Laws of Vietnam

GENERAL PROVISIONS

Article 1.- Medical examination and treatment practice certificates defined in this Circular are documents granted to individuals by the Health Ministry, the Health Services of the provinces and centrally-run cities (collectively referred to as the provinces) after considering that such individuals are professionally and ethically qualified and have adequate professional experience for business registration of medical examination and treatment services (hereinafter referred to as the medical examination and treatment service registration) according to the provisions of the Law on Enterprises and documents guiding the implementation of this Law.

Article 2.- Eligible for being granted medical examination and treatment practice certificates are medical doctors, pharmacists (registration of testing practice), bachelors who have graduated from universities for biology or chemistry, assistant medical doctors, and graduates from medical intermediate schools.

Article 3.- Medical examination and treatment practice certificates shall be granted only to individuals, not to organizations. Each individual shall only be granted one certificate and entitled to use such certificate for registration of medical examination and treatment services at one place.

Medical examination and treatment practice certificate grantees shall have to pay fees according to the current regulations.

Article 4.- Medical examination and treatment practice certificate holders must not transfer, lend, lease their certificates to others nor use their certificates for registration of medical examination and treatment services.

Chapter II

CRITERIA FOR BEING CONSIDERED FOR GRANTING OF MEDICAL EXAMINATION AND TREATMENT PRACTICE CERTIFICATES

Article 5.- General criteria

1. Individuals who wish to be granted medical examination and treatment practice certificates must satisfy the following criteria:

1.1. Possessing graduation diplomas of the Medicine or Pharmacy universities, other universities, medical colleges or medical intermediate schools, and having enough professional practice time as prescribed for each form of professional practice.

1.2. Having professional ethics, full civil act capacity and good health for medical examination and treatment practice.

1.3. Being knowledgeable about the Law on Protection of People’s Health, the Ordinance on Private Medical and Pharmaceutical Practices and the Government’s Decree No.46/CP of August 6, 1996 on sanctions against administrative violations in the domain of State management over medical activities.

1.4. Being knowledgeable about the 12-point Regulation on Medical Ethics (promulgated together with the Health Minister’s Decision No.2088/QD-BYT of January 6, 1996), the Hospital Regulation (promulgated together with the Health Minister’s Decision No.1895/1997/QD-BYT of September 19, 1997), and the Regulation on management of medical waste (promulgated together with the Health Minister’s Decision No.1895/1997/QD-BYT of September 19, 1997).

1.5. Being committed to comply with the above-said legal documents (at Points 1.3 and 1.4), observe the medical professional and technical regulations and other relevant legal documents.

2. Persons, who are currently disciplined or administratively handled for their violations of the regulations on medical professional and technical regulations or for their irresponsibility toward their patients, and persons, who are examined for penal liability or sentenced to imprisonment but not yet have their sentences wiped out or are sentenced by court for their violations of the medical professional and technical regulations, shall not be considered for granting of medical examination and treatment practice certificates.

Article 6.- Specific criteria: In addition to the general criteria prescribed in Article 5 of this Circular, the applicants for medical examination and treatment practice certificates shall have to meet the following specific criteria:

1. The applicants for medical examination and treatment practice certificates for purposes of registering hospitals or medical examination and/or treatment services enterprises must be general or specialized physicians who have practiced for 5 years at State-run hospitals, non-public hospitals or foreign-invested hospitals.

2. For applicants for medical examination and treatment practice certificates for purposes of registering medical examination and treatment services by individuals or private business households:

They must be general or specialized physicians who have practiced their profession for 5 years at lawful medical examination and treatment establishments.

They must be general physicians or medical doctors specialized in internal medicine, who have practiced for 5 years at lawful medical examination and treatment establishments.

In high-land areas, they must be assistant physicians having practiced for 5 years at lawful medical examination and treatment establishments or physicians having practiced for 3 years at lawful medical examination and treatment establishments.

They must be doctors specialized in surgery, having practiced at lawful medical examination and treatment establishments for 5 years, of which at least 3 years for surgical practice.

They must be doctors specialized in gynecology and obstetrics, having practiced at lawful medical examination and treatment establishments for 5 years, of which at least 3 years for gynecological and obstetric practice.

In mountainous areas, they must be assistant obstetricians and pediatricians or midwives of intermediate or higher level, who have practiced at lawful medical examination and treatment establishments for 5 years.

They must be specialized facio-odontological doctors having practiced at lawful medical examination and treatment establishments for 5 years, of which at least 3 years for facio-odontological practice.

In mountainous areas, they must be facio-odontological assistant doctors or child dental-care assistant doctors having practiced at lawful medical examination and treatment establishments for 5 years or specialized doctors having practiced their specialties at lawful medical examination and treatment establishments for 3 years.

They must be specialized oto-rhino-laryngological doctors having practiced at lawful medical examination and treatment establishments for 5 years, of which at least 3 years for specialty practice.

They must be specialized ophthalmological doctors having practiced at lawful medical examination and treatment establishments for 5 years, of which at least 3 years for ophthalmological practice.

In mountainous areas, they must be ophthalmological assistant doctors having practiced at lawful medical examination and treatment establishments for 5 years.

They must be physicians having practiced at lawful medical examination and treatment establishments for 5 years, of which at least 3 years for practice in plastic or aesthetic surgery.

They must be physicians having practiced at lawful medical examination and treatment establishments for 5 years, of which at least 3 years for practice in convalescence, functional rehabilitation and physical therapeutics.

They must be doctors specialized in image diagnosis having practiced their specialty at lawful medical examination and treatment establishments for 5 years.

In mountainous areas, they must be doctors having practiced at lawful medical examination and treatment establishments for 5 years, of which at least 3 years for practice in image diagnosis specialty.

They must be physicians, pharmacists or bachelors (university graduates) of biology or bio-chemistry, who have practiced their specialties at lawful medical examination and treatment establishments for 5 years.

In mountainous areas, those who make practice registration must be physicians, pharmacists or bachelors of biology or bio-chemistry, who have practiced at lawful medical examination and treatment establishments for 5 years., of which at least 3 years for specialty practice.

They must be gynecological and obstetric doctors or midwives of intermediate or higher level, who have practiced at lawful medical examination and treatment establishments for 5 years.

In mountainous areas, they must be gynecological and obstetric doctors or midwives of intermediate or higher level, who have practiced at lawful medical examination and treatment establishments for 3 years. The practice certificate grantees must be full-time practitioners.

Chapter III

DOSSIERS, PROCEDURES AND COMPETENCE FOR GRANTING MEDICAL EXAMINATION AND TREATMENT PRACTICE CERTIFICATES

Article 7.- Dossiers include:

1. An application for medical examination and treatment practice certificate;

2. Copies of specialty diploma(s) and certificate(s) (notarized by the State Notary Public);

3. Curriculum vitae, certified by the local administration;

4. Health check certificate (health certificate) granted by a medical center of urban district/rural district or higher level;

5. Written permit for extra-time practice from the head of the managing agency if the applicant is a public employee;

6. Written certification that the applicant has practiced at a lawful medical examination and treatment establishment according to the provisions of Article 6 of this Circular.

Article 8.- Procedures:

1. The procedures for considering and granting medical examination and treatment practice certificates by the Health Minister: Individuals shall file their dossiers to the Health Services of the provinces where they intend to register medical examination and treatment services. The Professional Council shall examine dossiers and compare them with current law provisions, then report the cases in writing to the Health Service’s Director. The Health Services shall send their written proposals together with all the individuals’ dossiers to the Health Ministry (the Therapy Department).

2. The procedures for considering and granting practice certificates to owners of medical examination and treatment establishments by Directors of provincial/municipal Health Services: Individuals shall file their dossiers to the provincial Health Services where they intend to register medical examination and treatment services. The provincial/municipal Health Services’ sections managing the private medical and pharmaceutical practices shall examine the relevant dossiers, and if such dossiers are valid, notify applicants of their eligibility to participate in written exams of knowledge of the medical legislation, professional regulations, medical ethics and universal national health programs.

3. The Health Ministry and the provincial/municipal Health Services shall organize inspections once every quarter.

Article 9.- Competence to grant medical examination and treatment practice certificates

1. The Health Minister shall grant medical examination and treatment practice certificates for registration of hospitals or enterprises providing medical examination and treatment services. Medical examination and treatment practice certificates shall be valid nationwide for 5 years from the date of issuance. 5 years after being granted certificates, the medical examination and treatment practice certificate holders shall have to produce to the Health Ministry written certifications that they have joined training courses for updating specialty knowledge and universal national health programs, for carrying out the procedures for extending medical examination and treatment practice certificates.

2. The Health Services of the provinces and centrally-run cities (collectively called provinces) shall consider and grant medical examination and treatment practice certificates for registration of medical examination and treatment services provided by individuals and private business households. Such medical examination and treatment practice certificates shall be valid within the provincial territories for 3 years from the date of issuance. 3 years after being granted certificates, medical examination and treatment practice certificate holders shall have to produce to the provincial/municipal Health Services written certifications that they have joined training courses for updating specialty knowledge and universal national health programs, for carrying out the procedures for extending medical examination and treatment practice certificates.

3. The Health Ministry shall set up a Professional Council to assist the Health Minister in inspecting and considering the criteria for granting medical examination and treatment practice certificates. The Council shall be composed of a Vice Minister in charge of therapy as its Chairman, the Therapy Department’s director as its Deputy Chairman, a representative of the Vietnam Medicine and Pharmacy Society, a specialty representative and other members.

4. The provincial-level Health Services shall set up professional councils to assist the Services’ directors in inspecting and considering the criteria for granting medical examination and treatment practice certificates. Such a council shall be composed of a member of the Service’s leadership as its chairman, the head of the medical operation section as its deputy chairman, representative(s) of the provincial medicine society, specialty representatives in the province and other persons as its members.

5. Annually, the provincial/municipal Health Services shall organize training courses for popularizing and updating knowledge of universal national medical programs, legal documents on private medical practice and other relevant regulations. Those who register private medical practice shall have to participate in such courses and abide by such courses’ regulations.

6. Medical examination and treatment practice certificates shall be sent and kept as follows:

- Each practice certificate granted by the Health Minister shall be made in 3 copies: One shall be kept at the Health Ministry (the Therapy Department), one sent to the Health Service of the province where the medical examination and treatment services are registered, and another sent to the applicant.

- Each practice certificate granted by the director of the provincial/municipal Health Service shall be made in 2 copies: One shall be kept at the Health Service, another handed to the applicant.

7. The set form of medical examination and treatment practice certificates is enclosed with this Circular (Not printed herein).

Chapter IV

HANDLING OF VIOLATIONS

Article 10.- Persons who violate the provisions of this Circular shall, depending on the nature and seriousness of their violations, be disciplined, administratively handled or examined for penal liability according to the provisions of law.

1. Medical examination and treatment practice certificate holders shall have their certificates withdrawn in the following cases where they:

1.1. Transfer or assign their medical examination and treatment practice certificates;

1.2. Lend or hire out their medical examination and treatment practice certificates;

1.3. Use their medical examination and treatment practice certificates for wrong purposes;

1.4. Practice medical examination and treatment activities beyond the permitted scope or in violation of the medical operational and technical regulations, thus seriously damaging the patients’ health.

1.5. Breach regulations on the medical ethics or violate laws.

2. The bodies competent to grant medical examination and treatment practice certificates can withdraw the already granted medical examination and treatment practice certificates in the cases prescribed in Clause 1 of this Article.

Chapter V

IMPLEMENTATION PROVISIONS

1. Medical examination and treatment practice certificates shall be valid for the business registration of medical examination and treatment services. Before conducting medical examination and treatment activities, the medical examination and treatment establishments shall have to implement the provisions of the Ordinance on Private Medical and Pharmaceutical Practices and legal documents guiding the implementation thereof.

2. The director of the Therapy Department shall coordinate with the functional departments and the Inspectorate of the Health Ministry in organizing the guidance, direction, examination and inspection of the implementation of this Circular.

This Circular takes effect 15 days after its signing. Any difficulty or problem arising in the course of implementation should be reported by the concerned units and localities to the Health Ministry (the Therapy Department) for study and solution.

For the Health Minister
Vice Minister
LE NGOC TRONG