Decision 1701/QD-BYT 2023 Plan to enforce the Law on Health Examination and Treatment No. 15/2023/QH15

DECISION

Promulgating the plan to enforce the Law on Health Examination and Treatment No. 15/2023/QH15

_________

THE MINISTER OF HEALTH

Pursuant to Decree No. 95/2022/ND-CP dated November 15, 2022 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Health;

Pursuant to Decision No. 172/QD-TTg dated March 3, 2023 of the Prime Minister to promulgate the List and assign the authority to assume the prime responsibility for drafting documents elaborating the Law on Medical Examination and Treatment;

Pursuant to the Prime Minister's Decision No. 264/QD-TTg dated March 20, 2023 to promulgate the Plan to enforce the Law on Medical Examination and Treatment No. 15/2023/QH15;

At the proposal of the Director of the Department of Legal Affairs,

HEREBY DECIDES:

Article 1. To promulgate together with this Decision the Plan to enforce the Law on Health Examination and Treatment No. 15/2023/QH15.

Article 2. This Decision takes effect from the date of signing for promulgation.

Article 3. The Chief of the Ministerial Office, Chief of the Ministerial Office, Director of the Department of Medical Services Administration, Directors of Administrations, Agencies, and Departments under the Ministry of Health, Heads of under-ministerial units, Directors of Health Departments of provinces and municipalities, leaders of relevant units are responsible for the implementation of this Decision./.

THE PLAN

ENFORCEMENT OF THE LAW ON MEDICAL EXAMINATION AND TREATMENT
(Promulgated together with Decision No. .../QD-BYT dated ... of the Minister of Health)

A. OBJECTIVES AND TASKS

I. Objectives

To timely enforce the Law on Medical Examination and Treatment No. 15/2023/QH15 (hereinafter referred to as the Law) as soon as the Law takes effect in order to ensure its enforceability and efficiency.

II. Tasks

1. To make available and disseminate the Law to medical examination and treatment establishments, practitioners and ordinaries in order to ensure their strict observance of the Law; to sufficiently promulgate detailed documents to ensure that they take effect at the same time with the Law.

2. To determine the scope of work associated with their responsibilities and promoting the initiative and active role of agencies and organizations within their responsibilities assigned in the Law to ensure the work quality and progress.

3. To ensure regular and effective coordination among relevant agencies and organizations during the enforcement of the Law.

4. Each agency and organization to have a detailed and specific plan in order to ensure that the Law is enforced nationwide in an adequate, comprehensive, and uniform manner.

5. Regularly and timely inspect, urge and guide the removal and settlement of problems and difficulties arising during the enforcement in order to ensure the progress and efficiency thereof.

B. REVISION OF LEGAL DOCUMENTS

1. Scope of work:

a) To make a list of legal documents on medical examination and treatment within the ambit of tasks and powers assigned to them.

b) To review legal documents related to the Law on Medical Examination and Treatment and propose amendments, supplements, replacements, annulments thereof or new promulgation of legal documents which shall comply with the Law on Medical Examination and Treatment No. 15/2003/QH15.

2. Units to perform such tasks: Under-ministerial Departments and Agencies, the Ministry Office, the Ministry Inspectorate

3. Deadline: The list of documents and results of the revision shall be submitted to the Department of Legal Affairs before April 10, 2023.

C. DISCLOSURE AND DISSEMINATION OF THE LAW AND DOCUMENTS DETAILING THE LAW

I. The Department of Medical Services Administration:

1. To compile shared dissemination and training materials about the Law: To be completed before March 30, 2023.

2. To organize conferences to disclose the Law to the Departments of Health of the provinces and municipalities, under-ministerial units and health agencies of other sectors: To be completed in the second quarter of 2023.

II. Under-ministerial Administrations, Departments and Agencies, the Ministry Office, the Ministry Inspectorate:

1. To compile specialized dissemination materials within the ambit of tasks and powers assigned to them.

2. To make available and disseminate the Law to entities and persons subject to them.

III. The Departments of Health of municipalities and provinces:

To make available and disseminate the Law to medical examination and treatment establishments, local practitioners and other entities and persons subject to them.

IV. Medical examination and treatment establishments under the Ministry of Health, under the provincial-level Departments of Health, other ministries, sectors, and private-owned medical examination and treatment establishments:

To make available and disseminate the Law to practitioners, patients and their relatives, and other entities and persons subject to them.

D. FORMULATION OF LEGAL DOCUMENTS DETAILING AND GUIDING THE ISSUES ASSIGNED IN THE LAW ON MEDICAL EXAMINATION AND TREATMENT NO. 15/2023/QH15

I. The Decree of the Government detailing and guiding a number of articles of the Law on Medical Examination and Treatment

1. Relevant units assigned to assume the prime responsibility for drafting detailed regulations:

a) The Department of Medical Services Administration:

- Article 21: Languages used in medical examination and treatment

- Article 23: Practicing medical examination and treatment

- Article 29: Recognition of practice licenses granted by competent foreign agencies or organizations

- Article 30: Grant of practice licenses

- Article 31: Re-grant of practice licenses

- Article 32: Renewal of practice licenses

- Article 33: Modification of practice licenses

- Article 34: Suspension of practice licenses

- Article 35: Revocation of practice licenses

- Article 38: Medical practice registration

- Article 48: Organizational forms of medical examination and treatment establishments

- Article 50: Cases, conditions, dossiers for grant, re-grant or modification of operation licenses; operation license template

- Article 52: Grant of operation licenses

- Article 53: Re-grant of operation licenses

- Article 54: Modification of operation licenses

- Article 55: Suspension of operation licenses

- Article 56: Revocation of operation licenses

- Article 58: Evaluation and certification of the quality of medical examination and treatment establishments

- Article 72: Process for handling of foreign patients without relatives

- Article 73: Process for handling of deceased foreigners without relatives

- Article 79: Guidance on mobile medical examination and treatment

- Article 80: Remote medical examination and treatment and support for remote medical examination and treatment

- Article 82: Compulsory medical treatment

- Article 88: Humanitarian medical examination and treatment for non-profit purposes

- Article 90: Technical transfer in medical examination and treatment

- Article 93: Conditions for application of new techniques and methods in medical examination and treatment

- Article 104: Professional and technical levels in medical examination and treatment

- Article 121: Enforcement road map and transitional regulations

b) The Administration of Science, Technology and Training:

- Article 24: Testing for assessment of capacity for practicing medical examination and treatment

Clause 2, Article 33: Requirement of specialized diplomas and training courses to modify the medical practice scope

- Article 99: Clinical trials of new techniques, new methods, medical equipment

c) The Department of Planning and Finance:

- Clause 9, Article 61: Guarantee of funding for first aid activities

- Clause 6, Article 72: Expenses for care, nursing, medical examination and treatment for patients without relatives

- Clause 3, Article 73: Funeral expenses for patients that deceased at the medical establishments but their relatives are uncontactable

- Clause 5, Article 105: Funds for practitioner training support, scholarships or allowances

- Clause 4, Article 108. Regulations on autonomy applicable to State-owned medical examination and treatment establishments

- Clause 5, Article 109: Socialization of medical examination and treatment

- Clause 10, Article 110: Service charges of medical examination and treatment establishments

- Clause 4, Article 117: Financial mechanism applicable to medical examination and treatment upon occurrence of natural disasters, catastrophes, group-A communicable diseases and emergency situations

- Clause 15, Article 121: Enforcement road map and transitional regulations

d) The Department of Organization and Personnel:

- Article 116: Mobilization of medical examination and treatment establishments to participate in medical examination and treatment upon occurrence of natural disasters, catastrophes, group-A communicable diseases and emergency situations.

dd) The Department of Medical Equipment and Works:

- Article 113: Medical equipment

2. Coordinating units:

a) The Agency of Traditional Medicine Administration: To coordinate with Departments and Agencies to develop contents related to traditional medicine in the draft Decree.

b) The Department of Maternal Health and Children: To coordinate with Departments and Agencies to develop contents related to maternal health and children in the draft Decree.

c) The General Department of Preventive Medicine: To coordinate with Departments and Agencies to develop contents related to medical examination and treatment establishments’ preventive medicine in the draft Decree.

d) The Health Environment Management Agency: To coordinate with Departments and Agencies to develop contents related to occupational diseases and environmental management in the draft Decree.

dd) The Electronic Health Administration: To coordinate with the Department of Medical Services Administration to develop contents related to remote medical examination and treatment and the information system for managing medical examination and treatment in the draft Decree.

e) The Administration of Science, Technology and Training: To coordinate with Departments and Agencies to develop contents related to grant, re-grant, renewal, or suspension of medical practice licenses, remote medical examination and treatment, and other contents related to science, technology and training at medical examination and treatment establishments.

g) The Department of Health Insurance: To coordinate with Departments and Agencies to develop contents related to healthcare covered by health insurance in the draft Decree.

h) The Department of Organization and Personnel: To coordinate with Departments and Agencies to develop contents related to the organizational system of medical examination and treatment establishments, expertise levels, training and retraining of practitioners, testing for assessment of capacity for practicing medical examination and treatment in the draft Decree.

i) The Department of Medical Equipment and Works: To coordinate with the Administration of Science, Technology and Training to develop contents related to clinical trials of medical equipment.

k) The Department of Legal Affairs: To coordinate with Departments and Agencies to review legal affairs in order to ensure the uniformity and conformity of the Decree in the legal system as well as prepare for appraisal and submission of the Decree for promulgation.

3. The unit responsible for finalizing the Decree and submitting it to the Government:

The Department of Medical Services Administration.

4. Deadlines:

a) Deadline for completing the first draft and report it to the Ministry’s leader in charge: before April 15, 2023.

b) Deadline for finalizing the Decree and submitting it to the Government:  September 15, 2023.

II. The decision of the Prime Minister on the organization and operation of the National Medical Council

1. Units assuming the prime responsibility: The Department of Organization and Personnel

2. Coordinating units: The National Medical Council, the Department of Science, Technology and Training, the Department of Medical Services Administration, the Agency of Traditional Medicine Administration, the Department of Planning and Finance, the Department of Legal Affairs.

3. Specific regulations:

Clause 3, Article 25. The organization and operation of the National Medical Council

4. Deadlines:

a) Deadline for completing the first draft and report it to the Ministry’s leader in charge: before April 15, 2023.

b) Deadline for finalizing the Decision and submitting it to the Prime Minister: September 15, 2023.

III. Circular detailing the implementation of a number of articles of the Law on Medical Examination and Treatment

1. Relevant units assigned to assume the prime responsibility for drafting detailed regulations:

a) The Department of Medical Services Administration:

- Clause 3, Article 26: Regulations on practice scope for each professional title.

- Clause 5, Article 27: Practice licenses and templates thereof.

- Point dd, Clause 3, Article 36: Regulations on practitioners who may provide medical examination and treatment services without registering the medical practice

- Point a, Clause 1 Article 57: Regulations on basic quality standards for medical examination and treatment establishments

- Point d, Clause 1, Article 57: Regulations on recognition of quality standards applicable to medical examination and treatment establishments, which are issued by foreign or domestic organizations

- Clause 4, Article 57: Regulations on recognition of quality standards

- Clause 1, Article 69: Regulations on case history dossiers and brief summaries of case history dossiers

- Clause 3, Article 70: Regulations on on-standby medical examination and treatment

- Point a, Clause 1, Article 80: Regulations on the list of diseases and conditions subject to remote medical examination and treatment

- Clause 2, Article 83: Regulations on standards and health check-up

- Clause 4, Article 115: Regulations on mobilization, allocation, and designation of entities to participate in medical examination and treatment upon occurrence of natural disasters, catastrophes, group-A communicable diseases or emergency situations

b) The Administration of Science, Technology and Training:

- Clause 14, Article 2: Medical knowledge subject to continued updating

- Clause 4, Article 22: Continued updating of medical knowledge in medical examination and treatment

- Point d, Clause 4, Article 99: Good practices of new techniques and methods, and clinical trial of medical equipment

- Clause 6, Article 101: Regulations on organization and operation of professional councils and the order and procedures for dispute settlement upon occurrence of a medical complication

c) The Department of Planning and Finance:

- Point a, Clause 5, Article 110: Regulations on methods of determination of charges for medical examination and treatment services

- Point b, Clause 5, Article 110: Regulations on charges for medical examination and treatment services

d) The Electronic Health Administration:

Clause 5, Article 112: Regulations on management, exploitation and use of the information system on medical examination and treatment management

dd) The General Department of Preventive Medicine:

Point b, Clause 2, Article 4: Regulations on the list of group-B communicable diseases the examination and treatment of which shall be prioritized in terms of State budget allocation

e) The Agency of Traditional Medicine Administration:

- Clause 4, Article 86: Regulations on grant of certificates of herbalists, certificates of owners of family herbal remedies, certificates of owners of family treatment methods

- Clause 2, Article 87: Regulations on combination of western medicine with traditional medicine

g) The Department of Maternal Health and Children

Point b, Clause 2, Article 19: Regulations on expertise training and operation scope of health workers of villages, village midwives.

h) The Health Environment Management Agency

Point b, Clause 2, Article 19: Regulations on expertise training and operation scope of health workers working at health departments of agencies, units or organizations.

2. Coordinating units:

Relevant Agencies and Departments, within the ambit of tasks and powers assigned to them.

3. The unit responsible for finalizing and submitting the document:

The Department of Medical Services Administration

4. Deadline for finalizing and submitting the document to the Ministry’s leadership for promulgation:

a) Deadline for completing the first draft and report it to the Ministry’s leader in charge: Before April 15, 2023.

b) Deadline for finalizing and submitting the Circular to the Ministry’s leadership for promulgation: Before October 15, 2023.

IV. Schemes on enforcing the Law

1. The Scheme on building the information system on medical examination and treatment management

a) Drafting agency:

The Electronic Health Administration

b) Coordinating units:

The Department of Medical Services Administration, the Agency of Traditional Medicine Administration, the General Department of Preventive Medicine, the Department of Health Insurance, the Department of Planning and Finance, the Department of Maternal Health and Children, the Department of Legal Affairs and relevant Departments and Agencies.

1.3. Deadline: Before October 15, 2023.

2. The Scheme on developing a set of tools for assessing capacity for practicing medical examination and treatment

a) Drafting agency:

National Medical Council

b) Coordinating units:

The Department of Science, Technology and Training, the Department of Medical Services Administration, the Agency of Traditional Medicine Administration, the Department of Legal Affairs and relevant Agencies and Departments.

c) Deadline:

Before October 15, 2023.

3. The Scheme on developing human resources for healthcare in the 2023-2030 period

a) Drafting agency:

The Administration of Science, Technology and Training

b) Coordinating units:

The Department of Medical Services Administration, the Agency of Traditional Medicine Administration, the Department of Maternal Health and Children, the Department of Organization and Personnel, the Department of Legal Affairs and relevant Agencies and Departments.

c) Deadline:

Before October 15, 2023.

V. Organization of implementation

1. The Department of Medical Services Administration shall:

a) Act as a point of contact to help the Minister coordinate the enforcement of the Law as well as monitor and urge the Agencies, Departments, under-ministerial units, Departments of Health of provinces and municipalities, and other relevant organizations and individuals during the enforcement of the Law;

b) Perform the tasks stated in this Plan on schedule.

2. Under-ministerial Administrations, Departments and Agencies, the Ministry Office, the Ministry Inspectorate, under-ministerial units, within the ambit of tasks and powers assigned to them, shall:

a) Actively develop plans, assign specific responsibilities to leaders and individuals for performing assigned tasks, or coordinate with units in implementing this Plan in order to ensure the progress, quality, efficiency, thrift as well as avoiding token service and wastefulness;

b) Once every 2 weeks, the units in charge of drafting documents as assigned in this Plan shall report the situation and progress of draft documents to the Ministry’s leaders in charge and send such reports to the Department of Legal Affairs for summary and monitoring;

c) The Department of Legal Affairs shall supervise and urge the units’ drafting of the documents.

3. The Departments of Health of municipalities and provinces shall:

a) Advise the People’s Committees of provinces and municipalities to issue plans to enforce the Law in their respective localities;

b) Perform the tasks assigned to them in this Plan;

c) Direct, guide, urge and check the enforcement of this Law by organizations and individuals subject to them.

4. Funding:

a) Funds for the implementation of this Plan shall be allocated from the annual State budget of the Ministry of Health, units and localities as specified in the Law on State Budget as well as covered by other lawful funding sources as specified by the law.

b) Agencies and units assigned specific contents and tasks in this Plan are responsible for making financial-budgetary plans in each enforcement stage of the Law and annual State budget estimates, then report them to relevant authorities for approval in accordance with the Law on State Budget, and mobilize other lawful funding sources to implement the Plan.

c) The Department of Planning and Finance shall promptly allocate funds to the units for them to perform the assigned tasks./.