Can I get health insurance when having plastic surgery in Vietnam in 2022?

“Hello, Lawyer. I have health insurance, now I want to have cosmetic eyelid surgery and a rhinoplasty to be more confident. However, the cost of cosmetic surgery that I refer to at the cosmetic institutes is quite high compared to the cost of cosmetic surgery. I have a question, is it possible to get medical insurance when having plastic surgery? I don’t know if health insurance has regulations on the scope of health insurance coverage. Master replied, I sincerely thank you!”. Thank you for sending us your question. To answer this question, today, LSX Lawfirm will give you an article about “Can I get health insurance when having plastic surgery in Vietnam in 2022?“, as follows:

Legal grounds

• Law on Health Insurance Amendment 2014
• Decree 117/2020/ND-CP

Can I get health insurance for cosmetic surgery?

Can I get health insurance when having plastic surgery in Vietnam in 2022? Pursuant to the provisions of Article 23 of the Law on Health Insurance 2008 as amended by Clause 16, Article 1 of the Law on Health Insurance Amendment 2014, the following cases are not entitled to health insurance:

1. Expenses in the case specified in Clause 1, Article 21 have paid by the state budget.
2. Nursing and convalescence at convalescent and convalescent establishments.
3. Health examination.
4. Pregnancy testing and diagnosis are not for treatment purposes.
5. Using assisted reproductive technology, family planning services, abortion, and abortion, except for cases where the pregnancy must terminated due to medical causes of the fetus or the mother.
6. Use beauty services.
7. Treatment of strabismus, myopia, and refractive errors of the eyes, except for children under 6 years old.
8. Use of alternative medical supplies including prosthetic limbs, artificial eyes, dentures, eyeglasses, hearing aids, and mobility aids in medical examination, treatment, and rehabilitation.
9. Medical examination, treatment, and rehabilitation in case of disaster.
10. The Medical examination and treatment for addiction to drugs, alcohol, or other addictive substances.

13. Medical assessment, forensic examination, forensic psychiatric assessment.
14. Participating in clinical trials and scientific research.

Thus, according to the above regulations, you will not be entitled to health insurance when using cosmetic services.

What is the scope of health insurance coverage?

According to the provisions of Article 8 of the Regulation on the organization of implementation of health insurance in medical examination and treatment, issued together with Decision 1399/QD-BHXH in 2014 as follows:

Health insurance participants who go for medical examination and treatment covered by the health insurance fund with the following expenses:

1. Expenses for medical examination at rates approved by competent authorities.
2. Bed-day expenses at rates approved by competent authorities when:

a) Inpatient treatment at a medical facility at the district level or higher.

b) Stay for no more than 03 days at the commune health station according to the hospital bed price approved by the competent authority. For commune health stations located in regions with difficult or extremely difficult socio-economic conditions, island communes, or island districts, the patient stay time should not exceed 5 days.

And

3. So Expenses for technical services within the scope of expertise according to the list and prices already approved by competent authorities in accordance with regulations.

For technical services performed by the staff of higher-level medical facilities on a rotation basis or under a directing program to improve the professional capacity of the lower-level according to regulations of the Ministry of Health, but not yet approved by the Ministry of Health. approved price: The health insurance fund will pay according to the price already approved by the competent authority for implementation at the technical transfer facility.

4. Expenses for drugs, chemicals and medical supplies used directly for patients according to the list, rate, and payment conditions prescribed by the Minister of Health, and provided by medical establishments according to regulations of the law on procurement of drugs, chemicals, and medical supplies, but not yet included in the prices of technical services.

5. And Expenses for blood and blood products according to the provisions of Circular No. 33/2014/TT-BYT dated October 27, 2014, of the Ministry of Health specifying the maximum price and expenses for price determination. a unit of whole blood and blood products meeting the standards.
6. Expenses for transporting patients from district level to higher level in case of emergency or undergoing inpatient treatment who must transferred for medical examination and treatment for the subjects specified at Points d, e, g, h and I, Clause 3, Article 12 amending and supplementing the Law on Health Insurance.

What is the penalty for the act of plastic surgery causing complications?

Pursuant to Clause 7, Clause 8, and Clause 9, Article 40 of Decree 117/2020/ND-CP technical expertise in medical examination and treatment prescribed:

7. A fine ranging from VND 40,000,000 to VND 50,000,000 shall imposed for violations of the law on professional and technical expertise in medical examination and treatment, causing accidents to patients.

Additional penalties:

a) Deprive the right to use the medical examination and treatment practice certificate for a period of from 01 months to 03 months, for the acts specified at Points a, b, Clause 1, Point c, Clause 2, Clauses 3 and 4 of this Article. this

b) And Deprivation of the right to use the medical examination and treatment practice certificate for a period of between 3 and 6 months, for the acts specified in Clauses 5 and 7 of this Article;

c) Deprivation of the right to use the license for medical examination and treatment activities for a period of from 01 months to 03 months, if the establishment repeats one of the acts or commits three or more acts of the same violation at the same time. specified in Clauses 1, 2, 3, 4, and Point a, Clause 5 of this Article;

In addition

d) Suspend the operation of part of the facility (for the offending faculties, departments, centers, units, or divisions) or revoke the right to use the establishment’s license for medical examination and treatment (for violations affecting the entire operation of the establishment) within 3 to 6 months for the acts specified at Point b, Clause 5 and Clause 7 of this Article;

đ) Suspend the operation of the establishment for a period of from 03 months to 06 months for the acts specified in Clause 6 of this Article.

Remedial measures:

Forcible payment of all medical examination and treatment expenses, for violations specified in Clauses 3 and 7 of this Article.

In Clause 5, Article 4 of the above Decree, there are regulations on fines for individuals and organizations as follows:

5. The fine level specified in Chapter II of this Decree the fine level imposed on individuals. For the same act of administrative violation, the fine level for organizations is equal to 02 times the fine level for individuals.

Accordingly, cosmetic surgery that causes accidents will subject to an administrative fine of from VND 40,000,000 to VND 50,000,000 an deprived of the right to use the medical examination and treatment practice certificate from 3 to 6 months. If it is a department or room in a hospital, the operation of part of the facility will be suspended, and if it is a cosmetic service establishment, the operation license will be revoked. In addition, the patient must also pay the entire cost of medical examination and treatment for the victim.

Does plastic surgery have to change to CCCD?

Pursuant to the provisions of Article 23 of the Law on Citizen’s Identity 2014 with the following provisions:

– The citizen identification card may change in the following cases:

• The cases specified in Clause 1, Article 21 of this Law;
• The card damaged and cannot used;
• Change information about the surname, middle name, first name; identifying characteristics;
• Re-determination of gender and hometown;
• There is an error in the information on the citizen identification card;
• When citizens have requested.

– The citizen identification card shall re-issued in the following cases:

• Loss of citizen’s identity card;
• To regain Vietnamese nationality according to the provisions of the Law on Vietnamese nationality.

Based on the above regulations, in case you have plastic surgery that changes your identity, you must change your CCCD.

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