Unsatisfactory treatment, suspected malpractice — abroad, language barriers push many foreigners to “suffer in silence” or rant on social media (inviting fresh legal trouble). Vietnamese law gives you a formal complaint channel with a clear 5-step process.
Patients’ complaint rights (2023 Medical Examination & Treatment Law)
The 2023 Law on Medical Examination and Treatment (15/2023/QH15, effective 1/1/2024) recognises patients’ right to request complaint/dispute resolution with healthcare facilities and practitioners when rights are infringed: to be informed of the process, to present views, to be protected from retaliation, and to keep medical information confidential during resolution.
The 5-step complaint process
- Step 1 — File: a written complaint stating facts, infringed rights and requested remedy; submit directly or by post to the healthcare facility or competent health authority (Department of Health).
- Step 2 — Acceptance, verification: the receiving body checks validity, accepts the case and investigates within statutory time limits.
- Step 3 — Mediation, negotiation: the facility convenes the parties — many cases settle satisfactorily here without escalation.
- Step 4 — Resolution decision: failed mediation → the competent authority issues a written decision.
- Step 5 — Further complaint/lawsuit: disagree → complain to higher health authorities (Ministry of Health) or sue in court for damages.
Foreigners filing medical complaints: 4 notes
- Gather evidence immediately: copy medical records, invoices, prescriptions, photos/video — medical evidence “cools” fast.
- Independent medical assessment: the key legal tool to determine whether doctors followed professional protocols — the basis for compensation claims.
- Don’t social-media-shame first: one-sided, unverified posts risk counter-suits for defamation (Article 156, Penal Code) or misinformation fines (Article 101, Decree 15/2020: VND 10–20M).
- Language: complaints in Vietnamese (have a lawyer/interpreter draft them); bring an interpreter to authority meetings.
FAQs
Does complaining cost money?
Administrative complaints to facilities/Departments of Health are free. Court lawsuits require advance court fees per civil procedure (refunded if you win).
How long until resolution?
Depends on level and complexity; first complaints typically resolve in 30–45 days (extendable for complex cases). Follow up in writing, not just by phone.
Do private/international hospitals follow this?
Yes — every licensed healthcare facility in Vietnam (public, private, international, foreign-invested) sits under the 2023 Law and the same complaint mechanism.
Contact us
FLAT Law Firm advises foreign nationals and their families on inheritance, wills, driving licences, health insurance and money transfers in Vietnam. Contact us for advice on your specific case.
