The Ministry of Health is finalizing regulations regarding compensation responsibilities for serious post-vaccination incidents to protect citizens’ interests and clearly define the roles of involved parties. The new draft focuses on transparency in determining causes and the procedures for damage payouts.
Delineation of Compensation Responsibility The compensation mechanism is categorized into two groups based on the nature of the vaccination activity:
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Mandatory Vaccination: Includes the Expanded Program on Immunization and anti-epidemic vaccinations. In the event of severe adverse effects, the State will provide compensation using the national budget.
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Voluntary Vaccination: For private services, the responsibility lies with the service provider or the vaccine manufacturer under the Civil Code if the product is sub-standard or if procedural errors occur.
Benchmarks and Objective Assessment The draft maintains a maximum support level of 30 times the statutory base salary for cases resulting in permanent disabilities, and approximately 100 million VND for emotional distress in fatal cases. To ensure fairness, Professional Advisory Councils will operate independently, comprising leading experts in vaccines, epidemiology, and clinical medicine. Notably, individuals directly involved in the specific vaccination incident are prohibited from joining the council to prevent conflicts of interest.
Legal Rights for the Public Citizens retain the right to appeal to higher authorities or request the formation of a National Professional Council if they disagree with initial findings. Furthermore, the right to file civil or administrative lawsuits in court is fully guaranteed. A key highlight is the “State pays first” principle for mandatory vaccinations to provide timely support, with the budget subsequently reimbursed by relevant entities if faults in manufacturing or storage are identified.