Legal Document Updates in English (45/2011)

HOSPITALS MUST PURCHASE LIABILITY INSURANCE IN
MEDICAL EXAMINATION AND TREATMENT
 

As regulated in the Decree No. 102/2011/ND-CP dated 14/11/2011 of the Government, all of the medical examination and treatment facilities operating in the form of organizations as hospitals, including general hospitals, specialized hospitals, and traditional medicine hospitals must purchase liability insurance in medical examination and treatment.

The coverage of liability insurance includes complications in medical examination and treatment due to technical errors caused by negligence errors, carelessness of practitioners in the medical examination and treatment facilities to their patients. And other cases shall be agreed by medical examination and treatment facilities and insurers.

The rates of insurance liability for each complaint case of coverage is the maximum amount that the insurer shall pay but not exceeding the total liability insurance rate for medical examination and treatment facility as agreed upon in the insurance contract.

Medical examination and treatment facility has the responsibility to pay compensation to the patient or his/her legal representative. Where the medical examination and treatment facility is suspended or revoked the operating license, the insurer shall have the responsibility to directly pay compensation to patient or his/her legal representative.

THE LICENSING AND GRANT OF PRACTICE CERTIFICATES MUST BE COMPLETED
BEFORE DECEMBER 31, 2015
 

The Government issued the Decree No. 87/2011/ND-CP dated September 27, 2011 detailing and guiding a number of articles of the Law on medical examination and treatment.

This Decree details about 7 organizational forms of medical examination and treatment establishments, including: hospitals; medical assessment establishments; clinics, maternity hospitals; diagnostic establishments; medical service establishments; commune level health centers, infirmaries of agencies, units and organizations.

As for roadmap for the licensing of state medical examination and treatment establishments, and roadmap for the grant of practice certificates for practitioners of state medical examination and treatment establishments, the Government requests that the licensing and grant of practice certificates must be completed before December 31, 2015.

As stipulated in this Decree, in addition to fully meeting the conditions provided in Article 43 of the Law on medical examination and treatment, Medical examination and treatment establishments may be licensed when fully complying with national technical regulations on medical examination and treatment establishments and having sufficient medical practitioners relevant to their professional operations under the Ministry of Health's guidance.
Private medical examination and treatment establishments having obtained a certificate of eligibility for private medical practice and private medical practitioners having obtained a practice certificate to act as heads of private medical examination and treatment establishments under the Ordinance on Private Medical and Pharmaceutical Practice valid until or after December 31, 2010, may continue their operations until they obtain an operation license or a practice certificate under the Law on Medical Examination and Treatment before December 31, 2012.
This Decree takes effect on November 15, 2011 and replaces the Decree No. 103/2003/ND-CP dated September 12, 2003 of the Government detailing a number of articles of the Ordinance on Private Medical and Pharmaceutical Practice.

INSPECTION CONCLUSIONS MUST BE PUBLICIZED WITHIN 10 DAYS
 

On September 22, 2011, the Government issued the Decree No. 86/2011/ND-CP detailing and guiding the implementation of a number of articles of the Law on Inspection on the principles of inspection activities. In this Decree, the Government regulates that inspection conclusions must be publicized, except inspection conclusion contents classified as state secrets.

Specifically, within 10 days after signing inspection conclusions, the issuer of inspection conclusions shall have the responsibility to publicize inspection conclusions. Inspection conclusions will be published at a meeting participated by the inspection decision issuer or an authorized person, a representative of the inspection team, the inspected subject, and related agencies, organizations and persons.

In addition to the publicization of inspection conclusions as above, the issuer of inspection conclusions shall select at least one of the following forms: announcement in the mass media; posting on the website of the inspection agency, the agency assigned to perform specialized inspection or the same-level state management agency; and display at the working office of the inspected agency, organization or person.

Also in this Decree, during inspection, when having a ground to conclude that money and assets are illegally appropriated or used or lost due to unlawful acts of

the inspected subject, the inspection decision issuer shall issue a decision to retrieve them. A retrieval decision must be made in writing, clearly stating the money amount and assets to be retrieved, responsibilities of the retrieving agency, the retrieval time and responsibilities of the inspected subject.

When having a ground to believe that the inspected subject disperses assets or fails to comply with the money and asset retrieval decision of the state inspection agency or the head of the state management agency, the inspection decision issuer shall issue a written request for the credit institution at which the inspected subject has an account to block this account to serve inspection activities.

During inspection, if detecting the illegal use of money, objects or permits and finding it necessary to promptly prevent such use or to verify circumstances to serve as evidence for conclusion or handling, the head of an inspection team shall request the inspection decision issuer to issue a decision on temporary seizure of such money, objects or permits.

This Decree takes effect on November 15, 2011, and replaces the Government's Decree No. 41/2005/ND-CP of March 25, 2005, detailing and guiding a number of articles of the Law on Inspection; and Decree No. 61/1998/ ND-CP of August 15, 1998, on the work of inspection and examination of enterprises ceases to be effective.

REGULATIONS ON THE COPYRIGHT TO COMPUTER PROGRAMS ARE AMENDED
 

On September 20, 2011, the Government issued the Decree No. 85/2011/ND-CP amending and supplementing a number of articles of the Government's Decree No. 100/ 2006/ND-CP of September 21, 2006, detailing and guiding a number of articles of the Civil Code and the Intellectual Property Law regarding copyright and related rights, including amendments related to copyright to computer programs.

Specifically, authors of computer programs defined at Point m, Clause 1, Article 14, and Article 22 of the Intellectual Property Law are entitled to moral rights specified in Clauses 1, 2 and 4, Article 19 of the Intellectual Property Law. Organizations or persons that provide funds and physical and technical foundations for creation of computer programs and authors of such programs may reach agreement on the right to title such programs when signing contracts on creation of computer programs as specified by Law.

Organizations or persons that provide funds and physical and technical foundations for creation of computer programs are copyright holders and entitled to the publication right and exclusive economic rights as regulated.  Authors of computer programs are entitled to royalty and other material benefits as agreed with copyright holders.

Principles and methods of payment of royalty, remuneration and material benefits are also regulated in this Decree. Accordingly, royalty, remuneration and material benefits specified in the Intellectual Property Law shall be determined as follows: the payment of royalty, remuneration and material benefits must assure the interests of authors, users and the public and suit national realities.

Also in this Decree, authors of works and organizations or persons that carry out performances or make phonograms, video recordings or broadcasts for children or ethnic minority people; Vietnamese creating works in foreign languages, Kinh persons creating works in ethnic minority their mother tongues; persons creating works under difficult or dangerous conditions or in other special cases are entitled to additional royalty, remuneration or material benefits as consolation..

The use of copyright and related rights and payment of royalties, remuneration and material benefits must be carried out under written contracts according to law.

This Decree takes effect on November 10, 2011.

MEASURES TO ASSURE COMMUNITY REINTEGRATION FOR PERSONS SERVED
THEIR PRISON SENTENCES
 

On September 16, 2011, the Government issued the Decree No. 80/2011/ND-CP providing measures to assure community re-integration for persons having completely served their prison sentences.

Accordingly, persons having completely served their prison sentences will be assisted by local administrations and agencies, organizations and individuals for community re-integration; being registered their permanent or temporary residence according to the law on residence; having rights to request a competent court to grant a criminal record remission certificate when fully satisfying the law-prescribed conditions and request the grant of a judicial record card.

Persons having completely served their prison sentences have the obligations to return to their places of residence and produce the certificate of complete serving of prison sentence or certificate of special amnesty within the prescribed time limit to the commune-level People's Committee or agency or unit where they previously worked; To submit to the management, education and supervision by local administration, units, social organizations and people at the places where they reside, work or study pending the remission of their criminal records;

This Decree also regulates conditions for community reintegration of inmates who are going to complete their prison sentences. Specifically, Two months before inmates completely serve their prison sentences, prisons and detention camps shall provide them with more information on current affairs, policies, laws and

socio-economic situation as well as on the labor market, educate them in living skills, furnish them with other necessary knowledge and support them in legal procedures

At the same time, inmates who are going to completely serve their prison sentences at prisons or detention camps must be provided with psychological counseling and assistance, aiming to orientate and raise their ability to solve their personal difficulties and problems by themselves when they completely serve their prison sentences. Prisons and detention camps shall arrange counseling rooms furnished with necessary equipment; appoint officers capable of providing counseling or invite capable counselors to join their officers in providing counseling for inmates.

Prisons shall establish community re-integration funds from revenues earned through inmates' labor under Article 30 of the Law on Execution of Criminal Judgments in order to provide support for community re-integration activities and for inmates who have completely served their prison sentences to re-integrate into the community; organize accounting and make statistics on community re-integration fund revenues and expenditures according to the laws on accounting and statistics; and publicize the management and use of the funds according to law.

This Decree takes effect on November 16, 2011.

ALLOW TO TRADE GOLD, SUPPLY SOURCES INCREASE SHARPLY
 

Allowing commercial banks to convert mobilized and currently kept gold amounts into cash and open overseas gold accounts to offset gold-price fluctuation risks is the next solution of the State Bank of Vietnam to pull domestic gold price to the international gold price.

On October 06, 2011, the State Bank of Vietnam formally issued the Circular No. 32/2011/TT-NHNN amending and supplementing a number of articles of the State Bank of Vietnam’s Circular No. 11/2011/TT-NHNN of April 29, 2011, on termination of mobilization of deposits and provision of loans in gold by credit institutions.

Commercial banks may be considered and allowed by the State Bank to convert untraded gold amounts into cash and open overseas gold accounts when fully meeting the conditions: having conducted gold trading, mobilization or lending for

 years or more; having an effective internal control system; having issued regulations on risk management in gold trading; operating mainly in centrally run cities; committing no violation of regulations on gold trading management.

Commercial banks may convert a maximum 40 % of their untraded gold amounts into cash at the time of submitting the application dossier. A commercial bank may open at most 2 (two) overseas gold accounts. Commercial banks may purchase gold on their overseas accounts only after converting into cash untraded gold amounts not exceeding gold amounts converted domestically.

This Circular takes effect on October 6, 2011.