Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 was revised, some additional articles by resolution No. 51/2001/QH10;

Congress enacted the law examinations, cure, chapter I.

GENERAL PROVISIONS article 1. Scope this law regulates the rights and obligations of patients, medical practitioners, healing and medical treatment facility; conditions for medical practitioners, healing and medical treatment facility; Regulation technical expertise in examinations; applied techniques, new methods of examination and treatment; professional technical errors, complaints, accusations and disputes during consultations; conditions of guarantee the work of examination and treatment.

Article 2. Explanation of terms In this law, the terms below are interpreted as follows: 1. The doctor is the patient asked, tapping medical history, visit entities, as necessary, the appointed paraclinical tests, the probe function to diagnosis and specify the appropriate treatment has been recognized.

2. Healing is the use of the methods of technical expertise was recognized and smoking was allowed to circulate to aid, treatment, rehabilitation, care for the sick.

3. Sick people who use services, healing.

4. The certificate of practice consultation, healing is writing by competent State agencies give a qualified to practise under the provisions of this law (hereinafter referred to as the certificate of practice).

5. operating permit consultation, healing is writing by competent State bodies for consultation and treatment facility are eligible activities under the provisions of this law (hereinafter referred to as the active license).

6. medical practitioners, healing is the person who has been issued a certificate of practice and implementation of examination and treatment (hereinafter referred to as the practice).

7. The base doctor, healing is fixed or mobile facility has been granted a license to operate and provide consultation services, healing.

8. Liang y who is knowledgeable about traditional medicine theory, patient experience, healing with methods of traditional medicine have medication or drug is the Ministry of health or the Department of health acknowledged after the opinion of the Oriental medicine Oriental Medicine Association of Central or provincial level.

9. Who have traditional or traditional healing methods is the owner of the medicine or healing method article according to longstanding experience due to clan line, family communication, effective treatment for one or several diseases, certain symptoms are recognized by the Department of health after the opinion of the Provincial Association of Oriental medicine.

10. Updated medical knowledge continuously is the practice of participation in training courses, short term courses, conferences, workshops in the field of medical practice under the program approved by the Ministry of health or a recognised and are certified according to regulation of the Minister of health.

11. The patient has no recipient is sick people are in emergency condition, mentally ill or abandoned, including infants abandoned at the base hospital, healing without identification, does not determine the residence address.

12. the standard is form of discussion between those who practice on the condition of the sick person to diagnose and give appropriate treatment methods, timely.

13. Complications in hospital, healing is a result of harm to the health, life of human disease caused by flaws in the technical professional examinations, cure or risk going out to consultation in healing, although the practice was in compliance with the prescribed technical expertise.

Article 3. Principles in practice examinations, cure 1. Equality, fairness and non-discrimination, discrimination against sick people.

2. Respect the rights of patients; confidential information about health status and private life are recorded in the medical record, except in the case prescribed in clause 2 article 8, paragraph 1 and article 11 paragraph 4 Article 59 of this law.

3. Timeliness and compliance with rules of technical expertise 4. Priority examination and treatment for emergency cases, children under 6 years old, disabled people, people from the full 80 years of age, people with the revolution, pregnant women.

5. Ensure the professional ethics of the practice.

6. Respect, cooperation and protection of the practice when on duty.

Article 4. The State's policy on consultation, healing 1. The layout of the budget priorities in order to meet patient needs, basic healing of people. Care to spend the budget for health care for the people of the revolution, the children, the poor, farmers, ethnic minorities, people in the region have socio-economic conditions and the difficult socio-economic conditions of society particularly hard.

2. Strengthen health human resource development, especially in health human resources have the socio-economic conditions and the difficult socio-economic conditions of society particularly hard. Make alternate mode for the duration of practice at the base hospital, healing from online on down the line, from the socio-economic conditions are not difficult to have socio-economic conditions and the difficult socio-economic conditions of society particularly hard.

3. promote socialization consultation activities; encourage organizations and individuals, investment consultation services, healing.

4. Encourage the study, application of science, technology in examinations, cure.

5. Combine modern medicine with traditional medicine in patient treatment.

Article 5. Responsible for the governance of examinations, cure 1. The unified Government to manage state on the doctor, cure 2. The Ministry of health is responsible before the Government implemented administration of examinations, treatment and have the tasks and powers of the following: a) building and issued under the authority or the competent authority issued legal documents, examination of technical regulation; strategy development, planning the consultation base system;

b) direction instructions, propaganda and organizations implementing the legal text of the doctor; strategy development, planning the consultation base system;

c) managed the grant, grant, revoke the certificate of practice and operation permits;

d) building and management of a national database of practitioners and medical facility;

DD) Inspector, inspection, complaints, accusations and handle breach of the law on the examination and treatment;

e) Organization of training, continuous training, fostering human resource development; guide the practitioners in rotation; research and application of science and technology in examinations;

g) implement international cooperation about the doctor; acknowledge the certificate of practice between countries; consultation Guide, healing humanity; professional cooperation, transfer of technology and new healing methods.

3. The Ministry of defence within the scope of its powers, duties of organization and implementation guide the doctor, cure at the base hospital, healing in the management authority under the provisions of this law and in accordance with the actual conditions of the army.

4. The ministries, ministerial-level agencies in the scope of its powers, the mission is responsible, in coordination with the Ministry of health made the governance of medical examination and treatment.

5. the people's committees of provinces and cities under central Government (hereinafter referred to as the provincial level) within the scope of the mission, his powers make governance about the doctor, healing in the local scope.

Article 6. The prohibited acts 1. Refuse or deliberately slow emergency disease 2. The doctor, healing without the certificate of practice or are suspended in time of practice, provide consultation services, healing without a license to operate or are suspended during operation.

3. Practice examinations, cure, medical service providers, healing beyond the scope of professional activities are recorded in the certificate of practice, operating licence, except in cases of emergency.

4. Rent, lease, lend, lent the certificate of practice or licence in operation.

5. The practice of selling drugs for the disease in all forms, except doctor Oriental medicine, Oriental medicine, nurse salaries and who have the traditional post.

6. Apply the method of medical engineering expertise has not been recognised, the use of drugs has not yet been allowed to circulate in the examination and treatment.

7. Advertisements correctly with the ability, professional level or range of professional activity are recorded in the certificate of practice, active license; taking advantage of the knowledge of traditional medicine or other medical knowledge to deceptive advertising on the healing methods, medicines.

8. Use the mesmerizing form of computer in medical healing.

9. The practice of using alcohol, tobacco or alcohol in the blood, breath when the doctor, healing.

10. Violation of the rights of the patient; do not comply with the provisions of technical expertise in the examination; advantage of the prerogatives, powers of consultation process; career abuse to violate honor, dignity, body disease; erased, corrected record to falsify information about examinations, cure.

11. Harm to the health, life, honor, dignity of people practice.

12. Preventing human disease in an healing required on the basis of examinations, cure or deliberately made the healing required for healing not required.

13. public officials, health officials set up, join the establishment or participation in the management and administration of private hospital or medical treatment facility was established and operating under the enterprise law and the law on cooperatives, except with the competent State agencies sent participants manage operating at the facility, the doctor, cure has the State's stake.

14. Put, get, bribing brokers in patient treatment.

Chapter II.

PATIENT'S RIGHTS and DUTIES 1.

PATIENT'S RIGHTS article 7. The right to consultation, healing quality, fit the actual conditions


1. Consultation, explanation of health status, treatments and healing services, consistent with the disease.

2. Be treated with safe, affordable and effective according to the rules of technical expertise.

Article 8. The right to respect for privacy 1. Confidential information about health status and private life are recorded in the medical record.

2. The information specified in paragraph 1 of this article to be announced when the patient to agree or to share information and experience in order to improve the quality of diagnosis, care, treatment of the disease between those who practice in the direct group treatment for sick people or in other cases prescribed by law.

Article 9. The right to respect for the honor, protecting the health of patients, healing 1. Discrimination, discrimination or forced treatment, cure, except in the case prescribed in clause 1 Article 66 of this law.

2. Respect for age, gender, ethnicity, beliefs.

2. Do not be poverty, social status.

Article 10. The right choice of doctor, cure 1. Provided information, explanations, advice about the condition, risk, results can happen to choose methods of diagnosis and treatment.

2. Accept or refuse to participate in biomedical research on examination and treatment.

3. the representative was selected to implement and protect rights, obligations of examination and treatment.

Article 11. The right to provide information on medical records and consultation fees, cure 1. Provided summary information about medical records if requested in writing, unless the law otherwise.

2. provide information on the price of medical services, healing, explains details about the expenses in invoice examination, healing.

Article 12. The right to refuse treatment and out patient facility, healing 1. Be refused the test, use of medication, apply treatments or procedures but must commit to take responsibility in writing of his refusal, except in the case prescribed in clause 1 Article 66 of this law.

2. Get out the base doctor, cure disease when treatment has not ended but must commit to responsible about writing off the base doctor, healing left to the regulation of the practice, except in the case prescribed in clause 1 Article 66 of this law.

Article 13. Rights of the patient lost the capacity for civil acts, does not have the capacity for civil acts, limited capacity for civil acts or minors from age 6 to age eighteen 1. The case of the patient lost the capacity for civil acts, does not have the capacity for civil acts, limited capacity for civil acts or juveniles from the age of 6 to the age of eighteen, the legal representative of the patient decision making, healing.

2. in case of an emergency, to protect the life, health of the sick person, if not the legal representative of the patient, the head of the base doctor, healing the patient decision, healing.

Section 2.

OBLIGATIONS of the SICK article 14. The obligation to respect the practice of respect and no infringement of honour, dignity, health, computer networks of practitioners and other medical personnel.

Article 15. The obligation to obey the rules of examination and treatment 1. Provide honest information regarding his health condition, full cooperation with practitioners and medical examination facility, healing.

2. Observance of specified diagnoses, treatment of the practice, except where the provisions of article 12 of this law.

3. Executive and ask him his home base rules of Executive examination and treatment, the provisions of the law on the examination and treatment.

Article 16. The obligation to pay the cost of the doctor, cure the sick person is responsible to pay the cost of medical examination and treatment, unless otherwise exempted, reduced in accordance with the law. Cases of sick people join health insurance then the payment of the cost of hospital treatment to be made under the provisions of the law on health insurance.

Chapter III.

MEDICAL PRACTITIONERS, healing Items 1.

CONDITIONS for the PRACTICE of article 17. Certificate applicants practice 1. Doctor, nurse 2. Nurses 3. Student households.

4. Technical staff of 5. Health care salary 6. People have traditional or traditional healing methods Article 18. Conditions for practising certificate for the Vietnam 1. One of the diplomas, certificates following suit with the form of practice consultation, healing: a) professional qualification relevant to health are granted or recognized in Vietnam;

b) is Luong y certificate;

c) certificate is who have traditional or traditional healing methods.

2. the confirmation process of writing practice, except y, whose salary is the traditional post or traditional healing methods.

3. Certified healthy enough to practice examinations, cure.

4. in No case are forbidden during the time of practice, all the work related to the medical expertise, the pharmacy according to the verdict, the decision of the Court; are being prejudice criminal liability; are the Executive during a criminal, the Criminal Court's decision or the decision to adopt the measures taken on administrative processing of the institution, the basis of healing; are in time were the discipline from the form of caution over related consultation expertise; lost or limited capacity for civil acts.

Article 19. Conditions for grant of a certificate of practice in Vietnam for foreigners, Vietnam people settled abroad 1. Qualify the provisions of article 18 of this law.

2. Meet the requirements on the use of languages in the examination and treatment prescribed in article 23 of this law.

3. judicial history was the competent authority of the country identified.

4. Have the work permit by the competent State agencies of Vietnam's labor level under the provisions of the labour legislation.

Article 20. Certificate re-issuance conditions of practice with respect to the case revoked the certificate of practice 1. Qualify the provisions of article 18 of this law for the Vietnam or article 19 of this law for foreigners, Vietnam people settled abroad, except for conditions on the confirmation process of writing practice.

2. Have the certificate was updated medical knowledge continuously article 21. The doctor, healing, transferring expertise on technical examinations, cure, medical training cooperation have practice examinations, cure 1. Personal, domestic and foreign organizations have the right to suggest organized consultations, humanitarian or healing technical expertise on examinations, cure or medical training cooperation have practice examinations, cure disease in Vietnam.

2. Minister of health detailing the requirements, records, recommended procedures and jurisdiction allows the doctor, cure in the cases specified in paragraph 1 of this article.

Article 22. Acknowledge professional recognition consultation practice, healing between countries is made according to the provisions of the international agreements or treaties to which the Socialist Republic of Vietnam is a member.

Article 23. Use of languages in the examination and treatment in Vietnam of foreigners, Vietnam people settled abroad 1. Foreigners, who settled overseas Vietnam direct examinations, cure for the Vietnam to know Vietnamese fluently; the case did not know fluent Vietnamese must sign language use and have an interpreter.

2. The indicated treatment, prescription drugs are written in Vietnamese; the case of practitioners do not know fluent Vietnamese, the treatment, the medication must be recorded in the language in which registered practitioners use and an interpreter must translate into Vietnamese.

3. Alien, who settled overseas Vietnam direct examinations, cure for the Vietnam was determined to know the Vietnamese competent and who are determined as qualified interpreters in consultation and treatment to be base of specialized training by the Minister of Health appointed medical examination and recognition.

The Minister of health of detailed rules on the criteria for the get to know Vietnamese competent or qualified interpreters in patient treatment.

4. the translator is responsible before the law for the accuracy of the translated content in patient treatment.

Article 24. Confirm the process of practice 1. Who has professional qualifications in relation to health is granted or recognized in Vietnam, before being granted a certificate of practice, right through the period of practice in the medical facility, healing: a) 18, practicing at the hospital, the study has a hospital bed (hereinafter referred to as the hospital) for doctors;

b) 12 months practice at hospital for nurse;

c) 9, practice in gynaecology hospital or at home for the midwifery student households.

d) 9, practice at the base hospital, cure for nurses, technicians 2. The head of the base doctor, healing is responsible to confirm in writing about the process of practice for people who already practice at his facility, including the content of time, expertise, professional ethics.

Article 25. The certificate of practice 1. The certificate of practice issued to people who are eligible for the provisions of article 18 or article 19 of this law.

2. The certificate of practice are issued once and have the value within the country.

3. The content of the certificate of practice include: a) the full name, date of birth, residential address, professional qualifications;

b) forms of practice;

c) operating range of expertise.

4. where a certificate of practice is lost or damaged, the practice was granted back the certificate of practice.

5. The Minister of Health issued a certificate of practice model.

6. Government Regulation practice certification roadmap to secure up to January 1, 2016, all objects are involved with examinations and treatment in medical establishments, the healing of the State at the time this Act takes effect must have the certificate of practice.

Section 2.


Jurisdiction, PROCEDURES, RECORDS, REISSUED and PRACTISING CERTIFICATE REVOCATION Article 26. Authorities, certificate revocation and reissuance of practice 1. The Minister of health, level back and practising certificate revocation for the following cases: a) who work at the base hospital, the Health Ministry of healing;

b) who work at the base hospital, healing in the other sets, except for the provisions in paragraph 2 and paragraph 3 of this article;

c) foreigners to practice examinations, cure disease in Vietnam.

2. The Director of the Department of health grant, grant and revocation of the certificate of practice for people who work at the base hospital, healing in the management, except in cases specified in paragraph 1 and paragraph 3 of this article.

3. The Minister of national defence providing, granting and revoking the certificate of practice for people who work at the base hospital, healing in the management authority.

Article 27. The record level, professional level 1. Records suggest practising certificate for Vietnam include: «a certificate form) practice;

b) copy of diploma or certificate of qualification;

c) documents the process of practice;

d) health certificate to practise due to medical treatment facility are eligible under the regulation of the Minister of health;

criminal Votes);

e) curriculum vitae confirmed by the people's committees of communes, wards and towns (hereinafter referred to as the social level) residence or validation of organizational unit heads.

2. The records suggest practising certificate for foreigners, the Vietnam settled abroad include: a) petition certificate of practice;

b) protect stars professional qualification;

c) documents the process of practice;

d) certificate of proficiency or Vietnamese know the profile of the translator as defined in paragraph 3 Article 23 of this law;

DD) health certificate to practise due to medical treatment facility are eligible under the regulation of the Minister of health;

e) criminal Votes;

g) work permit by the competent State agencies of Vietnam's labor.

3. The lost or damaged certificate of practice or practice certificate revoked as prescribed in point a and point b paragraph 1 to article 29 of this law shall only grant proposal must back the certificate of practice.

4. recommended records reissued a certificate of practice in case recover prescribed in points c, d, e, f and g of paragraph 1 Article 28 of this law include: a) The documents prescribed in paragraph 1 of this article for the Vietnam or clause 2 of this Thing for foreigners Vietnam, who settled abroad, except the confirmation process of writing practice;

b) certificate has updated medical knowledge continuously.

Article 28. Procedure-level, professional level 1. Recommended records, reissuing the certificate of practice stipulated in article 27 of this law was submitted to the Ministry of health or the Department of Defense or the Department of health.

2. Within a period of 60 days from the date of the application, the Minister of health or the Minister of Defense or the Department of Health Director must grant a certificate of practice; case should verify for people to be trained abroad or have foreign practitioners certificate level, the time limit may be extended, but not exceeding 180 days; If no certificate of practice must then respond in writing and stating the reason.

3. within 30 days from the date of the application, the Minister of health or the Minister of Defense or the Department of Health Director must again practice; If not, then practice again to answer in writing and stating the reason.

4. The Minister of Health established the Advisory Council with the participation of representatives of social organizations-health profession, jurists, medical training facility, medical facility, healing, social organizations on protection of consumer rights and some other social organizations to advise the Minister of health in the level , again, practicing certificate revocation; suspension of professional activities of the person to practice; construction of the recognized standard for content, form updated medical knowledge and conditions with respect to the base implementation of updated medical knowledge continuously; Regulation of content, form and test to confirm in writing the person who knows Vietnamese proficient and qualified interpreters in patient treatment.

The Director of the Department of Health established the Advisory Council with the participation of representatives of social organizations-health profession, jurists, medical training facility, medical facility, healing, social organizations on protection of consumer rights and some other social organizations to advise the Director of Health Department in granting , again, practicing certificate revocation, suspension of professional activities of practitioners.

5. Minister of Defense procedures level, professional level again for the people who work at the base hospital, healing in the management authority.

Article 29. Practising certificate revocation, suspension of practice 1. Practising certificate is revoked in the following cases: a) the certificate of practice issued do not properly authorized;

b) practice unlawful content;

c non-practitioners) practice within 2 consecutive years;

d) identified practitioners have technical expertise that cause serious consequences to health, the sick person's life;

non-practitioners) updated medical knowledge continuously during 2 consecutive years;

e) practitioners are not healthy enough to practice;

g) practitioners belong to one of the objects specified in paragraph 4 to article 18 of this law.

2. When one of the cases specified in paragraph 1 of this article, the Minister of health or the Minister of Defense or the Department of Health Director decides to revoke a certificate of practice under the provisions of article 26 of this law, 3. In case of detecting the erroneous practice of technical expertise which is not in the specified in point d of paragraph 1 of this article shall, depending on the nature and extent of the errors, the Minister of health or the Minister of Defense or the Department of Health Director to suspend part or all of the professional activities of the person to practice under the provisions of the law.

4. Minister of health stipulates the procedure to revoke a certificate of practice; procedures, time to suspend part or all of the professional activities of practitioners.

5. Minister of Defense stipulates the procedure to revoke a certificate of practice; procedures, time to suspend part or all of the professional activities of the person to practice at the base hospital, healing in the management authority.

Article 30. The fee level, professional level 1. The recommended level, professional level again to pay the fees.

2. Minister of finance specify fee level, professional level again.

Category 3.

The RIGHT of PEOPLE to PRACTICE article 31. The right to practice 1. Be practicing in the correct scope of professional activities recorded in the certificate of practice.

2. Be decisive and responsible diagnosis, treatment methods within the scope of professional activities recorded in the certificate of practice.

3. Are contracted medical practitioners, healing with the base doctor, cure but just be responsible for technical expertise for a base doctor, healing.

4. join social organizations-career.

Article 32. The right to refuse medical treatment 1. Be refused hospital treatment if during the examination and treatment which prognosis beyond or contrary to the scope of his professional activity, but must report to the competent person or introduce the patient to patient basis, other cure to solve. In this case, the practice still had to make the emergency, first aid, tracking, health care, patient treatment until the patient is moved the base doctor, healing others.

2. Be patient refused treatment if the patient that healing, contrary to the provisions of law or professional ethics.

Article 33. The right to professional capacity 1. Training, retraining and updated medical knowledge continuously consistent with professional practice.

2. Be involved fostering information exchange of expertise, knowledge of health legislation.

Article 34. The right to be protected in the event of accidents for people with the disease 1. Are protected by law and not be responsible when making the correct rules of technical expertise that still happen accidents 2. Recommended agencies, organizations, professional associations, the right to protection of their legitimate interests in the event of accidents for people with the disease Article 35. The right to be secure when practice 1. Be equipped with the means of labor protection, labor hygiene in order to prevent, reduce the risk of infection, accidents related to the profession.

2. protect the health, life, honor, body.

3. in case of other threats to life, the practice was allowed temporarily fled to the workplace, must then report to the head of the base doctor, cure or nearest authorities.

Item 4.

OBLIGATIONS of Article 35 PRACTITIONERS. The obligation for the patient 1. Timely first aid, ambulance, doctor, healing the sick, except for cases stipulated in article 32 of this law.

2. Respect the rights of the patient, considerate attitude, with sick people.

3. Consultancy, providing the information prescribed in paragraph 1 and article 7 paragraph 1 article 11 of this law.

4. equal treatment of people with the disease, not for personal benefit or the discrimination affecting his professional decisions.

5. Just be asking patients to pay the cost of examinations, cure has listed under the provisions of the law.

Article 37. The obligation for career 1. Done properly the provisions of technical expertise.

2. Responsible for the examination, his healing.

3. learning, frequently updated medical knowledge constantly to raise qualification as prescribed by the Minister of health.

4. Dedication during examination and treatment.

5. Keep a secret condition of the patient, the information provided and the patient medical record, except in the case prescribed in clause 2 article 8 of this law.


6. Inform the competent people about the practice deceptive behavior patients, colleagues or violation of the provisions of this law.

7. do not prescribe, specify the use of the services, healing, suggested moving the patient to patient basis, other healing because of the service.

Article 38. Obligations with regard to colleagues 1. Cooperation and respect for colleagues in the medical examination and treatment.

2. Protect the honor, prestige of colleagues.

Article 39. Obligation to society 1. Protection and health education in the community.

2. Join the monitoring of professional competence and professional ethics of other practitioners.

3. the decisions of the Executive governing body directly under the provisions of paragraph 2 of article 4 of this Law.

4. Executive decided the mobilization of competent State agencies when there is natural disaster, catastrophe, dangerous disease.

Article 40. Obligation to make professional ethics practitioners are obliged to make professional ethics as prescribed by the Minister of health.

Chapter IV.

The BASE DOCTOR, healing Items 1.

ORGANIZATIONAL FORM and OPERATING CONDITION of the PATIENT BASE, 41 Things HEAL. The Organization form of the base doctor, cure 1. The form of organization of medical establishments, including: healing a) hospitals;

b) establishments medical examiners;

c) clinic;

d) specialty clinics, family doctors;

DD) room for traditional medicine;

e) Home midwifery;

g) diagnostic facility;

h) medical service facilities;

I) clinics and township-level equivalent;

k) forms of consultation organization, healing others.

2. Government detailing this clause 1 and the organization forms the basis of examination and treatment in the army.

Article 42. Conditions of operation of the base doctor, cure 1. Have decided to establish by competent State bodies for consultation and treatment facility by the State establishment or business registration certificate or the investment license under the provisions of the law with respect to the base doctor, healing others.

2. Have operating licence by the Minister of health, the Minister of Defense or the Director of the Department of health.

43 things. Licensing conditions for the base doctor, cure 1. The base doctor, cure licensed activities must have the following conditions: a) to meet the regulations of the national technical regulation on the basis of examination and treatment by the Minister of health.

b) have enough people practice consistent with the scope of professional activities;

c) Who is responsible for the technical expertise of the base doctor, healing must have time to practice examinations, cure for at least 36 months.

2. where the registered established specialty clinic launch or family doctor, then in addition to the conditions specified in paragraph 1 of this article, the head of the facility must be the practice of professional qualifications match the type of practice.

3. The Minister of health, Minister of Defense detailing the licensing conditions stipulated in this activity for each organizational form of the base doctor, cure according to competence management.

Article 44. Operating licence with respect to the base doctor, cure 1. Operating licence is granted for medical treatment facility are eligible under the provisions of article 43 of this law.

2. Contents of the licence include: a) the name, form of organization, location of activities;

b) scope of professional activities;

c) daily working time.

3. The base doctor, cure when changing the scale, the scope of professional activities are suggested procedures adjusted operating licence; the case changes the form of organization, split, merge, merged or changed location to do the suggested procedure for licensing activities.

4. in case of active license is lost or damaged or is revoked under the provisions of art. 48 of this Law Thing, the base doctor, healing granted license to operate again.

5. The Minister of Health issued the permit form.

6. Government Regulation roadmap licensing activities to ensure the coming January 1, 2016, all the base doctor, healing of active state at the time this Act takes effect must have a license to operate.

Section 2.

 The AUTHORITY, records, PROCEDURES, levels, ADJUST and RECOVER the OPERATING LICENCE with RESPECT to the BASE DOCTOR, cure Article 45. Issued, reissued, adjustment and recovery of operating licence with respect to the base doctor, cure 1. The Minister of health, level back, adjust and recover the operating licence with respect to the base doctor, healing in the Ministry of health, private hospitals or in other orders, except as prescribed in clause 2 and clause 3 of this article and inform the provincial people's Committee where that facility based in time not exceeding 30 days from the date of issue , adjust or revoke the operating licence.

2. The Director of the Department of Health issued, reissued, adjustment and recovery of operating licence with respect to the base doctor, cure on the area, except where the provisions of paragraph 1 and paragraph 3 of this article and inform the people's Committee of the district, County, town, city in the province where the base Headquarters during 30 days from the date of issue , adjust or revoke the operating licence.

3. The Minister of national defence providing, level back, adjustable, active license revocation for consultation and treatment facility under the control of management.

Article 46. Recommended records issued, reissued or adjust the operating licence with respect to the base doctor, cure 1. Records suggest that licensed activities including: a) Licensing application activity;

b) a copy of the decision of the competent State bodies with respect to the base doctor, healing of the State or business registration certificate for medical establishments, private healing or investment certificate for medical facility and treatment of foreign investment;

c) a copy of the certificate of practice of responsible technical expertise, the person in charge of the Professional Division and a list stating the name, certificate number, the scope of the professional activities of each practice to the hospital; a copy of the certificate of practice of each person to practice medical establishments, other healing;

d) affidavit of infrastructure, medical equipment, a description of the organizational model and personnel records;

DD) documents the base doctor, cure meets the conditions stipulated in article 43 of this law;

e) for hospitals, in addition to the conditions prescribed in points a, b, c, d and DD account have to have rules of organization and operation, active approach at first.

2. the recommended records reissued permit include: a) petition to active license;

b) original damaged license (if available).

3. proposed adjustment profile active license include: a) petition to adjust operating licence;

b) affidavit of infrastructure, medical equipment and personnel records corresponding to the scale or scope of professional activities is expected to adjust.

Article 47. Procedures, level back, adjust the operating licence with respect to the base doctor, cure 1. Procedures, level back, adjust the operating licence with respect to the base doctor, cure shall be as follows: a) grant proposal, record level again, adjust the activity licence specified in article 46 of this law was submitted to the Ministry of health or the Department of Defense or the Department of health;

b) within a period of 90 days from the date of the application, the Minister of health or the Minister of Defense or the Department of Health Director-level or operational license adjustments; If no level or adjust the operating licence it must reply in writing and stating the reason.

c) within 30 days from the date of the application, the Minister of health or the Minister of national defence or the Director of the Department of health to license to operate; If not granted license to operate again, they must respond in writing and stating the reason.

2. Minister of Health regulates the Organization of the evaluation, the evaluation component, evaluation procedure to level, adjust the operating licence.

3. Minister of Defense Regulations organizing assessment components, evaluation, evaluation procedure to level, adjust the operating licence for the base doctor, healing in the management authority.

Article 48. The revocation and suspension of permits for operating the base doctor, cure 1. Active license revoked in the following cases: a) the operating licence granted vires;

b) consultation facility, healing does not guarantee the conditions stipulated in article 43 of this law;

c) after 12 months from the date on which operations are licensed medical facility, healing does not work.

d) consultation facility, healing pause operation during the 12 consecutive months or cease operations.

2. When one of the cases specified in paragraph 1 of this article, the Minister of health or the Minister of national defence or the Director of the Department of health decision to revoke the license to operate according to the provisions of article 45 of this law.

3. In the case of detecting the base doctor, cure has professional errors or does not guarantee one of the conditions stipulated in article 43 of this law depends on the nature, the extent of the errors, the Minister of health or the Minister of Defense or the Department of Health Director to suspend part or all of the professional activities of medical establishments , healing.

4. Minister of health stipulates the procedure of revoking the license of operation; procedures, time to suspend part or all of the professional activities of medical facility, healing.

5. Minister of Defense procedures to revoke the license of operation; procedures, time to suspend part or all of the professional activities of medical treatment facility under the control of management.

Article 49. The fee level, the level again, adjust the operating licence with respect to the base doctor, cure 1. The base doctor, cure suggested, again, adjust the operating licence fees.

2. The Minister of Finance shall prescribe the level of fee levels, level back, adjust the operating licence.

Category 3.

CERTIFICATE of QUALITY IMPROVEMENT for the BASE DOCTOR, cure article 50. Quality certificate for the base doctor, cure


1. quality management standard for medical facility, healing is the technical specification requirements and benchmarked management to classify, evaluate the quality of the base doctor, healing due to domestic or foreign organizations issued be the competent State agencies of Vietnam admitted.

2. Encourage consultation facility, healing was granted license to operate apply quality management standards prescribed in paragraph 1 of this article to improve the quality of medical examination and treatment.

3. The quality certificate for medical facility and treatment by qualified organizations stipulated in article 51 of this law, taken on the basis of the actual quality assessment of medical facility, healing compared to the quality management standard.

Article 51. The accreditation organization for consultation, healing facility 1. Quality certification organizations for medical facility, healing is held independently of the base doctor, healing by the Agency, organization or individual.

2. When implementing the quality certification for the medical facility, healing, quality certification organizations must guarantee the principles of independence, objectivity, honesty, transparency, publicity and is responsible before the law about the results of his certification.

3. Government Regulation details the establishment, organization and activities of the organization with regard to quality certification consultation facility, healing.

Item 4.

The RIGHTS and RESPONSIBILITIES of PATIENTS, healing BASE Article 52. The right of the base doctor, cure 1. Made consultation activities, the cure prescribed by this law; the base doctor, healing is eligible under the regulation of the Minister of health are periodic health examinations health examinations, to labour, study, work and be responsible before the law about your health examination results.

2. Be patient to refuse treatment if in the consultation process, the healing that prognosis beyond the ability or left the scope of professional activities are recorded in the active license but must introduce the patient to patient basis, other cure to solve. In this case, the base doctor, healing must still perform the emergency, first aid, tracking, health care, treatment for the patient until the patient was moved the base doctor, healing others.

3. Were the medical expenses, the cure prescribed by law.

4. Enjoy preferential mode when performing the consultation activity, healing in accordance with the law.

Article 53. The responsibility of the base doctor, cure 1. Emergency organization, timely cure for sick people.

2. Implementing rules of technical expertise and the other provisions of the relevant laws.

3. working time, publicly listed price and currency services according to the prices listed.

4. licensing agency reports activity in case of change who is responsible for the technical expertise of the base doctor, cure or foreign practitioners as defined by the Minister of health.

5. Ensure the implementation of the rights and obligations of patients, the practice is regulated in this law.

6. Ensure the conditions necessary for the practice of performing examination and treatment within the scope of professional activities are allowed.

7. Executive decided the mobilization of State bodies competent in the event of a natural disaster, catastrophe, dangerous disease.

8. where to stop, the base doctor, cure the sick person responsible, patient to patient basis, proper healing and patient costs settlement, with healing the sick.

Chapter V.

The SPECIFIED TECHNICAL EXPERTISE in examinations, CURE Article 54. Emergency 1. Emergency forms include: a) emergency consultation facility;

b) external emergency consultation facility, healing.

2. When the emergency beyond the expertise of the specific case, the base doctor, healing must perform one or more of the following activities: a) held consultations under the provisions of article 56 of this law;

b) Invite consultation facility, healing to the emergency assistance;

c) Move the patient to patient basis, proper healing.

3. The head of the base doctor, healing is responsible for all priority on human resources and facilities for emergency patients.

Article 55. Diagnosis, specify treatments and prescription drugs 1. The diagnosis of the disease, indicated treatments and medication must ensure the following principles: a) Based on the results of clinical, paraclinical examination, combined with elements of medical history, family, occupation and epidemiology;

b) timely, objective, careful and scientific.

2. The practice was assigned to the doctor, cure has the following responsibilities: a) the examination, diagnosis, treatment, prescription medication in timely, accurate and responsible for the examination, diagnosis, treatment, prescription drugs;

b) decide to inpatient or outpatient; the case of the patient to treatment that medical facility, the cure has no inpatient beds, they must introduce the patient to patient basis, proper healing.

Article 56. Consultations 1. The judgments made when the disease exceeds the ability of diagnosis and treatment of the practice or medical facility, healing or treatment but no disease going well or bad happenings.

2. The forms of consultations include: a) Science consultations;

b) joint consultation basis consultations;

c) consultations through expert consultation;

DD) remote consultations by information technology;

e) other consultations according to the regulations of the Minister of health.

Article 57. Outpatient treatment 1. Outpatient treatment is performed in the following cases: a) the patient is not in need of inpatient treatment;

b) patients after treatment of boarding stable but must follow up and further treatment after release from the base doctor, healing.

2. After deciding the patient to outpatient treatment, practitioners have the following responsibilities: a) Established outpatient medical record according to the provisions of article 59 of this law;

b) log y Yo follow-up outpatient treatment in which clearly the personal information of the patient, diagnosis, treatment, prescription drugs and the time of visit.

Article 58. Inpatient treatment 1. The implementation of administrative procedures relating to the transfer, or out patient facility, healing, science transfer should ensure timely and does not cause troubles for the patient.

2. Inpatient treatment is performed in the following cases: a) indicated inpatient treatment of practitioners in medical establishments;

b) has moved to the base doctor, healing from the base doctor, healing others.

3. procedure inpatient treatment is prescribed as follows: a) Get sick people on the basis of examination and treatment.

The case the patient suffers many diseases, the head of the base doctor, healing is responsible for the review, the decision of the Faculty will conduct the treatment;

b) patient guide to the faculty where patient treatment.

4. The transfer of science are made in case of detecting infected people that the disease that does not belong to the scope of the expertise of the faculty are conducting the treatment primarily related to disease or other specialty.

5. The following cases have to convert the base doctor, healing: a) the disease exceeds the ability of treatment and physical conditions of the medical facility;

b) disease does not match the segment online technical expertise according to the regulations of the Minister of health;

c) at the request of the patient.

6. transfer procedure, move the base doctor, cure shall be as follows: a complete medical record), summarizing the entire treatment process of the patients;

b) if the transfer of science and then moved the entire medical records of patients to new faculty; If moving the base doctor, cure, then send the paper moved the base doctor, healing, with summary of medical records to the medical facility, the new cure.

7. When the patient's condition was stable or sick person has asked to be out of the medical facility, healing and have the commitment of the patient or the patient's representative, after consultation of the practitioners, the base doctor, cure has the following responsibilities : a complete medical record), summarizing the entire treatment process of the patients;

b) guide the patient regarding self health care;

c) specifies the mode of outpatient treatment in case of need;

d) settlement costs of examination and treatment as defined in article 16 of this law;

DD) working paper for the patient out of the hospital facility, healing.

Article 59. Record 1. Patient's medical documentation, legal and medical; each patient only one patient in each treatment, cure at the base hospital, healing.

2. The record shall be as follows: a) the patient's inpatient and outpatient in the hospital facility, healing must be record-setting;

b) record was set by paper or electronic version and must be clearly and fully the entries in the record;

c) medical record including documentation, information related to the patient and examination process;

3. The storage of medical records are defined as follows: a) medical records are stored according to the security level of the law on the protection of State secrets;

b) inpatient medical records, outpatient are stored for at least 10 years; patient accidents, crash stored activities for at least 15 years; medical records for people with mental illness, the patient deaths are stored for at least 20 years;

c) case archive record by a medical facility, electronic, healing must have a backup copy and follow the storage mode specified in point a and point b of this paragraph.

4. The head of the base doctor, cure the decision allowing exploitation of medical records in the following cases: a) internship students, researchers, practitioners in the medical facility, the cure was to borrow record spot to read or copy for research or professional engineering work;


b) representatives of State administration on direct medical consultation facility management, healing, investigation, Procurator, Court, Inspector of the health professions, insurance bodies, forensics organization, forensic psychiatrists, lawyers are borrowing record spot to read or copy service task assigned by the authority;

c) the patient or patient's Representative received the summary record in accordance with paragraph 1 article 11 of this law.

5. The objects prescribed in clause 4 of this when using the information in the medical records must be kept confidential and used only for your purposes as has been suggested with the head of the base doctor, healing.

Article 60. The use of drugs in medical treatment establishments have inpatient treatment 1. The use of drugs in medical treatment establishments have inpatient treatment must ensure the following principles: a) drug use only when truly necessary, proper purpose, safe, affordable and effective;

b) The prescription must match the diagnosis, the patient's condition;

c) provisions on the preservation and use of drugs.

2. When to prescribe drugs to practitioners, the full record, clearly on prescriptions or medical information about a drug name, amount, dosage, and duration of drug use.

3. When providing medicine for the sick, who are tasked with the medications have the following responsibilities: a) check the prescription drug field, content, dosage, usage, the name of the drug and drug quality;

b) contrast with the prescription information about concentration, concentration, the number when receiving and expiration indicated on the voucher field, drug labels;

c) collate them name the disease, drug name, form, amount, dosage, usage, time used before for patients using the drug;

d) record the time allocated for the sick, monitor and record the patient's clinical performance on record, timely hazard detection and alarm for the direct treatment of practitioners.

4. after the patient on medication, treatment practitioners responsible for track work and timely handling of accidents caused by the use of drugs.

The patient is responsible for the use of drugs in the correct direction of the practice and inform practitioners about the unusual signs after taking the drug.

Article 61. Performing surgery, surgical intervention 1. All cases of surgery, surgical interventions are to be the consent of the patient or the patient's representative, except as provided for in paragraph 3 of this article.

2. The patient subject to the provisions of paragraph 1 of article 13 of this Law, before surgery, surgical interventions have to be representative of patients agree in writing.

3. in case of not able to consult the patient or patient's representative and if not performing surgery or surgical intervention will directly threaten the patient's life, the head of the base doctor, cure decided to proceed with surgery or surgical intervention.

Article 62. Infection control in the medical facility, healing 1. Infection control measures in medical establishments, including: healing a) disinfection of medical devices, environmental and waste management in medical establishments;

b) protective individual, personal hygiene;

c) food safety and hygiene;

d) bacterial monitoring;

DD) The other infection control measures in accordance with the law.

2. The base doctor, cure has the following responsibilities: a) the implementation of infection control measures at the base hospital, healing;

b) ensure physical facilities, equipment, outfit, personal hygiene conditions for people working in the base doctor, heal, sick people and others to the base doctor, healing suit ask about infection control in the medical facility;

c) advice on infection control measures for the disease and the patient's home;

d) made the other infection control measures in accordance with the law.

3. Persons working in the base doctor, heal, sick people and others to the medical facility and treatment must comply with the provisions of the medical facility and treatment on infection control.

Article 63. Medical waste treatment 1. Medical waste includes solid, liquid and gaseous wastes, chemicals, radioactivity was discharged in the process of examination, diagnosis, treatment, patient care and the life of the patient in the patient base, healing.

2. The base doctor, healing is responsible for sorting, collecting and processing of medical waste in accordance with the provisions of the law on the protection of the environment.

Article 64. Solve for people with the disease do not have the receiver 1. Receiving and implementing patient treatment under the provisions of this law.

2. Inventory, set the minutes and kept the property of sick people.

3. Notify the police or the social people's Committee where the base doctor, healing, based to the Agency notice search of sick people on mass media.

4. for abandoned babies, the sick were treated that stable yet, the base doctor, healing message for social protection establishments receptive to this object.

5. For people with mental illness that patient base, there is no cure for mental specialty then transferred the patient to patient basis, specialized healing mental. The base doctor, cure mental specialist is responsible for the reception, care and treatment for the disease. After the stable treatment that remain unclaimed, the base doctor, healing message for the basis of social protection to human disease.

The basis of social protection is responsible for receiving the objects prescribed in clause 4 and clause 5 of this delay is 10 working days from the date of the notice.

6. for the sick to death with no recipient, after the implementation of the provisions of article 65 of this law, the base doctor, healing must take pictures, keep the tissue to determine the identity, procedures for death under the provisions of the law on the Organization and the Registrar.

Article 65. Solve for people with the disease of death 1. The base doctor, cure has the following responsibilities: a) Granting death certificate;

b) proceed to check out the workshop of death within 15 days from when the patient death;

c) Delivered direct practitioners treat or charge shifts established the record of deaths, which clearly sick happenings, how to handle, time and cause of death;

d) death records as defined in paragraph 3 Article 59 of this law.

2. With regard to the case of death before coming to the base doctor, healing is resolved as follows: a) for identification, medical examination and treatment facility to notify relatives of households to organize burial;

b) for people who do not have identification, the base doctor, cure reported on mass media to search the homes of the sick.

Case no identification or have documents but no recipient, medical facility, healing is responsible for preserving the body, take a picture and notify the police or the social people's Committee where the base doctor, healing.

The absence of the recipient, the base doctor, healing contact with the people's Committee of social or labour, invalids and Social Affairs to the agency that organized the funeral.

3. The identification of human disease have mortality and shelf exam can be done under the provisions of the law.

Article 66. The healing required 1. The case of the healing required under the provisions of this Act include: a) infectious disease Group A according to the provisions of the law on prevention of infectious diseases;

b) mental status in agitation, depression have suicidal behaviors, ideas or endanger others as stipulated by law.

2. The required cure made under the provisions of the criminal law and the law on the handling of administrative violations not in the scope of this law.

Article 67. Consultation online cure 1. The base doctor, cure the sick bed inpatient, emergency basis must ensure continuous live outside office hours, holidays, holidays.

Encourage patient base, healing the sick bed inpatient consultation organization, cure 24 hours/day.

2. Directly in the base doctor, healing including leadership, clinical, paraclinical and direct users of logistics, protection.

3. The head of the base doctor, cure has the following responsibilities: a) the assigned person, clearly defined responsibility for each level, the users and the specific online mode;

b) ensure adequate means of emergency transportation conformity with the form of consultation, organization; equipment, medical equipment and essential drugs to timely emergency disease;

c) ensure online report mode for each online session.

Article 68. Combining traditional medicine with modern medicine in the consultation process, cure 1. Encourage combining traditional medicine with modern medicine at the medical facility, healing.

2. Combining traditional medicine with modern medicine at the Hospital of traditional medicine are as follows: a) used a number of technical means of modern medicine to serve the diagnosis, evaluation, treatment outcome studies of inheritance;

b) using some of the equipment and the medicine modern medicine to the sick, emergency use of some essential drugs to treat the disease.

3. Combining traditional medicine with modern medicine at other hospitals are as follows: a) combines traditional medical methods of examination and treatment;

b) use technical means of modern medicine to diagnose the disease, the organization applies, evaluate the results, drug binge, healing methods of traditional medicine.

4. Minister of health detailing the clause 2 and clause 3 of this article and the incorporation of traditional medicine with modern medicine in patient treatment at the medical facility, healing others.

Chapter VI.

APPLIED techniques, NEW METHODS of TREATMENT, cure Article 69. Techniques, new methods of treatment, healing techniques, new methods of examination and treatment including:


1. Techniques, methods of research in Vietnam or abroad, is the competent State agencies of Vietnam and first applied in Vietnam.

2. Techniques, methods are competent State agencies abroad allows to apply but was first applied in Vietnam;

3. Techniques, methods are competent State agencies allowed and has applied in Vietnam, but was first applied in a medical facility, healing.

Article 70. Conditions apply techniques, new methods of examination and treatment in Vietnam 1. Qualified manpower, facilities, equipment to be able to apply techniques, new methods.

2. Was the Minister of health or the Director of the Department of health for permission to apply.

Article 71. The authority allows applying new methods, techniques 1. The Minister of health evaluation and organization allows the base doctor, cure first applied techniques, new methods specified in item 1 and item 2 Article 69 of this law.

2. Assess organizational health evaluation and consultation basis enabling, healing in the applicable management techniques, new methods specified in Article 69 paragraph 3 of this law by online technical expertise of the Ministry of health.

Article 72. Profile, the procedure allows the base doctor, healing techniques, applied the new method 1. The profile recommends application of techniques, new methods include: a) the petition applied techniques, new methods;

b) documents proving the legality, clinical evidence, the effectiveness of treatment, cure of techniques, new methods for cases prescribed in paragraph 69 of this Law Article 2;

c) deployment scheme applied techniques, new methods, including the following principal contents: describe the capacity of the base doctor, healing of physical facilities, equipment, human resources, economic efficiency, technical process expected to adopt and implement projects;

d) copies of diplomas, certificates, certificates of people practice related to engineering, the new method;

DD) contract by the Agency, organization, domestic or foreign individual transfer techniques, new methods.

2. procedure allow applied techniques, new methods are defined as follows: a) the basis of examinations, application healing suggest applying techniques, new methods as prescribed in paragraph 1 of this article for the Department of health or the Department of health;

b) at the latest within 10 working days from the date of receiving the application, the Minister of health or the Director of the Health Department to organize the evaluation profile and have written to allow or not allow the base doctor, cure pilot deployment techniques, new methods; the case is not allowed to answer in writing and reason;

c) medical facility, pilot deployment healing techniques, new methods have been the Minister of health or the Director of the Department of health. Pilot deployment scales for each type of techniques, new methods follow the text allows the Minister of health or the Director of the Department of health;

d) after the end of the pilot deployment phase, the base doctor, cure, filed the report results and technical processes that have built the perfect for the Department of health or the Department of health to assess;

DD) on 20 at the latest, from the date of receiving the report results and technical processes, the Minister of health or the Director of the Department of Health established the Council valuation professional pilot deployment results and technical processes due to the base doctor, cure proposed to advise the Minister of health or the Director of the Department of health to review the decision;

e) Slowly for 5 working days from the date of receiving the minutes of the Board's professional advice, the Minister of health or the Director of the Department of health decision to allow or refuse to allow the base doctor, cure technical implementation, new methods and technical approval process. For the same engineering process on both the device and the procedure shall apply in the country; If different then would have to approve a separate engineering processes for each technique, the new method; the case is not allowed to answer in writing and stating the reason.

3. Minister of health detailing the conditions, the procedure allows applying new methods, techniques in examination and treatment.

Chapter VII.

PROFESSIONAL TECHNICAL ERRORS, COMPLAINTS, accusations and DISPUTES in CONSULTATION, healing Items 1.

PROFESSIONAL TECHNICAL FLAWS in the examinations, CURE Article 73. Identify erroneous or practitioners do not have technical expertise 1. The erroneous practice technical expertise when the Professional Council are specified in article 74 and article 75 of this law defines one has the following behavior: a) the breach responsible for the care and treatment of the patient;

b) violated the rules of technical expertise and professional ethics;

c) infringe the rights of sick people.

2. The practice has no technical expertise when errors are professional Council stipulated in article 74 and article 75 of this law defined in one of the following cases: a) Has done properly the provisions of technical expertise in the process of consultations, healing but still happen accidents for the sick;

b) in the case of an emergency but due to lack of facilities, technical equipment, lack of practice under the provisions of the law which cannot be overcome or that do not yet have the expertise to implement regulations lead to happen complications for the patient; other unforeseen circumstances lead to happen complications for the patient.

Article 74. Established professional Council 1. The case has asked to resolve disputes about the doctor, cure when disaster happens for sick people, the establishment of professional boards to determine whether or not to have technical expertise.

2. The establishment of the Professional Council shall be as follows: a) within 5 working days from the date of receiving the request to resolve the dispute, the head of the base doctor, cure to established professional Council or if not established, suggest the competent State bodies on health formed the direct management of the Professional Council;

Within 10 working days from the date of receiving the recommendations of the medical facility, the cure, the competent State agencies on health management directly to established professional Council.

b) where the parties to the dispute do not agree with the conclusions of the Expert Council of the provisions in point a of this paragraph, the parties have the right to propose The establishment of the health professional Council.

Within 20 days from the date of receiving the proposal, the Ministry of health to establish the Professional Council.

3. within 30 days from the date of establishment, is expert Council meeting and invited the parties involved in the dispute involved a number of sessions and the session concluded.

4. in case of incidents involving accidents in examinations, cure be addressed according to the proceedings, the agency conducting the proceedings may suggest the State Agency has the authority on health professional Council to determine whether or not to have technical expertise.

Article 75. Components, operation principles and tasks of the Professional Council 1. The composition of the Expert Council consists of: a) experts in the appropriate field of expertise;

b) experts in other faculties related to accidents in the hospital;

c) jurists or lawyers.

2. Professional Council operating under the principles of collective discussion, decisions by majority and responsible before the law for his conclusion.

3. Professional Council pursuant to the provisions of article 73 of this law are responsible for determining whether or not to have technical expertise.

4. The conclusions of the Expert Council is the basis to resolve disputes or to bodies conducting proceedings to review the decision; is grounds for State administration authority on health, the head of the base doctor, cure decided to apply handling measures by the authority for the practice.

5. Conclusions of the Council by the Ministry of Health established the provisions of point b of this Law 74 Article 2 clause is the final conclusion about whether or not to have technical expertise.

Article 76. The responsibility of practitioners, patient base, healing when an in patient treatment 1. The event specialist errors cause for sick people or in the cases specified in point b of paragraph 2 Article 73 of this law, the insurer that the base doctor, cure has to buy insurance is responsible in damages for sick people under insurance contract signed with base hospital , healing it.

The base case, the cure have yet to buy insurance as prescribed in paragraph 1 of this Law 78 Things to compensation for sick people in accordance with the law.

2. In addition to the indemnification as specified in clause 1 of this article, the base doctor, healing and the erroneous practice of technical expertise cause for sick people to suffer the other liability in accordance with the law.

3. in case of accidents occurred in the examination and treatment as defined in art. 73 of this Law Article 2, the base doctor, cure and the practise is not compensation.

Article 77. Determine the level of compensation for damage caused by incorrect technical expertise in the cause examinations, cure the determination of compensation for damages in the case prescribed in clause 1 Article 76 of this law was made under the provisions of the law.

Article 78. Liability insurance in examinations, cure 1. Basis of examination, treatment and insurance practitioners responsible for medical examination and treatment as prescribed by Government in the insurance business is established and operating in Vietnam.

2. Government Regulation details about liability insurance in consultation, healing and the roadmap to progress to all practitioners and medical examination facility, healing involved in liability insurance medical examination and treatment.

Section 2.

COMPLAINTS, accusations and DISPUTES ABOUT the DOCTOR, cure Article 79. The complaint, report of medical examination and treatment


The complaint and resolve complaints against administrative decisions, administrative acts of the doctor; the accusations and addressed accusations violate the law on consultation, healing is done according to the provisions of the law on complaints and denunciation.

Article 80. The dispute about the doctor, cure 1. The dispute about the doctor, healing is a dispute relating to the rights, obligations and liability of the doctor, healing between the following objects: a) the patient, the patient's representative;

b) practitioners;

c) consultation facility, healing.

2. medical disputes, the cure is resolved as follows: a) the parties to the dispute are responsible for self mediation regarding the content dispute;

b) where mediation fails, the parties to the dispute have the right to sue in Federal Court under the provisions of the law.

3. the time required to resolve the dispute about the doctor, healing is 5 years, since the incident occurred.

Chapter 8.

The CONDITIONS ENSURING the WORK DOCTOR, cure 81 Articles. The organizational basis of examinations, cure 1. The system of examination and treatment facility including the base doctor, healing of the State, private and patient base, healing others.

2. patient base system, the healing of the State includes 4 online as follows: a) the Central Line;

b) provincial, central cities;

c) Online town, County, district, city in the province;

d) glands communes, wards and towns.

3. The base doctor, cure on is responsible for the direction, assistance with technical expertise with respect to the base doctor, healing of the bottom.

4. Minister of health detailing divide technical expertise with respect to the base doctor, cure of each online prescribed in clause 2 and clause 3 of this article.

Article 82. Planning consultation facility system, cure 1. Planning consultation facility system, healing must meet the following requirements: a), effective use of the potential and resources of the country to build and develop the consultation base system; secure the infrastructure, equipment and more modern, advanced to enhance the quality of services;

b) ensure synchronisation, balance, scale, consistent layout, create favorable conditions for the people in the access to medical services;

c) matching plan for socio-economic development of the country.

2. Pursuant to the construction planning consultation facility system, healing involves: a) consultation needs, healing, disease structure;

b) administrative boundaries, population, population size;

c) plans of social-economic development.

3. The content of the planning consultation facility system, healing involves: a) the objective, mission, program, key project;

b) the organizational basis of examination and treatment;

c) resources, implementation solutions, guaranteed condition.

4. the approval authority of the planning consultation facility system, cure shall be as follows: a) the Prime Minister approved the planning consultation facility system, healing the nation according to the recommendation of the Minister of health and Minister of Defense;

b) Minister of health system planning consultation basis, specialized healing;

c) Chairman provincial people's Committee approved the planning consultation facility system, local healing under the proposal of the Director of the Department of health.

Article 83. Training, fostered the practice 1. State planning, planning of training, retraining, improvement of professional engineering, professional ethics for practitioners, combines traditional medicine with modern medicine.

2. State fee exemption for specialized studies Anatomy, forensics, forensic psychiatry.

Article 84. The mode of practice 1. The practice of occupational disease, afflicting an occupational risk tạn enjoy the mode specified by the Prime Minister.

2. In the course of practice, the brave rescue practitioners who were killed or injured shall be considered for recognition as martyrs or wounded, affecting policies as the wounded under the provisions of the law of incentives people to the revolution.

Article 85. The sources of funding for the work of the doctor, cure 1. The State budget for the base doctor, healing of the State.

2. Funding from the source to pay the cost of using the services, healing.

3. other funding sources as prescribed by law.

Article 86. The State budget expenses health 1. The layout of the budget priorities in order to meet the demand for services, the basic healing people; step by step moving form of investment from the State budget directly to the base doctor, healing of the State to the forms of support to people through medical insurance.

2. The State budget expenses, healing must be public, transparent allocation; based on population size, structure, conditions of socio-economic development of each region; reflecting the priority of State policy with regard to consultation, healing work in ethnic minority regions and socio-economic conditions are difficult, the socio-economic conditions particularly difficult and the work of the doctor, cure for social diseases, dangerous diseases.

Article 87. Socialized medical work, healing 1. The dominant role of the State in the development of medical establishments; the base doctor, healing of active State non-profits.

2. State done to diversify the types of medical services; encouraging, mobilizing and facilitating the Organization, individuals involved in building the basis of the examination; encourage patient base, healing private non profit.

3. Every organization, families and citizens are responsible for self-healthcare, early disease detection for membership in the Organization, family and themselves; join the Mayday, solving the case of accident, injury in the community and participate in consultation activities, healing when there is a mobilization of competent bodies.

4. The State has rewarded form suitable for the Organization, the individual building construction investment consultation, healing is not for the purpose of profit; contributions, grants, support for the development of the work of examination and treatment.

Article 88. The price of services, healing 1. The price of services, healing is the amount charged for each examination, healing.

2. Government regulation mechanism for collecting, managing and using revenues from services, medical facility in healing, healing of the State.

3. The Minister of finance in collaboration with the Minister of health regulatory framework consultation services; the price of services, healing for the sick person is a foreigner, the Vietnam settled abroad in the base doctor, healing of the State.

4. The base into framing services, healing prescribed in paragraph 3 of this article, the Minister of health consultation service price regulations, cure for medical establishments under the Ministry of health, healing and other ministries; The provincial people's Council regulation reviews consultation services, healing for the base doctor, healing of the State in local management scope as suggested by the people's committees at the same level.

5. medical establishments, private healing was the right decision and to listed price examination, healing.

Article 89. Patient assistance fund, healing 1. Patient assistance fund, the Social Fund is the cure, charity was established and operates to support the costs of examination and treatment for the disadvantaged or the inability to pay medical expenses, healing and other activities serve for consultation work , healing.

2. the Financial Resources of the Fund are formed on the basis of voluntary contributions, funding of organizations and individuals in the country and abroad; the establishment, organization, functioning and management of the support fund, consultation, healing is done in accordance with the law.

Chapter 9.

TERMS OF IMPLEMENTATION of Article 90. Effective implementation of the law to take effect from January 1, 2011.

Ordinance on medical practice, a private pharmacy number 07/2003/PL-UBTVQH11 expire from the date this law takes effect.

Article 91. Detailing and guiding the implementation of government regulation details, guide the implementation of the article, account assigned in law; Guide to the essential content of this law in order to meet the requirements of governance.