Joint Circular No. 04/2010/TTLT-BCA-BYT guiding the examination and treatment of persons under temporary detention, pretrial detention, convicts, educational facility inmates, and students at rehabilitation schools at state hospitals

JOINT CIRCULAR

Guidelines for medical examination and treatment of persons under temporary detention, pre-trial detention, convicts, educational institution inmates, and students at reformatory schools at state hospitals

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On the basis of the Law on Execution of Criminal Sentences in 1993 and the Law Amending and Supplementing Certain Provisions of the Law on Execution of Criminal Sentences No. 01/2007/UBTVQH dated October 19, 2007 of the Standing Committee of the National Assembly;

On the basis of Decree No. 89/1998/NĐ-CP dated November 7, 1998 of the Government promulgating the Regulations on Temporary Detention and Pre-Trial Detention and Decree No. 98/2002/NĐ-CP dated November 27, 2002 of the Government amending and supplementing certain provisions of the Regulations on Temporary Detention and Pre-Trial Detention promulgated together with Decree No. 89/1998/NĐ-CP of the Government;

On the basis of Decree No. 66/2009/NĐ-CP dated August 1, 2009 of the Government amending and supplementing certain provisions of Decree No. 142/2003/NĐ-CP dated November 24, 2003 of the Government stipulating the application of administrative measures to send individuals to reformatory schools;

On the basis of Decree No. 125/2008/NĐ-CP dated December 11, 2008 of the Government amending and supplementing certain provisions of Decree No. 76/2003/NĐ-CP of the Government stipulating and guiding in detail the application of measures to send individuals to educational institutions;

On the basis of Decree No. 113/2008/NĐ-CP dated October 28, 2008 of the Government promulgating the Regulations on Prisons;

To implement correctly and uniformly the legal regulations regarding medical examination and treatment at hospitals for persons under temporary detention, pre-trial detention, convicts, educational institution inmates, and students at reformatory schools managed by the People's Public Security Forces, the Ministry of Public Security and the Ministry of Health hereby jointly issue the following guidelines:

Chapter I GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the medical examination and treatment and management of persons under temporary detention, pre-trial detention, convicts, educational institution inmates, and students at reformatory schools managed by the People's Public Security Forces at hospitals of the Health sector or the Public Security sector (hereinafter referred to as hospitals).

Article 2. Responsibilities of temporary detention facilities, pre-trial detention centers, prisons, educational institutions, reformatory schools, and hospitals

1. Temporary detention facilities, pre-trial detention centers, prisons, educational institutions, and reformatory schools shall be responsible for sending persons under temporary detention, pre-trial detention, convicts, educational institution inmates, and students at reformatory schools who suffer from diseases beyond the professional capacity to treat at infirmaries or health units of their own facilities to hospitals for medical examination and treatment according to the guidelines set forth in this Circular and other relevant legal regulations.

2. Hospitals shall be responsible for arranging wards for persons under temporary detention, pre-trial detention, convicts, educational institution inmates, and students at reformatory schools requiring inpatient treatment; receiving them and ensuring timely emergency care, medical examination, and treatment as they would for other patients.

Chapter II MEDICAL EXAMINATION AND TREATMENT AT HOSPITALS FOR PERSONS UNDER TEMPORARY DETENTION, PRE-TRIAL DETENTION, CONVICTS, EDUCATIONAL INSTITUTION INMATES, AND STUDENTS AT REFORMATORY SCHOOLS

Article 3. Professional Regime for Emergency Care, Medical Examination, and Treatment

1. Persons under temporary detention, pre-trial detention, convicts, educational institution inmates, and students at reformatory schools suffering from diseases transferred to hospitals by temporary detention facilities, pre-trial detention centers, prisons, educational institutions, and reformatory schools shall all receive timely emergency care, medical examination, and treatment.

2. Persons under temporary detention, pre-trial detention, convicts, educational institution inmates, and students at reformatory schools transferred to hospitals for emergency care, medical examination, and treatment must have a transfer certificate and a summary of their treatment process at the infirmary or health unit of the temporary detention facility, pre-trial detention center, prison, educational institution, or reformatory school.

3. Each department of the hospital where persons under temporary detention, pre-trial detention, convicts, educational institution inmates, and students at reformatory schools are undergoing inpatient treatment must assign medical staff daily to examine and treat them.

4. In cases where the hospital's professional capacity to treat is exceeded, the hospital must transfer the patient to a higher-level hospital for treatment. The transportation means shall be the responsibility of the temporary detention facility, pre-trial detention center, prison, educational institution, or reformatory school, except in cases of emergency transport by the hospital's ambulance.

Article 4. Payment for medical examination and treatment costs

Detention centers, temporary detention camps, prisons, educational facilities, and juvenile rehabilitation schools are responsible for paying hospitals the costs of emergency care, medical examinations, and treatments for detained individuals, temporarily detained individuals, prisoners, educational facility inmates, and students at juvenile rehabilitation schools.

Article 5. Inpatient Treatment Rooms at Hospitals

1. Hospitals are responsible for arranging separate inpatient treatment rooms for detained individuals, temporarily detained individuals, prisoners, educational facility inmates, and students at juvenile rehabilitation schools who require inpatient treatment. Based on actual conditions, hospitals are encouraged to cooperate with detention centers, temporary detention camps, prisons, educational facilities, and juvenile rehabilitation schools in the area to build dedicated treatment areas within the hospital premises.

2. Based on the number of individuals requiring treatment, hospitals must arrange inpatient treatment rooms in accordance with regulations and provide duty rooms for guards and security personnel.

3. Encouragement is given to detention centers, temporary detention camps, detention houses, educational facilities, and juvenile rehabilitation schools located in the same area to cooperate with hospitals to jointly establish and utilize inpatient treatment rooms for detained individuals, temporarily detained individuals, prisoners, educational facility inmates, and students at juvenile rehabilitation schools who are ill. In this case, additional separate treatment rooms must be arranged for temporarily detained individuals to serve operational needs.

4. The construction, renovation, repair, maintenance, installation of equipment, and management and nursing in inpatient treatment rooms for detained individuals, temporarily detained individuals, prisoners, educational facility inmates, and students at juvenile rehabilitation schools at hospitals shall be the responsibility of detention centers, temporary detention camps, detention houses, educational facilities, and juvenile rehabilitation schools.

Article 6. Management System for Detained Individuals, Temporarily Detained Individuals, Prisoners, Educational Facility Inmates, and Students at Juvenile Rehabilitation Schools Who Are Ill and Brought to Hospitals for Emergency Care, Medical Examinations, and Treatments

1. When bringing detained individuals, temporarily detained individuals, prisoners, educational facility inmates, and students at juvenile rehabilitation schools to hospitals for emergency care, medical examinations, and treatments, or transferring them between hospitals, detention centers, temporary detention camps, detention houses, educational facilities, and juvenile rehabilitation schools, personnel must be assigned to guard, escort, and accompany them along with medical staff.

2. The management, guarding, protection, and escorting of detained individuals, temporarily detained individuals, prisoners, educational facility inmates, and students at juvenile rehabilitation schools who are undergoing inpatient treatment at hospitals must comply with legal regulations and be the responsibility of detention centers, temporary detention camps, detention houses, educational facilities, and juvenile rehabilitation schools.

Article 7. Dietary, Clothing, Living, and Visitation Arrangements for Detained Individuals, Temporarily Detained Individuals, Prisoners, Educational Facility Inmates, and Students at Juvenile Rehabilitation Schools Undergoing Treatment in Hospital Inpatient Treatment Rooms

1. The dietary, living, and visitation arrangements for detained individuals, temporarily detained individuals, prisoners, educational facility inmates, and students at juvenile rehabilitation schools undergoing inpatient treatment at hospitals shall be implemented according to those for detained individuals, temporarily detained individuals, prisoners, educational facility inmates, and students at juvenile rehabilitation schools at detention centers, temporary detention camps, prisons, educational facilities, and juvenile rehabilitation schools; in special cases of illness, the diet follows the hospital's special illness diet. Detention centers, temporary detention camps, prisons, educational facilities, and juvenile rehabilitation schools are responsible for implementing dietary, living, and visitation arrangements for detained individuals, temporarily detained individuals, prisoners, educational facility inmates, and students at juvenile rehabilitation schools undergoing inpatient treatment at hospitals.

2. The clothing arrangements for detained individuals, temporarily detained individuals, prisoners, educational facility inmates, and students at juvenile rehabilitation schools undergoing inpatient treatment at hospitals shall be carried out in accordance with hospital regulations.

Chapter III IMPLEMENTATION PROVISIONS

Article 8. Coordination Relationships

1. The design model for constructing a separate treatment area (if any) must be coordinated and unified among the functional Departments and Bureaus of the Ministry of Public Security and the Ministry of Health before implementation.

2. The leaders of hospitals and temporary detention centers, pretrial detention facilities, prisons, educational institutions, and juvenile rehabilitation schools with separate treatment areas at hospitals shall organize regular meetings every six months.

3. Medical staff of temporary detention centers, pretrial detention facilities, prisons, educational institutions, and juvenile rehabilitation schools must coordinate with the relevant departments and wards of the hospital directly treating detainees, pretrial detainees, prisoners, inmates of educational institutions, and students of juvenile rehabilitation schools to monitor their health status and disease progression in accordance with the law.

4. When a detainee, pretrial detainee, prisoner, inmate of an educational institution, or student of a juvenile rehabilitation school dies while being treated at a hospital, the hospital and the temporary detention center, pretrial detention facility, prison, educational institution, or juvenile rehabilitation school where the death occurred shall cooperate to handle the matter in accordance with the law. Funeral expenses shall be borne by the temporary detention center, pretrial detention facility, prison, educational institution, or juvenile rehabilitation school.

Article 9. Implementation Organization

1. The Ministry of Health shall instruct its Departments, Bureaus, and hospitals under its jurisdiction, as well as provincial and municipal health department hospitals, to implement this regulation.

2. The Ministry of Public Security shall instruct its General Directorates, Departments, Bureaus, hospitals, and temporary detention centers, pretrial detention facilities, prisons, educational institutions, and juvenile rehabilitation schools managed by public security forces to implement this regulation.

Article 10. Effective Date

These Circulars shall take effect from October 1, 2010. During the implementation process, if there are any difficulties or need for further explanation or supplementary guidance, units and localities should report to the Ministry of Public Security and the Ministry of Health for timely guidance and supplementation.