Regulations on receiving and resolving complaints under authority in the medical field

Article 8 of Decision 44/2005/QD-BYT stipulates the acceptance and settlement of complaints under the authority

1. Verification

Verify whether the content of the complaint is correct or incorrect (partially correct or completely correct), the responsibilities of the complainant and the complained party in resolving the complaint.

a) Verification content: verify the complaint content and reason for complaint.

b) Verification method:

- Review the records provided by the complainant and the person or agency being complained about.

- The person handling the first complaint must meet and have a direct dialogue with the complainant, the person complained about, and people with related rights and interests to clarify the content of the complaint, the complainant's requests, and the direction for resolving the complaint; the meeting and dialogue must be conducted publicly and democratically; if deemed necessary, representatives of socio-political organizations may be invited to attend.

- The person handling the complaint is responsible for notifying in writing the complainant, the person complained about, the person with related rights and interests, and the representative of the socio-political organization of the time, location, and content of the meeting and dialogue; the person notified is responsible for arriving at the correct time, location, and composition as stated in the notice.

- When meeting and having a dialogue, the person handling the complaint must clearly state the content of the dialogue and the results of the verification of the content of the complaint; participants in the dialogue have the right to express their opinions and provide evidence related to the complaint and their requests.

- Meetings and dialogues must be recorded in minutes; the minutes must clearly state the opinions of the participants, summarize the results of the dialogue contents, and have the signatures of the participants; in case the dialogue participants do not sign to confirm, the reason must be clearly stated; this minute must be included in the complaint case file.

- Request the complainant and the complained agency to report in writing.

- Meet to verify, listen to opinions of relevant people, people who know the matter (ask them to write a report).

- Verify on-site to collect documents and evidence if the verification issue is unclear.

- Request an appraisal or take other measures as prescribed by law.

2. Conclusion

a) Based on verification, a conclusion must be made on whether the complaint content is correct or incorrect (partially correct or completely correct, partially incorrect or completely incorrect).

b) The legal basis for concluding right or wrong must be based on the provisions of law, State policies, professional regulations of the health sector, regulations and rules of the agency or unit.

3. Recommendations

Based on the verified results, conclusions and recommendations to the competent authority to resolve complaints:

a) In case the complaint content is correct: recommend to cancel the administrative decision, disciplinary decision, remedy the consequences, and compensate for damages (if any) according to the law.

b) In case the complaint content is incorrect: recommend to reject the complaint.

4. Issue a decision to resolve the complaint

The person handling the complaint must issue a written decision to resolve the complaint. The decision to resolve the complaint must include the following contents:

a) Date, month, year, decision made;

b) Name and address of the complainant and the person complained against;

c) The content of the complaint is correct, partially correct or completely incorrect;

d) Legal basis for resolving complaints;

d) Conclusion: Uphold, amend or cancel part or all of the administrative decision, terminate the complained administrative act, resolve specific issues in the complaint;

e) Compensation for the injured party (if any);

g) The decision to resolve the first and subsequent complaints must clearly state: If you do not agree with this decision, you have the right to appeal to a higher level (Director of the Department of Health, Chairman of the Provincial or Municipal People's Committee, Minister of Health) or have the right to file an administrative lawsuit in Court.

h) The decision to resolve subsequent complaints must be sent to the complainant, the person who resolved the previous complaint, the person with related rights and interests, and the person who forwarded the complaint within 7 days at the latest from the date of the decision to resolve the complaint;

The person handling the subsequent complaints, when necessary, shall publicly announce the settlement decision to the complainant and the person complained against;

i) The final decision on resolving the complaint must also clearly state that this is the final decision on resolving the complaint.

Article 9 stipulates the completion and retention of records in the medical field as follows:

1. Complaints must be documented.

Complaint settlement records include:

a) Complaint or complaint record;

b) Response document of the complained person;

c) Minutes of examination, verification, conclusion and appraisal results;

d) Decision to resolve complaints;

d) Other relevant documents.

2. Complaint settlement records must be page numbered in document order and kept according to regulations.

3. In case the complainant continues to complain or initiate an administrative lawsuit at the Court, the file must be transferred to the competent Court agency upon request according to the provisions of law.