Hello Lawyer. My name is Tam. Due to my limited knowledge of the law, I came here to ask for an answer from a lawyer. Specifically, the application for a doctor’s practice certificate in 2022? Looking forward to hearing from you soon.
Thank you for trusting customers to ask questions, below is the answer to Lawyer X’s questions:
Legal ground
Decree 109/2016/ND-CP
Conditions for granting a doctor’s practice certificate
Have a doctor’s degree granted or recognized in Vietnam
There is a document certifying the practice process according to regulations.
Having a certificate of health enough to practice medical examination and treatment.
Not being in 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 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 particular, for the request for a document certifying the practice process as prescribed, the following provisions should be noted:
– A written certification of the practice process, issued by the head of the medical examination and treatment establishment, which is responsible for certifying in writing the practice process for the person who has practiced at his/her facility, including the content of the time of practice. time, professional capacity, professional ethics.
– The doctor practice period is 18 months of practice at the hospital, the research has a hospital bed.
Dossiers for issuance of medical practice certificates in 2022?
Dossier to apply for the first-time grant of a doctor’s practice certificate includes:
(1) An application form for a doctor’s practice certificate according to the Form.
(2) A valid copy of the Doctor’s degree in accordance with the scope of professional activities for which the practice certificate is requested.
In case of loss, there must be a graduation certificate or a valid copy of the certificate of replacement of the diploma issued by the training institution where the professional diploma was granted.
(3) Certificate of practice according to the Form or valid copies of diplomas of resident doctor, specialist doctor I, specialist doctor II.
(4) Certificate of full health, issued by a medical examination and treatment facility as prescribed.
(5) Criminal record card.
(6) Autobiographical curriculum vitae, made according to Form 03, certified by the head of the unit where he/she works, for the applicant for a practice certificate who is working in a medical facility at the time of application for the practice certificate. profession or a curriculum vitae certified by the People’s Committee of the commune, ward or township where they permanently reside, for applicants for a practice certificate who do not work for any medical facility at the time of application. practicing certificate.
(7) Two 04 cm x 06 cm color photographs taken on a white background within a period not exceeding 06 months, up to the date of application.
The application for a medical practice certificate is submitted as follows:
An applicant for a doctor’s practice certificate in the following cases shall send 01 set of dossiers to the Ministry of Health:
- People working at medical examination and treatment establishments under the Ministry of Health;
- Persons working at medical examination and treatment establishments belonging to other ministries (except for cases under the authority of the Director of the Department of Health, the Minister of National Defense).
– The applicant for a practicing certificate of a doctor working at medical examination and treatment establishments in the area under the management of the Department of Health (except for the case mentioned above) shall send 01 set of dossier to the Department of Health.
**In case the practitioner does not work at any medical examination and treatment facility at the time of application for a practice certificate, he/she shall submit a dossier to the Department of Health, the place of permanent residence registration, to request the issuance of a practicing certificate. Only practice as a Doctor.
Procedures for granting and managing a doctor’s practice certificate
After receiving the application file for a doctor’s practice certificate, the Ministry of Health or the Department of Health (hereinafter referred to as the application-receiving agency for short) shall issue the application receipt form to the applicant. , As follows:
In case the application is submitted directly at the application-receiving agency, if the application is complete as prescribed, the application-receiving agency shall immediately send the application for the doctor’s practice certificate to the applicant for a doctor’s practice certificate;
In case the application is sent by post, within 02 days from the time of receipt of the application (according to the incoming postmark), the application-receiving agency shall send a receipt note to the applicant. only practice as a Doctor;
Within 20 days from the date on which the application is received, the application-receiving agency must conduct an appraisal of the application and issue a written appraisal.
If the application is valid, within 10 working days from the date of the appraisal record, the agency receiving the application shall issue a doctor’s practice certificate.
In case the application is not valid:
Within 05 working days from the date of issuance of the appraisal minutes, the application-receiving agency must send a written notice to the applicant for the medical practice certificate to complete the dossier. The written notice must specify the documents that need to be supplemented and the contents that need to be amended.
– Upon receiving a written request to complete the dossier, the applicant for a doctor’s practice certificate must amend and supplement in accordance with the contents recorded in the document and send the additional dossier to the next agency. receive records. The application-receiving agency shall send an additional application-receiving slip to the applicant for a doctor’s practice certificate.
The application-receiving agency shall continue to carry out the procedures for granting a doctor’s practice certificate as prescribed. If the additional dossier is still invalid, the application-receiving agency shall continue to guide the applicant for the practice certificate to complete the application.
In case the application-receiving agency has requested to amend or supplement the dossier, within 60 days from the date the application-receiving agency makes a written request, the applicant for the practice certificate If a doctor fails to supplement or modify his/her dossier, he/she must start over from the beginning of the dossier and procedures for applying for a doctor’s practice certificate.
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Frequently asked Questions
Pursuant to Article 11 of Decree 109/2016/ND-CP stipulating that the advisory council on the grant and re-issuance of practice certificates includes:
The Minister of Health or the Director of the Department of Health shall establish an Advisory Council on the grant and re-issue of practice certificates (hereinafter referred to as the Advisory Council) in accordance with the provisions of Clause 4, Article 28 of the Law on Medical Examination. , Healing.
The Chairman of the Advisory Council is responsible for directing the elaboration of the operation regulations of the Advisory Council to submit to the Minister of Health or the Director of the Department of Health for approval and organizing the implementation after it is approved.
Pursuant to Article 9 of Decree 109/2016/ND-CP stipulating the submission of dossiers of application for issuance or re-grant of practice certificates as follows:
The application for the grant or re-grant of a practicing certificate under Articles 5, 6, 7, and 8 of this Decree shall be submitted as follows:
a) An applicant for the grant or re-grant of a practicing certificate in the cases specified at Points a, b and c, Clause 1, Article 26 of the Law on Medical Examination and Treatment shall send 01 dossiers to the Ministry of Health;
b) The applicant for the grant or re-grant of a practicing certificate working at medical examination and treatment establishments in the area under the management of the Department of Health, except for the case specified at Point an of this Clause, shall send 01 sets of the dossier to the Department of Health. Health service Dept.
In case a practitioner has been granted a practicing certificate by the Ministry of Health or the Department of Health, but at the time of application for issuance or re-grant of a practicing certificate, the practitioner changes his/her workplace, the following documents shall be submitted. :
a) Practitioners who are working at medical examination and treatment establishments under the management of the Department of Health shall submit their dossiers to the Department of Health where such medical examination and treatment establishment is located;
b) Practitioners who are working at medical examination and treatment establishments under the management of the Ministry of Health shall submit dossiers to the Ministry of Health.
In case the practitioner does not work at any medical examination and treatment facility at the time of application for the grant or re-grant of a practicing certificate, he/she shall submit a dossier to the Department of Health, the place of permanent residence registration, to request the grant or re-grant of a practicing certificate. , re-issuance of practice certificates.
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