In an era where the “win-win” approach to business cooperation is widely embraced, some enterprises still opt for a self-serving path—securing benefits for themselves while shifting risks onto others. A common method of risk shifting involves one party drafting an agreement and persuading the other to sign it. Once signed, the latter often bears the brunt of any potential disputes.

For example, in the field of medical service provision, many patients report being asked to sign documents before undergoing surgery, stating they must accept full responsibility for any risks and waive the right to sue the doctor or medical facility. In some cases, patients are presented with pre-written medical service agreements containing complex clauses, which—according to their understanding—seem to favor the healthcare provider.

Key points to know about medical service agreements

Under the 2023 Law on Medical Examination and Treatment, there is no legal requirement for patients to sign a medical service agreement. Any such agreement may be made on the voluntary basis and governed by the provisions of the 2015 Civil Code. Here are some important considerations for patients in case they need to make a decision.

What if a patient does not agree to sign a medical service agreement? This is a matter that healthcare providers should clearly communicate to their customers. Specifically: Will the medical facility refuse to provide the service if no contract is signed? Or, in the absence of a signed contract, will both parties proceed with the treatment based on the posted service fees and the provisions of the Law on Medical Examination and Treatment and its guiding regulations? If time and health conditions permit, patients are encouraged to ask the medical facility for clarification on these points.

Are there any regulations releasing healthcare practitioners from professional liability? Yes, there are. Medical practitioners are protected by law and will not held liable for adverse medical events if they have followed all legal and professional regulations[1].

Is it legally required that a patient must sign a waiver accepting full responsibility before surgery? No. Vietnamese law does not require patients to do so to accept surgical risks in order to undergo surgery. However, informed consent is required for invasive procedures, as stipulated in Article 65 of the 2023 Law on Medical Examination and Treatment.

The Ministry of Health’s Circular 32/2023/TT-BYT provides a form titled “Consent Form for Surgery, Procedures, and Anesthesia”, which includes two clear options for patients to choose and write down: (i). Agree to undergo surgery, procedures, and anesthesia, and use this form as evidence. (ii). Decline surgery, procedures, and anesthesia, and use this form as evidence.

This form requires signatures from three parties: the surgeon, the anesthesiologist, and the patient. Importantly, the form does not contain any clause requiring the patient to accept personal liability for health damages, nor does it require a commitment not to file complaints or lawsuits.[2]

If a patient signs the written commitment to accept full responsibility and waive the right to file lawsuits, is this commitment form valid? To determine whether the commitment holds legal weight, we must clarify if the patient has signed this document of his/her own free will? Did the patient have an opportunity to negotiate or discuss the terms with the medical facility beforehand? What was the patient’s physical and mental conditions during the signing process? And many other factors.

However, there are certain legal provisions to note: a written commitment (essentially a civil transaction) may be deemed invalid if it does not meet the requirement of being “made voluntarily” or if the person making the commitment lacks awareness or control over their actions at the time of signing.[3]

What happens if a patient refuses to sign the commitment form? This is a point that healthcare facilities should clearly explain to patients. Also, patients have the right to request clarification on the following points: (i). Can the medical facility add extra content to the commitment form beyond what is prescribed in official templates? (ii). According to the law, which commitments are mandatory for patients? (iii). Which commitments are optional for patients?

A transparent, two-way discussion helps both parties understand each other better, streamlining paperwork and allowing the treatment process to begin promptly. When a patient arrives at the hospital with a willingness to fulfill their legal obligations—such as respecting hospital rules, complying with procedures, and covering treatment costs[4]—then both the medical facility and the patient should prioritize what truly matters: delivering and receiving quality healthcare.

In closing

It’s difficult to guarantee that full consensus will be reached in every case. When that happens, patients themselves should assess their health conditions before making decisions. If they have read the “Consent Form for Surgery, Procedures, and Anesthesia” issued under Circular 32/2023/TT-BYT by the Ministry of Health, they can use that as a reference—clearly stating which parts they agree to when signing.

From a broader perspective, state management agencies should conduct regular audits to ensure that healthcare facilities apply commitment forms and agreements in a consistent and standardized manner. It is crucial that no unauthorized content is added that could disrupt the balance between a patient’s right to receive medical care and a provider’s right to legal protection.

[1] Article 42.1 The 2023 Law on Medical Examination and Treatment

[2] https://thuvienphapluat.vn/phap-luat/ho-tro-phap-luat/mau-giay-cam-ket-chap-thuan-phau-thuat-thu-thuat-va-gay-me-hoi-suc-01bv2-theo-thong-tu-322023ttbyt-136369.html

[3] Articles 117, 122, 128 The 2025 Civil Code

[4] Article 17 The 2023 Law on Medical Examination and Treatment

This article by Mr. Do Duc Anh titled “Balancing Risks and Responsibilities in Providing Medical Services” was originally published in The Saigon Times, No.42-2025 (1.818) on October 16, 2025.