Law on Protection of People's Health No. 21-LCT/HDNN8

 

LAW

RESOLUTION NO. 21-LCT/HĐNN8 OF THE NATIONAL ASSEMBLY ON JUNE 30, 1989 ON PROTECTING THE HEALTH OF THE POPULATION

Health is the most precious asset of human beings, one of the basic conditions for people to live happily, and an important goal and factor in economic, cultural, social development, and national defense.

To protect and enhance the health of the population;

Pursuant to Article 47, Article 61, and Article 83 of the Constitution of the Socialist Republic of Vietnam;

This Law stipulates the protection of the health of the population.

Chapter 1:

GENERAL PROVISIONS

Article 1. Citizens' rights and obligations in protecting their health.

1. Citizens have the right to be protected in terms of health, rest, recreation, physical training; to ensure hygiene in work, nutrition, living environment, and to receive professional medical services.

2. Protecting health is a cause of the entire people. All citizens have the obligation to strictly comply with legal regulations on protecting the health of the population to maintain their own health and that of others.

Article 2. Principles guiding health protection work.

1. Promote propaganda and education on hygiene among the population; implement preventive measures, improve, and clean up the living environment; ensure labor hygiene standards, food hygiene standards, and drinking water quality as prescribed by the Council of Ministers.

2. Expand networks of rest houses, convalescent homes, sports facilities; combine work and study with rest and recreation; develop mass sports to maintain and restore working capacity.

3. Improve, enhance the quality, and develop networks for disease prevention, diagnosis, and treatment; integrate the development of state healthcare systems with collective and private healthcare.

4. Build a Vietnamese medical science foundation that inherits and develops traditional national medicine and pharmacology; combine modern medicine and pharmacology with traditional national medicine and pharmacology; research and apply scientific and technological advances in world medicine to practical applications in Vietnam; establish key areas of Vietnamese medical and pharmaceutical science.

Article 3. Responsibilities of the State.

1. The State cares for the protection and enhancement of the health of the population; incorporates health protection work into economic and social development plans and the state budget; decides policies and measures to protect and enhance the health of the population.

2. The Ministry of Health is responsible for managing, improving, enhancing the quality, and developing systems for disease prevention, epidemic control, diagnosis, treatment, production, circulation of medicines and medical equipment, and inspecting compliance with professional medical and pharmaceutical regulations.

3. People's Councils at all levels allocate appropriate portions of the budget for health protection work in their localities; regularly supervise and inspect compliance with laws on health protection by the People's Committees at the same level, relevant agencies, social organizations, state-owned, collective, and private enterprises, and all citizens in the locality. People's Committees at all levels are responsible for implementing measures to ensure food, housing, living hygiene, and public hygiene for the population in their localities; lead subordinate health agencies, and coordinate among sectors and social organizations in the locality to implement legal regulations on health protection.

Article 4. Responsibilities of state agencies, production and business establishments, and people's armed units.

State agencies, state-owned production and business establishments, people's armed units (collectively referred to as state organizations), collective and private production and business establishments have the direct responsibility to care for, protect, and enhance the health of members within their respective agencies and units, and contribute money and effort according to their capacity to public health work.

Article 5. Responsibilities of social organizations.

1. The Vietnam Fatherland Front, the General Confederation of Labor of Vietnam, the Communist Youth Union of Ho Chi Minh, the Vietnam Women's Union, the Vietnam Farmers' Union, the Vietnam Association of Traditional Medicine, the Vietnam Association of Ethnic Medicine, and other social organizations shall encourage and educate members within their organizations to comply with legal provisions on protecting public health and actively participate in the cause of protecting public health within the scope of their charters.

2. The Vietnam Red Cross shall disseminate and popularize basic medical knowledge among its members and the general public, mobilize the public to implement measures to maintain personal health and the health of others, donate blood for rescue purposes; organize relief for the public when accidents, natural disasters, epidemics, and wars occur.

Chapter 2:

SANITATION IN DAILY LIFE AND WORK, PUBLIC SANITATION, PREVENTION AND CONTROL OF DISEASES

Article 6. Health Education.

1. Health, culture, education, physical education and sports, mass media organizations, and social organizations have the responsibility to disseminate and educate the public about basic medical and sanitation knowledge, environmental sanitation, women's sanitation, pregnancy and child-rearing sanitation.

2. The Ministry of Education shall develop a hygiene education program for primary and secondary school students, kindergarteners, and nursery children, fostering habits of maintaining general sanitation, sanitation in daily life and study.

Article 7. Sanitation of foodstuffs, beverages, and alcohol.

1. State organizations, collectives, and individuals must ensure sanitary standards when producing, processing, packaging, storing, transporting foodstuffs, beverages, and alcohol. Introducing new chemicals, raw materials, or additives into the processing, storage, transportation of foodstuffs, beverages, alcohol, and packaging products requires approval from the Department of Health.

2. Strictly prohibit the production, circulation, export, and import of foodstuffs, beverages, and alcohol that do not meet sanitary standards.

3. Individuals suffering from infectious diseases are prohibited from performing jobs directly related to foodstuffs, beverages, and alcohol.

Article 8. Sanitation of water and sources of water used in daily life.

1. Water supply agencies and enterprises must ensure sanitary standards for water used in daily life by the public.

2. Strictly prohibit state organizations, collectives, individuals, and all citizens from polluting sources of water used in daily life by the public.

Article 9. Sanitation in the production, storage, transportation, and use of chemicals.

1. State organizations, collectives, individuals, and all citizens must ensure sanitary standards when producing, storing, transporting, and using fertilizers, pesticides, herbicides, rodenticides, growth stimulants for livestock and crops, and other types of chemicals, without causing harm to human health.

2. Production facilities for cosmetics, children's toys, and chemical personal hygiene products must ensure sanitary standards.

Article 10. Sanitation of industrial and domestic waste.

1. State enterprises, collective and private production facilities must implement measures to treat industrial waste to prevent and combat air, soil, and water pollution in accordance with the regulations of the Council of Ministers.

2. State organizations, social organizations, collectives, private entities, and all citizens shall not allow domestic waste to pollute living environments in residential areas.

Article 11. Sanitation in animal husbandry.

1. Animal husbandry must ensure general sanitation. It is prohibited to slaughter, buy, sell, or consume meat from diseased animals that pose a health risk to humans.

2. Loose dogs are strictly forbidden in cities, towns, and market towns; pet dogs must be vaccinated according to the regulations of veterinary authorities.

Article 12. Sanitation in construction.

The planning and renovation of residential areas, industrial projects, and civil works must comply with sanitation standards.

Article 13. Sanitation in schools and kindergartens.

1. People's Councils at all levels, the education sector, and related sectors must gradually ensure material infrastructure, equipment, lighting, teaching and learning materials in schools and kindergartens without adversely affecting the health of students and teachers.

2. Principals of schools and Heads of kindergartens must ensure the implementation of prescribed study programs; maintain sanitation in classrooms and kindergartens.

Article 14. Sanitation in labor.

1. State organizations, collectives, and private entities must implement measures to ensure workplace safety, meet hygiene standards regarding heat, humidity, smoke, dust, noise, vibration, and other harmful factors during production to protect workers' health, prevent occupational diseases, and avoid negative impacts on the surrounding environment.

2. Units and individuals employing labor must organize regular health examinations for workers and provide necessary personal protective equipment for workers.

Article 15. Sanitation in public places.

1. Everyone must fulfill regulations concerning sanitation in public places.

2. Defecation, littering, and discarding other waste products are prohibited on streets, gardens, parks, and other public places.

3. Smoking is prohibited in meeting rooms, movie theaters, concert halls, and other designated locations.

Article 16. Sanitation in embalming, refrigerating, burying, cremating, and transporting corpses and remains.

1. Embalming, refrigerating, burying, cremating, and transporting corpses and remains must comply with sanitary regulations to prevent disease transmission. The state encourages cremation of corpses and remains.

2. When transporting corpses and remains across Vietnam’s borders, permission must be obtained according to the regulations of the Council of Ministers of the Socialist Republic of Vietnam.

Article 17. Prevention and control of infectious diseases and epidemics.

1. Primary healthcare units must organize vaccination campaigns using various vaccines to prevent diseases among the population.

2. State organizations, collectives, private entities, and all citizens must implement measures to prevent and control infectious diseases and epidemics. Upon discovering an epidemic or suspected epidemic within their unit or locality, health authorities must promptly report to the People's Committee at the same level and higher-level health authorities.

3. People's Committees at all levels must ensure epidemic prevention and control work in their localities.

4. Based on the severity and spread rate of each epidemic, the Chairman of the Council of Ministers, the Minister of Health, the Chairperson of the People's Committee of provinces, cities, and centrally-administered municipalities have the authority to apply special measures to quickly contain the epidemic.

Article 18. Quarantine.

1\. Animals, plants, cargo transport vehicles entering and exiting the border and transiting through the Socialist Republic of Vietnam must be quarantined.

2\. Animals, plants, cargo transport vehicles, goods, and postal items moving from epidemic areas to non-epidemic areas must be quarantined at transportation hubs and post offices.

Chapter 3:

PHYSICAL EDUCATION, HEALTH CARE AND FUNCTIONAL REHABILITATION

Article 19. Organization of Physical Education Activities.

1\. Ministries, levels, state organizations, social organizations, collectives, and private entities have the responsibility to create necessary conditions and organize, encourage all people to participate in physical education activities.

2\. The General Department of Physical Education and Sports shall cooperate with relevant sectors to research, disseminate training methods, sports disciplines, and physical exercise routines suitable for physical condition, age, profession, guide disease treatment through physical exercise; build and develop sports medicine; train staff, instructors, coaches, and physical education teachers.

3\. Brutal behaviors during training and sports competitions are strictly prohibited.

Article 20. Rest and Health Care Organization.

1\. The Vietnam General Confederation of Labour, ministries, levels, state organizations, social organizations, and collective organizations have the responsibility to expand health care facilities, rest houses, and health clubs.

2\. Organizations and private entities using labor must provide conditions for workers to recuperate and rest.

Article 21. Functional Rehabilitation.

1\. The Ministry of Health and the Ministry of Labor, Invalids, and Social Affairs must establish and ensure necessary conditions for functional rehabilitation facilities to operate.

2\. The healthcare sector, the labor, invalids, and social affairs sector shall cooperate with related sectors and social organizations to expand community-based functional rehabilitation activities to prevent and limit disability consequences; apply appropriate techniques to enable disabled individuals to return to normal life.

Article 22. Health Care and Functional Recovery Using Natural Factors.

Mineral water sources, medicinal mud mines, beach areas, climatic zones, and other natural factors with special medicinal effects must be utilized for health care and functional recovery.

The Council of Ministers shall stipulate the procedures for identifying, ranking, managing exploitation, utilization, and protection of natural factors as specified in this Article.

Chapter 4:

MEDICAL EXAMINATION AND TREATMENT

Article 23. Right to Medical Examination and Treatment.

1\. When ill, diseased, or injured, every person has the right to medical examination and treatment at medical examination and treatment facilities located where they reside, work, or study.

Patients also have the right to choose doctors or traditional medical practitioners, select medical examination and treatment facilities, and seek medical treatment abroad according to regulations of the Council of Ministers.

2\. In emergency situations, patients can be treated at any medical examination and treatment facility. All medical examination and treatment facilities must accept and treat all emergency cases.

Article 24. Conditions for Practicing Medicine.

Individuals who have graduated from medical universities or secondary schools and hold a medical practice license issued by the Ministry of Health or the Provincial Health Department may conduct medical examinations and treatments at state, collective, or private healthcare facilities.

Article 25. Responsibilities of Medical Practitioners.

1- Medical practitioners have the obligation to examine patients, treat illnesses, prescribe medications, and provide guidance on disease prevention and self-treatment; they must keep confidential any information related to the patient's illness or private life that they become aware of.

2- Medical practitioners must possess medical ethics, a sense of responsibility, and be diligent in treating patients; they must strictly adhere to professional regulations, technical standards in healthcare; and only use methods, equipment, and pharmaceuticals approved by the Ministry of Health.

3- Strictly prohibited are irresponsible acts during emergency care, examination, and treatment that harm the health, life, reputation, or dignity of patients.

Article 26. Assistance and Protection for Medical Practitioners and Healthcare Staff.

1- All organizations and citizens have the responsibility to assist and protect medical practitioners and healthcare staff when they are performing their duties.

2- In urgent situations to transport patients or accident victims to emergency facilities, medical practitioners and healthcare staff may use available transportation means at the scene. The driver must comply with the requests of the medical practitioner and healthcare staff.

3- Strictly prohibited are acts that harm the health, life, reputation, or dignity of medical practitioners and healthcare staff while they are performing their duties.

Article 27. Responsibilities of Patients.

1- Patients have the responsibility to respect medical practitioners and healthcare staff; and comply with regulations during examinations and treatments.

2- Patients must pay part of the medical expenses. The Council of Ministers shall stipulate the system for collecting medical fees.

Article 28. Surgical Treatment.

Medical practitioners may only perform surgery after obtaining the consent of the patient. For minors, unconscious patients, or those with mental disorders, consent must be obtained from relatives or guardians. If relatives or guardians do not give consent or are absent, and immediate surgery is necessary to save the patient's life, the medical practitioner may decide, but must obtain approval from the facility's supervisor or authorized representative.

Article 29. Compulsory Treatment.

1- Healthcare facilities must implement compulsory treatment measures for patients with severe mental illness, tuberculosis, leprosy during the contagious period, sexually transmitted diseases, drug addiction, AIDS, and other infectious diseases that could harm society.

2- Compulsory treatment at healthcare facilities must be carried out according to legal provisions.

Article 30. Removal and Transplantation of Human Tissue or Body Parts.

1- Medical practitioners may only remove tissue or body parts from living or deceased individuals for medical purposes after obtaining consent from the donor, the deceased's relatives, or the deceased's will.

2- The transplantation of tissue or body parts to a patient must be agreed upon by the patient or the minor patient's relatives or guardian.

3- The Ministry of Health shall stipulate the health care regime for tissue donors or body part donors.

Article 31. Autopsy.

Hospitals may conduct autopsies on deceased bodies at hospitals when necessary to improve the quality of diagnosis and treatment. Universities of medicine may use unclaimed corpses and those donated by individuals with a will allowing their use for educational and scientific research purposes.

Article 32

Examination and Treatment of Foreign Nationals in Vietnam.

1- Foreign nationals residing in Vietnam are entitled to medical examination and treatment at healthcare facilities and must comply with laws regarding public health protection. Foreign nationals may enter Vietnam for medical examination and treatment.

2- The Council of Ministers shall stipulate the system for medical examination and treatment of foreign nationals in Vietnam.

Article 33. Medical Examination.

1. The Medical Examination Board shall determine the health status and work capacity of workers upon request from labor-using organizations and workers.

2. Labor-using organizations and social insurance agencies must base their policies towards workers on the conclusions of the Medical Examination Board.

Chapter 5:

TRADITIONAL MEDICINE AND ETHNO-MEDICINE

Article 34. Inheritance and Development of Traditional Medicine and Ethno-Medicine.

1. The Ministry of Health, the Vietnam Association of Traditional Ethnic Medicine, and the General Association of Vietnamese Medicine and Pharmacy have the responsibility to organize the implementation of the inheritance and development of traditional medicine and ethno-medicine, combining modern medicine and pharmacy with traditional ethnic medicine and pharmacy in all fields of healthcare activities and ensuring conditions for operation for leading hospitals specializing in ethnic medicine.

2. The healthcare sector and People's Committees at all levels must consolidate and expand networks serving healthcare using traditional ethnic medicine and pharmacy, and develop the cultivation of medicinal herbs in their localities.

Article 35. Conditions for Practicing as a Traditional Doctor.

A person who has graduated from schools or classes, or has been passed down knowledge about traditional ethnic medicine and pharmacy, treating diseases with traditional ethnic medical methods or family-prescribed remedies, and holds a practice permit issued by the Ministry of Health or the Provincial Health Department may examine patients and treat diseases at state-owned, collective, and private healthcare facilities.

Article 36. Responsibilities of Traditional Doctors.

1. Traditional doctors have the duty to examine patients, treat diseases, and guide preventive measures and self-treatment for patients; they must possess medical ethics and a dedicated spirit of responsibility in saving and treating patients.

2. New prescriptions and treatment methods must be inspected and confirmed by the Ministry of Health or the Provincial Health Department together with the corresponding Traditional Ethnic Medicine Association before being applied in patient examinations and treatments.

3. Strictly prohibit the use of superstitious practices in patient examinations and treatments.

Article 37. Assistance and Protection for Traditional Doctors.

1. The State ensures copyright for traditional doctors regarding the dissemination of effective family-prescribed remedies, medicinal herbs, and medicinal materials, and traditional treatment methods.

2. Everyone has the responsibility to assist and protect traditional doctors as well as physicians as stipulated in Article 26 of this Law.

Chapter 6:

PREVENTIVE AND CURATIVE MEDICATIONS

Article 38. Management of Medication Production, Circulation, Export, and Import.

1. The Ministry of Health shall uniformly manage medication production, circulation, export, and import, as well as organize the sale and supply of essential medications for disease prevention and treatment for the people.

2. State-owned, collective, and private entities can only produce, circulate, export, and import medications and raw materials for medications if permitted by authorized health authorities, and such permission is limited to types of medications and raw materials for medications specified by the Ministry of Health.

3. Individuals with specialized qualifications in pharmacy and holding a practice permit issued by the Ministry of Health or the Provincial Health Department may practice pharmacy.

4. New types of medications must be inspected and verified by the Ministry of Health or the Provincial Health Department for their efficacy in disease prevention and treatment, and safety for patients, before being allowed to enter production, circulation, export, and import.

Article 39. Management of toxic drugs, addictive substances, and stimulants and depressants affecting mental functions.

1\. High-toxicity drugs, addictive substances, and stimulants and depressants affecting mental functions shall only be used for medical treatment and scientific research.

2\. The Ministry of Health shall stipulate the production, circulation, storage, use, and preservation regimes for all types of drugs and substances specified in Clause 1 of this Article.

Article 40. Quality of Drugs.

1\. Drugs put into circulation and use must meet national quality standards and ensure safety for users.

2\. Strictly prohibit the production and circulation of fake drugs and drugs that do not meet national quality standards.

Chapter 7:

PROTECTION OF THE HEALTH OF ELDERLY PEOPLE, DISABLED VETERANS, DISABLED MILITARY PERSONNEL, PERSONS WITH DISABILITIES, AND ETHNIC MINORITY GROUPS

Article 41. Protection of the health of elderly people, disabled veterans, disabled military personnel, and persons with disabilities.

1\. Elderly people, disabled veterans, disabled military personnel, and persons with disabilities shall be given priority in medical examinations and treatments, and provided with favorable conditions to contribute to society according to their health status.

2\. The Ministry of Health and the General Department of Sports shall guide methods for physical training, rest, and entertainment to prevent and combat diseases associated with aging.

Article 42. Protection of the health of ethnic minority groups.

1\. The State shall allocate appropriate budgets to strengthen and expand healthcare networks for medical examinations and treatments for ethnic minority groups, especially primary healthcare services in mountainous and remote areas.

2\. The State shall have appropriate incentive policies for medical staff working in mountainous and remote areas.

3\. The Council of Ministers shall be responsible for ensuring sufficient supplies of medicines for malaria prevention and treatment, and goiter treatment for the regions specified in Clause 1 of this Article.

4\. People's Committees at all levels, relevant sectors, and social organizations shall be responsible for disseminating education on hygiene, building civilized and new cultural lifestyles for ethnic minority groups.

Chapter 8:

IMPLEMENTATION OF FAMILY PLANNING AND PROTECTION OF WOMEN'S AND CHILDREN'S HEALTH

Article 43. Implementation of Family Planning.

1\. Everyone has the responsibility to implement family planning and the right to choose contraceptive methods according to their wishes. Each married couple should have from one to two children.

2\. The State shall have policies and measures to encourage and create necessary conditions for everyone to implement family planning. State, collective, and private obstetric and gynecological facilities must fulfill the requirements of individuals regarding the choice of contraceptive methods according to their wishes.

3\. Health, culture, education, mass media agencies, and social organizations shall be responsible for disseminating and educating the public about population knowledge and family planning.

4\. Strictly prohibit actions that hinder or force the implementation of family planning.

Article 44. Women's Rights to Gynecological Examinations, Abortion, and Termination of Pregnancy.

1\. Women have the right to terminate pregnancy according to their wishes, undergo gynecological examinations and treatments, monitor their health during pregnancy, and receive medical care when giving birth at healthcare facilities.

2\. The Ministry of Health shall be responsible for strengthening and developing specialized obstetric and neonatal networks down to the grassroots level to ensure healthcare services for women.

3\. Strictly prohibit healthcare facilities and individuals from performing abortion procedures, intrauterine device removals without a permit issued by the Ministry of Health or the Provincial Health Department.

Article 45. Employment of Female Workers.

1. Organizations and individuals employing female workers must implement regulations on health protection for women, ensure benefits for pregnant women, mothers giving birth, and mothers raising children, and apply family planning measures.

2. Female workers shall not be employed in heavy or hazardous work. The Ministry of Health and the Ministry of Labor, War Invalids and Social Affairs shall specify the list of heavy and hazardous jobs.

Article 46. Protection of Children's Health.

1. Children are to be managed in terms of health by primary healthcare facilities, vaccinated against diseases, epidemic prevention, and provided with medical examinations and treatment.

2. The health sector has the responsibility to develop and strengthen the network of child health care services.

3. Parents and guardians of children have the responsibility to comply with health check-up and vaccination plans set by primary healthcare facilities, take care of children when they are sick, and follow doctors' decisions regarding medical examinations and treatments for children.

Article 47. Care for Children with Disabilities.

The Ministry of Health, the Ministry of Labor, War Invalids and Social Affairs, and the Ministry of Education are responsible for organizing care and applying rehabilitation measures for children with disabilities.

Chapter 9:

STATE INSPECTION OF HEALTH

Article 48. Organization and Powers of State Inspection of Health.

1. State inspection of health under the health sector includes: Sanitation inspection, medical examination and treatment inspection, and pharmaceutical inspection.

The Council of Ministers shall stipulate the organization of state inspection of health.

2. State inspection of health has the authority to inspect and supervise the implementation of laws on people's health protection, sanitation, disease prevention and control, medical examination and treatment, and pharmaceuticals; decide on administrative penalties; issue decisions to temporarily suspend or cease operations of units and individuals violating the law and bear responsibility for their decisions.

3. State organizations, social organizations, collectives, private entities, and all citizens at the location where inspections are being conducted must report the situation, provide relevant written materials within the prescribed time limit, and assign staff to join the inspection team if necessary.

Article 49. Sanitation Inspection.

Sanitation inspection shall inspect compliance with laws on sanitation by state organizations, social organizations, collectives, private entities, and all citizens.

Article 50. Medical Examination and Treatment Inspection.

Medical examination and treatment inspection shall inspect compliance with professional and technical regulations in medical examinations and treatments by state, collective, and private medical establishments.

Article 51. Pharmaceutical Inspection.

Pharmaceutical inspection shall inspect compliance with professional and technical regulations in the production, circulation, export, and import of drugs and raw materials for drug production by state, collective, and private establishments.

Chapter 10:

REWARD AND DISCIPLINARY ACTION FOR VIOLATIONS

Article 52. Reward.

Localities, units, and individuals who achieve outstanding results in public health work shall be materially and spiritually rewarded by the State.

Doctors, traditional medicine practitioners, pharmacists, and other health personnel who make significant contributions to the public health cause, possess high professional and technical skills, and are trusted by the people and colleagues shall be considered for the awarding of prestigious titles by the State.

Article 53. Handling of violations

Any person committing any of the following acts shall be subject to disciplinary action, administrative handling, or criminal responsibility depending on the degree of severity.

1. Violating regulations on maintaining public hygiene, disease prevention and control.

2. Violating regulations on medical examination, treatment, pharmaceutical production, and drug sales.

3. Violating regulations on food hygiene, occupational hygiene, and other provisions of the Law on People's Health Protection.

In addition to the aforementioned forms of handling, any person who commits violations as stipulated in Points 1, 2, and 3 of this Article and causes damage to the health, life, or property of others shall be liable for compensation according to the provisions of the law.

Chapter 11:

FINAL PROVISIONS

Article 54. Previous provisions contrary to this Law are hereby abolished.

Article 55. The Council of Ministers shall provide detailed implementation regulations for this Law.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the eighth session, fifth meeting, on June 30, 1989.