Learn about patient rights and obligations under the 2023 Law on Medical Examination and Treatment

Legal basis: Section 2 Chapter II of the 2023 Law on Medical Examination and Treatment stipulates the rights of Patients as follows:

1. Right to medical examination and treatment

- Receive information and explanations about health status; methods and services of medical examination and treatment; prices of medical examination and treatment services; receive instructions on how to self-monitor, care for, and prevent complications.

- Receive medical examination and treatment using safe methods appropriate to your illness, health condition and the actual conditions of the medical examination and treatment facility.

2. The right to respect for honor, protection of health and respect for privacy in medical examination and treatment

- Respect for age, gender, ethnicity, religion, beliefs, health status, economic conditions, social status.

- The information in the medical record and other private information that the patient has provided to the practitioner during the medical examination and treatment process shall be kept confidential, except in cases where the patient agrees to share information in accordance with the provisions of law or in cases specified in Clauses 3 and 4, Article 69 of the Law on Medical Examination and Treatment 2023.

- Not be discriminated against, mistreated, physically abused, or sexually abused during medical examination and treatment.

- Not be forced to undergo medical examination or treatment, except in cases of compulsory medical treatment as prescribed in Clause 1, Article 82 of the Law on Medical Examination and Treatment 2023.

3. Right to choose in medical examination and treatment

- Choose a method of medical examination and treatment after being provided with full information, explanation, and consultation about the medical condition, results, and possible risks, except for the cases specified in Clause 4, Article 40 of the Law on Medical Examination and Treatment 2023.

- Accept or refuse to participate in biomedical research on medical examination and treatment.

4. Right to be provided with information about medical records and medical examination and treatment costs

- Be allowed to read, view, photocopy, record medical records and provide medical record summaries as prescribed in Point d, Clause 4, Article 69 of the Law on Medical Examination and Treatment 2023.

- Provided and explained in detail about medical examination and treatment service payments upon request.

* The right to refuse medical examination and treatment and to leave the medical examination and treatment facility

- Be allowed to refuse medical examination and treatment but must commit in writing to take responsibility for their refusal after being consulted by a practitioner, except in cases of mandatory medical treatment as prescribed in Clause 1, Article 82 of the Law on Medical Examination and Treatment 2023.

- Allowed to leave the medical examination and treatment facility before completing treatment contrary to the practitioner's instructions, but must commit in writing to take responsibility for leaving the medical examination and treatment facility, except in cases of compulsory treatment as prescribed in Clause 1, Article 82 of the Law on Medical Examination and Treatment 2023.

5. Right to petition and compensation

- Make recommendations on existing problems, shortcomings, difficulties, obstacles and other issues in the process of medical examination and treatment.

- Be compensated according to the provisions of Article 102 of the Law on Medical Examination and Treatment 2023.

* Implementation of the rights of patients who have lost civil act capacity, have difficulty in cognition, behavior control, have limited civil act capacity, patients who are minors and patients without relatives

- In case the patient is an adult and falls into a state of losing civil act capacity, has difficulty in cognition, behavior control, or has limited civil act capacity, but has previously made a written document expressing his/her legal wishes regarding medical examination and treatment, then the patient's wishes shall be implemented.

- In case the patient is an adult and falls into a state of losing civil act capacity, has difficulty in cognition, behavior control, limited civil act capacity but has not previously had a document expressing his/her legal wishes regarding medical examination and treatment, the following shall be implemented:

+ If there is a representative as prescribed in points a, b, c and d, Clause 2, Article 8 of the Law on Medical Examination and Treatment 2023, the decision of the representative shall be implemented;

+ If there is no representative specified in points a, b, c and d, Clause 2, Article 8 of the Law on Medical Examination and Treatment 2023, the decision of the person in charge of professional responsibility or the direct leader of the medical examination and treatment facility shall apply.

- In case the patient is a minor, do the following:

+ If there is a representative as prescribed in Point c and Point d, Clause 2, Article 8 of the Law on Medical Examination and Treatment 2023, the decision of the representative shall be implemented;

+ If there is no representative as prescribed in Point c and Point d, Clause 2, Article 8 of the Law on Medical Examination and Treatment 2023, the decision of the person in charge of professional responsibility or the direct leader of the medical examination and treatment facility shall apply.

(Legal basis: Section 1 Chapter II Law on Medical Examination and Treatment 2023)

6. Obligations of patients under the Law on Medical Examination and Treatment 2023

6.1. Obligation to respect practitioners and others working at medical examination and treatment facilities

Respect practitioners; do not threaten, violate the life, health, or insult the honor and dignity of practitioners and others working at medical examination and treatment facilities.

* Obligation to comply with regulations in medical examination and treatment

- Provide truthfully and take responsibility for information related to one's personal identity and health status, and fully cooperate with practitioners and others working at medical examination and treatment facilities.

- Comply with the diagnosis and treatment instructions of the practitioner.

- Comply with and require relatives and visitors to comply with the regulations of the medical examination and treatment facility and the provisions of law on medical examination and treatment.

6.2. Obligation to pay for medical examination and treatment costs

- Patients participating in health insurance are obliged to pay for medical examination and treatment costs beyond the scope of benefits and benefit levels prescribed by the law on health insurance.

- Patients who do not participate in health insurance are obliged to pay for medical examination and treatment costs according to the provisions of law.