“Hello, Lawyer! My lawyer asked me: What are the conditions for setting up a home health care business? I intend to set up a private business in Ho Chi Minh City, with a staff of nurses, operating in the field of Home Health Care (including things like changing dressings, cutting sutures, infusions, taking care of patients. , the elderly, children, postpartum women… at home), so what conditions do I need, what are the records? Looking forward to receiving a response from the Lawyer. Thank you.
Thank you for submitting your question to us Lawyer X will answer your questions as follows:
Legal grounds:
Enterprise Law 2020
Consulting content
Conditions for establishing a home health care company.
However, to be able to set up a home health care company, you need to meet the following conditions:
Under Article 33 of Circular 41/2011/TT-BYT stipulates as follows:
“Article 33. Conditions for granting operation licenses for home health care service establishments
Medical equipment:
Firstly, having enough medical equipment and instruments suitable to the scope of professional activities registered by the service establishment.
Personnel:
a) The person in charge of professional and technical expertise for a home health care service establishment must be a medical intermediate graduate or higher; have a practicing certificate and have medical examination and treatment period of at least 45 months;
b) In addition to the person in charge of professional and technical expertise of the home health care service establishment; other subjects working in home health care service establishments if a medical examination is performed; for medical treatment, they must have a practicing certificate and can only perform medical examination; medical treatment within the scope of assigned work. The assignment must be consistent with the scope of professional activities stated in the practice certificate of that person.
Scope of professional activities:
a) Home health care according to a doctor’s prescription;
b) No infusion; do not examine, treat and prescribe drugs.”
Procedure for setting up a home health care company
Step 1: Above all, the medical examination and treatment facility that applies for an operation license submits its application to the Department of Health;
Step 2: Then, the receiving team transfers the application to the Medicine and Pharmacy practice management office. Specialists are assigned to check the validity and completeness of the documents contained in the dossier.
– In case the application is not valid, within 10 working days, from the date on which the application received, the Department of Health must notify the applicant in writing to complete the application. So, time to process procedures will be counted from the date of receiving complete and additional dossiers;
– In case there are not enough valid dossiers, require additional requests.
Step 3: The secretariat schedule to appraise the facility, submit it to the Director of the Department for approval.
Step 4: The appraisal team conducts the appraisal of the facility; report the assessment results to the Director of the Department. In case of refusal to issue an operation license, the Department of Health must reply in writing and state the reasons therefore;
Step 5: Return the operating license to the establishment.
Profile composition
– An application form for an operation license made according to the prescribed form;
– After that, certified copy of the establishment decision, for medical examination and treatment establishments; State medical treatment or a business registration certificate for medical examination and treatment establishments; private medical treatment or an investment certificate for foreign-invested medical examination and treatment establishments;
– Then, certified copies of practice certificates of all practitioners;
– A list of people registered for the practice of the medical examination and treatment establishment according to the prescribed form;
– A declaration of physical facilities, medical equipment, of the medical examination and treatment establishment according to the prescribed form;
– Personnel records of the person who works in the medical profession at the facility but is not required to issue a practicing certificate;
– Documents proving the medical examination establishment; medical treatment satisfying conditions on medical facilities and equipment; organize personnel by the scope of professional activities of one of the prescribed organizational forms;
– Estimated scope of professional activities: The medical examination and treatment establishment proposes the scope of professional activities; the list of techniques to be implemented based on the list of specialized techniques promulgated by the Minister of Health.
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Please contact us immediately if you have any questions about “Conditions for establishing a home health care business in Vietnam “
Related article:
Procedures and dossier for dissolution of Joint-Stock Company at Vietnamese
Guide to convert private enterprise into partnership in Vietnam
Frequently asked questions
The owner of a sole proprietorship has full authority to decide all matters of the company without any restriction or restriction. However, being self-employed, self-founded, and operated will sometimes have certain difficulties and risks. At this time, the owner of a private business is entitled to hire a director to carry out his business.
So, article 175. Restrictions on rights of general partners
1. A general partner may not be the owner of a private enterprise or a general partner of another partnership; unless otherwise agreed by the remaining general partners.
Thus, a general partner can still be the owner of a private business but must obtain the consent of the remaining general partners.
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