Authority to resolve medical complaints according to regulations | iGuide

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Regulations on general authority to resolve complaints in the medical field

This article provides information on the general authority regulations in handling complaints in the health sector. The authority to handle complaints belongs to health agencies, medical examination and treatment facilities and relevant state management agencies. Understanding this authority helps patients and their families know how to make complaints and protect their rights when encountering problems related to health services.

According to Decision 44/2005/QD-BYT (“Decision") on handling complaints in the health sector issued by the Minister of Health regulating the handling of complaints in the health sector, applicable to agencies, units, organizations and individuals related to complaints and handling of complaints in the health sector within the scope of state management of health.

The authority to resolve complaints about medical specialties is stipulated in Article 4 of the Decision as follows:

1. Heads of agencies and units under the Department of Health have the authority to resolve complaints about their administrative decisions and administrative acts, and those of cadres and civil servants under their direct management.

2. The Director of the Department of Health has the authority to:

a) Resolve complaints about administrative decisions and administrative acts of oneself and of cadres and civil servants under one's direct management;

b) Resolve complaints that have been resolved by the Head of the Department's agency and equivalent level but are still being complained about.

c) The Chief Inspector of the Department of Health and heads of functional departments of the Department are responsible for verifying, concluding, and recommending the settlement of complaints under the jurisdiction of the Department Director.

d) The Health Department Inspectorate has the duty to advise the Director of the Health Department in state management of resolving complaints in the health sector under its authority.

3. Heads of agencies and units under the Ministry of Health have the authority to resolve complaints about their administrative decisions and administrative acts, and those of cadres and civil servants under their direct management.

4. The Minister of Health has the authority to:

a) Resolve complaints about administrative decisions and administrative acts of oneself and of cadres and civil servants under one's direct management;

b) Resolve complaints that have been resolved by the persons specified in Clause 3, Article 4 of this regulation but there are still complaints.

c) Resolve complaints with content under the state management of the Ministry of Health that have been resolved for the first time by the Chairman of the Provincial People's Committee, and complaints that have been resolved by the Director of the Department of Health but are still subject to appeal.

d) The Minister of Health shall preside over or participate in resolving complaints related to many localities and many areas of state management under the direction of the Prime Minister; review the final decision on resolving complaints that violate the law and cause damage to the interests of the state, the rights and legitimate interests of citizens, agencies and organizations upon the recommendation of the Inspector General. The decision on resolving complaints of the Minister of Health specified in Points b and c, Clause 4 of this Article is the final decision on resolving complaints.

d) The Chief Inspector, Chief of Office, Director of Departments, and Directors of Departments and Bureaus of the Ministry of Health are responsible for verifying, concluding, and recommending the settlement of complaints under the jurisdiction of the Minister of Health.

e) The Inspectorate of the Ministry of Health has the function of advising the Minister of Health in state management of complaint settlement in the health sector.