Rights of incapacitated patients in Vietnam | iGuide

Whose opinion will be responsible for implementing the rights of people with civil incapacity in Vietnam?

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Whose opinion will be in exercising the rights of patients who have lost civil act capacity in Vietnam?

This article provides detailed information on the execution of rights for incapacitated patients in Vietnam, according to new regulations, and who will have the authority to decide on their behalf.

According to Article 15 Law on Medical Examination and Treatment 2023 regulations on exercising the rights of patients who have lost civil act capacity, have difficulties in cognition, control behavior, limited civil act capacity, patients who are minors and patients have no relatives as follows:

Exercising the rights of patients who have lost civil act capacity, have difficulty in cognition and behavior control, have limited civil act capacity, patients who are minors, and patients who have no relatives core:

1. In case the patient is an adult and falls into a state of incapacity for civil acts, has difficulty in cognition, controlling behavior, has limited civil act capacity but has previously had a document If you express your legitimate wishes for medical examination and treatment, it will comply with the patient's wishes.

2. In case the patient is an adult and falls into a state of loss of civil act capacity, has difficulty in cognition, behavior control, limited civil act capacity but there is no prior document To express your legitimate wishes for medical examination and treatment, do the following:

a) If there is a representative specified in Points a, b, c and d, Clause 2, Article 8 of this Law, the decision of the representative shall be implemented;

b) If there is no representative specified in Points a, b, c and d, Clause 2, Article 8 of this Law, the decision of the person in charge of the profession or the person in charge of the medical examination facility shall be implemented. , cure”.

Accordingly, in case the patient is a person who has lost civil act capacity, the exercise of the patient's rights will be carried out as follows:

[1] For patients who have previously had a document expressing their wishes: comply with the patient's document

[2] For patients who have not previously expressed their wishes in writing:

- If there is a representative: comply with the representative's decision

- If there is no representative, follow the decision of the person in charge of the profession or the leader of the medical examination and treatment facility.