(Law on Medical Examination and Treatment, No. 15/2023/QH15, January 9, 2023)
I. PATIENT RIGHTS
- Right to medical examination and treatment: Patients are entitled to receive information and explanations about their health condition, examination and treatment methods, services, and the costs involved. They will be guided on how to self-monitor, care for, and prevent complications. Patients are also entitled to safe and appropriate medical methods based on their health status and the actual conditions of the medical facility.
- Right to respect, protection of health, and privacy during medical examination and treatment: Patients will be respected regarding their age, gender, ethnicity, religion, beliefs, health status, economic conditions, and social status. Their medical records and personal information provided during treatment will remain confidential unless the patient consents to sharing it in accordance with the law or as stipulated in Clauses 3 and 4 of Article 69 of this Law. Patients are protected from discrimination, abuse, and forced treatment unless mandated under Clause 1 of Article 82 of this Law.
- Right to choose medical examination and treatment: Patients can choose their treatment methods after being fully informed about their health condition, possible outcomes, and risks, except for cases specified in Clause 4 of Article 40 of this Law. They have the right to accept or decline participation in biomedical research related to medical examination and treatment.
- Right to access information about medical records and treatment costs: Patients have the right to read, review, copy, or record medical records and receive summaries according to point d, Clause 4, Article 69 of this Law. They can also request detailed explanations about their medical expenses.
- Right to refuse treatment and leave the medical facility: Patients can refuse treatment but must sign a written commitment accepting responsibility for their decision after being advised by medical personnel, except for mandatory treatments specified in Clause 1 of Article 82 of this Law. They may also leave the facility before completing treatment, provided they accept responsibility in writing, again except for mandatory treatments.
- Right to make complaints and claim compensation: Patients can lodge complaints about existing issues, difficulties, and other concerns during medical treatment. They are entitled to compensation as specified in Article 102 of this Law.
- Rights of patients lacking legal capacity, cognitive difficulties, behavioral limitations, minors, and patients without relatives:
- If the patient is an adult and has lost legal capacity or has cognitive/behavioral difficulties but had previously expressed their wishes regarding treatment, those wishes will be followed.
- If no prior wishes were expressed, decisions will be made by the legal representative (as per points a, b, c, and d, Clause 2, Article 8 of this Law) or by the head of the medical facility if no legal representative is available.
- For minors, decisions will be made by their legal representative, or if none exists, by the medical facility’s leadership.
II. PATIENT OBLIGATIONS
- Obligation to respect medical personnel and others working at medical facilities: Patients must respect medical staff and not threaten, harm, or insult their dignity or the dignity of others working in the facility.
- Obligation to comply with medical regulations: Patients must provide accurate information about their identity and health, cooperate fully with medical staff, follow prescribed diagnoses and treatments, and ensure their relatives and visitors comply with the facility’s rules and relevant laws.
- Obligation to pay medical fees: Patients with health insurance must pay for any services not covered or partially covered by insurance as per the law. Patients without health insurance must pay medical fees in accordance with the law.