Thông tư 24/2020/TT-BYT

CIRCULAR

MEDICAL CERTIFICATE OF CAUSE OF DEATH, DEATH CERTIFICATE AND MORTALITY STATISTICS IN MEDICAL EXAMINATION AND TREATMENT ESTABLISHMENTS

Pursuant to Decree No. 75/2017/ND-CP dated June 20, 2017 of Government on functions, tasks, powers, and organizational structure of Ministry of Health;

Pursuant to Decree No.123/2015/ND-CP dated November 15, 2015 of Government on elaborating to Law on Civil Status;

At the request of Director General of Department of Legal Affairs; Department of Planning – Finance;

Minister of Health promulgates Circular on medical certificate of cause of death, death certificate and mortality statistics in medical examination and treatment establishments:

Article 1. Scope

This Circular prescribes how to specify medical certificate of cause of death; issuance and reissuance of death certificate and mortality statistic reports in medical examination and treatment establishments.

Article 2. Regulated entities

This Circular applies to medical examination and treatment establishments licensed for operation according to Law on Medical Examination and Treatment; agencies, organizations and individuals related to medical certificate of cause of death; issuance and reissuance of death certificates and mortality statistic reports in medical examination and treatment establishments.

Article 3. Entitlement for signing medical certificate of cause of death and issuing, reissuing death certificate

Heads and individuals responsible for specialized and technical affairs in medical examination and treatment establishments specified under Article 2 of this Circular shall have the power to sign medical certificates of cause of death and issue, reissue death certificate. Heads and individuals responsible for specialized and technical affairs may authorize other individuals in writing to sign medical certificate of cause of death and issue, reissue death certificate. Authorizing individuals and authorized individuals must be legally responsible for authorization and signed documents.

Article 4. Regulations on medical certificate of cause of death

1. Medical certificate of cause of death shall only be used by medical agencies for producing statistical reports, developing, plans, policies, conducting research, analyzing population structures, assessing implementation and provision of healthcare services for the general public.

2. Upon identifying patients having a biological death: absent breathing or cardiac arrest, medical examination and treatment establishments where the patients decease are responsible for specifying all contents classified by color in medical certificate of cause of death under Annex I attached to this Circular.

3. Medical certificate of cause of death in medical examination and treatment establishments shall not be given to relatives of the deceased but stored together with patient mortality meeting minutes in medical examination and treatment establishments which serve as the basis for statistical reports as per the law.

Article 5. Regulations on issuance and reissuance of death certificate

1. Issuance of death certificate

After verifying death of patients, medical examination and treatment establishments are responsible for filling in death certificate according to Annex II attached to this Circular.  Relatives of the deceased patients according to Clause 19 Article 3 of Law on Marriage and Family are responsible for reading and examining specified information before signing. Death certificates shall be made into 2 copies with equal legitimacy, 1 copy shall be given to relatives of the deceased patients for death declaration, 1 copy shall be stored at medical examination and treatment establishments;

2. Reissuance of death certificate

a) In case of errors when filling in death certificate:

Relatives of the deceased patients shall prepare application for reissuance of death certificate according to Annex III attached to this Circular together with documents proving errors in previously issued death certificates and submit to medical examination and treatment establishments that issued the original death certificates. Within 1 working day from the date on which adequate documents are received, medical examination and treatment establishments are responsible for recalling the erroneous death certificates for disposal; application and proving documents shall be kept with medical records stored at medical examination and treatment establishments. Reissued death certificates must specify number and book number of the original death certificates and mark the reissued death certificates as “Cấp lại” (Reissued).  In case verification is required, verification must be conducted within 5 working days.

Documents proving errors: in case of errors in family name, middle name, first name, date of birth, nationality, passport number, ID number, Citizen Identity Card number or personal identification number of the deceased patients, attach copies of any of following documents: passport, ID card, Citizen Identity Card or other documents containing photos and personal information which proves the correct information issued by competent authorities and remains valid (family register, temporary residence registry, residence documents) and master registers of aforementioned documents for comparison. 

b) In case of loss or damage of death certificates:

Relatives of the deceased patients shall prepare application for reissuance of death certificate according to Annex III attached to this Circular and submit to medical examination and treatment establishments that issued the original death certificates. Within 1 working day from the date on which application for reissuance of death certificates is received, medical examination and treatment establishments are responsible for recalling damaged death certificates, examining information in the application and comparing with the death certificates stored at medical examination and treatment establishments which have issued the death certificates. Reissued death certificates must specify number and serial number of the original death certificates and mark the reissued death certificates as “Cấp lại” (Reissued).  In case verification is required, verification must be conducted within 5 working days.

Article 6. Forms of medical certificate of cause of death at medical examination and treatment establishments, death certificate and application for reissuance of death certificate

1. Following forms are attached to this Circular:

a) Form of medical certificate of cause of death at medical examination and treatment establishments is specified under Annex I;

b) Form of death certificates at medical examination and treatment establishments is specified under Annex II;

c) Application for reissuance of death certificate is specified under Annex III.

2. Medical certificate of cause of death shall be in A4 (210 x 297 mm) format. Printed and specifying information related to the deceased patients. Medical certificate of cause of death shall be attached and stored together with medical records of the deceased patients at medical examination and treatment establishments.

3. Death certificates shall be printed and compiled into books. Death certificates shall be in A4 (210 x 297 mm) format. Each page shall be separated into 2 equivalent sections to record information related to deceased patients. The first section shall be handed to relatives of deceased patients, the second section shall be kept at medical examination and treatment establishments. In case medical examination and treatment establishments are employing management software, they the establishments are not required to compile into books but are required to print and issue death certificates using form under this Circular.

4. Ministry of Health is responsible for providing form of medical certificate of cause of death at medical examination and treatment establishments and form of death certificates on website of Ministry of Health. Medical examination and treatment establishments shall print medical certificate of cause of death and death certificates for use.

5. Specific instructions are included in the forms attached to this Circular.

Article 7. Statistical reports on figures of medical certificate of cause of death and death certificates

1. Statistical reports on medical certificate of cause of death at medical examination and treatment establishments include: number of medical certificate of cause of death of medical examination and treatment establishments; difficulties that arise when producing medical certificate of cause of death. Information in medical certificate of cause of death shall be reported simultaneously with statistical reports on issuance of death certificates according to Clause 2 of this Article.

2. Preparation of statistical reports on figures of death certificates is specified under Circular No. 20/2019/TT-BYT dated July 31, 2019 of Minister of Health on basic statistical indicator system in medical sector and Circular No. 37/2019/TT-BYT dated December 30, 2019 of Minister of Health on statistical report regimes in medical sector.

Article 8. Entry into force

This Circular comes into force from January 2, 2021.

Article 9. Transition clauses

Death certificates issued by medical examination and treatment establishments before the effective date of this Circular shall remain valid until the end of December 31, 2021.

Article 10. Responsibility for implementation

1. Vietnam Administration of Medical Services is responsible for developing specialized documents, training and guiding medical examination and treatment establishments specified under article 2 of this Circular to fill in medical certificate of cause of death according to instruction of World Health Organization; developing management system for cause of death information at medical examination and treatment establishments. 

2. the Department of Planning—Finance is responsible for guiding medical examination and treatment establishments specified under Article 2 of this Circular to produce statistical reports on figures of medical certificate of cause of death and death certificates according to regulations and law on statistical report regimes in medical sector.

3. Heads of entities affiliated to Ministry of Health; directors of Departments of Health of provinces and central-affiliated cities, heads of medical entities and relevant entities within their functions and tasks shall direct implementation of this Circular.

Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Health (Department of Planning - Finance, Vietnam Administration of Medical Services)./.