Circular No. 103/2016/TT-BQP on medical examination and treatment for humanitarian purposes at medical facilities under the Ministry of National Defense

 

CIRCULAR

Article 24regulating on kJune 2024;indness medical examination, treatmentNo.towards medical examination and treatment facilities

under the Ministry of National Defense

Pursuant toLaw on Medical Examination and Treatment No. 40/2009/QH12 dated November 23, 2009;

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Considering the proposal of the Director of the Military Health Service Department,

The Minister of National Defense issues this Circular to regulate the medical examination and treatment for humanitarian purposes for medical examination and treatment facilities under the Ministry of National Defense as follows:

PART I
GENERAL ISSUES

Article 1. Scope of Regulation

1. This Circular regulates the form, conditions, procedures, formalities, and authority to permit medical examination and treatment facilities (hereinafter referred to as KBCB) and military-civilian medical examination and treatment facilities under the management authority of the Ministry of National Defense (hereinafter collectively referred to as medical examination and treatment facilities under the Ministry of National Defense) to carry out humanitarian medical examinations and treatments (hereinafter referred to as KBCBNĐ).

2. In cases where international treaties on KBCBNĐ to which the Socialist Republic of Vietnam is a party provide different provisions, such treaties shall be followed.

Article 2. Applicability

1. This Circular applies to medical practitioners, medical examination and treatment facilities, and domestic and foreign agencies, units, organizations, and individuals related to KBCBNĐ within the Ministry of National Defense.

2. This Circular does not apply to medical examinations and treatments during wartime or emergency situations as provided for by law.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Humanitarian medical examination and treatment is the activity of providing free medical examinations and treatments and distributing medicines without charge to patients.

2. Humanitarian medical examination and treatment team is a team organized or jointly organized and coordinated by medical examination and treatment facilities under the Ministry of National Defense with domestic and foreign organizations and individuals to carry out KBCBNĐ activities.

Article 4. Conditions and forms of organization for humanitarian medical examinations and treatments in the Ministry of National Defense

1. Medical examination and treatment facilities under the Ministry of National Defense participating in KBCBNĐ must meet the following conditions:

a) Must have been granted a medical practice license (hereinafter referred to as GPHĐ) by the Minister of National Defense;

b) Must satisfy all conditions stipulated in Articles 5, 6, 7, and 8 of this Circular.

2. Forms of organizing KBCBNĐ:

a) KBCBNĐ teams at medical examination and treatment facilities under the Ministry of National Defense, organized by the facility itself or jointly with domestic and foreign organizations and individuals to carry out KBCBNĐ (hereinafter referred to as KBCBNĐ teams at medical examination and treatment facilities);

b) Mobile KBCBNĐ teams organized by medical examination and treatment facilities under the Ministry of National Defense themselves or jointly with domestic and foreign organizations and individuals to carry out KBCBNĐ (hereinafter referred to as mobile KBCBNĐ teams).

Chapter II
CONDITIONS; PROCEDURES; AUTHORITY TO PERMIT HUMANITARIAN MEDICAL EXAMINATIONS AND TREATMENTS

Article 5. Conditions for domestic and foreign organizations and individuals (including interpreters when interpreters are used) cooperating with medical examination and treatment facilities under the Ministry of National Defense to carry out humanitarian medical examinations and treatments

1. Activities of KBCBNĐ must comply with the Constitution and laws of the Socialist Republic of Vietnam and international treaties to which Vietnam is a party.

2. Only participate in medical examinations and treatments for humanitarian purposes; no promotion or advertising in any form or engaging in any activities outside the scope of permitted professional KBCBNĐ activities.

3. Legal financial sources for medical examinations and treatments according to regulations of the Government of the Socialist Republic of Vietnam and international treaties to which Vietnam is a party.

4. Personnel participating are not restricted by political regulations and other related provisions as stipulated by the laws of the Socialist Republic of Vietnam.

5. The person responsible for technical expertise must meet one of the following conditions:

a) A physician holding a medical practice certificate (hereinafter referred to as CCHN) issued by the Ministry of Health or the Ministry of National Defense in accordance with the law on medical examinations and treatments, or having a CCHN recognized by the Vietnamese Government in accordance with Article 22 of the Law on Medical Examinations and Treatments;

b) A traditional doctor or a person with a family prescription or a person with a family healing method holding a CCHN issued by the Ministry of Health or the Ministry of National Defense in accordance with the law on medical examinations and treatments, or having a CCHN recognized by the Vietnamese Government in accordance with Article 22 of the Law on Medical Examinations and Treatments if practicing traditional medicine.

6. Other direct participants in medical examinations and treatments must hold a CCHN. In cases where they are foreigners or Vietnamese residing abroad, they must hold a CCHN issued by the Ministry of Health or a CCHN recognized by the Vietnamese Government in accordance with Article 22 of the Law on Medical Examinations and Treatments.

7. Foreigners or Vietnamese residing abroad directly providing medical examinations and treatments to Vietnamese citizens must be proficient in Vietnamese; in cases where they are not proficient in Vietnamese, they must register the language used and have an interpreter in accordance with Article 23 of the Law on Medical Examinations and Treatments.

8. With the consent of the competent authority as stipulated in Article 8 of this Circular.

Article 6. Conditions for Medical Examination and Treatment Teams for Humanitarian Purposes

1. Physical conditions:

a) For Medical Examination and Treatment Teams for Humanitarian Purposes at medical facilities under the Ministry of National Defense, such facilities must have a Medical Practice License.

b) For Mobile Medical Examination and Treatment Teams for Humanitarian Purposes, the location organizing the implementation of activities must meet the following conditions:

- There must be reception areas, specialized examination rooms, emergency rooms, patient holding rooms; in cases where minor surgeries are performed, there must be minor surgery rooms.

- They must comply with current laws' requirements on infection control, radiation safety, medical waste management, and fire prevention and firefighting.

- Adequate electricity, water, and other necessary conditions to support Medical Examination and Treatment for Humanitarian Purposes must be ensured.

2. Personnel conditions:

a) The person responsible for the technical and professional management of the Medical Examination and Treatment Team for Humanitarian Purposes must meet one of the following conditions:

- Be a doctor with a Medical Practice Certificate issued by the Ministry of Health or the Ministry of National Defense according to the law on Medical Examination and Treatment, with the scope of professional activities recorded in the Medical Practice Certificate matching the registered technical specialties, and having practiced Medical Examination and Treatment for at least 36 months from the date of issuance of the Medical Practice Certificate or confirmed by the head of the Medical Facility to have directly engaged in professional technical work for at least 36 months.

- Be a traditional medicine practitioner or a person with a family prescription or a family treatment method with a Medical Practice Certificate issued by the Ministry of Health or the Ministry of National Defense according to the law on Medical Examination and Treatment if performing Medical Examination and Treatment for Humanitarian Purposes using traditional medicine.

b) Other members of the team directly participating in Medical Examination and Treatment must have a Medical Practice Certificate. In cases where direct participants in Medical Examination and Treatment do not need a Medical Practice Certificate according to the law on Medical Examination and Treatment, they must have appropriate academic degrees or certificates corresponding to their assigned professional fields.

c) If there is dispensing of medication, the dispenser must hold a minimum qualification of a pharmacy assistant or a doctor or medical officer with a Medical Practice Certificate.

d) Individuals belonging to domestic or foreign organizations participating in Medical Examination and Treatment Teams for Humanitarian Purposes, in addition to the provisions in Points a, b, and c of this Clause, must fully satisfy the conditions stipulated in Article 5 of this Circular.

3. Conditions for Medical Equipment and Medicines:

a) Must have sufficient medical equipment, anti-shock kits, emergency medicines, and treatment medicines suitable for the registered scope of professional activities.

b) Medical equipment must have clear origins and medicines used for Medical Examination and Treatment for Humanitarian Purposes must be included in the list of permitted circulation in Vietnam and still within their expiration dates.

4. Scope of Technical Activities:

a) Strictly adhere to regulations on professional and technical standards and the scope of professional activities approved by the Ministry of Health or the Ministry of National Defense.

b) In cases where surgery is performed at mobile medical facilities such as aircraft, ships, trains, cars, or other mobile specialized vehicles, a professional support contract with local medical facilities (military or civilian) must be established to ensure the health and safety of patients.

5. When Medical Examination and Treatment Teams for Humanitarian Purposes conduct Medical Examination and Treatment at medical facilities, they must obtain written consent from such facilities.

6. When Medical Examination and Treatment Teams for Humanitarian Purposes conduct Medical Examination and Treatment at locations outside medical facilities, they must obtain written consent from the People's Committee of the commune, ward, town, or the head of the location where the Medical Examination and Treatment for Humanitarian Purposes is carried out.

7. Provide documentation proving a stable financial source to ensure the operation of Medical Examination and Treatment for Humanitarian Purposes.

Article 7. Procedures for granting permission to conduct humanitarian medical examinations and treatments

1. Documents for requesting permission to conduct humanitarian medical examinations and treatments:

a) A request form for permission to conduct humanitarian medical examinations and treatments according to Model 1 attached as an appendix to this Circular;

b) Judicial records or criminal history (for domestic and foreign organizations and individuals);

c) Documentation assigning and appointing persons responsible for technical and professional matters for the humanitarian medical examination and treatment team;

d) A list of members participating in the humanitarian medical examination and treatment team according to Model 2 attached as an appendix to this Circular;

đ) Certified true copies of professional qualifications of members participating in the humanitarian medical examination and treatment team;

e) Certified true copies of professional certificates of those directly involved in medical examinations and treatments but not required to have professional qualifications under laws on medical examinations and treatments;

g) A plan for conducting humanitarian medical examinations and treatments according to Model 3 attached as an appendix to this Circular;

h) An agreement document from the medical examination and treatment facility for the humanitarian medical examination and treatment team at such facilities or from the People's Committee of communes, wards, towns, or heads of locations where the mobile humanitarian medical examination and treatment teams are expected to operate;

i) Documentation proving stable financial sources to ensure the operation of humanitarian medical examinations and treatments.

"2. Implementation procedures:"

a) For medical examination and treatment facilities directly subordinate to the Ministry of National Defense and medical examination and treatment facilities under primary units directly subordinate to the Ministry of National Defense without military medical departments: The medical examination and treatment facility shall directly submit or send via postal service one set of documents as prescribed in Clause 1 of this Article to the Military Health Department;

b) For medical examination and treatment facilities under primary units directly subordinate to the Ministry of National Defense: The medical examination and treatment facility shall directly submit or send via postal service one set of documents as prescribed in Clause 1 of this Article to the Medical Department of the primary unit directly subordinate to the Ministry of National Defense, except in cases stipulated in Point a of this Clause;

c) Within two working days from the date of receiving complete and valid documents, the Military Health Department (Medical Department) must issue a document seeking comments (along with the application documents of the medical examination and treatment facility) from the following agencies:

- Financial Department;

- The Military Security Protection Bureau (if the medical examination and treatment facility is an agency or unit of significant importance or confidentiality; and the cooperating organization or individual is foreign) and the Foreign Affairs Bureau (if the cooperating organization or individual is foreign);

- The Operations Bureau (if the medical examination and treatment facility is an agency or unit of significant importance or confidentiality, ready for combat);

d) Within five working days from the date of receiving the document requesting comments and accompanying documents (for foreign organizations and individuals currently operating in Vietnam), the Financial Department, the Military Security Protection Bureau, the Foreign Affairs Bureau, and the Operations Bureau must issue a review document sent back to the Military Health Department (Medical Department); in urgent cases, communication can be made through military telephone, followed by written documentation;

đ) In case the application documents are incomplete within five working days from the date of receipt, the agencies receiving the documents must issue a notification document to the medical examination and treatment facilities, specifying the necessary amendments and supplements;

e) Within three working days from the date of receiving the review documents from the agencies, the Military Health Department (Medical Department) must issue a document requesting the head of the Ministry of National Defense (head of the primary unit directly subordinate to the Ministry of National Defense) to issue a notification document to the medical examination and treatment facilities under their authority regarding whether they are granted or denied permission to conduct humanitarian medical examinations and treatments;

4. In cases where humanitarian medical examinations and treatments are conducted based on assigned tasks by competent authorities, medical examination and treatment facilities shall submit documents as prescribed in Points b, c, d, đ, e, g, and Point h of Clause 1 of this Article along with a certified copy of the task assignment document from the competent authority to the Military Health Department (Medical Department) before implementing humanitarian medical examinations and treatments.

Article 8. Authority to permit humanitarian medical examination and treatment

1. The Minister of National Defense shall grant permission for humanitarian medical examination and treatment for medical establishments under the Ministry of National Defense and medical establishments under primary-level units under the Ministry of National Defense but without military health offices.

2. Heads of primary-level units under the Ministry of National Defense shall grant permission for humanitarian medical examination and treatment for medical establishments under their management authority, except in cases stipulated in Clause 1 of this Article.

Chapter III
RESPONSIBILITIES OF AUTHORITIES, UNITS, MEDICAL ESTABLISHMENTS AND ORGANIZATIONS, INDIVIDUALS

Article 9. Responsibilities of authorities and units

1. The Military Health Department/MoND shall be responsible for advising and proposing to assist the Minister of National Defense in managing, directing, and taking the lead in coordinating with relevant functional agencies to guide and inspect the implementation of humanitarian medical examination and treatment throughout the entire military.

2. The Finance Department/MoND; the Foreign Affairs Department/MoND; the Operations Department/General Staff; the Military Security Protection Department/Political General Department shall be responsible for coordinating to guide and inspect the implementation of humanitarian medical examination and treatment within the Ministry of National Defense according to their assigned functions and tasks.

3. Medical Departments of primary-level units under the Ministry of National Defense shall be responsible for advising and proposing to assist the heads of their units in managing, directing, and taking the lead in coordinating with relevant functional agencies to guide and inspect the implementation of humanitarian medical examination and treatment within their jurisdiction.

Article 10. Responsibilities of medical establishments

1. Only carry out humanitarian medical examination and treatment when permitted by the competent authority.

2. When the competent authority grants permission for humanitarian medical examination and treatment, the medical establishment must issue a notification in writing to the Provincial Health Department (or Municipal Health Department directly under the Central Government) where the humanitarian medical examination and treatment will be organized before implementing it.

3. Manage, use, settle accounts for medicines, equipment, tools, and consumable medical supplies serving humanitarian medical examination and treatment in accordance with current laws or at the request of domestic and foreign organizations and individuals providing financial support, but not contrary to Vietnamese laws. Upon completion of humanitarian medical examination and treatment, all types of medicines, equipment, tools, and medical supplies must be handed over to local authorities or relevant agencies with a record of handover in accordance with Model 5 attached to this Circular.

4. Within ten working days from the end of humanitarian medical examination and treatment, medical establishments must submit reports on the results of implementation in accordance with Models 4 and 5 attached to this Circular to the Military Health Department (Medical Departments) for consolidation and reporting to the head of the Ministry of National Defense (head of primary-level units under the Ministry of National Defense).

Article 11. Responsibilities of domestic and foreign organizations and individuals cooperating in humanitarian medical examination and treatment

1. Comply with the regulations of the Ministry of National Defense when cooperating in humanitarian medical examination and treatment with medical establishments under the Ministry of National Defense.

2. Provide complete documentation and create favorable conditions for relevant functional agencies of the Ministry of National Defense during the process of reviewing documentation and inspecting the implementation of humanitarian medical examination and treatment.

Chapter IV
IMPLEMENTING PROVISIONS

Article 12. Effective Date

This Circular takes effect from August 20, 2016.

Article 13. Responsibility for Implementation

The Chief of General Staff, the Director of the Political General Department, the Commanders of relevant agencies, units, organizations, and individuals are responsible for enforcing this Circular.

During the implementation, if there are any difficulties, please promptly report to the Ministry of National Defense (through the Military Health Department) for research and resolution.

 

ANNEX

MODEL OF APPLICATION FOR PERMISSION AND REPORT ON RESULTS OF HUMANITARIAN MEDICAL EXAMINATION AND TREATMENT
(Issued together with Circular No. 103/2016/TT-BQP dated June 30, 2016 of the Minister of National Defense)

 

Model 1. Application for Permission to Conduct Humanitarian Medical Examination and Treatment

 

PETITION FOR APPLICATION

Permission for Humanitarian Medical Examination and Treatment

Medical Establishment: …

Address: …

Medical Practice Permit number: …Date of Issue: …Issuing Authority:…

Telephone: …Fax: …Email: …

Organizations and Individuals Participating in Cooperation:

- Name (organization); Full name (individual): …

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- Date of Establishment (organization); Date of Birth (individual):…

- Main Office Address (organization); Current Residence (individual)(2): …

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- Registration Certificate (organization); ID Card/Passport (individual) number: …Date of Issue: …Issuing Authority: …

Telephone: …Fax: …Email: …

- Professional Qualification Certificate (individual) number: …Date of Issue: …Issuing Authority: …

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hereby submit along with this application the following documents:

1. Certified copy of the medical practice permit of the medical establishment;

2. Certified copy of the professional qualification certificate of the individual; certified copies of academic degrees or certificates of specialized training for individuals who are not required to have a professional qualification certificate for medical examination and treatment according to the law, participating in humanitarian medical examination and treatment;

3. Legal documents of the organization or personal history of domestic and foreign individuals participating in cooperation;

4. Plan for organizing humanitarian medical examination and treatment;

5. List of participants in humanitarian medical examination and treatment;

6. Written consent of the medical establishment or the People's Committee of the commune, ward, town, or the head of the location where the humanitarian medical examination and treatment is expected to be organized;

7. Documentation proving stable financial sources for the planned humanitarian medical examination and treatment activities.

We respectfully request the head of the Ministry of National Defense (head of primary-level units under the Ministry of National Defense) to consider and approve (3) …to organize a humanitarian medical examination and treatment team./.

 

 

Model 2. List of Participants in Humanitarian Medical Examination and Treatment

 

LIST OF PARTICIPANTS
IN HUMANITARIAN MEDICAL EXAMINATION AND TREATMENT

 

 

Model 3. Plan for Humanitarian Medical Examination and Treatment

 

PLAN FOR HUMANITARIAN MEDICAL EXAMINATION AND TREATMENT

Part I. General Information
1. Location for conducting charitable medical examinations and treatments ⁽⁸⁾......................................

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2. Time period from day..... month.... year.... to day.... month.... year...

- Estimated number of patients to be examined and treated charitably: ....;

Among them: ....persons belonging to policy beneficiaries (war invalids, families of revolutionary martyrs, those who have rendered meritorious service, pre-revolutionary cadres, mothers of Vietnam's Heroic Generation...);

....poor persons; persons with difficult circumstances, particularly difficult circumstances, congenital disabilities, disabled persons, victims of Agent Orange/Dioxin...

....other categories (for scientific research, humanitarian support...)

3. Total estimated financial support for the charitable medical examination and treatment session: ....

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4. Source of funds (9): ....

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Part II. Scope of Professional Technical Activities
1. Scope of professional activities...

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2. List of techniques:

Part III. List of Medicines and Medical Equipment
1. List of medicines:

2. List of equipment:

 

 

Form 4. Report on the Results of Charitable Medical Examinations and Treatments

 

REPORT ON RESULTS
IN HUMANITARIAN MEDICAL EXAMINATION AND TREATMENT

Part I. General Information
1. Location for conducting charitable medical examinations and treatments (12)...

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2. Time period from day..... month..... year..... to day..... month.... year...

3. Total estimated financial support for the charitable medical examination and treatment session: ....

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4. Source of funds (13): ....

Part II. Implementation Organization
1. Total number of practitioners conducting medical examinations and treatments or certificates of practice recognized by the Government of Vietnam (specifically recorded according to each category of practitioners: doctors, nurses, technicians, medical assistants, pharmacists, pharmacy assistants, equipment engineers...)

Part II. List of Medicines and Medical Equipment Used
1. List of medicines used:

2. List of equipment used:

Part III. Results of Charitable Medical Examinations and Treatments
1. Number of patients receiving charitable medical examinations and treatments:

2. Total number of professional techniques implemented:

3. Any incidents or accidents that occurred (if any):

4. Overall assessment: ....

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5. Recommendations and suggestions: ....

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Form 5. Handover Record for Medicines, Medical Equipment, Instruments, and Medical Supplies

 

HANDOVER RECORD FOR MEDICINES,
MEDICAL EQUIPMENT, INSTRUMENTS, AND MEDICAL SUPPLIES

Part I. General Information
1. Party handing over (16): ....

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2. Party receiving ⁽¹⁶⁾: ...........................................................................................................

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2. Handover time .... hours...day.... month.... year...

Part II. Contents of Handover
1. List of medicines:

2. List of medical equipment, instruments, and medical supplies:

3. Overall evaluation of condition, quality, and other related matters:

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(1) Name of medical examination and treatment facility.

(2) Clearly state address according to registered activity location (organization); permanent or temporary residence registration (individual).

(3) Name of medical examination and treatment facility.

(4) Head of the direct superior unit at battalion level or higher (for medical examination and treatment facilities without seals).

(5) Name of medical examination and treatment facility.

(6) Head of the direct superior unit at battalion level or higher (with medical examination and treatment facilities without seals).

(7) Name of medical examination and treatment facility.

(8) Name of medical examination and treatment facility or charitable medical examination and treatment location.

(9) Clearly state the source of funds of the organization according to the correct financial origin documentation.

(10) Head of the direct superior unit at battalion level or higher (for medical examination and treatment facilities without seals).

(11) Name of medical examination and treatment facility.

(12) Clearly state the name of the medical examination and treatment facility or charitable medical examination and treatment location.

(13) Clearly state the source of funds of the organization according to the correct financial origin documentation.

(14) Head of the direct superior unit at battalion level or higher (for medical examination and treatment facilities without seals).

(15) Name of medical examination and treatment facility.

(16) Name of medical examination and treatment facility or individual (name, position, address) handing over/receiving.

(17) Chairman of the People's Committee or head of the commune health station or person in charge of the location organizing medical examination and treatment activities.