Can a clinic in Vietnam be granted a practicing certificate?

by NguyenThiThuTrang

“Dear lawyer, I just finished my medical college, currently working at a clinic in the district. Can a lawyer advise me when I work at the clinic, can I get a practicing certificate? What are the conditions for granting la? How long does it take to work at the clinic to receive a practicing certificate? Please consult a lawyer”. Thank you for sending us your question, to answer your questions as well as the question “Can a clinic in Vietnam be granted a practicing certificate?” Please refer to our article below to clarify the issue.

Law on medical examination and treatment 2009

What is a license to practice?

The practice license/practice certificate is one of the very important documents and by looking at it, it is possible to assess the professional capacity as well as the skills of the person who is granted the practicing certificate. Accordingly, a practicing certificate is generally understood as a diploma that a competent Vietnamese state agency or a professional association is authorized by the State to grant to individuals with sufficient professional qualifications and professional experience. about a certain industry. For each different profession, they will be granted a corresponding practicing certificate, suitable for their business lines.

– Validity of practice certificates: for practice certificates granted abroad, they are not valid in Vietnam (except for special cases of specialized law or international treaties to which Vietnam is a contracting party). member states otherwise.)

– For conditional business lines, a practicing certificate is required, this is one of the important basic factors before that business goes into operation. However, in fact, for an enterprise conducting a business in a line or profession that must have a practicing certificate as prescribed by law, the business registration or additional registration of such business line must comply with the provisions of this Law. determined as follows:

  • The director of the enterprise or the head of the business establishment must have a practicing certificate, for an enterprise conducting the lines of business that the law requires the director of the enterprise or the head of the business establishment to have the certificate of. practice according to regulations.
  • The director of that enterprise and at least one professional officer as prescribed by that specialized law must have a practicing certificate, applicable to an enterprise conducting business lines or trades that the law requires the director and other persons to have. have a practicing certificate as prescribed.
  • At least one professional officer as prescribed by law in that specialized field must have a practicing certificate, applicable to enterprises conducting business lines and trades that the law does not require the director or head of the business establishment to have practicing certificate.

Regarding the conditions for granting practice certificates according to current regulations

Point b, Clause 1, Article 24 of the 2009 Law on Medical Examination and Treatment stipulates the conditions for granting practice certificates to physicians as follows:

“Article 24. Certification of practice process

  1. A person with a medical professional degree granted or recognized in Vietnam, before being granted a practice certificate, must have practiced at the following medical examination and treatment establishments:

a) 18 months of practice at a hospital or research institute with a hospital bed (hereinafter referred to as a hospital) for doctors;

b) 12 months of hospital practice for physicians;

c) 09 months of practice at a hospital with an obstetrics department or at a maternity home for student households;

d) 09 months of practice at medical examination and treatment establishments for nurses and technicians.

  1. The head of the medical examination and treatment establishment is responsible for certifying in writing the practice process for the person who has practiced at his/her facility, including the contents of time, professional capacity, and ethics. professional ethics.”

You have been working in a private clinic for 6 months. According to the above regulations, you are not eligible to be granted a practicing certificate because the requirement for doctors is to have 12 months of practice at the hospital.

In addition, you also need to meet the conditions specified in Article 18 of the Law on Medical Examination and Treatment:

“Article 18. Conditions for granting practice certificates to Vietnamese people

  1. Having one of the following diplomas or certificates suitable to the form of medical examination and treatment practice:

a) Professional diplomas related to health are granted or recognized in Vietnam;

b) Certificate of being a physician;

c) A certificate of being a person who has a traditional medicine or a method of treating a disease.

  1. Having a written certification of the practice process, except for the case of a physician, a person who has a traditional remedy or a method of treating a disease.
  2. Having a certificate of health enough to practice medical examination and treatment.
  3. Not falling into the case of being banned from practicing medicine or doing jobs related to medical or pharmaceutical expertise according to court judgments or decisions; being prosecuted for penal liability; are in the time of serving a criminal sentence, 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.”

Procedures for applying for a license to practice medicine

Article 27 of the Law on Medical Examination and Treatment 2009 and Article 7 of Circular No. 41/2011/TT-BYT guiding the issuance of practice certificates to practitioners and granting operation licenses to medical examination and treatment establishments An application for a medical practice license (practice certificate) includes:

An application form for a practicing certificate, made according to form 01 specified in Appendix 01 issued with this Circular and two 04 x 06 cm photos taken on a white background within a period not exceeding 06 months from the date of application;

Lawful copies of diplomas and certificates of professional qualifications suitable to the scope of practice;
Certificate of legal practice, certified by the head of the agency (for working officials); For retired or retired cadres, it can be replaced with a social insurance book or a confirmation of the process of participating in social insurance. If the practice period is at private medical and pharmaceutical establishments, a certificate of practice time and a copy of the labor contract must be attached;
Curriculum vitae certified by the People’s Committee of the commune, ward or township (hereinafter referred to as the commune) of the place of residence or certified by the head of the unit where he/she works;

A certificate of fitness for practice, issued by a medical examination and treatment establishment that fully meets the conditions prescribed by the Minister of Health.
Letter of consent for private practice of medicine or pharmacy outside office hours of the head of the agency (for officials who are working); Legal copy of Decision on retirement or retirement (for retired or retired ministries);
A commitment to strictly comply with the provisions of the Law on People’s Health Protection, the Ordinance on Private Medical and Pharmaceutical Practice, documents guiding the implementation of the Law, Ordinance and relevant professional regulations (according to sample);

Photocopy of permanent residence and proof (when submitting the application, bring the original for comparison);
Judicial history card.

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Frequently asked questions

Procedure for considering application for a practicing certificate?

After receiving the application for a practicing certificate, the Ministry of Health or the provincial Department of Health (hereinafter referred to as the application-receiving agency for short) shall send the application for the practice certificate to the applicant. according to the provisions in Appendix 03 issued together with Circular 41/2011/TT-BYT guiding the issuance of practice certificates to practitioners and the granting of operation licenses to medical examination and treatment establishments;
Within 60 days after receiving a complete dossier, the Minister of Health or the Minister of National Defense or the Director of the Department of Health must issue a practicing certificate; in case verification is required for a person who has been trained abroad or has a practicing certificate issued by a foreign country, the time limit may be longer but must not exceed 180 days; if the practice certificate is not granted, it must reply in writing and state the reason.
Within 30 days after receiving a complete dossier, the Minister of Health or the Minister of National Defense or the Director of the Department of Health must re-issue the practice certificate; if the practice certificate is not re-granted, it must reply in writing and state the reasons therefor.

What are the regulations on issuing practice certificates?

The practice certificate shall be issued by the Minister of Health or the Director of the Provincial Department of Health using the form specified in Appendix 04 and the code specified in Appendix 05 issued together with Circular 41/2011/TT-BYT and each individual is only granted one practicing certificate. Practice certificates are managed and provided by the Ministry of Health.
The copy of the practice certificate and the application file for the grant or re-grant of the practice certificate shall be kept at the practice certificate-issuing agency.

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