According to latest regulations, what are cases in which assessors of Medical Assessment Councils in Vietnam shall be dismissed?

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Question date: 29/03/2023

According to latest regulations, what are cases in which assessors of Medical Assessment Councils in Vietnam shall be dismissed? - Van Bang (Ha Nam).

    • According to latest regulations, what are cases in which assessors of Medical Assessment Councils (MAC) in Vietnam shall be dismissed?

      Pursuant to Article 16 of the Circular 01/2023/TT-BYT (effective from 15/04/2023) stipulating cases in which assessors of Medical Assessment Councils in Vietnam shall be dismissed as follows:

      Dismissal of assessors

      1. The head of the MAC’s standing agency shall request a competent authority specified in Article 15 of this Circular to consider dismissing an assessor in one of the following cases:

      a) He/she violates regulations on medical assessment or code of professional ethics;

      b) He/she is incapable of performing medical assessment tasks;

      c) He/she is not fit for work;

      d) He/she has submitted an application for resignation which has been also approved by his/her supervisory authority.

      2. If a person who is appointed as an assessor retires or is reassigned, he/she shall be implicitly no longer an assessor from the date of retirement or reassignment.

      As regulations above, cases in which assessors of Medical Assessment Councils in Vietnam shall be dismissed are:

      +) He/she violates regulations on medical assessment or code of professional ethics;

      +) He/she is incapable of performing medical assessment tasks;

      +) He/she is not fit for work;

      +) He/she has submitted an application for resignation which has been also approved by his/her supervisory authority.

      +) An assessor retires or is reassigned.

      What are standards to be satisfied by an assessor being a ministerial MAC’s member in Vietnam?

      Pursuant to Clause 4 Article 14 of the Circular 01/2023/TT-BYT (effective from 15/04/2023) stipulating standards to be satisfied by an assessor being a ministerial MAC’s member in Vietnam as follows:

      Standards to be satisfied by MAC’s assessors and members

      1. Standards to be satisfied by an assessor:

      a) He/she must be a doctor who is working at a state-owned health facility and has a practicing certificate whose scope is relevant to his/her specialization to which he/she is appointed;

      b) He/she has the certificate of completion of training or continuing training or coaching course in medical assessment issued by a competent authority.

      2. Standards to be satisfied by a standing member or specialized member of the provincial MAC:

      a) He/she must be a specialist level I or has a master of medicine or higher;

      b) He/she has at least 03 (three) years of working experience in his/her specialty, including the period of training in such specialty;

      c) He/she meets the standards set out in point b clause 1 of this Article.

      3. Standards to be satisfied by an assessor being a standing member or specialized member of the central MAC or MAC for special reassessment:

      a) He/she must be a specialist level II or has a doctor of medicine;

      b) He/she has at least 05 (three) years of working experience in his/her specialty, including the period of training in such specialty;

      c) He/she meets the standards set out in point b clause 1 of this Article.

      4. Standards to be satisfied by an assessor being a ministerial MAC’s member:

      a) The assessor being a standing member or specialized member of the ministerial MAC having authority to carry out first assessment and reassessment shall satisfy the conditions specified in clause 2 of this Article;

      b) The assessor being a standing member or specialized member of the ministerial MAC having authority to carry out special reassessment shall satisfy the conditions specified in clause 3 of this Article.

      As regulations above, standards to be satisfied by an assessor being a ministerial MAC’s member in Vietnam are:

      - Standards to be satisfied by a standing member or specialized member of the provincial MAC:

      +) He/she must be a specialist level I or has a master of medicine or higher;

      +) He/she has at least 03 (three) years of working experience in his/her specialty, including the period of training in such specialty;

      +) He/she has the certificate of completion of training or continuing training or coaching course in medical assessment issued by a competent authority.

      - Standards to be satisfied by an assessor being a standing member or specialized member of the central MAC or MAC for special reassessment:

      +) He/she must be a specialist level II or has a doctor of medicine;

      +) He/she has at least 05 (three) years of working experience in his/her specialty, including the period of training in such specialty;

      +) He/she has the certificate of completion of training or continuing training or coaching course in medical assessment issued by a competent authority.

      What are tasks and powers of assessors of MAC in Vietnam?

      Pursuant to Article 17 of the Circular 01/2023/TT-BYT (effective from 15/04/2023) stipulating tasks and powers of assessors of MAC in Vietnam as follows:

      - Tasks of an assessor:

      +) Carry out specialist examinations according to the request for specialist examination received from the MAC’s standing agency. Send results of completed specialist examinations to the MAC’s standing agency and enter such results into the specialist examination record of the office where he/she is working.

      +) Participate in medical consultations at the request of the MAC’s standing agency;

      +) An assessor that works under the dual office holding regime shall assume legal responsibility for results of specialist examinations that he/she carries out;

      +) Participate in a conclusion meeting of the MAC at its invitation.

      - Powers of an assessor:

      +) Attend continuing and coaching training courses in medical assessment;

      +) Receive benefits when participating in specialist examinations, medical consultations and meetings of the MAC in accordance with regulations of law and regulations of the MAC’s standing agency.

      +) Apply for resignation from the position of assessor;

      +) Refuse to carry out assessment if the patient or his/her legal representative deliberately fails to cooperate.

      Best regards!

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    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

    LEGAL BASIS OF THIS SITUATION
    • Article 16 of the Circular 01/2023/TT-BYT Download
    • Article 14 of the Circular 01/2023/TT-BYT Download
    • Article 17 of the Circular 01/2023/TT-BYT Download
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