What is a medical complaint and related legal terms?

According to Decision 44/2005/QD-BYT on handling complaints in the health sector issued by the Minister of Health, regulating the handling of complaints in the health sector, it is applied to agencies, units, organizations and individuals related to complaints and handling complaints in the health sector under the state management of health.

Accordingly, the terms specified in Article 2 of Decision 44/2005/QD-BYT are as follows:

1. “Complaint” is the act of a citizen, agency, organization or cadre or civil servant, in accordance with the procedures prescribed by the Law on Complaints and Denunciations, requesting a competent agency, organization or individual to review an administrative decision, administrative act or disciplinary decision against a cadre or civil servant when there is reason to believe that such decision or act is illegal and infringes upon their legitimate rights and interests.

2. “Complainant” is a citizen, agency, organization or officer or civil servant exercising the right to complain.

3. “Agencies and organizations with the right to complain” include State agencies, political organizations, socio-political organizations, social organizations, socio-professional organizations, economic organizations, and people's armed forces units.

4. “The person complained about” is the agency, organization or individual whose administrative decision, administrative act or disciplinary decision is being complained about.

5. “Administrative decision” is a written decision applied once to one or several specific subjects on a specific issue in the administrative management activities of a State administrative agency or a competent person in a State administrative agency.

6. “Administrative act” is the act of a State administrative agency or a competent person in a State administrative agency when performing duties and public service as prescribed by law.

7. “Disciplinary decision” is a written decision of the head of an agency or organization to apply one of the following disciplinary measures: Complaint, warning, salary reduction, demotion, dismissal, forced resignation for cadres and civil servants under his/her management according to the provisions of the law on cadres and civil servants.

8. “Complaint settlement” is the verification, conclusion and decision of the complaint settlement person.

9. “Complaint handler” is the agency, organization or individual with the authority to handle complaints.

10. “Final complaint settlement decision” is the decision that comes into force and the complainant has no right to further appeal.

11. “Decisions on complaint settlement with legal effect” include: final complaint settlement decisions; decisions on first-time complaint settlement in which the complainant does not further complain or initiate an administrative lawsuit at the Court within the time limit prescribed by law; decisions on subsequent complaint settlement in which the complainant does not further complain within the time limit prescribed by law.