Luật 21-LCT/HDNN8

LAW

OF NATIONAL ASSEMPLY NO.21-LCT/HDNN8 DATED 30/06/1989 OF PEOPLE’S HEALTH

Health is the most precious property of human being, as one of the basics for people to live happily, as the goal and an important factor in the development of economy, culture, society and national defense.

To protect and strengthen people's health;

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

This Law provides for protection for people's health.

Chapter 1:

GENERAL PROVISIONS

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1 - Citizens have the right to be protected health, taken a rest, recreated, and done their excercises; be guaranteed occupational hygiene, nutritional hygiene, and living environmental sanitation and to be served medical care.

2 – Health protection is the work of the entire population. All citizens are obliged to strictly implement the provisions of law on the protection of people’s health to preserve their health and for every body.

Article 2. Guiding principles for the protection of health

1 - To promote communication, education, and sanitation among the people; to carry out the preventive measures, improve and clean living environment; and ensure occupational sanitation standards, hygiene of staple, food, and drink in accordance with the provisions of the Ministers’ Council.

2 – To expand the network of motels, nursing homes, training facilities of physical training and sports; to combine labour and study with rest and recreation; to develop mass physical training and sports to maintain and restore the working capacity.

3 - To improve and enhance quality and expand the network of prevention and combat of epidemic, medical examination and treatment; and coordinate development of the State health system with collective health services and private health services.

4 – To build the medicine of Vietnam inheritted and developing traditional medicine, pharmacology; combine modern medicine, pharmacy with traditional medicine, pharmacy, research and apply the scientific and technical progress of international medicine into practice of Vietnam, build spearheads of medical science, pharmacy of Vietnam.

Article 3. Responsibilities of the State

1 - State takes care to protect and enhance people's health; set the protection of people's health into the economic - social development plans and state budget; decide on the regime and policies and measures to protect and improve people's health.

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3 - People's Councils at all levels reserve adequate budget proportion for the protection of people's health at local levels; regularly monitor and supervise the compliance with the law on protection of the People's Health of the People’s Committees at the same level, the agencies and the social organizations, facilities of production and doing business of the State, collectives, private sector and all citizens in the localities. People's Committees at all levels shall take measures to ensure hygiene for food, accommodation, activities, public rest rooms for local people; the leaders of attached medical bodies direct the coordination among branches and social organizations in their localities to implement the provisions of law on the protection of people's health.

Article 4. Responsibilities of State agencies, the facilities of production and doing business and the people's armed units.

The State agencies, the facilities of production and doing business of the State, the people's armed units (collectively called as the state organizations), the facilities of production and doing business of collectives and private sectors are responsible for caring for, protecting and enhancing the health of the members in their agencies and units and contributing money and effort under their abilities for the protection of people's health.

Article 5. Responsibilities of social organizations

1 - The Vietnam Fatherland Front, Labor Confederation of Vietnam, the Communist Youth Union of Ho Chi Minh, the Vietnam Women's Union, Vietnam Farmers Association, Vietnam General Assembly of Medicine, the Traditional Medicine Association of Vietnam Nation and other social organizations motivate and educate the members of the organizations to implement the provisions of law on the protection of people's health and participate actively in the protection of people's health within their organizations’ charters.

2 - The Vietnam Red Cross propagates and disseminates knowledge of health education to members and the people and mobilizes people to implement measures to maintain health for themselves and for all, give blood to rescues people’s lives; organize to help people when accidents, natural disasters, epidemics and wars occur.

Chapter 2:

HYGIENE IN LIVING AND LABOR, PUBLIC SANITATION, PREVENTION AND COMBAT OF EPIDEMIC

Article 6. Hygiene education

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2 - Ministry of Education builds up the hygiene education programs for children at school, preschool, kindergarten to create habits to keep general hygiene and sanitation in living and learning.

Article 7. Hygiene of staple, food, drinks and alcohol

1 - The State organizations, collectives, private sectors as production, processing, packaging, storage and transportation of staple, food, drinks and alcohol must ensure the hygiene standards. When putting the new chemicals, new materials or new additives into processing, preservative of staple, food, drinks, alcohol, and all kinds of products packaged must be permitted by the Departments of Health.

2 - Prohibited the production, circulation, export, import of staple, food, drinks, and alcohol not ensuring hygiene standards.

3 - Persons who are infected with contagious diseases are not done works that are directly related food, drinks, alcohol.

Article 8. Water hygiene and water sources used in daily life of the people

1 - The water supply agencies and enterprises must ensure water hygiene standards in the daily life of the people.

2 - Prohibited the state organizations, collectives, private sectors and every citizen to pollute water sources used in the life of the people.

Article 9. Hygiene in production, storage, transport and use of chemicals.

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2 - The establishments producing cosmetics, toys, personal hygiene items by chemicals must ensure hygiene standards.

Article 10. Sanitation for waste in industry and in daily life

1 - The factories, the production facilities of the State, collectives, private sectors must implement the measures of waste treatment in industry to prevent and combat air pollution, soil and water under the provisions of the Council of Ministers.

2 - The State organizations, social organizations, collectives, private sectors and every citizen are not let the wastes of daily life pollute the living environment in the residential areas.

Article 11. Hygiene in the livestock husbandry of cattle and poultry

1 - The livestock husbandry of cattle and poultry must ensure the general cleanliness. Not to slaughter, purchase and eat meat of cattle, poultry gotten infectious diseases harmful to human health.

2 - Strictly forbidden to let dogs in cities, towns and townships run freely; raised dogs must be vaccinated according to provisions of veterinary agencies.

Article 12. Hygiene in construction

The planning of construction and renovation of residential areas, industrial buildings and other civil works must comply with hygiene standards.

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1 - People's Councils, People's Committees at all levels, education branch and other concerned sectors must ensure facilities, equipment, lighting, and tools for teaching and learning in schools and kindergartens, not to affect the health of students and teachers.

2 - The principals of schools and kindergartens’ chairmen shall ensure the implementation of training programs have been prescribed; hygiene for school and classes and kindergarten.

Article 14. Occupational hygiene

1 - The State organizations, collectives and private sectors must implement measures to ensure occupational safety, hygiene standards for temperature, humidity, smoke, dust, noise, vibrations and on the other toxic elements in productive labor to protect health, prevent and combat occupational diseases for employees, not causing adverse impacts on the surrounding environment.

2 - Units and employers must organize the periodic health examinations for workers and must be equipped with necessary labor protection for workers.

Article 15. Sanitation in public places

1 - Everyone must have the responsibility for implementing the regulations on public hygiene.

2 – Prohibited to defecate, litter and throw other waste on the streets, gardens, parks and other public places.

3 - Prohibited to smoke in the meeting rooms, in cinemas, theaters and other specified places.

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1 - The funeral, embalming, burial, cremation, moving of remains must comply with the regulations on epidemic prevention. The State encourages and cremation of remains.

2 - As moving the remains across the borders of Vietnam, it must be licensed in accordance with the provisions of Council of Ministers of the Socialist Republic of Vietnam.

Article 17. Prevention and combat of infectious diseases and epidemics

1 – The Departments of Health must organize vaccination for the disease prevention to people.

2 - The State organizations, collectives, private sectors and all citizens must take measures to prevent and combat infectious diseases and epidemics. Upon detection of the epidemic disease or suspicion of epidemic disease in the units, locality, health agencies must report promptly to the same level People's Committees and the health authority of higher level.

3 - The People's Committees at all levels must ensure that prevention and combat of local epidemic.

4 - Based on the dangerous nature and severity of each epidemic, Chairman of the Council of Ministers, Minister of Health, Chairmen of People's Committees of provinces, centrally-run cities and special zones have the rights to apply special measures to quickly extinguish the epidemic.

Article 18. Quarantine

1 - Animals, plants, transportation means of goods to the border and transit at the Socialist Republic of Vietnam must be quarantined.

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Chapter 3:

PHYSICAL TRAINING, SPORT, CONVALESCE AND REHABILITATION

Article 19. Organization of physical training, sports activities

1 - The branches and levels, the state organizations, social organizations, collectives, private sectors are responsible for creating the necessary conditions and organize and mobilize people to participate in physical training, sports activities.

2 - General Department of Sports and Physical Training collaborates with the relevant industry in research and dissemination of training methods, subjects, assignments of sports, physical training suitable to physical strength, ages, industries, treatment with exercise; construction and development of sports medicine; training officers, instructors, coaches and teachers of physical training, sports.

3 - Strictly prohibited rude behaviors in exercise and competitions of sports.

Article 20. Organization of rest and convalescence

1 - General Confederation of Labor of Vietnam, the branches and levels, the state organizations, social organizations, collective organizations are responsible for expanding the nursing facilities, resort and health club.

2 - The organizations and private employers must create conditions for workers to be nursed and taken a rest.

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1 - Ministry of Health, Ministry of Labour - Invalids and Social Affairs develop and ensure the necessary conditions for the establishment of rehabilitation to operate.

2 - The health sector, the sector of Labor - Invalids and Social Affairs collaborate with related industries, the social organizations to expand rehabilitation activities based on the community to prevent and limit the consequences of disability; apply appropriate techniques to bring disabled people to return to normal life.

Article 22. Nursing, health recovery by natural factors

Mineral water, mud mines as medicine, beach areas, climate areas and other natural elements have special pharmacological effects to be used in nursing and health rehabilitation.

Council of Ministers shall defines the identification, classification, management and exploitation, use and protection of the natural elements specified in this Article

Chapter 4:

EXAMINATION AND TREATMENT

Article 23. Right of medical examination and treatment

1 - People of sickness, illness, accidents are apply medical examinations and treatment at the facilities of medical examination and treatment where citizens reside, work or study.

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2 - In cases of emergencies, patients are taken first aid at any facility of medical examination and treatment. The facility of medical examination and treatment must receive and handle every case of emergencies.

Article 24. Conditions for practicing physician

People with a medical degree at the universities or secondary schools and licensed for practice by the Ministry of Health or the Health Department to be examined and treated at the medical facilities of State, collectives, private sectors.

Article 25. Responsibilities of the physician

1 - Physicians are obliged medical examination, treatment, prescription and instructions on the method of disease prevention, self-healing for patients; must keep secret the items related to disease or personal information that he/she is known on the patients.

2 - The physician must be ethical, have a sense of responsibility, remedy dedicated with patients; and strictly observe the rules of professional skill, medical technique; only use the methods, facilities, pharmaceutical products permitted by the Ministry of Health.

3 - Strictly forbidden the irresponsible behavior in emergencies, medical examination, and treatment causing harm to the health, life, honor, and dignity of patients.

Article 26. Help, protection of physician and medical staffs

1 - All organizations and citizens have responsibility to help, protect physicians and medical staffs when they do their tasks.

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3 - Prohibited the harm to the health, life, honor, and dignity of physicians and medical staffs while they are on duty.

Article 27. Responsibilities of patients

1 - Patients have the responsibility to respect physicians and medical staffs; observe the provisions in the medical examination and treatment.

2 - The patients must pay part of medical expenses. Council of Ministers provides for the collection of medical costs.

Article 28. Treatment by surgery

Physicians are operated only after obtaining the consent of the patients. For patients who are minors, the patients who are unconscious or mental illness must be the consent of relatives or guardians of patients. In cases relatives or guardians of patients disagreed or relatives or guardians are absent, if not timely surgery may cause harmful to the life of the patients, the physicians may decide, but must have the approval of the person in charge or authorized person of the medical facilities.

Article 29. Compulsory treatment

1 - The medical facilities shall take all measures compulsory medical treatment for people with are severe mental illness, tuberculosis, lazarine leprosy being in the vulnerability period; diseases sexually transmitted, drug addiction, AIDS and some other infectious diseases can cause harm to society.

2 - The compulsory medical treatment at health facilities must be made in accordance with the law provisions.

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1 - Physicians conduct to get tissue or body parts of alive or dead people for use in medical purposes only after having the consent of the givers, the relatives who have died or dead people who left their wills.

2 - The grafting of tissue or body parts for patients must have their consents or their relatives or guardians of minor patients.

3 - The Health Ministry prescribes the regime to care for health of givers of tissue, or a body part.

Article 31. Autopsy

Hospitals are entitled to take surgery of dead bodies at the hospitals in case of necessity to improve the quality of medical examination and treatment. The medical universities are used unclaimed cadavers and of those who left their wills for use for purposes of study and scientific research.

Article 32 Medical examination and treatment for foreigners in Vietnam

1 - Foreigners who are being in the territory of Vietnam are allowed to take medical examination and treatment at the medical facilities and must comply with the legal provisions on the protection of people's health. Foreigners can enter Vietnam for medical examination and treatment.

2 - The Council of Ministers shall prescribe the regime of medical examination and treatment for foreigners in Vietnam.

Article 33. Medical evaluation

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2 - The employers and the social insurance agencies must be based on the conclusions of the Medical Evaluation Board to implement policies for employees.

Chapter 5:

TRADITIONAL MEDICINE, PHARMACOLOGY

Article 34. Inheritance and development of traditional medicine, pharmacology

1 – The Ministry of Health, the Traditional Medicine Association of Vietnam and the General Assembly of Vietnam Medicine, Pharmacology are responsible for organizing the inheritance and development of traditional medicine, pharmacology in combination with modern medicine, pharmacology with traditional medicine, pharmacology in all areas of medical activities and ensuring the operating conditions for the hospitals, the first-industry institute of traditional medicine.

2 - The health sector, the People's Committees at all levels must strengthen and expand health service network in traditional medicine, pharmacology, and development of raising, planting pharmarceutical products in their localities.

Article 35. Conditions of physician’s practice

Those who are graduated at the schools, classes or handed down from ancestors on traditional medicine, pharmacology and treat diseases by the methods of traditional medicine or by medicine handed down from ancestors and all are licensed by the Ministry of Health or Department of Health are made medical examination and treatment at the medical facilities of state, collectives and private sectors.

Article 36. Responsibilities of the physicians

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2 - The new remedies, new treatment methods must be inspected to verify by the Ministry of Health or Department of Health along with the Traditional Medicine Association of the same level are applied to the medical examination and treatment for people.

3 - Prohibited the use of the forms of superstition in the medical examination and treatment.

Article 37. Assistance and protection for Physicians

1 - The State guarantees the copyright for the physicians on the dissemination of their effective remedies, herbs and precious drugs, traditional methods of treatment.

2 - Everyone has a responsibility to help and protect physicians and as well as for doctors under the provisions of Article 26 of this Law.

Chapter 6:

PREVENTION AND TREATMENT OF DISEASE

Article 38. Management of production, circulation, export, import of drugs and drug materials.

1 - The Ministry of Health unifies the management of production, circulation, export and import of drugs and raw materials to make drugs, organization of the sale and supply of essential drugs in the prevention and treatment of disease for people.

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3 - People with professional degrees in medicine and be issued by the Ministry of Health or Department of Health are allowed to practice medicine.

4 - The new drugs must be inspected and certified by the Health Ministry or the Health Department on effect of medical prevention and treatment, ensuring the safety for the patients may be put into production, circulation, export, import.

Article 39. Management of poisons, drugs and substances easy to cause addiction, excitement, mental inhibition

1 - The highly toxic drugs, drugs and substances easy to cause addiction, excitement, mental inhibition are only used for psychiatric treatment and scientific research.

2 – The Ministry of Health shall prescribe the regime of production, circulation, preservation, use, and storage of drugs and substances prescribed in Clause 1 of this Article.

Article 40. Drug quality

1 - Drugs put into circulation and use must be ensured the State quality standards and safety for users.

2 - Prohibited the production and circulation of counterfeit drugs, drugs not guaranteeing the quality standards of the State.

Chapter 7:

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Article 41. Health protection for the elder, invalids, sick soldiers, disabled

1 - The elder, invalids, sick soldiers and the disabled are given priority in medical examination treatment, to be created favorable conditions to contribute to society in accordance with their own health.

2 - Ministry of Health, Sport General Department guides the method to do exercise, of rest and of recreation to prevent, combat diseases of the elders.

Article 42. Health Protection for ethnic minority peoples

1 - The State reserves adequate budget to strengthen and expand the health network of medical examination, treatment for people of ethnic minorities, particularly the medical facilities in mountainous areas, remote areas.

2 – The State has appropriate treatment regime for medical officials working in the highlands, remote areas.

3 - The Council of Ministers is responsible for ensuring adequate drugs to prevent and treat malaria, goiter for the areas specified in clause 1 of this Article.

4 - People's Committees at all levels, the concerned branches and the social organizations are responsible for hygiene dissemination and education, building a civilized lifestyle and new culture for people of ethnic minorities.

Chapter 8:

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Article 43. Implementation of family plan

1 - Everyone is responsible for conducting family plan, has the right to select birth control measures according to expectations. Every couple should have only one or two children.

2 - The State shall adopt policies and measures to encourage and create necessary conditions for people to conduct family plan. The obstetric specialty facilities of the State, collectives, and private sectors must implement the requirements of people on the selection of measures of childbearing planned.

3 - The agencies of health, culture, education, mass media and social organizations shall disseminate, educate knowledge of population and family plan for people.

4 - Prohibited the interference or enforcement in the implementation of family plan.

Article 44. The rights of women to be served medical examination and treatment of gynaecological diseases and abortion

1 - Women have the right of abortion according to expectations, to be served the medical examination and treatment of gynaecological diseases, to be monitored the health during pregnancy, to be served medicare as childbearing in the health facilities.

2 – The Ministry of Health is responsible for strengthening and development of networks of neonatal and obstetric specialty in the medical facilities to ensure health services for women.

3 - Strictly prohibit medical facilities and individuals to do the abortion operation, to remove the IUD without permits issued by the Ministry of Health or Health Department level.

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1 - Organizations and individuals using female employees must observe the regulations on health protection for women, ensuring the regime for pregnant women, childbearing, child nursing and applying measures birth plans.

2 – Not to use female employees in the hard and hazardous works. The Ministry of Health, Ministry of Labour - Invalids and Social Affairs shall provide the list of hard and hazardous works.

Article 46. Protection of children's health

1 - Children are managed their health, are vaccinated to prevent illness, epidemic, served medical examination and treatment by the basis medical agencies.

2 - The health sector is responsible for development, strengthening of the network of health care and protection of children’ health.

3 - Parents and child-rearing people are responsible for implementation of the provisions on health examination and vaccinations under the plan of medical facilities, caring children as they are illness and making the decision of the physician in medical examinations and treatment for children.

Article 47. Care for children with disabilities.

The Ministry of Health, Ministry of Labour - Invalids and Social Affairs, Ministry of Education are responsible for organizing the care and application of rehabilitation measures for children with disabilities.

Chapter 9:

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Article 48. The organization and powers of the State Inspectors of Health

1 - The State Inspectorate on health of health sector include: sanitary inspector, inspector of examination and treatment and pharmaceutical inspector.

Council of Ministers defines the State inspection organizations of health sector.

2 - The State Inspectors on health have the right to inspect and examine the implementation of the provisions of law on the protection of people's health, hygiene, prevention and combat of epidemic, medical examination and treatment and medicine; decide on administrative sanctions; make the decisions to temporarily suspend or terminate operation of the units and individuals who commit violations and take responsibility for their decisions.

3 - The State organizations, social organizations, collectives, private sectors and all citizens in which are being conducted the inspection must report the situation and provide written documentation of the facts relevant to the content of inspection within the time limit prescribed and appoint officials to participate in the inspection team when necessary.

Article 49. Sanitary inspectors

Sanitary inspectors inspect the observance of sanitary laws of the State organizations, social organizations, collectives, private sectors and all citizens.

Article 50. Inspectors of medical examination and treatment

To inspect medical examination and treatment, inspect the observance of professional and professional skill rules and health technique charter of the facilities of medical examination and treatment of state, collectives and private sector.

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Pharmaceutical inspectors inspect the observance of pharmaceutical professional skill, professional rules in production, circulation, export and import of drugs and drug materials of the facilities of state, collectives and private sector.

Chapter 10:

REWARDS AND HANDLING OF VIOLATIONS

Article 52. Reward

Localities, units and individuals that record achievements in the protection of people's health are rewarded by the State of matter and spirit.

Dotors, physicians, pharmacists and other medical staffs who have made numerous contributions in the protection of people's health, to be qualified, skilled technical expertise, ethics, trusted by the people and colleagues are considered to award the honors of the State.

Article 53. Handling of violations

Those who have the following acts shall, depending on the degree of seriousness be disciplined, administratively handled or examined for penal liability.

1 - Violating the regulations on hygiene in public places, prevention, and combat of epidemics diseases.

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3 - Violating the regulations on hygiene of staple, food, labor sanitation and other provisions of law to protect people's health.

Apart form the above processes, people who commit acts of violation specified at Points 1, 2 and 3 of this Article, if causing damage to health, life or property of others must compensate damage in accordance with the law provisions.

Chapter 11:

FINAL PROVISIONS

Article 54. The previous regulations contrary to this Law are hereby annulled.

Article 55. The Council of Ministers shall specify the implementation of this Law.

This Law was passed by VIII National Assembly of Socialist Republic of Vietnam, 5th session on June 30, 1989.

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(Signed)