Joint Circular No. 07/2015/TTLT-BCA-BQP-BYT provides guidance on the examination and treatment of persons under temporary detention, pre-trial detention, convicts, compulsory educational facility inmates, and students at rehabilitation schools managed by the Ministry of Public Security and the Ministry of National Defense at state medical facilities. This document stipulates the responsibilities of temporary detention centers, pre-trial detention centers, educational facilities, and hospitals in conducting examinations and treatments, as well as living conditions and treatment for those being examined and treated.
Đối tượng áp dụng
Temporary detention centers, pre-trial detention centers, prisons, compulsory educational facilities, and rehabilitation schools managed by the Ministry of Public Security and the Ministry of National Defense; state medical facilities from the district level to the central level.
Các điểm cốt lõi
- Temporary detention centers, pre-trial detention centers, prisons, compulsory educational facilities, and rehabilitation schools have the responsibility to transfer individuals under their management who exceed the treatment capacity of the unit's medical facilities to other medical facilities for examination.
- Medical facilities must accept and conduct examinations and treatments for individuals according to regulations, while coordinating with temporary detention centers in managing and caring for patients.
- Individuals receiving examination and treatment shall have living conditions and daily routines equivalent to those at the medical units of temporary detention centers and pre-trial detention centers.
- In the event that an individual dies at a medical facility, the facility must follow the prescribed procedures and coordinate with the temporary detention center to address the situation.
- The Ministry of Public Security, the Ministry of National Defense, and the Ministry of Health are responsible for directing the implementation of this Joint Circular.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Helps ensure healthcare rights for persons under temporary detention, pre-trial detention, convicts, compulsory educational facility inmates, and students at rehabilitation schools.
- Negative impact: May increase costs and effort for temporary detention centers and pre-trial detention centers in managing individuals undergoing examination and treatment.
❓ Câu hỏi thường gặp
What are the responsibilities of a temporary detention center when transferring a person under temporary detention for examination?
A temporary detention center must transfer a person under temporary detention who exceeds the treatment capacity of the unit's medical facilities to other medical facilities. At the same time, they must arrange transportation and staff to ensure the safety of the patient.
What are the responsibilities of a medical facility when accepting individuals for examination and treatment?
A medical facility must accept and conduct examinations and treatments for individuals as it would for other patients. They also need to closely coordinate with temporary detention centers to manage and care for patients.
What are the living conditions of individuals undergoing examination and treatment at a medical facility?
The living conditions of individuals undergoing examination and treatment during their stay at a medical facility are equivalent to those at the medical units of temporary detention centers.
What should be done if a person under temporary detention dies at a medical facility?
A medical facility must follow the prescribed procedures and coordinate with the temporary detention center to resolve related issues.
Which ministry is responsible for directing the implementation of this Circular?
The Ministry of Public Security, the Ministry of National Defense, and the Ministry of Health are responsible for directing the implementation of this Joint Circular.
Toàn văn
JOINT CIRCULAR
Guidelines on medical examination and treatment for persons under temporary detention, pretrial detention, convicts, probationers at compulsory educational facilities, and students at rehabilitation schools managed by the Ministry of Public Security and the Ministry of National Defense at state medical examination and treatment facilities
compulsory educational facility inmates, students of rehabilitation schools under the Ministry of Public Security,
pursuant to the Law on Criminal Procedure 2010;specialized agency under the People's Committee of the province/city.
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CamendBased on Decree No. 02/2014/NĐ-CP dated January 10, 2014 on the application and implementation of measures for handling and placing individuals in rehabilitation schools and compulsory educational facilities; June 2024;criminal code of 2010;
Decree No. 4/2014/NĐ-CP dated April 17, 2014 on the tasks, powers, and organizational structure of the Ministry of Public Security;Deputy ministers of ministerial-level agencies,a Ch"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation." July 25, 2017 Government Decree on the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;policies scope of application, enforcement of measures to handleintention - Provincial and centrally-administered city Traffic Police Departments under the Public Security Departments;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Decree No. 35/2013/NĐ-CP dated April 22, 2013 on the tasks, powers, and organizational structure of the Ministry of National Defense;June 2024;excess rockDecree No. 63/2012/NĐ-CP dated August 31, 2012 on the Government's regulations on functions, tasks, powers, and organizational structure of the Ministry of National Defense;June 2024;compulsory educational facilities;
WHEREAS,ứ Decree nNo. 106/201To implement uniformly the provisions regarding medical examination and treatment at state medical examination and treatment facilities for persons under temporary detention, pretrial detention, convicts, probationers at compulsory educational facilities, and students at rehabilitation schools managed by the Ministry of Public Security and the Ministry of National Defense.y 17 months 11 This Circular jointly issued provides guidelines on medical examination and treatment and management of persons under temporary detention, pretrial detention, convicts, probationers at compulsory educational facilities, and students at rehabilitation schools (hereinafter referred to collectively as the managed subjects) managed by the Ministry of Public Security and the Ministry of National Defense at state medical examination and treatment facilities.Deputy ministers of ministerial-level agencies,a Ch"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."hereinafter referred to as the DecreeDeputy ministers of ministerial-level agencies, at the request of the General Department of Quality Control and the Legal Department of the Ministry of Science and Technology;amendduties, powers, and organizational structure, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP This Circular applies to temporary detention centers, pretrial detention centers, prisons, compulsory educational facilities, and rehabilitation schools managed by the Ministry of Public Security and the Ministry of National Defense; state medical examination and treatment facilities from the district level to the central level and equivalent.ngenergy a4. Reserve officer trainees undergoing training for three months or more without participating in social insurance or health insurance; defense workers and civil servants serving in the military when seeking medical examination and treatment.
Camendn cứ Decree No. 35/2013/NĐ-CP datedy 1. Implement the humanitarian policy of the State in medical examination and treatment and ensure food, accommodation, living conditions, and treatment for persons under temporary detention, pretrial detention, convicts, probationers at compulsory educational facilities, and students at rehabilitation schools according to the guidelines of this Circular and other relevant laws.1At the proposal of the Director of the Department of Labor Relations and Wages of the Ministry of Labor - Invalids and Social Affairs,"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation.""4. As of March 31, 2021, credit card issuers that issue cards with BINs issued by the State Bank of Vietnam must comply with the Domestic Chip Card Standard."on2. Applicability.to đ) Circular No. 04/2017/TT-BKHĐT dated November 15, 2017 of the Minister of Planning and Investment detailing the selection of contractors through the National Procurement Network System.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsu t, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP organizationsDeputy ministers of ministerial-level agencies,People's Armed Forces Ministry|||;
Pursuant to DecreeNo. 2. Ensure management requirements, custody of persons under temporary detention, pretrial detention, convicts, probationers at compulsory educational facilities, and students at rehabilitation schools and coordination relations between medical examination and treatment facilities and temporary detention centers, pretrial detention centers, prisons, compulsory educational facilities, and rehabilitation schools in medical examination and treatment work for these subjects.y 31 daysJune 2024;The funding for medical examination and treatment for persons under temporary detention, pretrial detention, convicts, probationers at compulsory educational facilities, and students at rehabilitation schools shall be guaranteed from the state budget in the annual financial plan of the Ministry of Public Security and the Ministry of National Defense.Deputy ministers of ministerial-level agencies,a Ch"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."stipulate functions, duties, Sports.onThe Director of the Office, Heads of Payment Department, Heads of units under the State Bank of Vietnam; credit institutions, foreign bank branches, payment switching organizations, electronic transaction settlement organizations are responsible for implementing this Circular.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsu t, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP organizationsDeputy ministers of ministerial-level agencies,Based on Decision No. 32/2010/QĐ-TTg dated March 25, 2010 of the Prime Minister approving the Project on developing the social work profession for the periodpolicies;
MEDICAL EXAMINATION AND TREATMENT AT STATE MEDICAL EXAMINATION AND TREATMENT FACILITIES FOR PERSONS UNDER TEMPORARY DETENTION, PRETRIAL DETENTION, CONVICTS, PROBATIONERS AT COMPULSORY EDUCATIONAL FACILITIES, AND STUDENTS AT REHABILITATION SCHOOLS implement unified managementof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsArticle 5. Responsibilities of temporary detention centers, pretrial detention centers, prisons, compulsory educational facilities, and rehabilitation schools12. Leather shoes1. Temporary detention centers, pretrial detention centers, prisons, compulsory educational facilities, and rehabilitation schools are responsible for transferring managed subjects requiring medical examination and treatment beyond the professional capacity of their own infirmaries or health departments (hereinafter referred to as unit health departments) to medical examination and treatment facilities at the district level or the nearest state medical examination and treatment facility.No.with persons under detention, compulsory educational facility inmates,period2. Temporary detention centers, pretrial detention centers, prisons, compulsory educational facilities, and rehabilitation schools are responsible for arranging means of transportation, escorting officers, managing officers, and medical staff to transfer managed subjects requiring medical examination and treatment to medical examination and treatment facilities or when transferring to another medical examination and treatment facility.âinstitutions, compulsory educational facilityin giJune 2024;3. Temporary detention centers, pretrial detention centers, prisons, compulsory educational facilities, and rehabilitation schools are responsible for providing hospital transfer papers, summaries of treatment processes at unit health departments, and implementing procedures and formalities for transferring managed subjects requiring medical examination and treatment according to the regulations of the Ministry of Health; simultaneously, they must inform the relatives or lawful representatives of the managed subjects requiring medical examination and treatment so that they can cooperate in care and treatment. Relatives or lawful representatives of managed subjects requiring medical examination and treatment may voluntarily support supplementary nutrition and medication prescribed by doctors for patients and coordinate with temporary detention centers, pretrial detention centers, prisons, compulsory educational facilities, and rehabilitation schools managing such subjects for cooperation in care and management. In cases where persons under temporary detention or pretrial detention are in the investigation, prosecution, or trial stage, such exchanges and cooperation must be agreed upon in writing by the head of the agency handling the case.ắschools under giJune 2024;|||assets, tools4. Temporary detention centers, pretrial detention centers, prisons, compulsory educational facilities, and rehabilitation schools are responsible for managing, supervising, and protecting managed subjects requiring medical examination and treatment; coordinating with medical examination and treatment facilities to implement medical examination and treatment procedures in accordance with the law.inMinistry of Public Security, Ministry of National DefenseinPeople's Armed Forces MinistryNo.Ministry of National DefenseinMinistry of Health standards hướn dFUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDSArticle 1. Amending and supplementing some articles of Circular No. 54/2013/TT-BGTVT dated December 16, 2013 of the Minister of Transport on officers inspecting seagoing vessels
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular jointly issued provides guidance on medical examination, treatment, and management of persons under temporary detention, pretrial detention, imprisonment, compulsory educational facility inmates, and students of rehabilitation schools (collectively referred to as managed subjects) under the management of the Ministry of Public Security and the Ministry of National Defense at state medical facilities.
Article 2. Applicability
This Circular applies to temporary detention centers, pretrial detention centers, prisons, compulsory educational facilities, rehabilitation schools under the management of the Ministry of Public Security and the Ministry of National Defense; state medical facilities from district level to central level and equivalent.
Article 3. Principles of Implementation
1. Implement the humanitarian policy of the State in medical examinations, treatments, and ensuring food, accommodation, living conditions, and treatment for persons under temporary detention, pretrial detention, imprisonment, compulsory educational facility inmates, and students of rehabilitation schools according to this Circular and other relevant laws.
2. Ensure management requirements for persons under temporary detention, pretrial detention, imprisonment, compulsory educational facility inmates, and students of rehabilitation schools and coordination relations between medical facilities and temporary detention centers, pretrial detention centers, prisons, compulsory educational facilities, rehabilitation schools in medical work for these subjects.
Article 4. Funding Assurance
The funds for medical examinations and treatments for persons under temporary detention, pretrial detention, imprisonment, compulsory educational facility inmates, and students of rehabilitation schools shall be guaranteed from the State budget within the annual financial plan of the Ministry of Public Security and the Ministry of National Defense.
Chapter II
MEDICAL EXAMINATION AND TREATMENT AT MEDICAL FACILITIES FOR PERSONS UNDER TEMPORARY DETENTION, PRETRIAL DETENTION, IMPRISONMENT, COMPULSORY EDUCATIONAL FACILITY INMATES, AND STUDENTS OF REHABILITATION SCHOOLS
Article 5. Responsibilities of temporary detention centers, pretrial detention centers, prisons, compulsory educational facilities, rehabilitation schools
1. Temporary detention centers, pretrial detention centers, prisons, compulsory educational facilities, rehabilitation schools are responsible for transferring managed subjects requiring medical examination and treatment beyond the professional capacity of their own infirmaries or health units (hereinafter referred to as unit health) to medical examination and treatment at district-level medical facilities or the nearest state medical facilities.
2. Temporary detention centers, pretrial detention centers, prisons, compulsory educational facilities, rehabilitation schools are responsible for arranging transportation means, escorting officers, managing officers, and health officers to transfer managed subjects for medical examination and treatment to medical facilities or when transferring to another medical facility.
3. Temporary detention centers, pretrial detention centers, prisons, compulsory educational facilities, rehabilitation schools are responsible for providing hospital transfer papers, summaries of treatment at unit health, and implementing procedures and formalities for transferring managed subjects for medical examination and treatment as prescribed by the Ministry of Health; simultaneously, they must inform the relatives or lawful representatives of the managed subjects so that they can cooperate in care and treatment. Relatives or lawful representatives of managed subjects undergoing medical examination and treatment may voluntarily support nutritional supplements and medication as prescribed by doctors for patients and coordinate and cooperate with temporary detention centers, pretrial detention centers, prisons, compulsory educational facilities, rehabilitation schools with managed subjects undergoing medical examination and treatment for care and management. In cases where persons under temporary detention or pretrial detention are in the investigation, prosecution, or trial stage, such coordination and cooperation must be agreed upon in writing by the head of the agency handling the case.
4. Temporary detention centers, pretrial detention centers, prisons, compulsory educational facilities, rehabilitation schools are responsible for managing, supervising, and protecting managed subjects undergoing medical examination and treatment; coordinating with medical facilities to implement medical examination and treatment procedures as prescribed by law.
Article 6. Responsibilities of medical examination and treatment facilities
1. Medical examination and treatment facilities shall be responsible for receiving and conducting medical examinations and treatments for managed subjects who are entitled to such services, on par with other patients. These facilities shall cooperate and facilitate conditions for temporary detention centers, pretrial detention centers, prisons, compulsory educational institutions, and rehabilitation schools to manage and closely monitor these subjects. In cases where the medical examination and treatment facility exceeds its professional capacity to treat, it must promptly notify and coordinate with temporary detention centers, pretrial detention centers, prisons, compulsory educational institutions, and rehabilitation schools to transfer the patient to a higher-level medical examination and treatment facility for treatment. If a managed subject undergoing medical examination and treatment suffers from a serious illness with unusual progression and poor prognosis, the medical examination and treatment facility shall inform the temporary detention center, pretrial detention center, prison, compulsory educational institution, and rehabilitation school, and coordinate to resolve the situation.
2. In emergency situations, if temporary detention centers, pretrial detention centers, prisons, compulsory educational institutions, and rehabilitation schools lack specialized transportation means, medical examination and treatment facilities shall provide such means to transport the patient to a higher-level facility for treatment.
In cases where a managed subject undergoing emergency treatment requires surgery or surgical intervention but cannot obtain consent from the managed subject or their representative, or if the temporary detention center, pretrial detention center, prison, compulsory educational institution, or rehabilitation school has notified but the relatives or legal representatives have not arrived to sign the surgical consent form, the head of the medical examination and treatment facility shall act in accordance with Clause 3 of Article 61 of the Law on Medical Examination and Treatment.
3. Information related to the health condition of managed subjects undergoing medical examination and treatment shall be exchanged and agreed upon with the managing authority of the subjects.
4. When a managed subject undergoing medical examination and treatment completes their examination or stable treatment and is returned to the temporary detention center, pretrial detention center, prison, compulsory educational institution, or rehabilitation school, the medical examination and treatment facility shall process the discharge procedures for the patient in accordance with Clause 7 of Article 58 of the Law on Medical Examination and Treatment. In cases where judicial authorities, managing authorities of the subjects undergoing medical examination and treatment, and other relevant agencies require borrowing medical records at the facility for reading, copying medical records, and conclusions on health status to serve operational tasks or legal issues, this shall be carried out in accordance with Clauses 4 and 5 of Article 59 of the Law on Medical Examination and Treatment.
Article 7. Inpatient Treatment Rooms at Medical Examination and Treatment Facilities
1. Medical examination and treatment facilities shall be responsible for arranging separate inpatient treatment rooms for managed subjects who need inpatient treatment and accommodation for police officers and soldiers on duty, management, and security personnel, in accordance with the conditions of the medical examination and treatment facility and the requirements of the police and military forces for managing the subjects.
2. Based on actual conditions, medical examination and treatment facilities shall cooperate with temporary detention centers, pretrial detention centers, prisons, compulsory educational institutions, and rehabilitation schools in the area to build and jointly use a separate treatment area for managed subjects undergoing medical examination and treatment within the medical examination and treatment facility.
3. The costs for constructing, renovating, repairing, installing equipment, maintaining treatment activities, and managing the separate treatment area or some individual rooms for managed subjects undergoing medical examination and treatment at the medical examination and treatment facility shall be borne by the temporary detention centers, pretrial detention centers, prisons, compulsory educational institutions, and rehabilitation schools.
Article 8. Diet, clothing, accommodation, and daily life for individuals receiving medical examination and treatment at state medical examination and treatment facilities
1. The diet, accommodation, and daily life regime for individuals under management who are receiving medical examination and treatment during their treatment period at medical examination and treatment facilities shall be applied as if they were being treated at infirmaries, health units of temporary detention centers, pretrial detention centers, prisons, compulsory educational facilities, and rehabilitation schools. In cases where individuals must follow a special diet due to their medical condition or upon the doctor's prescription, the medical examination and treatment facility must notify the managing authority of the individual receiving medical examination and treatment to coordinate implementation. The costs for diet, accommodation, and daily life shall be borne by the temporary detention center, pretrial detention center, prison, compulsory educational facility, or rehabilitation school, along with support from the family of the individual receiving medical examination and treatment or from other legitimate sources of funding.
2. The clothing regime for individuals receiving medical examination and treatment who are hospitalized shall be implemented according to the regulations of the medical examination and treatment facility.
Article 9. Handling cases where individuals receiving medical examination and treatment die at medical examination and treatment facilities
When individuals receiving medical examination and treatment at medical examination and treatment facilities die, the medical examination and treatment facility shall handle the procedures as stipulated in Article 65 of the Medical Examination and Treatment Law and coordinate with the temporary detention center, pretrial detention center, prison, compulsory educational facility, or rehabilitation school that has individuals receiving medical examination and treatment who have died to resolve the matter in accordance with the law.
Article 10. Coordination relationships
1. Leaders of medical examination and treatment facilities and leaders of temporary detention centers, pretrial detention centers, prisons, compulsory educational facilities, and rehabilitation schools with individuals receiving medical examination and treatment at hospitals must regularly exchange or organize meetings every six months to implement this Circular and other relevant legal normative documents.
2. Health staff of temporary detention centers, pretrial detention centers, prisons, educational institutions, and rehabilitation schools must regularly contact departments directly treating individuals receiving medical examination and treatment to monitor the progression of their medical conditions and provide assistance when requested.
Chapter III
IMPLEMENTING PROVISIONS
Article 11. Effective Date
1. This Circular takes effect from December 15, 2015.
2. Circular Jointly Issued No. 04/2010/TTLT-BCA-BYT dated August 9, 2010, by the Ministry of Public Security and the Ministry of Health guiding the provision of medical examination and treatment for individuals under temporary detention, pretrial detention, prisoners, inmates, and students at state hospitals shall cease to be effective from the date this Circular Jointly Issued takes effect.
Article 12. Responsibility for Implementation
1. The Minister of Public Security and the Minister of National Defense are responsible for directing the guidance and inspection of temporary detention centers, pretrial detention centers, prisons, compulsory educational facilities, and rehabilitation schools within their respective Ministries to organize the implementation of this Circular Jointly Issued.
2. The Minister of Health is responsible for directing hospitals, Provincial Health Departments, and state medical examination and treatment facilities to cooperate with temporary detention centers, pretrial detention centers, prisons, compulsory educational facilities, and rehabilitation schools to properly carry out medical examination and treatment services for individuals under temporary detention, pretrial detention, prisoners, inmates, and students at compulsory educational facilities and rehabilitation schools who are ill.
3. The Director of temporary detention centers, Warden of pretrial detention centers and prisons, Director of compulsory educational facilities, and Principal of rehabilitation schools are responsible for organizing the implementation of this Circular Jointly Issued.
During the process of implementation, if there are any difficulties, units and localities shall report them to the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Health for consideration and coordination to resolve them./.
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DEPUTY MINISTER MINISTRY OF HEALTH DEPUTY MINISTER (Signed) Nguyễn Thị Xuyên |
DEPUTY MINISTER MINISTRY OF NATIONAL DEFENSE DEPUTY MINISTER (Signed) Deputy Chief of General Staff Nguyen Thanh Cung |
DEPUTY MINISTER MINISTRY OF PUBLIC SECURITY DEPUTY MINISTER (Signed) Deputy Chief of General Staff Le Quy Vuong |
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