Decision No. 33/2003/QĐ-BQP Issuing Regulations on Medical Examination and Treatment for Officers Resigning from Military Service with at Least 15 Years of Service in the Military

Pursuant to …; 
Of the Minister of National Defense number 33/2003/QĐ-BQP dated April 7, 2003 promulgating regulations on medical examination and treatment for officers who have served at least 15 years in the military.
2003 promulgating regulations on medical examination and treatment for officers who have served at least 15 years in the military.
 who have served at least 15 years in the military

THE MINISTER OF NATIONAL DEFENSE

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Legislative Acts dated November 12, 1996, amended and supplemented on December 16, 2002.

Pursuant to Decree No. 41/CP dated July 5, 1996 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of National Defense.

Pursuant to Clause 3, Article 37 of the Officer Law of the Vietnam People's Army No. 16/1999/QH10 dated December 21, 1999.

Considering the proposal of the Director of the General Logistics Department,

DECISION:

Article 1. Issuing regulations on medical examination and treatment for officers who have served at least 15 years in the military.

Article 2. This Decision shall take effect 15 days from the date of publication in the Official Gazette and shall replace any previous regulations that conflict with the regulations issued together with this Decision.

Article 3. The General Staff, the General Departments, Military Regions, Military Services, Corps, Border Guard Command, Academies, Schools, and related units are responsible for implementing this Decision./.

REGULATIONS

On medical examination and treatment for officers who have served at least 15 years

in the military
(Issued together with Decision No. 33/2003/QĐ-BQP dated April 7, 2003

of the Minister of National Defense)

Chapter 1:

GENERAL PROVISIONS

Article 1. Subjects eligible for free or reduced hospitalization fees in military hospitals.

1. Officers who have served at least 15 years in the military and are not covered by compulsory health insurance (hereinafter referred to as retired officers) when sick or ill may be examined and treated free of charge or with reduced hospitalization fees at military hospitals.

2. Retired officers who join labor organizations in localities subject to compulsory health insurance contributions, if they so wish, may be examined and treated at military hospitals under the health insurance scheme.

Article 2. Military hospitals providing medical examination and treatment for retired officers.

1. Military hospitals providing medical examination and treatment for retired officers include military hospitals and military institutes with hospital beds (hereinafter referred to as military hospitals).

2. Military clinics do not participate in examining and treating retired officers (except in emergency cases).

Article 3. Basis for granting free or reduced hospitalization fees for retired officers.

The granting of free or reduced hospitalization fees for retired officers is based on the nature of their illness and current state policies on preferential benefits.

Article 4. Hospitalization fees and hospitalization fee rates.

1. Hospitalization fees are part of the total costs for medical examination and treatment as stipulated by the Government regarding partial payment of hospitalization fees.

2. Hospitalization fee rates are implemented according to the state regulations on partial payment of hospitalization fees in healthcare facilities.

Article 5. Responsibilities of military hospitals.

Military hospitals providing medical examination and treatment for retired officers must ensure fairness, equality, correct eligibility, simple procedures, and convenience, without causing inconvenience to patients.

Chapter 2:

ORGANIZATION OF MEDICAL EXAMINATION AND TREATMENT FOR RETIRED OFFICERS

Article 6. Medical examination and treatment levels for retired officers.

1. The level of medical examination and treatment for retired officers is the nearest military hospital in the area where the retired officer has a permanent residence or domicile.

2. In emergency cases, retired officers can be treated at any nearby military medical facility (clinic or hospital) regardless of level or region; they enjoy the rights to medical examination and treatment as stipulated in Clause 1 and Clause 2, Article 11, Chapter II of these Regulations. After the condition stabilizes, they must be transferred to the designated hospital.

Article 7. Registration for medical examination and treatment of retired officers.

1. When retiring to their place of origin, retired officers shall register with the Military Command Board of the district or city ward (referred to as the Military Command Board of the district). The Military Command Board of the district shall be responsible for issuing an introduction letter to military hospitals along the designated route to complete registration procedures for initial medical examination and treatment. The registration and issuance (with payment) of the medical examination and treatment book shall be carried out by the hospital when the retired officer registers or undergoes initial medical examination and treatment.

2. Military hospitals along the designated route shall issue the initial medical examination and treatment book for retired officers based on the introduction letter from the Military Command Board of the district; the retirement decision (or certificate confirming at least 15 years of service in the military); and the identification card of the retired officer who has registered.

3. Annually in November, retired officers are responsible for submitting their medical examination and treatment books to the Military Command Board of the commune or ward (referred to as the Military Command Board of the commune) for transfer to the Military Command Board of the district to confirm continued medical examination and treatment at military hospitals along the designated route from January 1 to December 31 of the following year without or with reduced hospital fees.

4. In cases where retired officers change hospitals for medical examination and treatment due to relocation, the registration procedures for medical examination and treatment at the new hospital shall be carried out according to the introduction letter from the Military Command Board of the district (where they have newly relocated) and the medical examination and treatment book from the previous hospital. 5. Retired officers falling within the category specified in Clause 2, Article 1, Chapter I of this Regulation, if they wish to undergo medical examination and treatment at military hospitals along the designated route, shall register with the local health insurance agency and enjoy the benefits of medical examination and treatment while fulfilling the legal obligations regarding health insurance.

Article 8. Administrative Procedures for Medical Examination and Treatment.

When undergoing medical examination and treatment at military hospitals along the designated route, retired officers must present the following documents:

1. The medical examination and treatment book issued by the hospital where they have registered for medical examination and treatment.

2. Identification card.

3. In cases where exemption from hospital fees is sought, the following additional documents must also be presented:

a) Certificate confirming special hardship circumstances; residing permanently in communes located in remote mountainous areas, highlands, border regions, and islands, issued by the Labor, Invalids, and Social Affairs Office of the district or county.

b) Health records or discharge certificates to determine the recurrence of pre-existing conditions during active service.

Article 9. Organization of Medical Examination and Treatment.

The organization of outpatient and inpatient medical examination and treatment for retired officers at military hospitals shall be conducted similarly to that for active-duty officers.

Article 10. Rights and Obligations of Retired Officers when Receiving Medical Examination and Treatment at Military Hospitals.

a) Entitled to outpatient and inpatient medical examination and treatment.

1. Rights:

b) Guaranteed access to medical examination, diagnostic tests, medications, intravenous fluids, blood, surgical procedures, bed usage, and other services equivalent to those provided to active-duty officers of the same rank.

a) Register for medical examination and treatment at military hospitals along the designated route.

2. Responsibilities:

b) Present the medical examination and treatment book issued by the registering hospital and other required documents. In emergency situations, immediate admission is allowed, but all necessary procedures must be completed promptly once the critical condition has stabilized.

c) Pay hospital fees and the cost of the medical examination and treatment book as prescribed.

d) Safeguard the medical examination and treatment book and refrain from lending it to others.

e) Return the medical examination and treatment book to the Military Command Board of the district upon participating in state-mandated health insurance.

e) Return the medical examination and treatment book to the Military Command of the district when participating in health insurance in accordance with the provisions of the State.

Article 11. Subjects eligible for exemption or reduction of hospital fees and those not eligible for such exemptions or reductions.

1. Subjects eligible for exemption from payment of hospital fees:

a) Officers who have been demobilized and have their permanent residence registered in communes located in remote mountainous, border, and island areas as defined by competent state agencies.

b) Those with particularly difficult circumstances, certified by local authorities (Labor, Invalids, and Social Affairs offices at district and county levels).

c) Those suffering from one of the following diseases: malaria, tuberculosis, mental illness, leprosy, vaccination, and rabies treatment.

d) Recurrence of old illnesses during military service (as recorded in health records or discharge papers during military service).

e) Those who have worked for eight years or more in particularly difficult and harsh areas as defined by competent state agencies during their military service.

2. All other subjects not covered under Clause 1 of this Article shall be granted a 50% reduction in hospital fees.

3. Officers who have been demobilized and fall into any of the following cases shall not be exempted or granted a reduction in hospital fees:

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

b) Due to drunkenness and its consequences.

c) Due to drug use.

d) Sexually transmitted diseases and HIV/AIDS due to moral violations.

e) Injured due to violation of laws.

Article 12. Methods and organization of hospital fee collection.

The organization of hospital fee collection shall be carried out similarly to that for subjects required to pay part of medical hospital fees. Patients must pay hospital fees directly at the financial office of the hospital:

1. Subjects eligible for reduced hospital fees must pay the hospital fees as prescribed (after deducting the portion to be reduced).

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

Article 13. Funding to ensure medical examination and treatment for demobilized officers.

The annual budget ensures medical examination and treatment for demobilized officers from the hospital's funding provided by the Ministry of Defense (through the Military Health Department of the General Logistics Department).

Chapter 3:

MANAGEMENT AND USE OF FUNDS, HOSPITAL FEES

AND MEDICAL RECORDS

Article 14. Management and use of funds and hospital fees.

1. Hospital fees collected from demobilized officers for medical examination and treatment are supplementary revenue added to the hospital's general budget; they are used to supplement the costs of purchasing medicines, intravenous fluids, blood, testing chemicals, X-ray films, essential consumables, and printing some forms to serve patients.

2. The management of hospital fees collected from demobilized officers shall be carried out according to the current regulations of the military. The hospital's finance department must open registration books, conduct comprehensive, accurate, and timely statistics and monitoring.

Article 15. Medical records.

1. Medical records are the legal basis for demobilized officers to receive medical examination and treatment at military hospitals within their jurisdiction.

2. Medical records are printed according to Model No. 01/2003/KB-SQPV attached, as follows:

a) The record book is A5 size.

b) Printing specifications for the cover pages:

- Cover page 1: Print the name of the Demobilized Officer Medical Examination and Treatment Record Book for 15 years.

- Cover page 2: Print the brief biography section.

- Cover page 3: Print the annual certification of the Military Command Board of the district.

- Cover page 4: Print the usage regulations of the demobilized officer medical examination and treatment record book.

c) From page 2 onwards, leave blank for the hospital to fill in when the demobilized officer receives medical examination and treatment. Number of pages: 30 pages (numbered from page 2 to page 30), stamped with the hospital's seal in the middle.

Article 16. Management and use of medical examination and treatment books.

1. The medical examination and treatment book for retired officers issued by military hospitals at the designated level shall be charged. The price of the medical examination and treatment book shall be calculated based on the original cost at the time of printing.

2. The first medical examination and treatment book is valid for use within one year from the date of issuance. In subsequent years, each year once, the Military Command Board of the district shall confirm in the book (page 3 of Model No. 01/2003/KB-SQPV) to allow retired officers to undergo medical examinations and treatments at military hospitals in the following year.

3. The medical examination and treatment book is used for multiple medical examinations. When the medical examination and treatment book runs out of space for recording or the section for confirmation by the Military Command Board of the district ends, retired officers shall be issued a new book by the hospital where they have registered for medical examinations and treatments.

Chapter 4:

IMPLEMENTATION

Article 17. Responsibilities of military hospitals and dispensaries.

1. Responsibilities of military hospitals:

a) Registering and issuing, exchanging medical examination and treatment books for retired officers.

b) Organizing and implementing medical examinations and treatments for retired officers.

c) Ensuring essential medicines, chemicals for testing, X-ray films, and consumable materials according to the list of the Ministry of Health and current regulations of the military, without allowing patients to purchase them themselves.

d) Registering and reporting statistics on the situation of receiving and treating patients monthly, separating the category of retired officers according to the report form of the General Department of Military Medicine.

2. Responsibilities of military dispensaries.

Not to receive and treat retired officers. In emergency cases, after initial emergency care and treatment according to technical levels, patients must be transferred to the designated hospital for further treatment.

Article 18. Responsibilities of local military authorities.

1. The Military Command Board of the district shall be responsible for:

a) Promoting the policy of health care for retired officers by the military, their rights and responsibilities when undergoing medical examinations and treatments at military hospitals.

b) Conducting registration, management, and monitoring of retired officers returning to the locality.

c) Guiding retired officers on necessary procedures required when seeking medical examinations and treatments at military hospitals.

d) Issuing referral letters for retired officers to register for their first medical examination and treatment at designated military hospitals; annually confirming their right to medical examinations and treatments in their medical examination and treatment book and bearing legal responsibility for these documents.

e) Coordinating with local functional agencies, military hospitals, and guiding the Military Command Board of the commune in resolving issues related to registration, issuance of medical examination and treatment books, and implementation of medical examinations and treatments for retired officers within their jurisdiction.

2. The Military Command Board of the commune shall be responsible for:

a) Managing the situation of retired officers within its jurisdiction.

b) Collecting the medical examination and treatment books of retired officers and transferring them to the Military Command Board of the district for certification of their right to medical examinations and treatments at designated hospitals.

Article 19. Responsibilities of functional agencies under the Ministry of National Defense.

1. The General Department of Health's Medical Service Bureau shall be responsible for directing all military hospitals and dispensaries to comply with the regulations of the Ministry of National Defense regarding medical examinations and treatments for retired officers.

2. The Cadre Service Bureau of the Political General Department shall be responsible for directing and guiding the issuance of certificates confirming that officers have served at least 15 years in the military upon retirement.

3. The Policy Service Bureau of the Political General Department shall be responsible for directing local military functional agencies at various levels on the management, registration, monitoring, and referral and certification for retired officers to register for medical examinations and treatments at military hospitals.

4. The Ministry of National Defense's Financial Service Bureau: Annually, based on reports from hospitals, ensuring the budget for military hospitals to effectively carry out medical examinations and treatments for retired officers.

5. The Ministry of National Defense's Military Force Service Bureau: Cooperating with the General Department of Health's Medical Service Bureau to study and propose to the Ministry of National Defense the number of additional hospital beds needed to serve retired officers.

Chapter 5:

IMPLEMENTING PROVISIONS

Article 20. Application Object.

Officers who have served in the military for at least 15 years, if retiring before this Regulation takes effect, shall be subject to the provisions on medical examination and treatment set forth in this Regulation.

Article 21. Responsibility for Implementation.

Relevant agencies, units, and individuals shall strictly implement the provisions on medical examination and treatment for retiring officers.

Any difficulties encountered during implementation shall be promptly reported to the Ministry of National Defense for consideration and resolution.

Article 22. Rewards and Sanctions for Violations.

1. Agencies, units, and individuals with outstanding achievements in implementing medical examinations and treatments for retiring officers shall be rewarded according to the general regulations of the State.

2. Persons violating this Regulation shall be disciplined or criminally prosecuted depending on the nature and severity of the violation. The right to medical examination and treatment of retiring officers will be revoked if fraudulent records or documents are discovered. If damage is caused, the costs of medical examination and treatment must be reimbursed, and compensation for damages must be provided in accordance with the law.