Chương 3: Điều kiện hành nghề y, dược tư nhân tại việt nam của tổ chức, cá nhân nước ngoài, người việt nam định cư ở nước ngoài

Chapter III

CONDITIONS FOR PRIVATE MEDICINAL OR PHARMACEUTICAL PRACTICE IN VIETNAM BY FOREIGN ORGANIZATIONS AND INDIVIDUALS, OVERSEAS VIETNAMESE

Article 17.- Foreign organizations and individuals and overseas Vietnamese may invest in the fields of medical examination and treatment (including medical examination and treatment by traditional medicine), pharmacy, vaccines, medical bio-products and/or medical equipment in Vietnam in forms prescribed in the Law on Foreign Investment in Vietnam as follows:

1. Business cooperation on the basis of business cooperation contracts.

2. Joint-venture enterprises.

3. Enterprises with 100% foreign capital.

Article 18.- Overseas Vietnamese, foreign individuals residing permanently in Vietnam may invest in the fields of medical examination and treatment (including medical examination and treatment by traditional medicine), pharmacy, vaccines, medical bio-products, medical equipment in Vietnam in forms of investment applicable to overseas Vietnamese and foreigners permanently residing in Vietnam, which are prescribed in the Law on Domestic Investment Promotion.

Article 19.- Foreign organizations and individuals and overseas Vietnamese invest in the fields of private medical examination and treatment, pharmacy, vaccines, medical bio-products and/or medical equipment and facilities in Vietnam under the provisions in Articles 17 and 18 of this Decree, the provisions of the Ordinance on Private Medicinal and Pharmaceutical Practice and legal documents guiding the implementation of this Ordinance.

Article 20.- The Health Ministry shall grant certificates of full satisfaction of conditions for private medicinal or pharmaceutical practice to foreign individuals and organizations as well as overseas Vietnamese, if they fully meet the following conditions:

1. Having the demand and satisfying the demand of caring for and protecting the health of Vietnamese and/or foreigners in Vietnam.

2. Having enough conditions on location, medical equipment and other necessary conditions according to the Health Ministry's regulations.

3. The heads of foreign-invested medical examination and treatment establishments, the heads or the persons performing the professional management of establishments dealing in pharmacy, vaccines, medical bio-products must satisfy all conditions and be granted professional practice certificates by Vietnam's Health Ministry according to the provisions of the Ordinance on Private Medicinal and Pharmaceutical Practice and this Decree.

Article 21.-

1. Foreign individuals and overseas Vietnamese doing professional work in private traditional medicine and pharmacy establishments prescribed in Clause 2, Article 14 of the Ordinance on Private Medicinal and Pharmaceutical Practice shall be granted licenses by the Health Ministry if they fully meet the following conditions:

a) Having lawful professional diplomas granted by their host countries;

b) Having lawful professional practice certificates or written certification of practicing profession for more than 3 years (up to the time of application for licenses), granted by their host countries;

c) Having good health conditions for professional practice as prescribed;

d) Having legal records certified by competent bodies of the host countries as not being subjects defined in Article 6 of the Ordinance on Private Medicinal and Pharmaceutical Practice;

e) Having work permits granted by Vietnamese agencies performing the State management over labor.

2. Depending on the practical situation, the Health Ministry shall specify domains where foreigners are given priority in, or restricted from, medicinal or pharmaceutical practice in Vietnam.

Article 22.-

1. Foreigners directly involved in examination and treatment of patients must be fluent in Vietnamese or have interpreters. Their prescriptions must be written in Vietnamese and the language of the foreigners who directly give the medical examinations and prescriptions.

2. The interpreters prescribed in Clause 3, Article 14 of the Ordinance on Private Medicinal and Pharmaceutical Practice must satisfy all the following conditions:

a) Having medical diploma, traditional medicine or pharmacy diploma of intermediate or higher level, or being galenic physicians;

b) Having university diploma in foreign languages compatible with the languages used by foreigners who directly give medical examination and treatment.

3. For private medical establishments, private traditional medicine establishments which currently cannot meet the conditions prescribed at Point b, Clause 2 of this Article, the directors or heads of such establishments shall be allowed to use interpreters with certificates of foreign language qualification of C or higher degree until the end of December 31, 2007. The establishment directors or heads must bear responsibility for the professional qualifications of such interpreters.