services on the list of public services partially funded by the state budget’s grants or financial support.

Article 60. Responsibilities of medical establishments

1. Provide first aid, emergency, medical examination and treatment services in a timely manner for patients.

2. Implement regulations on professional and technical expertise in healthcare and other relevant laws; take responsibility for results of medical care rendered by medical practitioners under their management.

3. Publicly announce working hours and days and lists of medical practitioners and service hours of each medical practitioner working as their staff.

4. Post up prices of medical services, prices of medical care and support services upon request on their premises and on the healthcare management information system.

5. Ensure that rights and obligations of patients and medical practitioners defined herein are upheld.

6. Provide necessary conditions to enable medical practitioners to render healthcare services.

7. Conduct the self-assessment of healthcare quality and publicly announce results of quality assessment in accordance with clause 3 and 5 of Article 58 herein.

8. Follow staff mobilization and dispatch decisions of competent bodies or persons in response to a natural disaster, calamity, group-A infectious disease or a state of emergency.

9. Set up security forces; provide physical facilities necessary to ensure security and order at hospital according to the form of organization and scale or size of operation; cooperate with competent police departments in carrying out measures to ensure security and order at hospital; report patient cases that are victims of violence or abuse to competent local police departments in order to work with them to take measures to protect these patients.

10. Refer and transfer patients to other medical establishments capable of dealing with a patient’s clinical condition and needs if:

a) the medical establishment concludes that the patient case goes beyond its professional competence or lies outside of its scope of operation.

b) such referral or transfer is demanded by the patient or his/her representative, and approved by the medical practitioner who directly treat the patient, or by the clinical shift worker;

c) the medical establishment referring or transferring the patient is subject to temporary suspension or termination of its operation, or revocation of its operating license;

d) the medical establishment referring or transferring the patient faces a force majeure situation to the extent of being unable to continue the receipt and treatment of the patient needing medical care.

11. Participate in preventive healthcare activities as prescribed by law.

12. Buy medical professional liability insurance in accordance with the Government’s regulations.

Chapter V

PROFESSIONAL AND TECHNICAL EXPERTISE IN HEALTHCARE

Article 61. Emergency care

1. Emergency care activities shall include the following:

a) In-hospital emergency;

b) Out-of-hospital emergency.

2. Emergency must be performed on the basis of assessment, classification and application of professional and technical measures appropriate to the patient’s health condition. Where it is necessary to apply urgent emergency measures without the consent from the patient’s representative, the person in charge of professional practices or the shift-working chief at a medical establishment shall have the right to make the final decision.

3. When the work of emergency care requires professional and technical assistance, in the specific circumstances, the medical establishment receiving the patient in need of emergency care must perform one or a number of the following activities:

a) Hold a medical consultation pursuant to Article 64 herein;

b) Request other medical establishment to assist in emergency care;

c) Offer support by providing remote healthcare services;

d) Refer the patient in need of emergency care to an appropriate medical establishment.

4. Medical establishments shall be responsible for reserving the optimum conditions in terms of their human resources, medical equipment and medications for the work of emergency care of patients and transferring patients in need of emergency care to appropriate medical establishments.

5. Out-of-hospital emergency care service shall include the following activities:

a) First aid procedures performed by persons who have knowledge about, or are trained in out-of-hospital emergency care;

b) Emergency care procedures performed by paramedics or medical practitioners.

6. The out-of-hospital emergency care system shall be organized according to the following basic criteria:

a) It must be commensurate with the population size;

b) It is fitted to the geographical characteristics of each local area;

c) It is capable of receiving and transporting patients to medical establishments in the shortest time possible.

7. Sources of funding for the out-of-hospital emergency care shall include the following:

a) The state budget’s funding for investment in setting up the state-owned system of out-of-hospital emergency care facilities; the system of receiving information and coordinating emergency services; payment of costs of ambulance rides and charges for medical crew services on emergency ambulances in case of accidents, natural disasters, calamities, particularly dangerous infectious diseases capable of very rapid and/or widespread transmission, those causing high death rate, or those with unknown causative agents; payment of general and administrative expenses for management and operation of state-owned out-of-hospital emergency facilities;

b) Charges for out-of-hospital emergency services paid by users of these services pursuant to Article 18 and 110 herein, except as defined in point a of this clause.

8. Provincial People’s Committees shall have the duty to organize the state-owned out-of-hospital emergency care system in local areas falling within their remit.

9. The Government shall impose detailed regulations on provision of funding for emergency services as referred to in point a of clause 7 of this Article.

Article 62. Medical examination, prescription for treatment methods (or therapies) and medications

1. Medical examination, prescription for treatment methods (or therapies) and medications shall follow regulations on professional and technical expertise in healthcare issued or endorsed by the Minister of Health.

2. Medical practitioners assigned the duties to provide medical care shall assume the following responsibilities:

a) Carry out the medical examination, prescription for treatment methods (or therapies) and medications in a timely, accurate and accountable manner;

b) Based on a patient’s medical condition, the medical practitioner can prescribe him/her outpatient, day or inpatient treatment. If the medical establishment does not have any bed available for that patient needing the inpatient treatment, they must refer him/her to another appropriate medical establishment.

Article 63. Medication administration in treatment

1. Administration of medications in healthcare shall adhere to the following principles:

a) Ensure that medications are prescribed only when really needed; serve the right purposes; are administered in a safe, reasonable and efficacious manner;

b) The prescription of medications must be closely associated with a patient’s diagnosis and medical condition;

c) Storage, dispensing and use of medications must be lawful.

2. When prescribing any medication, a medical practitioner must fully and clearly enter in a prescription or medical record such information as name, content, dosage regimen, directions for use and duration of use; shall not be allowed to include functional food products in a prescription.

3. When dispensing medications to a patient, the medical practitioner charged with dispensing prescription medications shall assume the following responsibilities:

a) Check over the prescription, itemized drug receipt, drug name, concentration, content, dosage regimen and directions for use;

b) Check again the prescription against such information as drug name, concentration, content, shelf life and quantity when receiving the medication;

c) Check through the patient’s name, drug name, dosage form, content, concentration, dosage regimen, directions for use and duration of use before dispensing medications to patients;

d) For a patient undergoing inpatient treatment, fully record the time of dispensing of medications; monitor and promptly detect complications, and notify the medical practitioner directly in charge of the patient case.

4. Patients shall be responsible for taking medicines as instructed by medical practitioners. Patients or patients’ representatives must promptly inform medical practitioners or medical establishments of any abnormal sign after the patients take the prescribed drugs.

Article 64. Medical consultations

1. A medical consultation shall be held when a patient case goes beyond the diagnosis and treatment competence of the medical practitioner or medical establishment, or when the patient’s health condition does not improve or worsens after the treatment course. Results of the medical consultation must be recorded and stored in the medical record.

2. Forms of medical consultation shall be as follows:

a) Intradepartmental, interdepartmental and entire-hospital consultation;

b) Inter-institutional consultation between domestic medical establishments; between domestic and foreign medical establishments;

c) Others.

3. Types of consultations shall be as follows:

a) In-person consultation;

b) Telehealth (telemedicine) consultation.

4. Based on consultation results, the medical practitioner directly in charge of the patient case shall make the decision on appropriate diagnosis or treatment for the patient.

Article 65. Implementation of surgical and other invasive procedures

1. Surgical operations and other invasive procedures may be performed only after receiving the consent from patients or their representatives referred to in point a, b, c and d of clause 2 of Article 8 herein.

2. Surgical operations or other invasive procedures may be rendered to the patients who lose their capacity to perform civil acts; have difficulties in cognition, behavior control; have the limited capacity to perform civil acts; minor patients; the patients without families as specified in Article 15 herein.

Article 66. Patient care

1. Patient care is the act of implementation of professional and supportive intervention techniques to care for patients during the healthcare process as prescribed by medical practitioners.

2. Patient care shall encompass the following activities:

a) Determine the needs of clinical care; make the nursing diagnosis; prescribe patient care intervention medicine;

b) Divide levels of care;

c) Perform medical intervention and support procedures to care for patients, and guide patients or patient family caregivers to perform several care activities;

d) Monitor the patient’s condition; measure care intervention results.

Article 67. Nutrition in healthcare

1. Nutrition in healthcare is a clinical nutrition activity and involves the counseling and guidance on nutrition regimes in healthcare.

2. Objectives of nutrition in healthcare shall comprise the following:

a) Examination, assessment, classification of malnutrition, counseling, professional guidance on pathological nutrition and monitoring of nutritional status of patients;

b) Nutrition education and communication.

Article 68. Functional rehabilitation

1. Principles of delivery of functional rehabilitation medicine shall include the following:

a) Prevent and reduce the effects of disability; carry out medical examination for implementation of early rehabilitation interventions;

b) Assess the needs for functional rehabilitation interventions in the course of medical examination and treatment of patients;

c) Ensure that intervention measures must be carried out in a continuous and comprehensive manner according to the stages of disease progression;

d) Cooperate between the rehabilitation department and others; between medical establishments on one side, and individuals, families and community and other agencies and organizations on the other side; implement community-based rehabilitation.

2. Functional rehabilitation shall comprise the following activities:

a) Examine, diagnose and determine the patient’s rehabilitation needs;

b) Utilize movement therapy, physical therapy, occupational therapy, speech therapy, psychotherapy, chiropractic, medical devices, rehabilitation equipment and other interventions;

c) Offer patients and their families counsels on rehabilitation, psychology, education, career guidance and community integration;

d) Adjust and improve access to living environment suitable for health status;

dd) Propagate the practice of prevention of disabilities and diseases.

Article 69. Medical record

1. Patients undergoing inpatient treatment, day treatment or outpatient treatment in medical establishments shall have their medical records created or updated.

Physical and electronic medical records shall be of the same legal value. Forms or templates of medical records and medical record summaries shall be made available for use by the Minister of Health.

2. Medical records shall be safekept and kept confidential in accordance with law; if the medical record is classified as a state secret, the regulatory provisions of law on protection of state secrets shall govern. Depositing or archiving of medical records shall be subject to the regulatory provisions regarding archives.

3. Access to medical records of patients in treatment shall be as follows:

a) Learners, students, trainees, researchers of research institutions, training institutions, medical practitioners, persons directly involved in the treatment of patients at medical establishments may read medical records, and may copy medical records only when obtaining the consent from the safekeeping medical establishments;

b) Practitioners from other medical establishments may read and copy them with the consent of the safekeeping medical establishments.

4. Access to medical records of patients completing treatment that are kept as archives shall be as follows:

a) Representatives of state management agencies in charge of health, investigative agencies, procuracies, courts, health inspectors, forensic organizations, forensic psychiatrists, and patients’ lawyers shall be allowed to access and provide medical records to perform their tasks in accordance with relevant laws;

b) Learners, students, trainees, researchers of research institutions, training institutions, medical practitioners at medical establishments may borrow medical records to read on the spot, or may copy medical records for later use in their researches or the work relating to their professional expertise with the consent of the safekeeping medical establishments;

c) Representatives of social insurance agencies or state compensation settlement agencies may borrow medical records to read or take notes on the spot, or request copies of the given medical records to serve the purpose of performing their assigned tasks with the consent of the safekeeping medical establishments;

d) Patients or their representatives specified in point c and d of clause 2 of Article 8 herein shall be entitled to read, view, copy and take notes from their medical records, and be provided with medical record summaries upon written request;

dd) Patients’ representatives specified in point a and d of clause 2 of Article 8 herein shall be entitled to medical record summaries upon written request.

5. When using information included in medical records, those specified in clause 3 and 4 of this Article must treat such information completely confidential and only use them for the given purposes as registered with the medical establishments.

Article 70. Shift work in healthcare

1. Medical establishments with inpatient beds and/or beds for monitoring and treatment of patients and out-of-hospital emergency care centers shall organize the on-call and continuous medical shift system according to the working hours specified in operating licenses, including holidays, New Year’s Days or days-off, in order to promptly give emergency care and maintain other medical activities.

2. Shift work practice in healthcare shall cover the following components:

a) Leadership shift work;

b) Clinical shift work;

c) Subclinical shift work;

d) Logistics and administrative shift work.

3. Shift work practice in healthcare at medical establishments shall include all of the foregoing components; Shift work in healthcare defined in clause 1 of this Article at a medical establishment which is not a hospital shall be subject to the regulations promulgated by the Minister of Health.

4. Heads of medical establishments defined in clause 1 of this Article shall assume the following responsibilities:

a) Design the shift worker’s schedule;

b) Ensure the sufficient number of emergency ambulances according to the form of organization of healthcare of each medical establishment; fully provide essential medical equipment and medications used in emergencies;

c) Implement the shift-based reporting regime.

Article 71. Prevention of medical incidents at medical establishments

1. The prevention of medical incidents shall be practised on the basis of identifying; reporting; conducting analyses to find the causes of; giving cautions and solutions to prevent and avoid the recurrence of medical incidents to improve the quality of healthcare services and patient safety.

Cautions and solutions aimed at preventing medical incidents shall be published on the healthcare management information system.

2. Heads of medical establishments and staff working for medical establishments shall be charged with the prevention of incidents in hospital.

Article 72. Reception and management of patients without families

1. When receiving patients without families and rendering healthcare services to them, medical establishments shall be responsible for tallying, making a tally report of and keeping the patient’s belongings.

2. Within 48 hours after receiving a patient, if it is impossible for a medical establishment to identify a patient’s family, the medical establishment shall have the following responsibilities:

a) Report the patient case to the commune-level People’s Committee of the locality where the medical establishment is located in order for it to post the notification of search for the patient’s missing family via mass media;

b) If the child patient under 6 months of age is abandoned at the medical establishment, the receiving medical establishment shall submit an application package for admission of the social protection beneficiary to the social welfare centers in accordance with laws on social protection.

3. With regard to a patient who loses his/her capacity to perform civil acts; faces impaired cognition, difficulties in behavior control; has limited capacity to perform civil acts, if the receiving medical establishment fails to identify his/her family after his/her being restored to a stable condition after end of the treatment, that medical establishment shall submit an application package for admission as an extremely disadvantaged social protection beneficiary to a social welfare center in accordance with laws on social protection.

4. If a patient is dead, the medical establishment receiving that patient shall take action under Article 73 herein.

5. Medical establishments shall be responsible for offering care, nursing, medical examination and treatment services for a patient during the period from reception to completion of referral to social welfare centers, or until that patient is dead.

6. The Government shall impose regulations on payment of costs of care, nursing, medical examination and treatment services to those beneficiaries referred to herein, and on management of patients without families who are foreign nationals.

Article 73. Management of death cases

1. Management of death cases prior to arrival at a medical establishment shall be subject to the following regulations:

a) If the receiving medical establishment manages to find the dead patient’s identification documents and successfully contacts his/her family, they shall inform his/her family of the death and request them to come to claim the dead body;

b) If the receiving medical establishment finds out the dead patient’s identification documents; or finds out the dead patient’s identification documents, and fails to contact his/her family, in either case, they shall issue a notification of the dead patient to the commune-level People’s Committee of the locality where that medical establishment is located within 24 hours from the time of receipt of the dead body.

The commune-level People’s Committee of the locality where the receiving medical establishment is located shall receive and bury the dead body within a maximum of 48 hours after receipt of the aforesaid notification.

2. A medical establishment shall manage a death case according to the following regulations:

a) That medical establishment shall have the duty to issue a death notice; conduct a death review meeting; complete and deposit the patient’s medical record; take and store any specimen of the dead body needed for later identification of the patient’s identities as specified in point b of clause 1 of this Article; notify the patient’s family in order for them to prepare for burial activities;

b) That medical establishment shall have the duty to notify the commune-level People’s Committee of the locality where the medical establishment is located within 24 hours from the time of the death of the patient if the patient’s dead body is left unclaimed or denied.

The commune-level People’s Committee of the locality where the receiving medical establishment is located shall receive and bury the dead body within a maximum of 48 hours after receiving the notification specified in point b of this clause.

3. The Government shall impose regulations on management of death cases involving foreign patients without families, and on payment of costs of the burial service specified in point b of clause 1 and point b of clause 2 of this Article.

Article 74. Hospital-acquired infection control

1. Infection control in the healthcare setting shall include the following measures:

a) Surveillance of healthcare-associated infections and epidemic-prone diseases;

b) Monitoring of compliance with infection control practices;

c) Standard precautions, transmission-based precautions;

d) Infection control for medical instruments and equipment;

dd) Hand hygiene;

e) Environmental hygiene;

g) Prevention and treatment of microorganism-associated infections;

h) Food safety;

i) Other infection control measures.

2. Medical establishments shall assume the following responsibilities:

a) Implement infection control measures specified in clause 1 of this Article;

b) Sufficiently provide physical facilities, equipment, protective clothing, and personal hygiene conditions for hospital staff, patients and other healthcare visitors subject to hospital-acquired infection control requirements;

c) Offer patients and their families counsels on infection control measures;

d) Organize infection control systems in place at medical establishments.

Article 75. Medical waste management and environmental protection in the healthcare setting

Medical establishments shall be responsible for medical waste management and environmental protection at medical establishments in accordance with laws on environmental protection.

Article 76. Outpatient treatment

When the inpatient treatment is not required, the outpatient treatment may be applied.

Article 77. Inpatient treatment

1. Inpatient treatment shall be applied when the patient must remain at a medical establishment to receive medical care as recommended by the medical practitioner.

2. Depending on its corresponding specialization and operational condition, a medical establishment may provide inpatient treatment services. Private polyclinics located in poor, extremely poor areas, border areas or islands; state-owned regional polyclinics; maternity wards; commune health stations are allowed to set medical beds ready for monitoring and treatment of patients within a maximum of 72 hours, except in case of force majeure events, such as natural disasters, catastrophes or epidemics.

3. Interdepartmental referral shall be carried out as follows:

a) Such referred shall be permitted if it is discovered that other specialized department is suitable to treat a patient’s condition;

b) The referring department is required to complete the patient’s medical record, transfer the patient and his/her medical record to the receiving department.

4. Where an inter-institutional referral is required, the referring medical establishment shall complete the medical record and refer the patient to the receiving one.

If such inter-institutional referral is carried out at the request of the patient referred to in Article 15 herein, or his/her representative, that patient or his/her representative shall be required to give a written commitment on his/her personal responsibility for such referral.

5. A patient may leave a medical establishment when:

a) that patient has recovered or his/her condition is stable;

b) the patient who loses his/her capacity to perform civil acts, has impaired cognition or difficulties in behavior control or limited capacity to perform civil acts; the minor patient; or his/her representative applies for such leaving and submits their commitment.

6. When a patient is leaving, the medical establishment shall assume the following responsibilities:

a) Complete his/her medical record;

b) Provide self-care instructions;

c) Recommend the patient to undergo the outpatient treatment where necessary;

d) Deal with payments on medical bills;

dd) Give out the completed hospital discharge form.

Article 78. Day treatment

1. A patient may undergo the day treatment when they are prescribed the inpatient treatment by the medical practitioner without needing to remain in hospital.

2. Day treatment shall be as specified in Article 77 herein.

Article 79. Mobile healthcare

1. Mobile healthcare services shall include the following:

a) Mobile or outreach health activities taking place at venues other than the official address specified in the operating license of the medical establishment organizing these activities;

b) Home or workplace healthcare services

c) Humanitarian outreach healthcare campaigns organized at intervals.

2. Conditions for provision of mobile healthcare services shall be as follows:

a) The mobile health care activities and services specified in point a and b of clause 1 of this Article must be provided by a medical establishment with a sufficient number of medical practitioners, equipment, facilities and other suitable conditions corresponding to the scale and scope of mobile health services, except for home healthcare services performed by local village or community health workers and midwives;

b) The mobile health care activities and services specified in point c of clause 1 of this Article must conform to the conditions set out in clause 2 of Article 88 herein;

c) The mobile healthcare services and activities specified in point a and c of clause 1 of this Article can commence with the consent of a health agency under the People’s Committee of the province where they are planned to take place, except as medical establishments under the People’s armed forces render these services and activities to patients under these armed forces’ authority.

3. The Government shall elaborate on this Article.

Article 80. Telehealth and telehealth support

1. Telehealth occurring between medical practitioners and patients shall be carried out as follows:

a) It shall depend on the scope of practice of the medical practitioner; the remote treatment shall be delivered according to the nomenclature of diseases or medical conditions sanctioned by the Minister of Health;

b) Medical practitioners shall be liable for their clinical diagnosis results, prescription for therapies or remedies and medications.

2. Telehealth support occurring between medical establishments shall be carried out as follows:

a) Medical practitioners directly in charge of patient cases at the supported medical establishments shall be responsible for their medical examination and treatment results;

b) The supported medical establishments must pay costs of telehealth support to the supporting ones at the prices agreed upon between them.

3. The Government shall impose detailed regulations on telehealth and telehealth support.

Article 81. Family medicine

1. Family medicine shall be delivered by family medical establishments or other healthcare facilities whose family medicine is one of their scope of professional services or activities.

2. The medical establishments defined in clause 1 of this Article shall perform the following tasks:

a) Render primary health monitoring and care services in local areas falling within their remit;

b) Provide counsels and preventive medicine services relating to diseases, bodily impairments, and health improvement;

c) Deliver primary emergency care and medical services;

d) Provide home-based healthcare, functional rehabilitation, palliative care and end-of-life care services;

dd) Make decisions to refer patients under their management to other medical establishments; receive and manage the health of patients received from other medical establishments;

e) Perform other tasks assigned by competent authorities.

Article 82. Involuntary treatment

1. Patient cases subject to the involuntary treatment requirements in accordance with this Law shall be defined as follows:

a) Persons suffering from group-A infectious diseases that are defined in laws on prevention and control of infectious diseases;

b) Persons with depression susceptible to suicidal thoughts and behaviors; persons with mental illness in an agitated state that is likely to harm himself or with behaviors harming other persons, or destroying property;

c) Others defined by law.

2. The Government shall regulate involuntary treatment measures applied to those defined in clause 1 of this Article.

Article 83. Medical examination

1. Types of medical examination shall be as follows:

a) Periodic health check-ups;

b) Health checks for health classification for study and employment;

c) Health screenings at school for pupils and students;

d) Health checks designed for particular occupations or job positions;

dd) Health screenings for detection of occupational diseases;

e) On-demand health checks;

g) Others.

2. The Minister of Health shall lay down regulations on medical examination standards and medical examination activities prescribed in clause 1 of this Article, except as defined in clause 3 of this Article.

3. The Minister of National Defence and the Minister of Public Security shall promulgate regulations on particular health standards and medical examination activities applied to persons undergoing medical examination under their authority.

Article 84. Medical assessment

1. Medical assessment is classified into initial assessment, reassessment, review assessment and final assessment.

2. Assessment conclusions must be relevant to questions of the assessment sought or requested by entities or persons. Entities or persons publishing assessment findings shall be legally responsible for these findings.

Chapter VI

HEALTHCARE PROVIDED BY APPLICATION OF THE TRADITIONAL MEDICINE AND THE COMBINATION OF THE TRADITIONAL MEDICINE AND THE MODERN MEDICINE

Article 85. Development of healthcare by application of the traditional medicine

1. State-owned general hospitals shall be required to deliver healthcare by application of the traditional medicine; traditional medical facilities shall be encouraged to deliver healthcare if they fully satisfy all given conditions.

2. It shall be necessary to uphold and develop traditional remedies and therapies; patients are incentivized to use herbal medicines and traditional medications made from home-grown materials that have been clinically proven to be efficacious in the prevention and treatment of diseases. The development of community-based traditional biomedical methods should be incentivized and supported.

3. Scientific and technological researches in the traditional medicine described hereunder shall be incentivised:

a) Discoveries of and researches on herbal medicines and traditional drugs;

b) Researches on the tastes and effects in traditional medicine of traditional herbs, folk medicines, and remedies determined according to traditional medicine and modern medicine that have effects in the prevention and treatment of diseases;

c) Researches on the safety and efficaciousness of cure practices and non-drug therapies in traditional medicine for the prevention and treatment of diseases;

a) Researches for selection and development of safe and highly efficacious herbal medicines and traditional drugs in the treatment of diseases;

dd) Researches on the safety and effectiveness in use of herbal medicines, traditional drugs combined with chemical drugs over stages of disease progression;

e) Researches on combination of traditional medicine with modern medicine in medical diagnosis for formulation of a set of criteria for diagnoses of diseases and medical conditions in traditional medicine;

g) Researches on application of innovative technologies for production of herbal medicines and traditional drugs in modern dosage form.

4. Registration for intellectual property rights to folk remedies or therapies shall be incentivized.

Article 86. Development of resources supporting healthcare provided by application of traditional medicine

1. Lessons on traditional medicine shall be integrated into courses provided by health or medicine training institutions; Forms and types of training of human resources in traditional medicine with different levels of qualification shall be diversified.

2. Herbalists and holders of folk remedies or therapies shall have access to training courses designed for updating, mentoring and improvement of knowledge about both modern medicine and traditional medicine.

3. When training a person as the heir of his/her folk remedy or therapy, the holder of that folk remedy or therapy shall be incentivized to register with a health agency under the People’s Committees of the province where they are practising traditional medicine.

4. The Minister of Health shall promulgate regulations on conferral of the herbalist certificate, the certificate of holder of folk remedy and the certificate of holder of folk therapy.

Article 87. Combination of traditional medicine and modern medicine

1. Combination of traditional medicine and modern medicine shall be carried out at medical establishments and subject to the following regulations:

a) Professional methods and techniques in traditional medicines combined with those in modern medicine shall be used for delivery of healthcare, monitoring and evaluation of treatment outcomes;

b) Only qualified practitioners can prescribe therapies or medications which are the products of combination of traditional medicine and modern medicine.

2. The Minister of Health shall elaborate on this Article.

Chapter VII

HUMANITARIAN HEALTHCARE; NOT-FOR-PROFIT HEALTHCARE; TRANSFER OF PROFESSIONAL AND TECHNICAL EXPERTISE IN HEALTHCARE

Section 1. HUMANITARIAN HEALTHCARE, NOT-FOR-PROFIT HEALTHCARE

Article 88. Activities involved in humanitarian healthcare or not-for-profit healthcare

1. Domestic or foreign entities or persons shall reserve the right to apply for the delivery of humanitarian healthcare or not-for-profit healthcare in Vietnam.

2. Conditions for provision of humanitarian healthcare at intervals shall be as follows:

a) Humanitarian healthcare must be rendered by medical practitioners or persons defined in clause 3 of Article 19 herein;

b) Humanitarian healthcare must be delivered by medical establishments or entities licensed to operate in Vietnam;

c) Funding for humanitarian healthcare must be available and patients receiving humanitarian healthcare shall be exempted from all costs incurred from humanitarian healthcare services;

d) Humanitarian healthcare shall require the consent from competent authorities pursuant to the Government’s regulations.

3. Conditions for award of operating licenses to humanitarian healthcare or not-for-profit healthcare facilities shall be as follows:

a) They are required to satisfy licensing requirements specified herein;

b) Humanitarian healthcare facilities must ensure adequate funding for humanitarian healthcare activities and grant their patients exemption from all costs incurred from humanitarian healthcare activities;

c) Not-for-profit healthcare facilities are committed to operate for non-profit purposes, and not to withdraw funds; the part of annual income under consolidated common ownership that is undistributed shall be used for investment in ongoing development of these healthcare facilities. The foregoing commitment shall be documented in decisions on establishment or transformation of medical establishments.

4. The Government shall elaborate on this Article.

Article 89. Incentives for humanitarian healthcare or not-for-profit healthcare facilities

1. As founded, humanitarian healthcare or not-for-profit healthcare facilities shall be entitled to incentives specified in laws.

2. Humanitarian healthcare or not-for-profit healthcare facilities shall implement regulations on finance, accounting, audit, taxes, asset due diligence and financial disclosure set out in laws, under which the undistributed part of income of not-for-profit healthcare facilities shall not be taxed.

Section 2. TRANSFER OF PROFESSIONAL AND TECHNICAL EXPERTISE IN HEALTHCARE

Article 90. Transfer of professional and technical expertise in healthcare

1. Medical establishments shall be entitled to cooperate in transfer of professional and technical expertise in healthcare in Vietnam with domestic or foreign entities or persons.

2. Training in transfer of professional and technical expertise in healthcare shall be provided by lawful practitioners or medical establishments.

3. The Government shall elaborate on this Article.

Article 91. Incentives for transfer of professional and technical expertise in healthcare

Transfer of professional and technical expertise in healthcare shall be eligible for the incentives defined in laws on technology transfer, intellectual property, science and technology.

Chapter VIII

APPLICATION OF NEW TECHNIQUES OR METHODS AND CLINICAL TRIALS IN HEALTHCARE

Section 1. APPLICATION OF NEW TECHNIQUES OR METHODS IN HEALTHCARE

Article 92. New healthcare techniques or methods

1. New techniques or methods are those techniques and methods that are applied for the first time in Vietnam.

2. New techniques or methods shall comprise the following:

a) New techniques or new methods that are researched in Vietnam or abroad;

b) New techniques or new methods that are available for use with the consent of competent authorities in foreign countries.

Article 93. Conditions for application of new techniques or methods in healthcare

1. In order to apply for permission to use a new healthcare technique or method, a medical establishment shall be required to satisfy the following conditions:

a) Their operating license itemizes professional activities for which that new technique or method is suitable;

b) Their physical infrastructure, medical equipment, staff and other conditions meet the requirements for application of that new technique or method.

2. A new technique or method shall be applied as follows:

a) The medical establishment prepares the proposal for permission to apply that new technique or method;

b) The Ministry of Health reviews or decentralizes authority to consider granting permission to experiment on that new technique or method;

c) After completing the experimentation stage, the medical establishment integrates experimentation results into the application for the acceptance testing conducted by the Ministry of Health;

d) If the acceptance testing result is satisfactory, the Ministry of Health shall be responsible for issuing written permission to apply that new technique or method.

3. The Government shall elaborate on this Article.

Section 2. CLINICAL TRIALS IN HEALTHCARE

Article 94. Clinically trialed objects

1. New healthcare techniques or methods.

2. Medical equipment that is ranked highly above-average or high in the risk rating adopted by the Government before being registered for free sale in Vietnam.

Article 95. Conditions of participants in clinical trials in healthcare

1. Persons who meet the professional requirements of a clinical trial of new technique or method, medical equipment in use in medical examination and treatment activities (hereinafter referred to as clinical trials) and voluntarily participate in clinical trials.

2. In order to participate in a clinical trial, the participant who is a person who loses his/her capacity to perform civil acts, has impaired cognition or difficulties in behavior control or limited capacity to perform civil acts; the minor patient shall be required to seek the consent from his/her representative or guardian under civil law.

3. If the participant in a clinical trial is the one specified in clause 2 of this Article above; a pregnant or lactating woman, the research profile shall need to clarify reasons for recruitment and proper actions for protection of the participant, unborn babies or the infants who are being breast-fed by the mother participating in the clinical trial.

Article 96. Rights and obligations of participants in clinical trials

1. A participant in a clinical trial shall reserve the following rights:

a) Have access to full and accurate information about the clinical trial and potential risks before the clinical trial is initiated;

b) Receive any compensation for any damage caused by the clinical trial;

c) Have the confidentiality of his/her personal information relating to the clinical trial protected;

d) Gain exemption from any liability when unilaterally terminating his/her participation in the clinical trial;

dd) File complaints, denunciations or take legal actions against any violation of laws committed by entities or persons whose new techniques, methods or medical equipment need to be clinically trialed.

2. Participants in clinical trials shall be obliged to comply with the instructions specified in the approved clinical trial profiles.

Article 97. Rights and responsibilities of entities and persons whose new techniques or methods need to be clinically tested

1. Entities and persons whose new techniques or methods need to be clinically tested shall have the following rights:

a) Designate any body meeting facility and personnel requirements to conduct clinical trials;

b) Retain full ownership of clinical trial results.

2. Entities and persons whose new techniques or methods need to be clinically tested shall have the following rights:

a) Compensate participants in clinical trials for any risk that may arise during the process of conduct of clinical trials in accordance with laws;

b) Enter into written contracts for clinical trials with testing bodies;

c) Have legal liability for quality and safety of new technique, method or medical equipment that they hand over for clinical trials.

Article 98. Rights and responsibilities of testing bodies

1. Testing bodies shall reserve the following rights:

a) Take steps in accepting conduct of clinical trials in accordance with law;

b) Import and purchase chemicals, reference materials, specimens of medications and medical equipment needed for a clinical trial;

c) Use findings from a clinical trial in accordance with entities and persons whose new techniques, methods or medical equipment need to be clinically tested.

2. Testing bodies shall assume the following responsibilities:

a) Take responsibility for the completeness, accuracy and reliability of clinical trial findings;

b) Bear responsibility for the safety of clinical trial participants and compensate them for any risk that they may incur through the testing body’s fault in accordance with laws;

c) Ensure authenticity and objectivity during a clinical trial.

Article 99. Principles and authority of approval of clinical trials

1. Clinical trials shall be performed before application of a new technique or method, or marketing authorization of a medical device, except in the case of exemption from clinical trials or exemption from certain phases of a clinical trial.

2. A clinical trial shall be conducted only after the profile of that clinical trial has passed the scientific and ethical evaluation by the Ethics Committee on Biomedical Researches referred to in clause 3 of this Article, and after it is approved in writing by the competent authority.

3. Ethics Committee on Biomedical Researches is an independent committee set up to protect the rights, safety and health of the participants in clinical trials.

4. Conduct of clinical trials, scientific and ethical evaluation of the clinical trial profiles and approval of clinical trials shall adhere to the following basic principles:

a) Respect, protect and uphold the self-determination rights of participants in clinical trials;

b) Ensure that research interests should prevail over risks incurred during clinical trials;

c) Ensure equal benefits and responsibilities; make sure that risks are evenly distributed among clinical trial participants;

d) Assure implementation of clinical trial stages and compliance with good practice in testing new techniques, methods or clinical testing of medical devices as instructed by the Minister of Health.

5. The Government shall elaborate on the followings:

a) Clinical trial stages;

b) Cases of eligibility for exemption from clinical trials or certain of clinical trial stages;

c) Requirements of new techniques, methods or medical equipment to be clinically trialed;

d) Requirements of the testing body;

dd) Application package, procedures and processes for a clinical trial;

e) Establishment of the Ethics Committee on Biomedical Researches.

Chapter IX

ERRORS IN PROFESSIONAL AND TECHNICAL EXPERTISE IN HEALTHCARE (hereinafter referred to as medical errors)

Article 100. Identification of medical practitioners committing medical errors

1. A medical practitioner shall be blamed for medical errors when the Expert Panel defined in Article 101 herein establishes that he/she

a) has breached the duty of patient care and treatment;

b) has violated regulations on professional and technical errors in healthcare.

2. A medical practitioner shall not be blamed for medical errors when the Expert Panel defined in Article 101 herein establishes that he/she falls into the following cases:

a) In the course of healthcare, despite the fact that he/she has fulfilled his/her duty of patient care or treatment and complied with regulations on professional and technical expertise in healthcare, a medical accident is inflicted upon his/her patient;

b) Any medical accident is inflicted upon his/her patient when he/she performs emergency care procedures under the insurmountable circumstances involving shortages in medical equipment, devices, medications or medical practitioners that cannot be remediated; when he/she has to cure any disease without professional and technical instructions in healthcare;

c) Any force majeure event, objective obstacle or other objective condition occurs, leading to a medical accident happening to his/her patient;

d) Any medical accident occurs as a result of the patient’s deliberate act.

Article 101. Expert Councils

1. When a medical accident the occurs entails a dispute to be resolved, at the request of the patient involved, his/her representative or the medical practitioner, the medical establishment where it occurs must establish an Expert Council to determine whether or not its medical practitioner has made a medical mistake.

2. An Expert Council shall be composed of:

a) Experts in relevant professional activities;

b) Experts from other specializations or sub-specializations relevant to the medical accident.

3. The rules of impartiality and no conflict of interests must be observed to solicit experts to join an Expert Council.

4. An Expert Council shall be set up in the following cases:

a) It is founded by a medical establishment on its own account as prescribed in clause 1 of this Article. If the medical establishment fails to autonomously set up the Expert Council, it shall submit an application for setting up an Expert Council to a competent public health authority immediately supervising that medical establishment;

b) An Expert Council may be set up under the decision of a competent public health authority immediately supervising a medical establishment on application from that medical establishment in accordance with point a of this clause, or by written application from a disputing party when that party disagrees with the conclusion of the Expert Council that that medical establishment sets up on its own account;

c) An Expert Council may be set up under the decision of the Ministry of Health by written application from a disputing party when that party disagrees with the conclusion of the Expert Council set up by the competent public health authority immediately supervising the medical establishment.

5. Expert Councils shall run according to the following principles:

a) An Expert Council runs according to the principle of collective discussion, majority decisions, and legal responsibility for its conclusions;

b) The conclusion of an Expert Council provides a basis for settling the dispute arising from a medical accident that occurs and is the prerequisite for issuance of the decision on imposition of sanctions intra vires on a medical practitioner by the competent health state authority or the head of the medical establishment;

c) The conclusion of the Expert Council set up under the decision of the Ministry of Health shall be the final conclusion as to whether a medical error exists.

6. The Minister of Health shall regulate the organization and operation of Expert Councils, and the processes and procedures for resolution of disputes arising in case of occurrence of medical accidents.

Article 102. Compensation for medical accidents

If a medical accident is inflicted upon a patient, the medical establishment shall compensate patients under laws, except as defined in clause 2 of Article 100 herein.

Article 103. Professional liability insurance in healthcare

1. Professional liability insurance in healthcare is a type of insurance used to pay indemnities for damage caused by medical accidents occurring during the course of delivery of healthcare within the insurance policy period, and legal costs related to these medical accidents, except as specified in point d of clause 2 of Article 100 herein.

2. Insurers shall be responsible for paying medical establishments for indemnification costs specified in clause 1 of this Article under insurance contracts in force.

3. Professional liability insurance in healthcare shall be subject to laws on insurance business.

4. The Government shall elaborate on this Article.

Chapter X

PRECONDITIONS FOR HEALTH CARE OPERATIONS

Section 1. PRECONDITIONS REGARDING PROFESSIONAL AND TECHNICAL EXPERTISE IN HEALTHCARE

Article 104. Levels of professional and technical expertise in healthcare

1. Public and private medical establishments shall be divided into 03 levels of professional and technical expertise in healthcare as follows:

a) Primary healthcare level is assigned to medical establishments performing outpatient examination, treatment and primary health care procedures; community-based morbidity management and functional rehabilitation procedures;

b) Basic healthcare level is assigned to medical establishments performing general outpatient and inpatient healthcare procedures; providing general practical training and continuous updates on medical knowledge for medical practitioners;

c) Intensive healthcare level is assigned to medical establishments performing intensive outpatient and inpatient healthcare procedures; providing intensive practical training; conducting intensive continuous research and training; transferring technologies in healthcare.

2. Levels of professional and technical expertise in healthcare shall be arranged to ensure continuity and interconnection in the provision of medical examination and treatment services according to the condition and severity of diseases, and adherence to the following principles:

a) A medical establishment can only be classified into a level of professional and technical expertise in healthcare; if a medical establishment can cover the functions assigned to all 3 levels, it shall be classified as the intensive healthcare level; if a medical establishment can cover the functions assigned to the primary healthcare level and the basic healthcare level, it shall be classified into the basic healthcare level;

b) A medical establishment classified into a level must concentrate on performing the functions assigned to that level and may perform the functions assigned to other levels if it fully meets the conditions imposed by the Minister of Health; perform the functions of other levels according to the characteristics of the industry or sector specified in the Government’s regulations.

3. A medical establishment shall be classified into a level of professional and technical expertise in healthcare according to the following criteria:

a) Its competence in providing healthcare services and scope of professional activities;

b) Its capacity to participate in medical internship programs;

c) Its capacity to get involved in providing technical assistance to other medical establishments;

d) Its competence in conducting medical researches.

4. The Government shall elaborate on this Article.

Article 105. Medical practitioner training and mentoring

1. Medical establishments shall be responsible for organizing and encouraging medical practitioners to participate in training courses on continuously updated medical knowledge, and mentoring sessions on professional and technical expertise in healthcare and professional ethics.

2. The State funding policies shall be as follows:

a) Incentive scholarships offered students majoring in psychiatry, anatomic pathology, forensic medicine, forensic psychiatry, infectious diseases or resuscitation in emergency care medicine whose academic and training results satisfy eligibility criteria of public health training institutions;

b) Social service grants offered students majoring in psychiatry, anatomic pathology, forensic medicine, forensic psychiatry, infectious diseases or resuscitation in emergency care medicine who are working for medical establishments located in poor or extremely poor local areas.

3. State funding to students majoring in psychiatry, anatomic pathology, forensic medicine, forensic psychiatry, infectious diseases or resuscitation in emergency care medicine shall be as follows:

a) All tuition and fees and living expenses in the entire course that is provided by a public health training institution;

b) Funding for the aforesaid tuition and fees and living expenses in the entire course shall be equivalent to the amount specified in point a of this clause if the student receiving such funding choses to study at a public health training institution.

4. The State solicits entities and persons to offer grants or scholarships or financial aid to students.

5. The Government shall elaborate on this Article.

Section 2. FINANCIAL PRECONDITIONS

Article 106. Financial sources for healthcare

1. Financial sources for healthcare shall comprise the following:

a) State budget;

b) Health insurance fund;

c) Payments collected from patients;

d) Grants, sponsorship, aid or gift from domestic and foreign organizations and individuals as prescribed in laws;

dd) Other legitimate financial sources defined in laws.

2. Medical establishments shall comply with regulations of law on finance, accounting, audit, taxes, asset due diligence and financial disclosure.

Article 107. State budget expenditures on healthcare

1. State budget expenditures shall be used for paying medical establishments for their providing healthcare services on the list of healthcare services funded by the state budget in accordance with laws, and for their performing the tasks ordered or assigned by competent state agencies.

2. State budget expenditures shall be used as financial support for public medical establishments in accordance with laws on state budget and laws on financial autonomy applied to public service units, including financial support for those public medical establishments that fail to meet their recurrent expenditures.

3. State budget expenditures shall be used as other investments in development of medical establishments in accordance with laws.

4. State budget expenditures shall be used as payments or financial support for health insurance contributions of beneficiaries of State-funded payments or financial support for their health insurance policies as defined in laws on health insurance.

Article 108. Regulations on autonomy of public medical establishments

1. Public medical establishments shall be entitled to State funding to perform their functions and tasks assigned by competent state agencies; shall be responsible for effectively using financial resources in accordance with law, upholding their potentials and strengths, and improving the quality of healthcare services.

2. Medical establishments may enjoy autonomy in deciding on their organization and personnel, performing tasks, developing professional and other activities to support medical examination and treatment activities according to regulatory provisions of this Law and other relevant laws.

3. Medical establishments shall implement financial autonomy under laws, and the following practices of financial autonomy:

a) Deciding for themselves on details and rates of payments for services and goods related to medical examination and treatment, assistance for patients and their families in accordance with law, except for services and goods of which prices are fixed by the State;

b) Deciding for themselves to use legitimate revenues for investment in projects on implementation of medical examination and treatment activities pursuant to laws;

c) Deciding for themselves on details and amounts of payments funded by revenues generated from medical examination and treatment services and public services, and funding for placement of orders according to the internal spending regulations of medical establishments according to the regulatory provisions of laws and financial viability of each medical establishment;

d) Deciding for themselves to use public property in accordance with laws for the purposes of developing medical examination and treatment activities according to the principles of preservation and development; receiving, managing, exploiting and using property gifted or donated by entities and persons according to the principles of publicity, transparency and non-binding interest relation between the parties to serve the work of medical examination and treatment;

dd) Medical establishments that can cover investment and recurrent expenditures on their own may decide for themselves on prices of healthcare services, but not exceeding the corresponding prices for healthcare services quoted by the Minister of Health, except for the prices of on-demand healthcare services and the prices of healthcare services formed from cooperation activities in the mode of public-private partnership as defined in clause 7 and 9 of Article 110 herein.

4. The Government shall elaborate on this Article.

Article 109. Social involvement in healthcare

1. Organizations, families and individuals shall have the duty to take care of their own health and help members of organizations, families and themselves to detect diseases early; participate in emergency care, assist in dealing with accidents and injuries in community, and participate in medical examination and treatment activities upon receipt of mobilization decisions of competent bodies and persons.

2. The State shall diversify types of medical examination and treatment services; grant entities and persons participating in the construction of medical examination and treatment establishments incentive policies prescribed in law on social involvement, ensuring the principles of publicity, transparency, equality, sustainability, effectiveness and harmonization of interests between the State, investors, patients and community; encourage private medical establishments to get involved in providing humanitarian or not-for-profit healthcare services; encourage the establishment of the healthcare support fund.

3. Ways to call for social or private-sector investments in healthcare shall be as follows:

a) Investing in setting up private medical establishments;

b) Investing in setting up private medical establishments in the mode of public-private partnership;

c) Borrowing funds for public investment in infrastructure and medical equipment;

d) Renting or leasing out property, clinical services, subclinical services, non-medical services, pharmacy services or hospital management and operation services;

dd) Buying under deferred or instalment payment terms; hiring or borrowing medical equipment;

e) Grants or aid from domestic and foreign entities and persons;

g) Others prescribed in laws on management and utilization of public assets and regulatory provisions of other relevant laws.

4. Calling for social or private-sector investments in healthcare by public medical establishments shall be subject to laws.

5. The Government shall elaborate on this Article.

Article 110. Prices of healthcare services

1. Prices of healthcare services shall be composed of the following factors:

a) Total prices of healthcare services specified in clause 2 of this Article;

b) Accumulated rates or proposed profits (if any);

c) Financial obligations prescribed by laws.

2. Total price of a healthcare service shall be constituted by the following costs and expenses:

a) Personnel costs, including salaries and wages paid according to the corresponding type of service provided, salary-based contributions and allowances as defined in regulations;

b) Direct expenses, including costs of drugs, chemicals, blood, blood products, and costs of raw materials, supplies, tools, instruments, fuels, energy used in medical examination and treatment activities, and other direct expenses;

c) Depreciation costs of medical equipment and fixed assets;

d) General and administrative expenses, including costs of repair, servicing and maintenance of medical equipment, fixed assets; costs of environmental protection, infection control; training, scientific research, information technology costs; costs of purchase of professional liability insurance; costs of quality management; loan interest (if any); and other expenses related to medical examination and treatment activities.

3. Prices of healthcare services shall be determined according to types of healthcare services provided, and the following principles:

a) Offsetting medical examination and treatment expenses in accordance with the provisions of point b and c of clause 4 of this Article;

b) Harmonizing the interests of the State, the legitimate rights and interests of medical establishments and patients;

c) Reviewing the price-formation factors to adjust the prices of medical examination and treatment services where necessary. Prices of medical examination and treatment services shall be adjusted to the pricing basis specified in clause 4 of this Article.

4. Pricing of healthcare services shall be based on:

a) Healthcare price formation factors specified in clause 1 of this Article at the pricing time;

b) Supply and demand relationship of medical examination and treatment services; patients’ affordability;

c) Guidelines, policies and laws on autonomy applicable to public service units over time; the State’s guidelines and policies for socio-economic development over time according to the roadmap for correct and sufficient calculation of prices of medical examination and treatment services adopted by the Government.

5. The Minister of Health shall have the following duties:

a) Preside over and cooperate with the Minister of Finance in imposing regulations regarding methods of pricing of medical examination and treatment services;

b) Set specific prices of healthcare services on the list of healthcare services covered by the health insurance fund; specific prices of healthcare services funded by the state budget; specific prices of healthcare services not on the list of healthcare services covered by the health insurance fund, but other than on-demand healthcare services for use at medical establishments under the Ministry of Health and other Ministries.

6. Provincial People’s Councils shall set specific prices of healthcare services specified at point b of clause 5 of this Article for use at public medical establishments within the areas under their respective delegated authority on condition that these prices do not exceed the corresponding prices of healthcare services regulated by the Minister of Health.

7. Public medical establishments shall apply specific prices of healthcare services to patients without health insurance cards who use healthcare services on the list of healthcare services covered by the health insurance fund if the healthcare services that they use are not on-demand healthcare services; shall decide on the prices of on-demand healthcare services, and shall be required to register and publicly announce the prices of on-demand healthcare services.

8. Private medical establishments shall be entitled to decide for themselves and must register and publicly announces the prices of their healthcare services.

9. Medical establishments established in the public-private partnership mode shall decide prices of their healthcare services in accordance with laws on investment in the public-private partnership mode.

10. The Government shall elaborate on this Article.

Article 111. Medical support funds

1. Medical support funds shall be set up to financially support patients in a difficult situation or unable to pay medical expenses; persons suffering occupational risks arising from performing healthcare procedures and other activities supporting healthcare procedures.

2. Medical support funds are classified into the following:

a) Medical support funds founded by entities or persons that are organized, operated and managed under laws on social funds and charity funds;

b) Medical support funds established by grants or aid received by medical establishments from organizations and individuals; medical establishments’ funding sources (if any) and other funding sources as prescribed by law, that are organized, operated and managed under internal expenditure rules of medical establishments in line with the regulatory provisions of laws.

Section 3. OTHER PRECONDITIONS

Article 112. Healthcare management information system

1. The healthcare management information system shall contain the following major information:

a) Patients and personal health information;

b) Medical practitioners;

c) Medical establishments;

d) Professional and technical expertise in healthcare;

dd) Prices of healthcare services, prices of on-demand medical care and support services;

e) Healthcare costs, including those covered by the health insurance fund.

2. The healthcare management information system uniformly and centrally managed by the Ministry of Health shall meet conditions for information security and confidentiality as prescribed by law, and ensure interconnection with the national database.

3. Medical establishments shall be responsible for posting adequate, accurate and timely information on the healthcare management information system.

4. Social insurance agencies shall be responsible for posting adequate, accurate and timely information about payment of healthcare costs covered by the health insurance fund on the healthcare management information system.

5. The Minister of Health shall regulate the followings:

a) Output data format standards of the healthcare management information system defined in clause 1 of this Article;

b) Building, management, operation and utilization of the healthcare management information.

Article 113. Medical equipment

1. In order to be put to use at medical establishments, all medical equipment shall be required to obtain legal registration for free sale in Vietnam.

2. Use, inspection, maintenance, servicing, repair or replacement of components; testing and calibration of medical equipment shall comply with the manufacturer’s regulations, unless otherwise required by law on testing and calibration.

3. Medical establishments shall make, manage and keep complete dossiers on monitoring of medical equipment.

4. The Government shall elaborate on this Article.

Article 114. Maintenance of public security and order at medical establishments

1. Measures for maintenance of public security and order of medical establishments and safety for medical practitioners and other staff members at medical establishments shall be as follows:

a) Setting up the system of monitoring and warning of risks of causing insecurity and disorder;

b) Regulating time- and zone-limiting entry/exit to/from medical establishments;

c) Applying high-tech solutions to manage patients, patients’ family caregivers and practitioners in order to enhance security and order at medical establishments;

d) Taking appropriate measures to give patients and patients’ families custody of their assets during their visits to medical establishments;

dd) Prohibiting substances, means, tools and items that cause insecurity and disorder to medical establishments;

e) Applying other security and order measures permitted by laws.

2. If any patient, his/her family or other person commits any act of causing public disorder, infringing upon the life, health and safety of the patient, the medical practitioner, other hospital staff, or persons entering or leaving a medical establishment, the medical establishment may apply the following measures:

a) Apply preventive measures as prescribed by law, and report such act to the police, except if the violator is a patient in a state of emergency;

b) Limit entry/exit to/from areas where security and order is lost or at risk of insecurity and disorder at the medical establishment.

3. Pursuant to the provisions of this Law and other relevant laws, heads of medical establishments shall regulate and undertake the implementation of measures to ensure security and order for medical establishments, and safety for medical practitioners, other hospital staff members, or persons entering and leaving medical establishments.

4. Any person who commits any act of infringing upon the body, health and life, or offending the honor and dignity of medical practitioners and other hospital staff shall, depending on the nature and seriousness of their violation, be subject to administrative sanctions, or liable to criminal prosecution in accordance with law.

Chapter XI

MOBILIZATION AND DISPATCH OF RESOURCES FOR USE IN HEALTHCARE IN CASE OF OCCURRENCE OF NATURAL DISASTERS, CATASTROPHES, GROUP-A INFECTIOUS DISEASES OR STATE OF EMERGENCY

Article 115. Mobilization and dispatch of persons participating in medical examination and treatment activities in response to natural disasters, calamities, group-A infectious diseases or a state of emergency

1. Competent bodies and persons may mobilize or dispatch the following persons to participate in medical examination and treatment activities in response to a natural disaster, calamity, group-A infectious disease or a state of emergency without modification or issuance of practising licenses:

a) Medical practitioners, including foreigners who are practising medicine in Vietnam;

b) Foreigners or overseas Vietnamese whose practising certificates have been awarded by competent foreign bodies and entities;

c) Students, learners or pupils studying at health training institutions; persons qualifying for practising licenses who have not yet been granted practising licenses.

2. Assigning tasks to those specified in clause 1 of this Article shall ensure that professional qualification of the mobilized or dispatched persons is fitted for the assigned tasks to the maximum extent, and ensure safety for patients.

3. While on duty, the mobilized or dispatched persons defined in clause 1 of this Article shall be absolved from all responsibility for any medical accident if any of the circumstances specified in clause 2 of Article 100 herein arises.

4. The Minister of Health shall lay down regulations on mobilization, dispatch and assignment of tasks of the persons defined in clause 1 and 2 of this Article.

Article 116. Mobilization and dispatch of medical establishments for participation in medical examination and treatment activities in response to natural disasters, calamities, group-A infectious diseases or a state of emergency

1. New public medical establishments shall be founded as one of those specified in clause 1 of Article 48 herein to deliver healthcare in response to natural disasters, calamities, group-A infectious diseases or a state of emergency without needing to fully satisfy the conditions specified herein and apply for new operating licenses.

2. When being mobilized or dispatched to participate in healthcare activities in case of occurrence of natural disasters, calamities, group-A infectious diseases or a state of emergency, medical establishments shall not be required to apply for modification of their operating licenses, even if such healthcare activities are not part of their scope of professional activities.

3. The Government shall elaborate on this Article.

Article 117. Financial mechanism for healthcare activities in response to natural disasters, calamities, group-A infectious diseases or a state of emergency

1. The State budget shall cover the followings according to budgetary levels:

a) Salaries, wages, allowances and contributions prescribed by law and other benefits (if any) paid to staff working for the medical establishments specified in clause 1 of Article 116 herein who are paid salaries and wages in accordance with law, and are mobilized or dispatched to support healthcare activities in the event of natural disasters, catastrophes or group-A infectious diseases or state of emergency;

b) Allowances and other benefits (if any) paid to the persons mobilized or dispatched to assist in the delivery of healthcare in the event of a natural disaster, calamity, group-A infectious disease or a state of emergency who are not paid salaries or wages defined in laws.

2. Sources of funding for recurrent expenditures of the medical establishments mobilized or dispatched as prescribed in clause 1 of Article 116 herein, including the state budget, health insurance fund, payments of service users and other lawful revenues as prescribed by law, shall be as follows:

a) The central budget provides funds for operation of medical establishments set up by the central government. If the local budget has covered part of operational costs of centrally-founded medical establishments located within local areas, the central budget shall not be required to pay these costs;

b) The local budget provides funds for operation of medical establishments set up by the local government. If the local budget fails to provide sufficient funds for operation of these medical establishments even when using up all available resources, the central budget shall consider giving its support.

3. The state budget shall cover costs of activities performed by mobilized or dispatched medical establishments for prevention, control and mitigation of consequences in case of natural disasters, calamities, group-A infectious diseases or a state of emergency.

4. The Government shall elaborate on this Article.

Article 118. Authority over mobilization of resources used in medical examination and treatment activities in response to natural disasters, calamities, group-A infectious diseases or a state of emergency

1. The Minister of Health shall be empowered to mobilize human resources and medical establishments nationwide to participate in healthcare activities in case of occurrence of natural disasters, catastrophes, group-A infectious diseases or state of emergency at the request of agencies, organizations or local authorities, except for personnel or medical establishments under the control of the people’s armed forces.

2. Heads of other ministries or central authorities and provincial People’s Committees shall be empowered to mobilize personnel under their management to participate in healthcare activities in the event of natural disasters, calamities, group-A infectious diseases or a state of emergency.

Chapter XII

IMPLEMENTATION PROVISIONS

Article 119. Amendments and supplements to a number of Articles of several laws regarding medical examination and treatment

1. Amending and supplementing clause 10 of Article 4 in the Law on Corporate Income Tax No. 14/2008/QH12 which has been amended and supplemented by several Articles of the Law No. 32/2013/QH13, the Law No. 71/2014/QH13 and the Law No. 61/2020/QH14 as follows:

“10. The undistributed part of income of medical establishments retained for investment in development of those medical establishments; the undistributed part of income of private health facilities which are not medical establishments providing medical examination and treatment services, and the undistributed part of income of private facilities in the education – training, other sectors needing the private-sector involvement that is retained to invest in those facility’s development in accordance with laws on education – training, health, and other sectors needing the private-sector involvement; the undistributed part of income forming assets of cooperatives that are established and operated in accordance with the Law on Cooperatives.”

2. Replacing the phrase “Law on Medical Examination and Treatment No. 40/2009/QH12” by the phrase “the Law on Medical Examination and Treatment No. 15/2023/QH15” at point 26 of Appendix II, regarding the List of technical or specialized planning schemes of the Law on Planning No. 21/2017/QH14.

Article 120. Entry in force

1. This Law is coming into force as from January 01, 2024, except as defined in clause 3, 4, 5, 6, 7, 8 and 9 of this Article.

2. The Law on Medical Examination and Treatment No. 40/2009/QH12 already amended and supplemented by the Law No. 21/2017/QH14 shall be superseded from the effective date of this Law.

3. Vietnam’s National Medical Council (VNMC) shall have the duty to conduct qualification tests in accordance with the following regulations:

a) The qualification test shall be held for the title of doctor from January 1, 2027;

b) The qualification test shall be held for the title of physician assistant, nurse or midwife from January 1, 2028;

c) The qualification test shall be held for the title of medical technician, clinical nutritionist, out-of-hospital paramedic or clinical psychologist from January 1, 2029.

4. The Vietnamese language proficiency conditions applied to foreigners that are set out in point c of clause 1 of Article 19 and point c of clause 2 of Article 30 herein shall be in force on January 1, 2032.

5. Regulations pertaining to information technology infrastructure that are set forth in point d of clause 2 of Article 52 herein shall be implemented as follows:

a) From January 1, 2027, these regulations shall be applied to application packages for operating licenses that are submitted from January 1, 2027;

b) By January 1, 2029 at the latest, these regulations shall be applied to medical establishments awarded operating licenses prior to January 1, 2027.

6. Quality standards specified in point a of clause 1 of Article 57 herein shall be applied as follows:

a) These quality standards shall be applied to hospitals from January 1, 2025;

b) These quality standards shall be applied to other forms of organization of medical establishment from January 1, 2027.

7. Regulations on levels of professional and technical expertise in healthcare set out in Article 104 herein shall be in force as from January 1, 2025.

8. The healthcare management information system shall be completely built and put to use ahead of January 1, 2027.

9. Health bodies of provincial People’s Committees shall issue, re-issue, modify or revise, revoke or withdraw operating licenses of private hospitals from January 1, 2027.

Article 121. Grandfather clauses

1. Practicing certificates issued before January 1, 2024 shall be converted into practicing licenses according to the conversion roadmap approved by the Government, and shall be renewed every 5 years from the date of conversion as prescribed in this Law.

2. Issuing practicing certificates according to application packages submitted before January 1, 2024 shall comply with the regulatory provisions of the Law on Medical Examination and Treatment No. 40/2009/QH12, which was amended and supplemented by the Law No. 21/2017/QH14.

3. Practising certificates issued under clause 2 of this Article shall be converted into practising licenses, and renewed in accordance with clause 1 of this Article.

4. Regulations on use of language in licensing and practising medicine applied to foreigners and overseas Vietnamese under the Law on Medical Examination and Treatment No. 40/2009/QH12 amended and supplemented by the Law No. 21/2017/QH14 shall apply until the end of December 31, 2031.

5. Suspension and revocation of practising certificates granted under the regulatory provisions of the Law on Medical Examination and Treatment No. 40/2009/QH12 which was amended and supplemented by the Law No. 21/2017/QH14 shall be subject to regulations on suspension and revocation of practising licenses laid down in this Law.

6. Applicants submitting application packages for practising licenses for the title of doctor from January 1, 2024 to the end of December 31, 2026 shall not be required to take the qualification test prescribed in this Law.

7. Applicants submitting application packages for practising licenses for the title of physician assistant, nurse or midwife from January 1, 2024 to the end of December 31, 2027 shall not be required to take the qualification test prescribed in this Law.

8. Applicants submitting application packages for practising licenses for the title of medical technician, clinical nutritionist, out-of-hospital paramedic or clinical psychologist from January 1, 2024 to the end of December 31, 2028 shall not be required to take the qualification test prescribed in this Law.

9. Holders of practising licenses defined in clause 1, 2, 6, 7 and 8 of this Article shall comply with regulations pertaining to practice of medicine under this Law.

10. Persons awarded intermediate physician assistant diplomas after December 31, 2026 shall not be granted practising licenses for the title of physician assistant.

11. Medical establishments that have been granted operating licenses under the provisions of the Law on Medical Examination and Treatment No. 40/2009/QH12, which was amended and supplemented by the Law No. 21/2017/QH14, may continue to operate without having to apply for re-issuance of their operating licenses.

12. Application packages for operating licenses submitted before January 1, 2024 shall be processed and handled under the regulatory provisions of the Law on Medical Examination and Treatment No. 40/2009/QH12, which was amended and supplemented by the Law No. 21/2017/QH14.

13. Operating licenses shall be issued according to application packages for operating licenses submitted from January 1, 2024 to the end of December 31, 2026 according to regulations on forms of organization, conditions, procedures and issuance authority set down in this Law, except for the regulatory provisions on conditions set out in point d of clause 2 of Article 52, and the regulatory provisions on authority laid down in clause 9 of Article 120 herein. Issuance, re-issuance, modification or revision, and revocation or withdrawal of operating licenses of private hospitals from January 1, 2024 to the end of December 31, 2026 shall be undertaken by the Minister of Health.

14. Suspension and revocation of operating licenses granted under the regulatory provisions of the Law on Medical Examination and Treatment No. 40/2009/QH12 which was amended and supplemented by the Law No. 21/2017/QH14 shall be subject to regulations on suspension and revocation of operating licenses laid down in this Law.

15. The Government shall elaborate on this Article; shall promulgate conditions for award of practising licenses mentioned in clause 6, 7 and 8 of this Article.

This Law is passed in the second extraordinary meeting of the 15^th National Assembly of Socialist Republic of Vietnam on January 1, 2023.