In Circular No. 32/2023/TT-BYT There is outstanding content about the dispute resolution mechanism when medical complications occur that cause difficulties for patients and their families.

1. Organizational regulations of the professional council 

Pursuant to Article 48 Circular 32/2023/TT-BYT  Regulating the organizational structure and number of members of the professional council, including: 

- Chairman of the council: 01 person; 

- Vice Chairman of the council: 01 - 02 people;

- Members: Minimum 03 people; 

- Council secretary: Minimum 01 person. 

The principles for establishing the council are as follows: 

- Ensure independence, objectivity, no conflicts of interest;

- Council members must have a scope of practice or professional qualifications related to medical complications; 

- The number of members of the council (including the Chairman of the council) must be an odd number. 

2. Order and procedures for resolving disputes when a medical accident occurs

Pursuant to Article 50 Circular 32/2023/TT-BYT Instructions on the order and procedures for resolving disputes when a medical accident occurs are as follows: 

- Dispute resolution order for hospitals under the management authority of the Department of Health (including hospitals of ministries and branches, except hospitals under the Ministry of National Defense and the Ministry of Public Security):

+ When a medical accident occurs and there is a dispute that needs to be resolved, at the request of the patient, the patient's representative, the practitioner, the investigating police agency or the court, the hospital must establish a council. expertise as prescribed in Clause 1, Article 101 Law on Medical Examination and Treatment 2023 (called the grassroots professional council);

+ In case the parties have a dispute and do not agree with the conclusion of the professional council specified in Point a of this Clause, they shall request in writing the Department of Health to establish a professional council to resolve it and send it along with the application. records related to the dispute;

+ In case the parties have a dispute and do not agree with the conclusion of the professional council specified in Point b of this Clause, they shall request in writing the Ministry of Health to establish a professional council to resolve it and send it along with the application. records related to the dispute. The conclusion of the expert council of the Ministry of Health is final;

+ In case the parties have a dispute and do not agree with the conclusion of the professional council prescribed by the Ministry of Health, the parties will sue in court.

- Procedures for resolving disputes in cases where medical examination and treatment establishments are under the management authority of the Department of Health but are not in the form of hospitals (including medical examination and treatment establishments that are not hospitals). Form of hospitals of ministries and branches, except facilities under the Ministry of National Defense and Ministry of Public Security):

+ When a medical accident occurs and there is a dispute that needs to be resolved, at the request of the patient, the patient's representative, the practitioner, the investigating police agency or the court, the facility will make a written request. The Department of Health established a professional council to resolve and attach documents related to the dispute;

+ In case the parties have a dispute and do not agree with the conclusion of the professional council as prescribed above, they shall send a written request to the Ministry of Health to establish a professional council to resolve it and attach the relevant documents. dispute. The conclusion of the expert council of the Ministry of Health is final;

+ In case the parties have a dispute and do not agree with the conclusion of the professional council prescribed by the Ministry of Health, the parties will sue in court.

- Dispute resolution order for hospitals and clinics under the management authority of the Ministry of National Defense and the Ministry of Public Security:

+ When a medical accident occurs and there is a dispute that needs to be resolved, at the request of the patient, the patient's representative, the practitioner or the investigating police agency or court, the hospital or infirmary will become independent. Establish a professional council according to the provisions of Clause 1, Article 101 Law on Medical Examination and Treatment 2023 (called the grassroots professional council);

+ In case the parties have a dispute and do not agree with the conclusion of the professional council as prescribed above, there shall be a written request to the Department of Military Medicine - Ministry of National Defense, Department of Health - Ministry of Public Security to establish a specialized council. subjects to resolve and attach documents related to the dispute;

+ In case the parties have a dispute and do not agree with the conclusion of the professional council as prescribed above, there shall be a written request to the Ministry of Health to establish a professional council to resolve and attach the relevant documents. to dispute. The conclusion of the expert council of the Ministry of Health is final;

+ In case the parties have a dispute and do not agree with the conclusion of the professional council prescribed by the Ministry of Health, the parties will sue in court.

- Procedure for resolving disputes in cases where medical examination and treatment facilities are under the management authority of the Ministry of National Defense or the Ministry of Public Security but are not in the form of a hospital or infirmary or are in the form of a clinic but are not sufficient Conditions for establishing a professional council:

+ When a medical accident occurs and there is a dispute that needs to be resolved, at the request of the patient, the patient's representative, the practitioner, the investigating police agency or the court, the facility will make a written request. The Department of Military Medicine - Ministry of National Defense, Department of Health - Ministry of Public Security established a professional council to resolve and attach documents related to the dispute;

+ In case the parties have a dispute and do not agree with the conclusion of the professional council specified in Point a of this Clause, they shall request in writing the Ministry of Health to establish a professional council to resolve it and send it along with the dossier. related to the dispute. The conclusion of the expert council of the Ministry of Health is final;

+ In case the parties have a dispute and do not agree with the conclusion of the professional council prescribed by the Ministry of Health, the parties will sue in court.

- Dispute resolution order for hospitals under the management authority of the Ministry of Health:

+ When a medical accident occurs and there is a dispute that needs to be resolved, at the request of the patient, the patient's representative, the practitioner, the investigating police agency or the court, the hospital will establish its own council. expertise as prescribed in Clause 1, Article 101 Law on Medical Examination and Treatment 2023 (called the grassroots professional council);

+ In case the parties have a dispute and do not agree with the conclusion of the professional council as prescribed above, there shall be a written request to the Ministry of Health to establish a professional council to resolve and attach the relevant documents. to dispute. The conclusion of the expert council of the Ministry of Health is final;

+ In case the parties have a dispute and do not agree with the conclusion of the professional council prescribed by the Ministry of Health, the parties will sue in court.

- Procedure for resolving disputes in cases where medical examination and treatment facilities are under the management authority of the Ministry of Health but are not in the form of hospitals:

+ When a medical accident occurs and there is a dispute that needs to be resolved, at the request of the patient, the patient's representative, the practitioner, the investigating police agency or the court, the facility will make a written request. The Ministry of Health established a professional council to resolve and attach documents related to the dispute. The conclusion of the expert council of the Ministry of Health is final;

+ In case the parties have a dispute and do not agree with the conclusion of the professional council prescribed by the Ministry of Health, the parties will sue in court.

In today's era, along with the outstanding development of science and technology, health care is also increasingly emphasized and improved. This is reflected in the fact that the world health sector in general and Vietnam in particular has continuously improved service quality, expanded the scale of medical examination and treatment and improved the expertise and technical level of the team. medical doctor.

However, the possibility of complications in medical examination and treatment activities can still occur and is inevitable. Therefore, it is necessary to know the regulations on the order and procedures for resolving disputes when a medical accident occurs to protect your rights.