Do children prioritize medical examination and treatment in Vietnam?

Do children prioritize medical examination and treatment in Vietnam?

In Article 14 of the Law on Children 2016 stipulates right to healthcare as follows:

Children have the right to best healthcare services, are prioritized to access and use medical prevention, examination and treatment services.

According to Article 3 of the Law on Medical Examination and Treatment 2009, principles for medical practice are as follows:

1. To ensure equality, fairness and non-discrimination for patients.

2. To respect patients' rights; to keep confidential information on the health status and privacy of patients indicated in their case history dossiers, except the cases specified in Clause 2. Article 8: Clause 1. Article II; and Clause 4. Article 59. of this Law.

3. To promptly and properly observe professional and technical regulations.

4. To prioritize medical examination and treatment for cases of emergency, under-6 children, sufferers of serious disabilities, people aged full 80 or older; people with contributions to the revolution; and pregnant women.

5. To guarantee professional ethics of practitioners.

6. To respect, cooperate with, and protect practitioners on duty.

Thus, according to regulations on children under 06 years old in Vietnam, priority is given to medical examination and treatment. Your daughter is 5 years old and going to the emergency room should be given priority by the doctors and nurses. It's against the law that the doctors and nurses at M Hospital have refused to give priority to your daughter's first aid.

What are administrative penalties for failing to prioritize medical examination and treatment for children in Vietnam?

Pursuant to Article 25 of Decree 130/2021/ND-CP stipulating violation of regulation on children’s right to receive healthcare as follows:

1. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed on:

a) Failing to satisfy diet suitable for physical and mental development of children by group age;

b) Failing to adequately perform initial healthcare, prevent diseases, counsel, and assist children in taking care of reproductive and sexual health.

2. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed on:

a) Failing to provide or preventing pregnant women from accessing medical services in order for congenital illnesses of children to be screened and prevented;

b) Failing to comply with decisions, measures, or regulations of competent agencies and individuals in order to preserve lives and health of children;

c) Adopting traditions or customs that are harmful for children’s health;

d) Failing to prioritize medical examination and treatment for children.

In Clause 2, Article 5 of Decree 130/2021/ND-CP stipulating fine levels:

2. The fine for every administrative violation under Chapter II hereof shall be applicable to an individual offender, except for regulations under Articles 8, 9, 12, 13, 14, Clause 1 Article 16, Article 33, and Clause 2 Article 36 hereof. The fine applicable to an organization offender shall equal double the fine applicable to an individual offender.

Therefore, according to the above regulations in Vietnam, doctors and nurses at M Hospital who do not prioritize medical examination and treatment for your daughter will each be fined from VND 3,000,000 to VND 5,000,000.

What is guarantee of children’s healthcare in Vietnam?

According to Article 43 of the Law on Children 2016 stipulates guarantee of children’s healthcare as follows:

1. The Government shall implement policies in conformity with socio-economic conditions at each period to support and ensure that all children are provided with healthcare services, especially disadvantaged children, children of poor and near-poor households, ethnic minority children and children who are living at border regions, mountainous regions, islands and regions with extremely difficult socio-economic conditions.

2. The Government shall ensure the implementation of measures for carrying periodical examination for pregnant women and children according to age level; providing children with nutrition-related care, initial health care and vaccination; childproofing and preventing child accidents and injuries; providing children advice and assistance in reproductive sexual health care in conformity with their age as regulated by the laws.

3. The provision of consultancy, protection and taking care of health and nutrition of pregnant women, mothers who have to bring up babies below 36 months of age and children, especially children under 36 months of age and abused children shall be prioritized in conformity with socio-economic development conditions at each period.

4. The Government shall implement policies and methods of consultancy, screening, diagnosis and treatment before birth and after birth; reducing child mortality rate, especially infant mortality rate; abolishing customs and practices that cause harm or adverse influence on children’s health.

5. The Government shall pay or assist children to pay health insurance premium as regulated by the law on health insurance in conformity with age level, groups of children and socio-economic development conditions at each period.

6. The Government shall implement policies and measures for ensuring that children may use hygienic source of water and basic sanitary conditions, and ensuring foods safety as regulated by the laws.

7. The Government encourages agencies, organizations, families and individuals to support and invest in resources for protecting children and taking care of children’s health, especially disadvantaged children.

The above are the guarantee of children’s healthcare that are prescribed by law in Vietnam.

Best Regards!