Can foreigners establish hospitals in Vietnam? Conditions for granting medical examination and treatment practice certificates in Vietnam. Let us learn about this topic with LSX Law firm below:
Legal grounds
Commitment to WTO accession, Hospital services (CPC 9311)
Circular 41/2011/TT-BYT
Decision No. 32, 33, 34, 35/2005/QD-BYT
Law on medical examination and treatment 2009
Can foreigners establish hospitals in Vietnam?
According to Vietnam’s commitment to join the WTO, Hospital services (CPC 9311) are:
“Foreign service providers can provide services by establishing a 100% foreign-invested hospital; a joint venture with a Vietnamese partner, or through a business cooperation contract.
The minimum investment capital for a hospital is USD 20 million; a polyclinic is USD 2 million, and a specialized treatment facility is USD 200,000.”
Thus, foreigners can establish a hospital in Vietnam. However, foreigners must meet the conditions prescribed by law.
Conditions for foreigners to establish hospitals in Vietnam
The minimum investment capital for a hospital is 20 million USD.
In addition, the Form of organization and conditions for granting operating licenses of medical examination and treatment establishments are specified in Article 23 of Circular 41/2011/TT-BYT:
Hospital size:
General hospitals must have at least 30 beds or more;
Furthermore, specialized hospitals and traditional medicine hospitals must have at least 20 beds; especially for specialized ophthalmology hospitals using high technology, there must be at least 10 beds.
Infrastructure:
Firstly, design and build according to Vietnam Construction Standard No. 365:2007. Particularly for emergency departments, intensive care, and poison control departments, surgery departments; radiology departments, and testing departments; the design and construction must strictly comply with the provisions of Decision No. , 33, 34/2005/QD-BYT dated October 31; 2005, and No. 35/2005/QD-BYT dated November 15, 2005, of the Minister of Health;
Besides, In case the hospital is in the district of a centrally-run city without ensuring the construction land area according to the provisions of Vietnam Construction Standard No. 365:2007, it can be designed, built in the form of block and high-rise buildings but must satisfy the following conditions:
– Arrange departments, rooms, and corridors to ensure professional activities according to a centralized; continuous, and closed model within the hospital’s campus; ensure aseptic conditions and environmental sanitation conditions as prescribed by law;
Moreover, Ensure the construction floor area is at least 50 m2/patient bed or more; The width of the front (facade) of the hospital must reach at least 10 m. Hospitals that were in operation before January 1, 2012; are allowed to continue operating but must meet the prescribed conditions on the width of the hospital’s front by January 1, 2016.
In addition, Ensure conditions on radiation safety, medical waste management, fire prevention, and fighting according to the provisions of law;
Finally, Make sure there is enough electricity, water, and other conditions to take care of the patient.
Medical equipment:
Having enough medical equipment and instruments suitable to the scope of professional activities registered by the hospital;
In addition, there are enough means of emergency transportation inside and outside the hospital. In case there is no emergency vehicle outside the hospital, the hospital must have a contract with the facility that has emergency equipment outside the hospital….”.
Conditions for granting practice certificates to foreigners in Vietnam
According to the provisions of Article 19 of the Law on Medical Examination and Treatment 2009; the conditions for granting practice certificates in Vietnam to foreigners and overseas Vietnamese include:
Firstly, have one of the following diplomas and certificates suitable to the Form of medical examination and treatment practice:
+ Professional diplomas related to health are granted or recognized in Vietnam;
+ Certificate of being a physician;
+ Certificate of being a person who has a traditional medicine or a method to cure a disease.
Secondly, there is a written certification of the practice process, except for a physician who has traditional remedies or has traditional methods of curing diseases.
Furthermore, Have a certificate of health enough to practice medical examination and treatment.
Moreover, Not in the case of being banned from practicing medicine or doing work related to medical and pharmaceutical professions under the judgments or decisions of the Court; being prosecuted for penal liability; are in the time of serving a criminal judgment, a court’s criminal Decision or a decision on application of administrative handling measures; and consignment to an educational institution or medical treatment establishment; is in the period of being disciplined in the form of warning or higher related to medical examination and treatment; loss or limitation of civil act capacity.
In addition, they are Satisfying the requirements on using language in medical examination and treatment specified in Article 23 of the Law on Medical Examination and Treatment 2009.
Have a criminal record certified by a competent authority of the host country.
Finally, Have a work permit issued by a competent state agency in charge of labor in Vietnam under the labor law.
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Related questions
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