Circular No. 107/2016/TT-BQP on medical examination and treatment for professional military personnel who have served at least 15 years in the Ministry of National Defense and have been discharged.

CIRCULAR

Regulations on medical examination and treatment for professional military personnel who have completed at least 15 years of service in the Ministry of National Defense and have been retired

having served at least 15 years in the Ministry of National Defense and have been retired

Pursuant to the Law on Professional Military Personnel, Workers, and Civil Servants of the National Defense Sector 2015;

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 Political General Department,

The Minister of National Defense promulgates this Circular regulating medical examination and treatment for professional military personnel who have completed at least 15 years of service in the Ministry of National Defense and have been retired.

Article 1. Scope of Regulation

1. This Circular stipulates the medical examination and treatment levels; registration for medical examination and treatment; benefits, exemptions, and reductions in hospital fees; methods of collecting, managing, and using hospital fees; medical records, management, and use of medical records at medical examination and treatment facilities within the Ministry of National Defense; responsibilities of agencies and units in implementing medical examination and treatment for professional military personnel who have completed at least 15 years of service in the Ministry of National Defense and have been retired.

2. Medical examination and treatment facilities within the Ministry of National Defense (hereinafter referred to collectively as military hospitals) for professional military personnel who have completed at least 15 years of service in the Ministry of National Defense and have been retired as stipulated in this Circular are the first-level and second-level medical examination and treatment facilities defined in Article 4 and Article 5 of Circular No. 46/2016/TT-BQP dated April 1, 2016 issued by the Minister of National Defense on the levels of specialized technical medical examination and treatment; registration and transfer of medical examination and treatment levels for subjects under the management of the Ministry of National Defense.

Article 2. Applicability

1. Professional military personnel who have completed at least 15 years of service in the Ministry of National Defense and have been retired (hereinafter referred to collectively as retired military personnel) without health insurance, when suffering from illness or accidents, shall be entitled to medical examination and treatment and exemption or reduction in hospital fees at military hospitals.

2. Retired military personnel who participate in work in units and organizations subject to mandatory health insurance upon returning to their home provinces may choose to undergo medical examination and treatment at military hospitals according to the health insurance scheme if they so wish.

3. Military hospitals and related agencies, units, organizations, and individuals.

Article 3. Levels of medical examination and treatment; registration for medical examination and treatment

1. Levels of medical examination and treatment:

a) The level of medical examination and treatment for retired military personnel is the nearest military hospital where the retired military personnel has registered their permanent residence or stable place of residence, belonging to the medical examination and treatment facilities specified in Clause 2, Article 1 of this Circular.

b) In cases of emergency, retired military personnel may receive medical examination and treatment at the nearest military hospital of the Ministry of National Defense, regardless of the level of medical examination and treatment and region; after emergency treatment, if the condition stabilizes and requires further treatment at a higher level, they will be transferred back to the military hospital according to the prescribed level. Benefits regarding medical examination and treatment and exemptions or reductions in hospital fees shall be implemented in accordance with Clause 1, Article 5 and Article 6 of this Circular.

2. Registration for medical examination and treatment:

a) Retired military personnel returning to their home province shall register with the People's Militia and Reserve Force Board of the district, town, city directly under a province (hereinafter referred to as the People's Militia and Reserve Force Board of the district). On the day of receiving the registration application for medical examination and treatment, the People's Militia and Reserve Force Board of the district shall issue an introduction letter for the retired military personnel to proceed to the military hospital according to the level to complete the initial registration procedures for the medical examination and treatment level;

b) Military hospitals within the level, based on the introduction letter from the People's Militia and Reserve Force Board of the district; retirement decision; and identity card, shall issue a medical record for the retired military personnel;

c) In cases where retired military personnel change military hospitals for medical examination and treatment due to relocation, the registration procedures for medical examination and treatment at the new military hospital shall be carried out based on the introduction letter from the People's Militia and Reserve Force Board of the district (new place of residence) and the medical record from the previous hospital;

d) Retired military personnel falling under the category specified in Clause 2, Article 2 of this Circular who wish to undergo medical examination and treatment at military hospitals according to the level shall register with the local health insurance agency and enjoy the rights of medical examination and treatment as stipulated by the laws on health insurance and fulfill their obligations accordingly.

Article 4. Medical records for examination and treatment of demobilized military personnel at military hospitals

1. The medical examination book issued by the hospital where the examination and treatment registration is made.

2. Identity card.

3. In cases where exemption from hospital fees is requested, the following additional documents must be provided:

a) Certificate of belonging to a particularly difficult situation or residing permanently in communes located in remote, mountainous, border, and island areas, issued by the Labor - Invalids and Social Affairs Office at the district level or equivalent, or proof that during service, they worked for three years or more in places with a regional allowance coefficient of 0.7 or higher, or engaged in work or occupations as stipulated in Point d Clause 1 Article 6 of this Circular;

b) Health record or old discharge certificate to confirm the recurrence of diseases during service.

Article 5. Rights and responsibilities of demobilized military personnel when examining and treating illnesses

1. Rights:

a) Entitled to outpatient and inpatient examinations and treatments;

b) Guaranteed examination, laboratory tests for diagnosis and treatment, medications, blood transfusions, surgeries, and use of hospital beds as for active-duty military personnel with the same rank.

2. Responsibilities:

a) Register for examination and treatment at military hospitals according to the designated level;

b) Present the medical examination and treatment file as prescribed in Article 4 of this Circular. In emergency cases, immediate acceptance is allowed; within seven days from the date of acceptance, the demobilized military personnel must complete all procedures as required by the hospital;

c) Pay hospital fees and medical examination book fees as prescribed;

d) Safeguard and not lend out the medical examination book;

đ) Return the medical examination book to the Military Command Board at the district level when participating in state health insurance as prescribed.

Article 6. Exemption and reduction of hospital fees

1. Demobilized military personnel are exempted from hospital fees if they fall under any of the following circumstances:

a) Having permanent residence registration and residing permanently in communes located in remote, mountainous, border, and island areas as defined by competent state authorities;

b) Being in a particularly difficult situation, certified by local authorities (Labor - Invalids and Social Affairs Office at the district level or equivalent);

c) Suffering from one of the following diseases: malaria, tuberculosis, mental illness, leprosy, rabies requiring vaccination and treatment;

d) Recurrence of old diseases during service (as shown in health records or discharge certificates during service);

đ) During service, working for three years or more in particularly difficult areas as defined by competent state authorities; or working in places with a regional allowance coefficient of 0.7 or higher, or engaging in particularly heavy, hazardous, or dangerous occupations listed by the Ministry of Labor - Invalids and Social Affairs and the Ministry of Health. The time spent working or engaging in such occupations, if interrupted, can be accumulated.

2. Demobilized military personnel who do not fall under the circumstances specified in Clause 1 of this Article shall have their hospital fees reduced by 50%.

3. Demobilized military personnel falling under any of the following circumstances shall not be exempted or have their hospital fees reduced:

a) Injured due to intentional fighting (except when caused by others), self-inflicted injuries;

b) Due to alcohol intoxication and its consequences;

c) Due to drug use;

d) Sexually transmitted diseases, HIV/AIDS due to moral violations;

đ) Injured due to violation of the law.

Article 7. Methods for Collection, Management, and Use of Medical Fees

1. Method for Collecting Medical Fees: Military hospitals organize the collection of medical fees in accordance with the requirement that patients must pay a portion of medical expenses; patients pay and settle medical fees directly at the hospital's financial department, specifically as follows:

a) Subjects eligible for reduced medical fees must pay the prescribed amount (after deducting the reduction portion);

b) Subjects not eligible for exemption or reduction of medical fees must pay the full cost of medical examination and treatment as prescribed.

2. Management and Use of Medical Fees

a) The medical fees collected from retired military personnel for medical examinations and treatments are supplementary revenue added to the hospital's general budget; they are used to supplement funds for purchasing medicines, intravenous fluids, blood, chemical reagents for testing, X-ray films, essential consumables, and printing some forms to serve patients;

b) The management and use of medical fees collected from retired military personnel shall be carried out according to the current regulations of the Ministry of National Defense. The hospital's financial department must maintain registration books, statistics, and timely monitoring accurately.

Article 8. Medical Examination Books; Management and Use of Medical Examination Books

1. Medical Examination Book: The medical examination book serves as the legal basis for retired military personnel to receive medical examinations and treatments at military hospitals. The medical examination book is printed according to Model Number 01/2016/KB-QNCNPV issued together with this Circular, specifically as follows:

a) The book is A5 size, containing 34 pages (including the cover).

b) Printing specifications for the cover pages:

- Cover page 1: Print the name of the Medical Examination Book for Retired Military Personnel.

- Cover page 34: Print the usage regulations for the Medical Examination Book for Retired Military Personnel.

c) Printing specifications for the internal pages (from page 3 to page 32):

- Page 3: Print the brief personal history section.

- Pages 4 to 32 print numbered columns for the hospital to record when retired military personnel undergo medical examinations and treatments.

d) When issuing the medical examination book to retired military personnel, it must be signed by the Hospital Director and stamped by the hospital on the edge where the pages meet.

2. Management and Use of Medical Examination Books:

a) The medical examination book is printed and issued to retired military personnel by military hospitals along the line, with payment made at the original price at the time of printing;

b) The medical examination book can be used for multiple visits; when there is no more space to record or if it is lost or damaged, retired military personnel may obtain a new book from the military hospital where they receive medical examinations and treatments;

c) Retired military personnel are responsible for managing the medical examination book to prevent loss, damage, or lending it to others.

Article 9. Funding Assurance for Implementation

Annual budget ensures the exemption or reduction of medical fees for retired military personnel when receiving medical examinations and treatments as stipulated in Clause 1 and Clause 2, Article 6 of this Circular, which is part of the hospital's funding provided by the Ministry of National Defense.

Article 10. Responsibilities of agencies and units

1. Responsibilities of Military Hospitals:

a) Register, issue, replace medical examination books, and organize medical examinations and treatments for retired military personnel;

b) Ensure medicines, chemical reagents for testing, X-ray films, and essential consumables according to the list of the Ministry of Health and the current regulations of the Ministry of National Defense;

c) Register and report monthly statistics separately for retired military personnel according to the reporting form of the Military Medicine Department.

2. Responsibilities of Military Outpatient Clinics: Do not admit or treat retired military personnel. In emergency cases, after initial first aid and emergency care according to the technical level classification, immediately transfer the patient to the designated hospital for further treatment.

3. Responsibilities of Direct Management Units of Retired Military Personnel: Based on the records kept at the unit and the request of retired military personnel, the head of the agency or unit at the Brigade level or higher is responsible for confirming the time, location, occupation, and work according to Point d, Clause 1, Article 6 of this Circular, accompanied by a copy of the stored file as the basis for confirmation. If the previous agency or unit has been merged or dissolved, then the newly established agency or the superior agency of the dissolved unit will confirm.

4. Military Command Board of County Level:

a) Disseminate the health care policy of the Ministry of National Defense for retired military personnel, their rights and responsibilities when undergoing medical examinations and treatments at military hospitals;

b) Register, manage, and monitor retired military personnel returning to their place of residence;

c) Guide retired military personnel on the necessary procedures for medical examinations and treatments at military hospitals;

d) Issue referral letters for retired military personnel to register for medical examinations and treatments at military hospitals according to the designated line and bear legal responsibility for such referrals.

5. Functional Agencies of the Ministry of National Defense:

a) Policy Bureau, General Political Department: Direct functional agencies under local military authorities at all levels to monitor the management, registration, and issuance of referral letters for retired military personnel to register for medical examinations and treatments at military hospitals.

b) Military Affairs Department, General Staff Headquarters: Direct and guide agencies and units to ensure complete procedures for retired military personnel to receive medical examinations and treatments as prescribed.

c) Military Medicine Department, Ministry of National Defense:

- Direct military hospitals and outpatient clinics throughout the country to strictly follow the regulations of the Ministry of National Defense in this Circular regarding medical examinations and treatments for retired military personnel;

- Take the lead and coordinate with the Military Affairs Department to study and propose to the Ministry of National Defense the number of additional hospital beds needed to serve retired military personnel.

d) Finance Department, Ministry of National Defense: Lead and coordinate with relevant agencies to guide hospitals in preparing budgets, using, and settling accounts for the funding to implement the exemption or reduction of medical fees for retired military personnel as stipulated in this Circular.

Article 11. Effective Date

1. This Circular takes effect from August 15, 2016.

2. Regulations on medical examinations and treatments issued in this Circular shall be implemented from July 1, 2016.

3. Retired military personnel before July 1, 2016, shall comply with the regulations on medical examinations and treatments in this Circular.

Article 12. Responsibility for Implementation

1. The Chief of General Staff, the Director of the General Political Department, and the heads of relevant agencies, military hospitals, and individuals concerned are responsible for implementing this Circular.

2. In the course of implementation, if there are any difficulties, they shall be reported promptly to the Ministry of National Defense (through the Policy Department) for consideration and resolution./.