Chương II Nghị định 96/2023/NĐ-CP: Cấp giấy phép hành nghề khám bệnh, chữa bệnh

Chapter II

ISSUANCE OF LICENSE TO PRACTICE MEDICINE

Section 1. PRACTICING AS MEDICAL INTERNS

Article 3. Duration and contents of medical internship required for issuance of practicing license

1. The required duration of practicing as a medical intern for a doctor is 12 months, including:

a) The duration for practicing medical examination and treatment is 09 months; and

b) The duration for practicing resuscitation in emergency care medicine is 03 months.

2. The required duration of practicing as a medical intern for a physician assistant is 09 months, including:

a) The duration for practicing medical examination and treatment is 06 months; and

b) The duration for practicing resuscitation in emergency care medicine is 03 months.

3. The required duration of practicing as a medical intern for a nurse, midwife or medical technician is 06 months, including:

a) The duration for practicing medical examination and treatment is 05 months; and

b) The duration for practicing resuscitation in emergency care medicine is 01 month.

4. The required duration of practicing as a medical intern for a clinical nutritionist is 06 months.

5. The required duration of practicing as a medical intern for an out-of-hospital paramedic is 06 months, including:

a) The duration for practicing out-of-hospital emergency care is 03 months; and

b) The duration for practicing resuscitation in emergency care medicine is 03 months.

6. The required duration of practicing as a medical intern for a clinical psychologist is 09 months.

7. Instructions about regulations of law on medical examination and treatment, professional regulations, code of ethics, patient safety, communication skills and behavior of medical practitioners shall be also given during the internship.

8. Based on the scope of practice prescribed by the Minister of Health of Vietnam and in clause 1 through 7 of this Article, the health facility accepting medical interns (hereinafter referred to as “instructing facility”) shall compile specific contents of medical internship appropriate to each professional title for which it accepts medical interns.

Article 4. Leave of absence from medical internship

1. Medical interns will work according to working regimes of the instructing facility. Due to health conditions of the medical intern or in the event of force majeure, a medical internship may be suspended for a maximum period of 12 months while results of completed internship contents of the medical intern will be kept unchanged.

2. Leave of absence procedures:

a) The medical intern will submit an application for leave of absence and support documents indicating his/her reasons for such leave;

b) The head of the instructing facility will consider the received application and decide whether or not to approve the application. If the application is refused, written reasons for refusal shall be given;

c) Within 30 days upon the expiry of the leave of absence period, if the medical intern submits neither a written request for permission to resume internship nor an application for extension of leave of absence period, his/her internship results will be invalidated. Total leave of absence period shall not exceed 12 months.

Article 5. Instructing facilities

1. Instructing facilities for doctors:

a) For medical doctors and preventive medicine doctors: health facilities that have been granted operating license in the form of hospitals;

b) For traditional medicine doctors: health facilities that have been granted operating license in the form of hospitals and whose scope of operation includes traditional medicine;

c) For odonto-stomatology doctors: health facilities that have been granted operating license in the form of hospitals and whose scope of operation includes odonto-stomatology specialty.

2. Instructing facilities for physician assistants:

a) For general physician assistants: health facilities that have been granted operating license in the form of hospitals; polyclinics; health stations of communes, wards or commune-level towns (hereinafter referred to as “commune health stations”);

b) For traditional medicine physician assistants: health facilities that have been granted operating license in the form of hospitals or polyclinics or commune health stations. Traditional medicine must fall within the scope of operation of these facilities.

3. Instructing facilities for nurses: health facilities that have been granted operating license in the form of hospitals.

4. Instructing facilities for midwives: health facilities that have been granted operating license in the form of hospitals or maternity wards or commune health stations. If instructing facilities are hospitals or commune health stations, obstetrics must fall within their scope of operation.

5. Instructing facilities for medical technicians:

a) For medical technicians in medical laboratory technology: health facilities that have been granted operating license in the form of hospitals or clinics or testing facilities. The scope of operation of these facilities must be appropriate to the medical laboratory technology;

b) For medical technicians in medical imaging: health facilities that have been granted operating license in the form of hospitals or clinics or medical imaging facilities. The scope of operation of these facilities must be appropriate to the medical imaging technique;

b) For medical technicians in dental technology: health facilities that have been granted operating license in the form of hospitals or clinics or dental technology facilities. The scope of operation of these facilities must be appropriate to the dental technology;

d) For medical technicians in ophthalmic refraction: health facilities that have been granted operating license in the form of hospitals or clinics or corrective spectacle stores performing refraction tests. The scope of operation of these facilities must be appropriate to the ophthalmic refraction techniques;

dd) For medical technicians in rehabilitation: health facilities that have been granted operating license in the form of hospitals or clinics or rehabilitation facilities. The scope of operation of these facilities must be appropriate to the rehabilitation technique.

6. Instructing facilities for clinical nutritionists: health facilities that have been granted operating license in the form of hospitals, and have nutrition departments.

7. Instructing facilities for out-of-hospital paramedics: health facilities that have been granted operating license in the form of hospitals or out-of-hospital emergency care facilities.

8. Instructing facilities for clinical psychologists: health facilities that have been granted operating license in the form of hospitals or clinical psychology centers. If instructing facilities are hospitals, their scope of operation must include psychiatry or clinical psychology departments must be established.

Article 6. Eligibility requirements and responsibilities of instructing facilities

1. An instructing facility is required to meet the following eligibility requirements:

a) It must be a health facility that has been granted an operating license according to the form of organization prescribed in Article 5 of this Decree;

b) Its scope of operation is suitable for the internship contents specified in Article 3 of this Decree. In case the instructing facility does not have sufficient specialties for the internship contents as prescribed in Article 3 of this Decree, it may enter into contracts with other health facilities whose specialties meet internship contents.

2. Before accepting medical interns, the health facility is required to send its declaration of eligibility to provide medical internship, which is made using Form No. 01 in Appendix I enclosed herewith, and its specific internship program to:

a) The Ministry of Health of Vietnam, for health facilities under this Ministry's management; or

b) Health authority affiliated to the People's Committee of province or city where such health facility is located (including a private health facility), except health facilities under management of the Ministry of Health of Vietnam, the Ministry of National Defence of Vietnam or the Ministry of Public Security of Vietnam.

3. Upon receipt of the declaration of eligibility to provide medical internship, the receiving authority shall give a receipt note using the Form No. 02 in Appendix I enclosed herewith to the sending health facility.

4. Within 15 days from the date specified on the receipt note which is given according to clause 3 of this Article, the receiving authority shall publish information on the instructing facility on its website or web portal and on the healthcare management information system.

If the received documents are not yet satisfactory, the receiving authority shall send a written response indicating reasons therefor to the sending health facility.

Information to be published, as a minimum, includes: name and address of the instructing facility, scope of internship (in case of cooperation in providing medical internship, contents of cooperation and name of the cooperating facility must be also published), and costs of the internship program).

5. Within 15 days from the date specified in the receipt note, if the receiving authority does not send any document notifying that the health facility fails to meet eligibility requirements to provide medical internship or fails to publish information as prescribed in clause 4 of this Article, the health facility may start organizing its medical internship program.

Article 7. Organizing medical internship program

1. Receiving medical interns:

a) A candidate for a medical internship program shall submit an application form which is made using Form No. 03 in Appendix I enclosed herewith and a legitimate copy of one of the professional qualifications specified in Article 8 of this Decree to the instructing facility.

b) Upon receipt of the application form, if approved, the head or the person in charge of professional practices of the health facility that is the instructing facility shall:

- Enter into a medical internship contract with the approved candidate using Form No. 04 in Appendix I enclosed herewith;

- Send an application for registration of list of medical interns, which is made using Form No. 05 in Appendix I enclosed herewith, to the authority receiving its declaration as prescribed in clause 2 Article 6 of this Decree. Such an application must indicate the start date and planned completion date of the internship; and

- Publish the list of medical interns on its website and the healthcare management information system.

2. Assigning instructors:

a) Assignment of instructors will be made using Form No. 06 in Appendix I enclosed herewith;

b) An instructor shall concurrently take charge of no more than 05 interns.

3. Eligibility requirements to be satisfied by an instructor:

a) He/she has obtained a practicing license on which his/her title and scope of practice must be appropriate to the internship contents and the intern to be instructed;

b) His/her training qualification is equivalent or higher than that of the intern; and

c) He/she has been practicing medicine for a consecutive period of at least 03 years.

4. Required title and scope of practice of instructors in some specific cases:

a) If the intern holds a degree of medical doctor, the instructor must be a doctor whose scope of practice involves medicine or a specific specialty, except traditional medicine doctors, preventive medicine doctors and odonto-stomatology doctors.

b) If the intern holds a degree of preventive medicine doctor, the instructor must be a doctor whose scope of practice involves preventive medicine, or medicine, or a specific specialty, except traditional medicine doctors and odonto-stomatology doctors;

c) If the intern holds a degree of general physician assistant, the instructor must be a physician assistant whose scope of practice involves general medicine, or a doctor whose scope of practice involves medicine or a specific specialty, except traditional medicine doctors, preventive medicine doctors and odonto-stomatology doctors;

d) If the intern holds a degree of traditional medicine physician assistant, the instructor must be a physician assistant or doctor whose scope of practice involves traditional medicine;

dd) If the intern holds a nursing degree, the instructor must be a nurse;

e) If the intern holds a midwifery degree, the instructor must be a midwife or a doctor whose scope of practice involves obstetrics;

g) If the intern holds a degree of medical imaging technician, the instructor must be a medical imaging technician or a doctor whose scope of practice involves medical imaging;

h) If the intern holds a degree of medical laboratory technician, the instructor must be a medical laboratory technician or a doctor whose scope of practice involves medical laboratory technology;

i) If the intern holds a degree of rehabilitation technician, the instructor must be a rehabilitation technician or a doctor whose scope of practice involves rehabilitation specialty;

k) If the intern holds a degree of dental technician, the instructor must be a dental technician or a doctor whose scope of practice involves odonto-stomatology specialty;

l) If the intern holds a degree of refractive ophthalmic technician, the instructor must be a refractive ophthalmic technician or a doctor whose scope of practice involves ophthalmology specialty;

m) If the intern holds a degree in nutrition, the instructor must be a clinical nutritionist or a doctor whose scope of practice involves nutrition specialty;

n) If the intern holds a degree of out-of-hospital paramedic, the instructor must be an out-of-hospital paramedic or a doctor whose scope of practice involves intensive care medicine;

o) If the intern holds a degree of clinical psychologist, the instructor must be a clinical psychologist or a doctor who has his/her scope of practice involving psychiatry and possesses a certificate of completion of basic training course in clinical psychology as prescribed in clause 2 Article 128 of this Decree.

5. Instructors must be responsible for ensuring patients’ safety during their provision of instructions for interns and will be burdened with responsibility for any medical errors which are committed by their interns during internship and thus cause harm to patients, unless such medical errors are intentionally committed by the intern.

6. Upon completion of the internship program and availability of assessment results or comments on given by the instructor, the instructing facility shall:

a) issue a certificate of completion of internship program made using Form No. 07 in Appendix I enclosed herewith to the intern;

b) publish the list of medical interns who have successfully completed the internship program on its website and the healthcare management information system.

7. The instructor’s assessment and comments, and certificate of completion of internship program must be objective and accurate.

Section 2. ASSESSMENT OF QUALIFICATION FOR PRACTICE OF MEDICINE (HEREINAFTER REFERRED TO AS “QUALIFICATION TEST”)

Article 8. Academic qualification requirements for taking qualification test to be satisfied by professional title holders

1. A candidate is required to hold one of the following qualifications as a prerequisite for taking qualification test for doctor title:

a) For a doctor whose scope of practice involves medicine:

- Degree of medical doctor, including a graduation diploma in healthcare sector issued by a foreign training institution, provided such diploma holder has been accredited as medical doctor by the Minister of Education and Training of Vietnam;

- Bachelor of medicine issued by a foreign training institution and certified by the Minister of Education and Training of Vietnam to be equivalent to bachelor's degree in Vietnam, provided such degree holder has successfully completed a refresher training course for medical doctor as prescribed by the Minister of Health of Vietnam.

b) For a doctor whose scope of practice involves traditional medicine:

- Degree of traditional medicine doctor, including a graduation diploma issued by a foreign training institution, provided such diploma holder has been accredited as traditional medicine doctor by the Minister of Education and Training of Vietnam;

- Bachelor of traditional medicine issued by a foreign training institution and certified by the Minister of Education and Training of Vietnam to be equivalent to bachelor's degree in Vietnam, provided such degree holder has successfully completed a refresher training course for traditional medicine doctor as prescribed by the Minister of Health of Vietnam.

c) For a doctor whose scope of practice involves preventive medicine:

Degree of preventive medicine doctor, including a graduation diploma issued by a foreign training institution, provided such diploma holder has been accredited as preventive medicine doctor by the Minister of Education and Training of Vietnam.

d) For a doctor whose scope of practice involves odonto-stomatology:

- Degree of odonto-stomatology doctor, including a graduation diploma issued by a foreign training institution, provided such diploma holder has been accredited as odonto-stomatology doctor by the Minister of Education and Training of Vietnam;

- Bachelor of medicine issued by a foreign training institution and certified by the Minister of Education and Training of Vietnam to be equivalent to bachelor's degree in Vietnam, provided such degree holder has successfully completed a refresher training course for odonto-stomatology doctor as prescribed by the Minister of Health of Vietnam.

dd) For a doctor whose scope of practice involves a specific specialty: Degree of specialist doctor as prescribed in clause 1 Article 12 of this Decree.

2. A candidate is required to hold one of the following qualifications as a prerequisite for taking qualification test for physician assistant title:

a) For a physician assistant whose scope of practice involves general medicine:

- Associate degree for general medicine physician assistant, including graduation diploma issued by a foreign training institution and certified by the Minister of Labour, War Invalids and Social Affairs of Vietnam to be equivalent to the associate degree for general medicine physician assistant;

- Bachelor of medicine issued by a foreign training institution and certified by the Minister of Education and Training of Vietnam to be equivalent to bachelor’s degree in Vietnam.

b) For a physician assistant whose scope of practice involves traditional medicine:

Associate degree for traditional medicine physician assistant or associate degree in traditional medicine, including graduation diploma issued by a foreign training institution and certified by the Minister of Labour, War Invalids and Social Affairs of Vietnam to be equivalent to the associate degree for traditional medicine physician assistant or associate degree in traditional medicine.

3. A candidate is required to hold one of the following qualifications as a prerequisite for taking qualification test for nurse title:

a) For a nurse whose scope of practice involves nursing:

- Intermediate professional education diploma in nursing, including graduation diploma issued by a foreign training institution and certified by the Minister of Labour, War Invalids and Social Affairs of Vietnam to be equivalent to the intermediate professional education diploma in nursing;

- Associate degree in nursing, including graduation diploma issued by a foreign training institution and certified by the Minister of Labour, War Invalids and Social Affairs of Vietnam to be equivalent to the associate degree in nursing;

- Bachelor of nursing, including a graduation diploma issued by a foreign training institution, provided such diploma holder has been accredited as a bachelor of nursing by the Minister of Education and Training of Vietnam.

b) For a nurse whose scope of practice involves specialty nursing: Degree of nurse specialist as prescribed in clause 1 Article 12 of this Decree.

4. A candidate is required to hold one of the following qualifications as a prerequisite for taking qualification test for midwife title:

a) For a midwife whose scope of practice involves midwifery:

- Intermediate professional education diploma in midwifery, including graduation diploma issued by a foreign training institution and certified by the Minister of Labour, War Invalids and Social Affairs of Vietnam to be equivalent to the intermediate professional education diploma in midwifery;

- Intermediate professional education diploma in midwifery, including graduation diploma issued by a foreign training institution and certified by the Minister of Labour, War Invalids and Social Affairs of Vietnam to be equivalent to the intermediate professional education diploma in midwifery;

- Bachelor of midwifery, including a graduation diploma issued by a foreign training institution, provided such diploma holder has been accredited as a bachelor of midwifery by the Minister of Education and Training of Vietnam.

b) For a midwife whose scope of practice involves specialty midwifery: degree of specialist midwife as prescribed in clause 1 Article 12 of this Decree.

5. A candidate is required to hold one of the following qualifications as a prerequisite for taking qualification test for medical technician title:

a) For a medical technician whose scope of practice involves medical laboratory:

- Intermediate professional education diploma in medical laboratory technology, including graduation diploma issued by a foreign training institution and certified by the Minister of Labour, War Invalids and Social Affairs of Vietnam to be equivalent to the intermediate professional education diploma in medical laboratory technology;

- Associate degree in medical laboratory technology, including graduation diploma issued by a foreign training institution and certified by the Minister of Labour, War Invalids and Social Affairs of Vietnam to be equivalent to the associate degree in medical laboratory technology;

- Bachelor of medical laboratory technology, including a graduation diploma issued by a foreign training institution, provided such diploma holder has been accredited as a bachelor of medical laboratory technology by the Minister of Education and Training of Vietnam.

b) For a medical technician whose scope of practice involves specialty medical laboratory technology: degree of specialist medical laboratory technician as prescribed in clause 1 Article 12 of this Decree.

c) For a medical technician whose scope of practice involves medical imaging:

- Intermediate professional education diploma in medical imaging technique, including graduation diploma issued by a foreign training institution and certified by the Minister of Labour, War Invalids and Social Affairs of Vietnam to be equivalent to the intermediate professional education diploma in medical imaging technique;

- Associate degree in medical imaging technique, including graduation diploma issued by a foreign training institution and certified by the Minister of Labour, War Invalids and Social Affairs of Vietnam to be equivalent to the associate degree in medical imaging technique;

- Bachelor of medical imaging technique, including a graduation diploma issued by a foreign training institution, provided such diploma holder has been accredited as a bachelor of medical imaging technique by the Minister of Education and Training of Vietnam.

d) For a medical technician whose scope of practice involves specialty medical imaging: degree of specialist medical imaging technician as prescribed in clause 1 Article 12 of this Decree.

dd) For a medical technician whose scope of practice involves dental technology:

- Intermediate professional education diploma in dental technology, including graduation diploma issued by a foreign training institution and certified by the Minister of Labour, War Invalids and Social Affairs of Vietnam to be equivalent to the intermediate professional education diploma in dental technology;

- Associate degree in dental technology, including graduation diploma issued by a foreign training institution and certified by the Minister of Labour, War Invalids and Social Affairs of Vietnam to be equivalent to the associate degree in dental technology;

- Bachelor of dental technology, including a graduation diploma issued by a foreign training institution, provided such diploma holder has been accredited as a bachelor of dental technology by the Minister of Education and Training of Vietnam.

e) For a medical technician whose scope of practice involves specialty dental technology: degree of specialist dental technician as prescribed in clause 1 Article 12 of this Decree.

g) For a medical technician whose scope of practice involves ophthalmic refraction:

- Associate degree in ophthalmic refraction technique, including graduation diploma issued by a foreign training institution and certified by the Minister of Labour, War Invalids and Social Affairs of Vietnam to be equivalent to the associate degree in ophthalmic refraction technique;

- Bachelor of ophthalmic refraction technique, including a graduation diploma issued by a foreign training institution, provided such diploma holder has been accredited as a bachelor of ophthalmic refraction technique by the Minister of Education and Training of Vietnam.

h) For a medical technician whose scope of practice involves specialty ophthalmic refraction: degree of specialist refractive ophthalmic technician as prescribed in clause 1 Article 12 of this Decree.

i) For a medical technician whose scope of practice involves rehabilitation:

- Intermediate professional education diploma in one of the following majors: rehabilitation technique, physical therapy or physical therapy and rehabilitation technique, including graduation diploma issued by a foreign training institution and certified by the Minister of Labour, War Invalids and Social Affairs of Vietnam to be equivalent to the intermediate professional education diploma in one of the mentioned majors;

- Associate degree in one of the following majors: rehabilitation technique, physical therapy or physical therapy and rehabilitation technique, including graduation diploma issued by a foreign training institution and certified by the Minister of Labour, War Invalids and Social Affairs of Vietnam to be equivalent to the associate degree in one of the mentioned majors;

- One of the following qualifications: bachelor of rehabilitation technique, bachelor of physical therapy, bachelor of occupational therapy, or bachelor of speech therapy, including a graduation diploma issued by a foreign training institution, provided such diploma holder has been accredited as a bachelor of rehabilitation technique, physical therapy, occupational therapy, or speech therapy, by the Minister of Education and Training of Vietnam.

k) For a medical technician whose scope of practice involves specialty rehabilitation: degree of specialist rehabilitation technician as prescribed in clause 1 Article 12 of this Decree.

6. A candidate is required to hold one of the following qualifications as a prerequisite for taking qualification test for clinical nutritionist title:

a) For a clinical nutritionist whose scope of practice involves clinical nutrition:

- Associate degree in nutrition, including graduation diploma issued by a foreign training institution and certified by the Minister of Labour, War Invalids and Social Affairs of Vietnam to be equivalent to the associate degree in nutrition;

- Bachelor of nutrition, including a graduation diploma issued by a foreign training institution, provided such diploma holder has been accredited as a bachelor of nutrition by the Minister of Education and Training of Vietnam.

b) For a clinical nutritionist whose scope of practice involves specialty clinical nutrition: degree of specialist clinical nutritionist as prescribed in clause 1 Article 12 of this Decree.

7. A candidate is required to hold one of the following qualifications as a prerequisite for taking qualification test for out-of-hospital paramedic title:

a) Degree or diploma specified in clause 1, 2, 3, 4 or 5 of this Article;

b) Associate degree in out-of-hospital emergency care, including graduation diploma issued by a foreign training institution and certified by the Minister of Labour, War Invalids and Social Affairs of Vietnam to be equivalent to the associate degree in out-of-hospital emergency care;

c) Bachelor of out-of-hospital emergency care, including a graduation diploma issued by a foreign training institution, provided such diploma holder has been accredited as a bachelor of out-of-hospital emergency care by the Minister of Education and Training of Vietnam;

d) A specialty qualification as prescribed in clause 1 Article 12 of this Decree.

8. A candidate is required to hold one of the following qualifications as a prerequisite for taking qualification test for clinical psychologist title:

a) For a clinical psychologist whose scope of practice involves clinical psychology:

- Degree of doctor specified in clause 1 of this Article, provided such degree holder has successfully completed the basic training course in clinical psychology as prescribed in clause 2 Article 128 of this Decree;

- Bachelor of psychology, including a graduation diploma issued by a foreign training institution, provided such diploma holder has been accredited as a bachelor of psychology by the Minister of Education and Training of Vietnam and has successfully completed the basic training course in clinical psychology as prescribed in clause 2 Article 128 of this Decree.

b) For a clinical psychologist whose scope of practice involves specialty clinical psychology:

- Master’s degree in clinical psychology, including a graduation diploma issued by a foreign training institution, provided such diploma holder has been accredited as a Master by the Minister of Education and Training of Vietnam.

- Degree of doctor of clinical psychology, including a graduation diploma issued by a foreign training institution, provided such diploma holder has been accredited as a doctor of philosophy by the Minister of Education and Training of Vietnam.

- degree of specialist clinical psychologist as prescribed in clause 1 Article 12 of this Decree.

9. The holder of a graduation diploma in healthcare sector issued by a foreign training institution which has been certified by the Minister of Labour, War Invalids and Social Affairs of Vietnam or who has been accredited by the Minister of Education and Training of Vietnam for one of the professional titles prescribed in this Article is allowed to take qualification test for the corresponding title and scope of practice.

Article 9. Organization of qualification test

1. Contents of qualification tests for the titles of doctor, physician assistant, nurse, midwife, medical technician, clinical nutritionist, out-of-hospital paramedic or clinical psychologist shall be compiled based on corresponding professional qualification standards for such a title and benchmarking toolkit for assessment and measurement of qualification for the practice of medicine.

2. Vietnam’s National Medical Council (VNMC) shall take charge of developing qualification test regulations; eligibility criteria of qualification test location, and submit them to the Minister of Health of Vietnam for approval.

3. VNMC shall:

a) play the leading role in organizing qualification tests according to qualification test regulations laid down in clause 2 of this Article;

b) Select qualified facilities as qualification test locations meeting approved criteria.

4. VNMC shall develop regulations on qualification test fees, collection, transfer, management and use thereof, and submit them to the Minister of Health of Vietnam for approval.

Section 3. ISSUANCE OF LICENSE TO PRACTICE MEDICINE

Article 10. Procedures for issuance of practicing license for titles of doctor, physician assistant, nurse, midwife, medical technician, clinical nutritionist, out-of-hospital paramedic and clinical psychologist

1. Upon completion of the training program, a holder of graduation diploma in healthcare may adopt one of the following two methods for applying for practicing license:

a) Follow procedures for issuance of practicing license. Before applying for the practicing license, the applicant is required to successfully complete the medical internship as prescribed in Section 1 Chapter II of this Decree, and pass the qualification test as prescribed in Article 9 of this Decree;

b) Attend a specialty training course and, upon completion of such course, apply for practicing license on which the scope of practice involves a specific specialty.

Before applying for the practicing license, the applicant shall not be required to attend a medical internship as prescribed in Section 1 Chapter II of this Decree, but must pass the qualification test as prescribed in Article 9 of this Decree.

2. Upon the issuance of the practicing license according to point a clause 1 of this Article, if the license holder attends a specialty training course and then obtains a specialty qualification, he/she may apply for modification of practicing license in respect of the scope of practice involving such specialty without attending medical internship and taking qualification test.

3. In case a medical practitioner attends a training course in a professional technique which is not yet included in his/her licensed scope of practice, and is issued with a professional technique certificate as prescribed in clause 2 Article 12 of this Decree, he/she must not follow procedures for modification of the licensed scope of practice but the person in charge of professional practices of the relevant health facility shall, based on such professional technique certificate as prescribed in clause 2 Article 12 of this Decree, decide to give written permission to him/her to implement his/her trained technique.

In case a medical practitioner receives a transferred technique which is not included in his/her licensed scope of practice, he/she must not follow procedures for modification of the licensed scope of practice but the person in charge of professional practices of the relevant health facility shall, based on certificate of competence to implement such technique issued according to point c clause 4 Article 85 of this Decree, decide to give written permission to him/her to implemented such transferred technique.

4. If a person who has successfully completed a specialty training course as prescribed in point b clause 1 of this Article fails to file an application for qualification test within 24 months from the issue date of his/her specialty qualification, he/she shall be required to attend a medical internship in such specialty for the period specified in Article 3 of this Decree before applying for the qualification test.

5. If a person who has been granted a specialty qualification as prescribed in clause 2 of this Article fails to apply for modification of his/her practicing license within 24 months from the issue date of his/her specialty qualification, he/she shall be required to attend a medical internship in such specialty for the period specified in Article 3 of this Decree before applying for modification of his/her practicing license.

6. If a person currently holds a graduation diploma in healthcare and one or some of the following certificates: herbalist certificate, folk remedy certificate or folk therapy certificate, he/she may apply for practicing license for one of the titles specified in Article 26 of the Law on Medical Examination and Treatment and follow the procedures set out in either clause 1 or clause 2 of this Article. The scope of practice shall be written on the practicing license issued according to provisions of this clause as follows:

a) The scope of practice specified in the practicing license for the title of doctor, physician assistant, nurse, midwife, medical technician, clinical nutritionist, out-of-hospital paramedic or clinical psychologist includes the scope of practice of the licensed title and the corresponding scope of practice on one or some of the following certificates: herbalist certificate, folk remedy certificate or folk therapy certificate;

b) The scope of practice specified in the practicing license for the title of herbalist, folk remedy holder or folk therapy holder includes the scope of practice of the licensed title and the scope of practice shown in his/her certificate of qualification test results.

Article 11. Procedures for issuance of practicing license for titles of herbalists, folk remedy holders and folk therapy holders

1. Holders of herbalist certificates, folk remedy certificates or folk therapy certificates shall follow procedures for issuance, re-issuance or renewal of practicing license as prescribed in Section 5 Chapter II of this Decree.

2. If a person who has been granted a practicing license for the title of herbalist, folk remedy certificate holder or folk therapy certificate holder obtains a graduation diploma in healthcare and applies for practicing license for the title of doctor, physician assistant, nurse, midwife, medical technician, clinical nutritionist, out-of-hospital paramedic or clinical psychologist, he/she shall follow procedures laid down in Article 10 of this Decree.

The licensing authority shall issue a new practicing license and revoke the former one. The scope of practice specified on the issued practicing license includes the scope of practice for the new licensed title and that for the former one.

Article 12. Requirements attached to specialty qualifications and professional technique certificates in healthcare and clinical psychology

1. Requirements attached to a specialty qualification in healthcare issued by a training institution:

a) It must be issued by a lawful training institution as prescribed by laws; and

b) The training duration is not shorter than 18 months.

2. Requirements attached to a professional technique certificate in healthcare:

a) It is issued by a training institution that has run at least 01 training course in the same profession at the same qualification level after which the graduate has been granted practicing license with the same title or by a health facility that has implemented the corresponding professional technique for at least 06 months under a competent authority’s permission;

b) The training institution may use training curriculum and materials for professional technique certificate that itself compile, appraise and issue, or use such training program and materials of another training institution with written consent of the latter; contents of the training curriculum, training volume and lecturers must be appropriate to the list of professional techniques issued by the Ministry of Health of Vietnam.

3. In case a specialty qualification is used for modifying the scope of practice as prescribed in point a, b or c clause 1 Article 19 of this Decree, the start date of the training course must fall after the issue date of the practicing license or the modified practicing license.

4. Training for qualifications and certificates specified in clauses 1, 2 of this Article must be published on websites of training institutions.

Section 4. ISSUANCE OF PRACTICING LICENSE FOR PROFESSIONAL TITLES OF DOCTOR, PHYSICIAN ASSISTANT, NURSE, MIDWIFE, MEDICAL TECHNICIAN, CLINICAL NUTRITIONIST, OUT-OF-HOSPITAL PARAMEDIC AND CLINICAL PSYCHOLOGIST

Sub-section 1. ISSUANCE OF PRACTICING LICENSE FOR PROFESSIONAL TITLES OF DOCTOR, PHYSICIAN ASSISTANT, NURSE, MIDWIFE, MEDICAL TECHNICIAN, CLINICAL NUTRITIONIST, OUT-OF-HOSPITAL PARAMEDIC AND CLINICAL PSYCHOLOGIST

Article 13. Eligible applicants and conditions for issuance of practicing license for professional titles of doctor, physician assistant, nurse, midwife, medical technician, clinical nutritionist, out-of-hospital paramedic and clinical psychologist

1. A practicing license may be issued to:

a) a person who first applies for the practicing license as prescribed in point a clause 1 Article 30 of the Law on Medical Examination and Treatment.

b) a medical practitioner making change in professional title specified in his/her practicing license as prescribed in point b clause 1 Article 30 of the Law on Medical Examination and Treatment.

c) a person mentioned in:

- Point c clause 1 Article 33 of this Decree;

- Clause 2 Article 33 of this Decree;

- Point c clause 3 Article 33 of this Decree;

- Point b clause 4 Article 33 of this Decree;

- Point c clause 5 Article 33 of this Decree;

- Clause 6 Article 33 of this Decree;

- Clause 7 Article 33 of this Decree;

- Clause 8 Article 33 of this Decree; or

- Point c clause 9 Article 33 of this Decree.

d) a medical practitioner who fails to follow renewal procedures as prescribed in point a clause 2 Article 18 of this Decree.

dd) a medical practitioner who has been granted a practicing license by a licensing authority in people’s armed forces but stops using the issued practicing license for working in people’s armed forces, and wishes to practice at a health facility other than that under people’s armed forces. In this case, the period after the medical practitioner stops working for a health facility in people’s armed forces until his/her submission of application for practicing license is longer than 60 months.

2. Conditions for issuance of practicing license shall comply with the provisions of clause 2 Article 30 of the Law on Medical Examination and Treatment.

Article 14. Application package and procedures for issuance of practicing license for professional titles of doctor, physician assistant, nurse, midwife, medical technician, clinical nutritionist, out-of-hospital paramedic and clinical psychologist

1. An application package for issuance of practicing license submitted by the person who first applies for the practicing license as prescribed in point a clause 1 Article 30 of the Law on Medical Examination and Treatment or the person mentioned in point dd clause 1 Article 13 of this Decree is composed of:

a) An application form (made using Form 08 in Appendix I enclosed herewith).

b) The original or legitimate copy of any of the following documents:

- Qualification test pass certificate (not required if such qualification test results have been shared or published on the healthcare management information system or national healthcare database);

- Practicing license which has been accredited as prescribed in Article 37 of this Decree (not required if such accreditation has been shared or published on the healthcare management information system or national healthcare database).

c) The original or legitimate copy of health check report issued by a qualified health facility (not required if such health check results have been shared or published on the healthcare management information system or national healthcare database) or the legitimate copy of the work permit which is required as prescribed by the Labor Code.

d) The medical practitioner’s CV which is made using Form 09 in Appendix I enclosed herewith (not required if the medical practitioner’s CV has been shared or published on the healthcare management information system or national healthcare database).

dd) 02 pictures of 04 x 06 cm size, taken against a white background within 06 months of submitting the application (not required if the applicant's picture has been published when following online administrative procedures).

e) for the applicant mentioned in point a clause 6 Article 10 of this Decree, legitimate copy(ies) of the following document(s) (not required if these documents have been shared or published on the healthcare management information system or national healthcare database):

- Herbalist certificate;

- Fork remedy certificate;

- Folk therapy certificate.

2. An application package for issuance of practicing license submitted by a medical practitioner making change in professional title specified in his/her practicing license as prescribed in point b clause 1 Article 30 of the Law on Medical Examination and Treatment is composed of:

a) An application form (made using Form 08 in Appendix I enclosed herewith);

b) The original or legitimate copy of qualification test pass certificate or practicing license which has been accredited as prescribed in Article 37 of this Decree in case the applicant has been granted a practicing license and wishes to change his/her professional title into the title of doctor, physician assistant, nurse, midwife, medical technician, clinical nutritionist, out-of-hospital paramedic or clinical psychologist (not required if such qualification test results or accreditation has been shared or published on the healthcare management information system or national healthcare database);

c) The original or legitimate copy of health check report issued by a qualified health facility (not required if such health check results have been shared or published on the healthcare management information system or national healthcare database) or the legitimate copy of the work permit which is required as prescribed by the Labor Code;

d) The medical practitioner’s CV which is made using Form 09 in Appendix I enclosed herewith (not required if the medical practitioner’s CV has been shared or published on the healthcare management information system or national healthcare database);

dd) 02 pictures of 04 x 06 cm size, taken against a white background within 06 months of submitting the application (not required if the applicant's picture has been published when following online administrative procedures).

3. An application package for issuance of practicing license submitted by a person whose practicing license is revoked as prescribed in point c clause 1, clause 2, point c clause 3, point b clause 4, clause 6, clause 7, clause 8 or point c clause 9 Article 33 of this Decree due to forging of documents included in the submitted application package for such practicing license (point b clause 1 Article 35 of the Law on Medical Examination and Treatment) is composed of:

a) The documents specified in section 1 of this Article;

b) The original or legitimate copy of the decision to revoke practicing license (not required if such decision has been shared or published on the healthcare management information system or national healthcare database).

4. An application package for issuance of practicing license submitted by a person whose practicing license is revoked as prescribed in point c clause 5 Article 33 of this Decree in the case specified in clause 1, 2, 3, 4 or 6 Article 20 of the Law on Medical Examination and Treatment (point dd clause 1 Article 35 of the Law on Medical Examination and Treatment) is composed of:

a) The documents specified in section 1 of this Article.

b) The original or legitimate copy of the decision to revoke practicing license (not required if such decision has been shared or published on the healthcare management information system or national healthcare database).

c) One of the following documents:

- The original or legitimate copy of a competent authority’s written conclusion that the medical practitioner is found innocent or not subject to prohibition of practice of medicine in case he/she had been criminally prosecuted but then acquitted in writing and thus not banned from practicing medicine (clause 1 Article 20 of the Law on Medical Examination and Treatment);

- The original or legitimate copy of certificate of completion of probation period or certificate that the medical practitioner has successfully served the court’s decision or sentence (clause 2, 3, or 4 Article 20 of the Law on Medical Examination and Treatment);

- The original or legitimate copy of a competent authority’s written certification that the medical practitioner has full capacity to perform civil acts or does no longer face impaired cognition or difficulties in behavior control, or restricted capacity to perform civil acts (clause 6 Article 20 of the Law on Medical Examination and Treatment).

5. An application package for issuance of practicing license submitted by a person who fails to apply for renewal of his/her practicing license as prescribed in point a clause 2 Article 18 of this Decree within 24 months is composed of:

a) The documents specified in section 1 of this Article;

b) The original or legitimate copy of the decision to revoke practicing license (not required if such decision has been shared or published on the healthcare management information system or national healthcare database).

6. Procedures for issuance of practicing license:

a) The applicant submits an application package for the corresponding case specified in clauses 1 through 5 of this Article and application fee to the authority competent to issue practicing license as prescribed in Article 28 of the Law on Medical Examination and Treatment (hereinafter referred to as “licensing authority”);

b) The licensing authority is required to issue the requested practicing license within 30 days of receipt of an adequate application package. In case of refusal, a written response, clearly indicating reasons for such refusal, shall be sent to the applicant.

Where it is necessary to verify documents of foreign origin enclosed in the application package, the duration of decision to issue a practicing license shall be 30 days from the day on which verification results are available.

Sub-section 2. RE-ISSUANCE OF PRACTICING LICENSE FOR PROFESSIONAL TITLES OF DOCTOR, PHYSICIAN ASSISTANT, NURSE, MIDWIFE, MEDICAL TECHNICIAN, CLINICAL NUTRITIONIST, OUT-OF-HOSPITAL PARAMEDIC AND CLINICAL PSYCHOLOGIST

Article 15. Eligible cases and conditions for re-issuance of practicing license for professional titles of doctor, physician assistant, nurse, midwife, medical technician, clinical nutritionist, out-of-hospital paramedic and clinical psychologist

1. A practicing license may be re-issued if:

a) It is lost or damaged.

b) There is any change in the information specified in point a clause 3 Article 27 of the Law on Medical Examination and Treatment, or any error in the information specified in clause 3 Article 27 of the Law on Medical Examination and Treatment.

c) The applicant falls in the case specified in:

- Point a or b clause 1 Article 33 of this Decree;

- Point a or b clause 3 Article 33 of this Decree;

- Point a clause 4 Article 33 of this Decree;

- Point a or b clause 5 Article 33 of this Decree;

- Point a or b clause 9 Article 33 of this Decree.

d) The practicing license is issued ultra vires as prescribed in clause 1 Article 28 of the Law on Medical Examination and Treatment.

dd) A medical practitioner who has been granted a practicing license by a licensing authority in people’s armed forces stops using the issued practicing license for working in people’s armed forces, and wishes to practice at a health facility other than that under people’s armed forces in case the period after he/she stops working for the health facility in people’s armed forces until his/her submission of application for practicing license is not longer than 24 months.

e) A medical practitioner who has been granted a practicing license by a licensing authority in people’s armed forces stops using the issued practicing license for working in people’s armed forces, and wishes to practice at a health facility other than that under people’s armed forces in case the period after he/she stops working for the health facility in people’s armed forces until his/her submission of application for practicing license is longer than 24 months but shorter than 60 months.

2. Conditions for re-issuance of practicing license shall comply with the provisions of clause 2 Article 31 of the Law on Medical Examination and Treatment.

Article 16. Application package and procedures for re-issuance of practicing license for professional titles of doctor, physician assistant, nurse, midwife, medical technician, clinical nutritionist, out-of-hospital paramedic and clinical psychologist

1. An application package for re-issuance of practicing license in case it is lost or damaged as prescribed in point a clause 1 Article 15 of this Decree is composed of:

a) An application form (made using Form 08 in Appendix I enclosed herewith);

b) The original or legitimate copy of the issued practicing license (if available) (not required if such practicing license has been shared or published on the healthcare management information system or national healthcare database);

c) 02 pictures of 04 x 06 cm size, taken against a white background within 06 months of submitting the application (not required if the applicant's picture has been published when following online administrative procedures).

2. An application package for re-issuance of practicing license in the case specified in point b clause 1 Article 15 of this Decree (there is any change in the information specified in point a clause 3 Article 27 of the Law on Medical Examination and Treatment or any error in the information specified in clause 3 Article 27 of the Law on Medical Examination and Treatment) is composed of:

a) An application form (made using Form 08 in Appendix I enclosed herewith);

b) The original of the issued practicing license;

c) The original(s) or legitimate copy(ies) of the document(s) proving such a change or erroneous information (not required if such information can be found or verified on the healthcare management information system or national healthcare database);

d) 02 pictures of 04 x 06 cm size, taken against a white background within 06 months of submitting the application (not required if the applicant's picture has been published when following online administrative procedures).

3. An application package for re-issuance of practicing license submitted by a person whose practicing license is revoked as prescribed in point a clause 1 Article 33 of this Decree in case the application package for award of the practicing license fails to meet regulations (point a clause 1 Article 35 of the Law on Medical Examination and Treatment) is composed of:

a) The documents specified in Clause 1 Article 14 of this Decree;

b) The original or legitimate copy of the decision to revoke practicing license (not required if such decision has been shared or published on the healthcare management information system or national healthcare database).

4. An application package for re-issuance of practicing license submitted by a person whose practicing license is revoked as prescribed in point b clause 1 Article 33 of this Decree in case the application package for issuance of the practicing license fails to meet regulations (point a clause 1 Article 35 of the Law on Medical Examination and Treatment) is composed of:

a) The documents specified in Clause 1 Article 14 of this Decree;

b) The original or legitimate copy of the decision to revoke practicing license (not required if such decision has been shared or published on the healthcare management information system or national healthcare database);

c) The legitimate copy of certificate of completion of internship program made using Form No. 07 in Appendix I enclosed herewith (not required if internship results have been shared or published on the healthcare management information system or national healthcare database).

5. An application package for re-issuance of practicing license submitted by a person whose practicing license is revoked as prescribed in point a clause 3 Article 33 of this Decree in case the professional title or the scope of practice printed in that practicing license is different from those stated in the application package for issuance of the practicing license (point c clause 1 Article 35 of the Law on Medical Examination and Treatment) is composed of:

a) The documents specified in Clause 1 Article 14 of this Decree;

b) The original or legitimate copy of the decision to revoke practicing license (not required if such decision has been shared or published on the healthcare management information system or national healthcare database).

6. An application package for re-issuance of practicing license submitted by a person whose practicing license is revoked as prescribed in point b clause 3 Article 33 of this Decree in case the professional title or the scope of practice printed in that practicing license is different from those stated in the application package for issuance of the practicing license (point c clause 1 Article 35 of the Law on Medical Examination and Treatment) is composed of:

a) The documents specified in Clause 1 Article 14 of this Decree;

b) The original or legitimate copy of the decision to revoke practicing license (not required if such decision has been shared or published on the healthcare management information system or national healthcare database);

c) The legitimate copy of certificate of completion of internship program made using Form No. 07 in Appendix I enclosed herewith (not required if internship results have been shared or published on the healthcare management information system or national healthcare database).

7. An application package for re-issuance of practicing license submitted by a person whose practicing license is revoked as prescribed in point a clause 4 Article 33 of this Decree in case he/she has not practiced medicine for 24 consecutive months (point d clause 1 Article 35 of the Law on Medical Examination and Treatment) is composed of:

a) The documents specified in Clause 1 Article 14 of this Decree;

b) The original or legitimate copy of the decision to revoke practicing license (not required if such decision has been shared or published on the healthcare management information system or national healthcare database);

c) The legitimate copy of certificate of completion of internship program made using Form No. 07 in Appendix I enclosed herewith (not required if internship results have been shared or published on the healthcare management information system or national healthcare database).

8. An application package for re-issuance of practicing license submitted by a person whose practicing license is revoked as prescribed in point a clause 5 Article 33 of this Decree in case he/she is subject to prohibition of practice of medicine as defined in clause 1, 2, 3, 4 or 6 Article 20 of the Law on Medical Examination and Treatment (point dd clause 1 Article 35 of the Law on Medical Examination and Treatment) is composed of:

a) The documents specified in Clause 1 Article 14 of this Decree.

b) The original or legitimate copy of the decision to revoke practicing license (not required if such decision has been shared or published on the healthcare management information system or national healthcare database).

c) One of the following documents:

- The original or legitimate copy of a competent authority’s written conclusion that the medical practitioner is found innocent or not subject to prohibition of practice of medicine in case he/she had been criminally prosecuted but then acquitted in writing and thus not banned from practicing medicine (clause 1 Article 20 of the Law on Medical Examination and Treatment);

- The original or legitimate copy of certificate of completion of probation period or certificate that the medical practitioner has successfully served the court’s decision or sentence (clause 2, 3, or 4 Article 20 of the Law on Medical Examination and Treatment);

- The original or legitimate copy of a competent authority’s written certification that the medical practitioner has full capacity to perform civil acts or does no longer face impaired cognition or difficulties in behavior control, or restricted capacity to perform civil acts (clause 6 Article 20 of the Law on Medical Examination and Treatment).

9. An application package for re-issuance of practicing license submitted by a person whose practicing license is revoked as prescribed in point b clause 5 Article 33 of this Decree in case he/she is subject to prohibition of practice of medicine as defined in clause 1, 2, 3, 4 or 6 Article 20 of the Law on Medical Examination and Treatment (point dd clause 1 Article 35 of the Law on Medical Examination and Treatment) is composed of:

a) The documents specified in Clause 1 Article 14 of this Decree.

b) The original or legitimate copy of the decision to revoke practicing license (not required if such decision has been shared or published on the healthcare management information system or national healthcare database).

c) One of the following documents:

- The original or legitimate copy of a competent authority’s written conclusion that the medical practitioner is found innocent or not subject to prohibition of practice of medicine in case he/she had been criminally prosecuted but then acquitted in writing and thus not banned from practicing medicine (clause 1 Article 20 of the Law on Medical Examination and Treatment);

- The original or legitimate copy of certificate of completion of probation period or certificate that the medical practitioner has successfully served the court’s decision or sentence (clause 2, 3, or 4 Article 20 of the Law on Medical Examination and Treatment);

- The original or legitimate copy of a competent authority’s written certification that the medical practitioner has full capacity to perform civil acts or does no longer face impaired cognition or difficulties in behavior control, or restricted capacity to perform civil acts (clause 6 Article 20 of the Law on Medical Examination and Treatment).

d) The legitimate copy of certificate of completion of internship program made using Form No. 07 in Appendix I enclosed herewith (not required if internship results have been shared or published on the healthcare management information system or national healthcare database).

10. An application package for re-issuance of practicing license submitted by a person whose practicing license is revoked as prescribed in point a clause 9 Article 33 of this Decree in case such revocation is made at the request of the medical practitioner (point i clause 1 Article 35 of the Law on Medical Examination and Treatment) is composed of:

a) The documents specified in Clause 1 Article 14 of this Decree;

b) The original or legitimate copy of the decision to revoke practicing license (not required if such decision has been shared or published on the healthcare management information system or national healthcare database).

11. An application package for re-issuance of practicing license submitted by a person whose practicing license is revoked as prescribed in point b clause 9 Article 33 of this Decree in case such revocation is made at the request of the medical practitioner (point i clause 1 Article 35 of the Law on Medical Examination and Treatment) is composed of:

a) The documents specified in Clause 1 Article 14 of this Decree;

b) The original or legitimate copy of the decision to revoke practicing license (not required if such decision has been shared or published on the healthcare management information system or national healthcare database);

c) The legitimate copy of certificate of completion of internship program made using Form No. 07 in Appendix I enclosed herewith (not required if internship results have been shared or published on the healthcare management information system or national healthcare database).

12. An application package for re-issuance of practicing license in case the practicing license has been issued ultra vires as prescribed in point d clause 1 Article 31 of the Law on Medical Examination and Treatment is composed of:

a) An application form (made using Form 08 in Appendix I enclosed herewith);

b) The original of the issued practicing license;

c) 02 pictures of 04 x 06 cm size, taken against a white background within 06 months of submitting the application (not required if the applicant's picture has been published when following online administrative procedures).

13. An application package for re-issuance of practicing license in the case prescribed in point dd clause 1 Article 15 of this Decree is composed of:

a) An application form (made using Form 08 in Appendix I enclosed herewith);

b) The original or legitimate copy of a written certification that the practicing license has been issued by a licensing authority in people’s armed forces, clearly indicating the number, issue date, issuing authority, personal information of the license holder, professional title and scope of practice;

c) The original or legitimate copy of health check report issued by a qualified health facility (not required if such health check results have been shared or published on the healthcare management information system or national healthcare database) or the legitimate copy of the work permit which is required as prescribed by the Labor Code;

d) The medical practitioner’s CV which is made using Form 09 in Appendix I enclosed herewith (not required if the medical practitioner’s CV has been shared or published on the healthcare management information system or national healthcare database);

dd) 02 pictures of 04 x 06 cm size, taken against a white background within 06 months of submitting the application (not required if the applicant's picture has been published when following online administrative procedures).

14. An application package for re-issuance of practicing license in the case prescribed in point e clause 1 Article 15 of this Decree is composed of:

a) An application form (made using Form 08 in Appendix I enclosed herewith);

b) The original or legitimate copy of a written certification that the practicing license has been issued by a licensing authority in people’s armed forces, clearly indicating the number, issue date, issuing authority, personal information of the license holder, professional title and scope of practice;

c) The original or legitimate copy of health check report issued by a qualified health facility (not required if such health check results have been shared or published on the healthcare management information system or national healthcare database) or the legitimate copy of the work permit which is required as prescribed by the Labor Code;

d) The medical practitioner’s CV which is made using Form 09 in Appendix I enclosed herewith (not required if the medical practitioner’s CV has been shared or published on the healthcare management information system or national healthcare database);

dd) The legitimate copy of certificate of completion of internship program made using Form No. 07 in Appendix I enclosed herewith (not required if internship results have been shared or published on the healthcare management information system or national healthcare database);

e) 02 pictures of 04 x 06 cm size, taken against a white background within 06 months of submitting the application (not required if the applicant's picture has been published when following online administrative procedures).

15. Procedures for re-issuance of practicing license:

a) The applicant submits an application package for re-issuance of practicing license for the corresponding case specified in clauses 1 through 14 of this Article and application fee, as prescribed by the Law on Fees and Charges, to the licensing authority;

b) The licensing authority is required to re-issue the requested practicing license within 15 days of receipt of adequate required documents. In case of refusal, a written response, clearly stating reasons for such refusal, shall be sent to the applicant;

c) Where it is necessary to verify documents of foreign origin enclosed in the application package, the duration of decision to re-issue a practicing license shall be 15 days from the day on which verification results are available.

Sub-section 3. RENEWAL OF PRACTICING LICENSE FOR PROFESSIONAL TITLES OF DOCTOR, PHYSICIAN ASSISTANT, NURSE, MIDWIFE, MEDICAL TECHNICIAN, CLINICAL NUTRITIONIST, OUT-OF-HOSPITAL PARAMEDIC AND CLINICAL PSYCHOLOGIST

Article 17. Eligible cases and conditions for renewal of practicing license for professional titles of doctor, physician assistant, nurse, midwife, medical technician, clinical nutritionist, out-of-hospital paramedic and clinical psychologist

1. A practicing license may be renewed if it expires as prescribed in clause 2 Article 27 of the Law on Medical Examination and Treatment.

2. Conditions for renewal of practicing license shall comply with the provisions of clause 2 Article 32 of the Law on Medical Examination and Treatment.

Article 18. Application package and procedures for renewal of practicing license for professional titles of doctor, physician assistant, nurse, midwife, medical technician, clinical nutritionist, out-of-hospital paramedic and clinical psychologist

1. An application package for renewal of practicing license for the professional title of doctor, physician assistant, nurse, midwife, medical technician, clinical nutritionist, out-of-hospital paramedic or clinical psychologist is composed of:

a) An application form (made using Form 08 in Appendix I enclosed herewith);

b) A legitimate copy of the issued practicing license (not required if such practicing license has been shared or published on the healthcare management information system or national healthcare database);

c) Documentary evidence that the applicant has continuously updated medical knowledge in accordance with the Minister of Health of Vietnam’s regulations (not required if continuous medical knowledge updating results have been shared or published on the healthcare management information system or national healthcare database);

d) The original or legitimate copy of health check report issued by a qualified health facility (not required if such health check results have been shared or published on the healthcare management information system or national healthcare database) or the legitimate copy of the work permit which is required as prescribed by the Labor Code.

2. Procedures for renewal of practicing license:

a) The applicant submits an application package prescribed in clause 1 of this Article and application fee, as prescribed by the Law on Fees and Charges, to the licensing authority at least 60 days before the practicing license expires.

In case of sickness, accident or a force majeure event occurring at the application submission date, the applicant shall notify the licensing authority in order to extend the submission deadline.

A medical practitioner may request permission for extension of the submission deadline multiple times, provided that an application package for renewal of practicing license must be submitted within 22 months after it expires;

b) During the period from the date of receipt of all required application documents to the expiry date printed on a practicing license, the licensing authority shall be responsible for renewing it or replying in writing to the license holder with clear reasons for refusal of renewal; where there is no written reply till the expiry date printed on the foregoing practicing license, it still remains valid as prescribed;

c) Where it is necessary to verify whether the applicant participates in medical knowledge updating programs run by a qualified foreign entity or organization, the duration of decision to renew the practicing license shall be 15 days from the day on which verification results are available.

Sub-section 4. MODIFICATION OF PRACTICING LICENSE FOR PROFESSIONAL TITLES OF DOCTOR, PHYSICIAN ASSISTANT, NURSE, MIDWIFE, MEDICAL TECHNICIAN, CLINICAL NUTRITIONIST, OUT-OF-HOSPITAL PARAMEDIC AND CLINICAL PSYCHOLOGIST

Article 19. Eligible cases and conditions for modification of practicing license for professional titles of doctor, physician assistant, nurse, midwife, medical technician, clinical nutritionist, out-of-hospital paramedic and clinical psychologist

1. A practicing license may be modified in the following cases:

a) A person who has been issued with a practicing license on which the scope of practice does not include any specialty applies for addition of a specialty to the scope of practice on his/her issued practicing license;

b) A person who has been issued with a practicing license on which the scope of practice involves a particular specialty applies for addition of a specialty other than the licensed one to the scope of practice on his/her issued practicing license;

c) A person who has been issued with a practicing license on which the scope of practice involves a particular specialty stops practicing that licensed specialty and applies for replacement of that licensed specialty with another one;

d) A person who has been issued with a practicing license obtains a certificate of folk remedy holder or certificate of folk therapy holder.

2. Conditions for modification of a practicing license:

a) In case a person who has been issued with a practicing license on which the scope of practice does not include any specialty applies for addition of a specialty to the scope of practice on his/her issued practicing license, he/she must hold a specialty qualification, as prescribed in clause 1 Article 12 of this Decree, for the title printed on his/her practicing license and the specialty to be added;

b) In case a person who has been issued with a practicing license on which the scope of practice involves a particular specialty applies for addition of a specialty other than the licensed one to the scope of practice on his/her issued practicing license, he/she must hold a specialty qualification, as prescribed in clause 1 Article 12 of this Decree, for the title printed on his/her practicing license and the specialty to be added;

c) In case a person who has been issued with a practicing license on which the scope of practice involves a particular specialty applies for replacement of that licensed specialty with another one, he/she must hold a specialty qualification for the new title and specialty as prescribed in clause 1 Article 12 of this Decree.

Article 20. Application package and procedures for modification of practicing license

1. An application package for modification of a practicing license in case of addition of a specialty to the licensed scope of practice as prescribed in point a, b or c clause 1 Article 19 of this Decree is composed of:

a) An application form (made using Form 08 in Appendix I enclosed herewith);

b) A legitimate copy of the issued practicing license (not required if such practicing license has been shared or published on the healthcare management information system or national healthcare database);

c) A legitimate copy of the specialty qualification as prescribed in clause 1 Article 12 of this Decree (not required if such specialty qualification has been shared or published on the healthcare management information system or national healthcare database):

d) An original or legitimate copy of certificate of completion of internship program made using Form No. 07 in Appendix I enclosed herewith in case the applicant is a medical practitioner defined in clause 4 Article 10 of this Decree (not required if internship results have been shared or published on the healthcare management information system or national healthcare database).

2. An application package for modification of a practicing license submitted by a person who has been issued with a practicing license but then obtains a certificate of folk remedy holder or certificate of folk therapy holder as prescribed in point d clause 1 Article 19 of this Decree is composed of:

a) An application form (made using Form 08 in Appendix I enclosed herewith);

b) A legitimate copy of the issued practicing license (not required if such practicing license has been shared or published on the healthcare management information system or national healthcare database);

c) A legitimate copy of certificate of folk remedy holder or certificate of folk therapy holder (not required if such certificates have been shared or published on the healthcare management information system or national healthcare database).

3. Procedures for modification of practicing license in any of the cases prescribed in clause 1 Article 19 of this Decree:

a) The applicant submits an application package for the corresponding case as prescribed in clause 1 or 2 of this Article and application fee, as prescribed by the Law on Fees and Charges, to the licensing authority;

b) The licensing authority is required to modify the foregoing practicing license within 15 days of receipt of adequate required documents. In case of refusal, a written response, clearly stating reasons for such refusal, shall be sent to the applicant.

The practicing license shall be modified by means of issuance of a decision to modify the scope of practice using Form No. 10 in Appendix I enclosed herewith. The issued decision to modify the scope of practice is an integral part of the issued practicing license;

c) Where it is necessary to verify documents of foreign origin enclosed in the application package, the duration of decision to modify a practicing license shall be 15 days from the day on which verification results are available.

Section 5. ISSUANCE OF PRACTICING LICENSE FOR PROFESSIONAL TITLE OF HERBALIST, FOLK REMEDY HOLDER OR FOLK THERAPY HOLDER

Sub-section 1. ISSUANCE OF PRACTICING LICENSE FOR PROFESSIONAL TITLE OF HERBALIST, FOLK REMEDY HOLDER OR FOLK THERAPY HOLDER

Article 21. Eligible applicants and conditions for issuance of practicing license for professional title of herbalist, folk remedy holder or folk therapy holder

1. A practicing license may be issued to:

a) a person who first applies for the practicing license as prescribed in point a clause 1 Article 30 of the Law on Medical Examination and Treatment;

b) a medical practitioner making change in professional title specified in his/her practicing license as prescribed in point b clause 1 Article 30 of the Law on Medical Examination and Treatment;

c) a person whose practicing license is revoked in any of the cases prescribed in clauses 2, 4, 5, 6, 7 or 8 Article 34 of this Decree; or

d) a medical practitioner who fails to follow renewal procedures as prescribed in point a clause 2 Article 26 of this Decree.

2. Conditions for issuance of practicing license shall comply with the provisions of clause 3 Article 30 of the Law on Medical Examination and Treatment.

Article 22. Application package and procedures for issuance of practicing license for professional title of herbalist, folk remedy holder or folk therapy holder

1. An application package for issuance of practicing license submitted by a person who first applies for the practicing license as prescribed in point a clause 1 Article 30 of the Law on Medical Examination and Treatment is composed of:

a) An application form (made using Form 08 in Appendix I enclosed herewith).

b) A legitimate copy of any of the following documents (not required if such documents have been shared or published on the healthcare management information system or national healthcare database), including:

- Herbalist certificate issued by a competent authority;

- Certificate of folk remedy holder issued by a competent authority; or

- Certificate of folk therapy holder issued by a competent authority.

c) An original or legitimate copy of health check report issued by a qualified health facility (not required if such health check results have been shared or published on the healthcare management information system or national healthcare database) or the legitimate copy of the work permit which is required as prescribed by the Labor Code.

d) The medical practitioner’s CV which is made using Form 09 in Appendix I enclosed herewith (not required if the medical practitioner’s CV has been shared or published on the healthcare management information system or national healthcare database).

dd) 02 pictures of 04 x 06 cm size, taken against a white background within 06 months of submitting the application (not required if the applicant's picture has been published when following online administrative procedures).

e) For the case prescribed in point b clause 6 Article 10 of this Decree, a legitimate copy of any of the following documents:

- Qualification test pass certificate (not required if such qualification test results are shared or published on the healthcare management information system or national healthcare database);

- Practicing license which has been accredited as prescribed in Article 37 of this Decree (not required if such accreditation has been shared or published on the healthcare management information system or national healthcare database).

2. An application package for issuance of practicing license submitted by a medical practitioner making change in professional title specified in his/her practicing license as prescribed in point b clause 1 Article 30 of the Law on Medical Examination and Treatment is composed of:

a) An application form (made using Form 08 in Appendix I enclosed herewith).

b) A legitimate copy of any of the following documents (not required if such documents have been shared or published on the healthcare management information system or national healthcare database), including:

- Herbalist certificate, if the new title after change is herbalist;

- Certificate of folk remedy holder, if the new title after change is folk remedy holder;

- Certificate of folk therapy holder, if the new title after change is folk therapy holder.

c) An original or legitimate copy of health check report issued by a qualified health facility (not required if such health check results have been shared or published on the healthcare management information system or national healthcare database) or the legitimate copy of the work permit which is required as prescribed by the Labor Code.

d) The medical practitioner’s CV which is made using Form 09 in Appendix I enclosed herewith (not required if the medical practitioner’s CV has been shared or published on the healthcare management information system or national healthcare database).

dd) 02 pictures of 04 x 06 cm size, taken against a white background within 06 months of submitting the application (not required if the applicant's picture has been published when following online administrative procedures).

3. An application package for issuance of practicing license submitted by a person whose practicing license is revoked as prescribed in clause 4 Article 34 of this Decree in case he/she has not practiced medicine for 24 consecutive months (point d clause 1 Article 35 of the Law on Medical Examination and Treatment) is composed of:

a) The documents specified in section 1 of this Article.

b) The original or legitimate copy of the decision to revoke practicing license (not required if such decision has been shared or published on the healthcare management information system or national healthcare database).

4. An application package for issuance of practicing license submitted by a person whose practicing license is revoked as prescribed in clause 5 Article 34 of this Decree in case he/she is subject to prohibition of practice of medicine as defined in clause 1, 2, 3, 4 or 6 Article 20 of the Law on Medical Examination and Treatment (point dd clause 1 Article 35 of the Law on Medical Examination and Treatment) is composed of:

a) The documents specified in section 1 of this Article.

b) An original or legitimate copy of the decision to revoke practicing license (not required if such decision has been shared or published on the healthcare management information system or national healthcare database).

c) One of the following documents:

- An original or legitimate copy of a competent authority’s written conclusion that the medical practitioner is found innocent or not subject to prohibition of practice of medicine in case he/she had been criminally prosecuted but then acquitted in writing and thus not banned from practicing medicine (clause 1 Article 20 of the Law on Medical Examination and Treatment);

- An original or legitimate copy of certificate of completion of probation period or certificate that the medical practitioner has successfully served the court’s decision or sentence (clause 2, 3, or 4 Article 20 of the Law on Medical Examination and Treatment);

- An original or legitimate copy of a competent authority’s written certification that the medical practitioner has full capacity to perform civil acts or does no longer face impaired cognition or difficulties in behavior control, or restricted capacity to perform civil acts (clause 6 Article 20 of the Law on Medical Examination and Treatment).

5. An application package for issuance of practicing license submitted by a person whose practicing license is revoked as prescribed in clause 6, 7 or 8 Article 34 of this Decree (point e, g or h clause 1 Article 35 of the Law on Medical Examination and Treatment) is composed of:

a) The documents specified in section 1 of this Article;

b) An original or legitimate copy of the decision to revoke practicing license (not required if such decision has been shared or published on the healthcare management information system or national healthcare database).

6. An application package for issuance of practicing license submitted by a person who fails to apply for renewal of his/her practicing license as prescribed in point a clause 3 Article 24 of this Decree is composed of:

a) The documents specified in section 1 of this Article;

b) An original or legitimate copy of the decision to revoke practicing license (not required if such decision has been shared or published on the healthcare management information system or national healthcare database).

7. Procedures for issuance of practicing license:

a) The applicant submits an application package for the corresponding case specified in clauses 1 through 6 of this Article and application fee, as prescribed by the Law on Fees and Charges, to the authority competent to issue practicing license as prescribed in Article 28 of the Law on Medical Examination and Treatment (hereinafter referred to as “licensing authority”);

b) The licensing authority is required to issue the requested practicing license within 30 days of receipt of an adequate application package. In case of refusal, a written response, clearly indicating reasons for such refusal, shall be sent to the applicant.

Where it is necessary to verify documents of foreign origin enclosed in the application package, the duration of decision to issue a practicing license shall be 30 days from the day on which verification results are available.

Sub-section 2. RE-ISSUANCE OF PRACTICING LICENSE FOR PROFESSIONAL TITLE OF HERBALIST, FOLK REMEDY HOLDER OR FOLK THERAPY HOLDER

Article 23. Eligible cases and conditions for re-issuance of practicing license for professional title of herbalist, folk remedy holder or folk therapy holder

1. A practicing license may be re-issued if:

a) It is lost or damaged;

b) There is any change in the information specified in point a clause 3 Article 27 of the Law on Medical Examination and Treatment, or any error in the information specified in clause 3 Article 27 of the Law on Medical Examination and Treatment;

c) A person has his/her practicing license revoked in any of the cases prescribed in clauses 1, 3 and 9 Article 34 of this Decree;

d) The practicing license is issued ultra vires as prescribed in clause 1 Article 28 of the Law on Medical Examination and Treatment.

2. Conditions for re-issuance of practicing license shall comply with the provisions of clause 2 Article 31 of the Law on Medical Examination and Treatment.

Article 24. Application package and procedures for re-issuance of practicing license for professional title of herbalist, folk remedy holder or folk therapy holder

1. An application package for re-issuance of practicing license in case it is lost or damaged as prescribed in point a clause 1 Article 21 of this Decree is composed of:

a) An application form (made using Form 08 in Appendix I enclosed herewith);

b) An original or legitimate copy of the issued practicing license (if available) (not required if such practicing license has been shared or published on the healthcare management information system or national healthcare database);

c) 02 pictures of 04 x 06 cm size, taken against a white background within 06 months of submitting the application (not required if the applicant's picture has been published when following online administrative procedures).

2. An application package for re-issuance of practicing license in case there is any change in the information specified in point a clause 3 Article 27 of the Law on Medical Examination and Treatment or any error in the information specified in clause 3 Article 27 of the Law on Medical Examination and Treatment as prescribed in point b clause 1 Article 23 of this Decree is composed of:

a) An application form (made using Form 08 in Appendix I enclosed herewith);

b) The original of the issued practicing license;

c) The original(s) or legitimate copy(ies) of the document(s) proving such a change or erroneous information (not required if such information can be found or verified on the healthcare management information system or national healthcare database);

d) 02 pictures of 04 x 06 cm size, taken against a white background within 06 months of submitting the application (not required if the applicant's picture has been published when following online administrative procedures).

3. An application package for re-issuance of practicing license submitted by a person whose practicing license is revoked as prescribed in clause 1 Article 34 of this Decree in case the application package for issuance of the practicing license fails to meet regulations (point a clause 1 Article 35 of the Law on Medical Examination and Treatment) is composed of:

a) The documents specified in Clause 1 Article 22 of this Decree;

b) An original or legitimate copy of the decision to revoke practicing license (not required if such decision has been shared or published on the healthcare management information system or national healthcare database);

c) 02 pictures of 04 x 06 cm size, taken against a white background within 06 months of submitting the application (not required if the applicant's picture has been published when following online administrative procedures).

4. An application package for re-issuance of practicing license submitted by a person whose practicing license is revoked as prescribed in clause 3 Article 34 of this Decree in case the professional title or the scope of practice printed in that practicing license is different from those stated in the application package for issuance of the practicing license (point c clause 1 Article 35 of the Law on Medical Examination and Treatment) is composed of:

a) An application form (made using Form 08 in Appendix I enclosed herewith);

b) An original or legitimate copy of the decision to revoke practicing license (not required if such decision has been shared or published on the healthcare management information system or national healthcare database);

c) 02 pictures of 04 x 06 cm size, taken against a white background within 06 months of submitting the application (not required if the applicant's picture has been published when following online administrative procedures).

5. An application package for re-issuance of practicing license submitted by a person whose practicing license is revoked as prescribed in clause 4 Article 34 of this Decree in case he/she has not practiced medicine for 24 consecutive months (point d clause 1 Article 35 of the Law on Medical Examination and Treatment) is composed of:

a) An application form (made using Form 08 in Appendix I enclosed herewith);

b) An original or legitimate copy of the decision to revoke practicing license (not required if such decision has been shared or published on the healthcare management information system or national healthcare database);

c) 02 pictures of 04 x 06 cm size, taken against a white background within 06 months of submitting the application (not required if the applicant's picture has been published when following online administrative procedures).

6. An application package for re-issuance of practicing license submitted by a person whose practicing license is revoked as prescribed in clause 5 Article 34 of this Decree in the case specified in clause 1, 2, 3, 4 or 6 Article 20 of the Law on Medical Examination and Treatment (point dd clause 1 Article 35 of the Law on Medical Examination and Treatment) is composed of:

a) The documents specified in section 1 of this Article.

b) An original or legitimate copy of the decision to revoke practicing license (not required if such decision has been shared or published on the healthcare management information system or national healthcare database).

c) One of the following documents:

- An original or legitimate copy of a competent authority’s written conclusion that the medical practitioner is found innocent or not subject to prohibition of practice of medicine in case he/she had been criminally prosecuted but then acquitted in writing and thus not banned from practicing medicine (clause 1 Article 20 of the Law on Medical Examination and Treatment);

- An original or legitimate copy of certificate of completion of probation period or certificate that the medical practitioner has successfully served the court’s decision or sentence (clause 2, 3, or 4 Article 20 of the Law on Medical Examination and Treatment);

- An original or legitimate copy of a competent authority’s written certification that the medical practitioner has full capacity to perform civil acts or does no longer face impaired cognition or difficulties in behavior control, or restricted capacity to perform civil acts (clause 6 Article 20 of the Law on Medical Examination and Treatment).

d) 02 pictures of 04 x 06 cm size, taken against a white background within 06 months of submitting the application (not required if the applicant's picture has been published when following online administrative procedures).

7. An application package for re-issuance of practicing license submitted by a person whose practicing license is revoked as prescribed in clause 9 Article 34 of this Decree in case such revocation is made at the request of the medical practitioner is composed of:

a) An application form (made using Form 08 in Appendix I enclosed herewith);

b) An original or legitimate copy of the decision to revoke practicing license (not required if such decision has been shared or published on the healthcare management information system or national healthcare database);

c) 02 pictures of 04 x 06 cm size, taken against a white background within 06 months of submitting the application (not required if the applicant's picture has been published when following online administrative procedures).

8. An application package for re-issuance of practicing license in case the practicing license has been issued ultra vires as prescribed in clause 1 Article 28 of the Law on Medical Examination and Treatment is composed of:

a) An application form (made using Form 08 in Appendix I enclosed herewith);

b) The issued practicing license;

c) 02 pictures of 04 x 06 cm size, taken against a white background within 06 months of submitting the application (not required if the applicant's picture has been published when following online administrative procedures).

9. Procedures for re-issuance of practicing license:

a) The applicant submits an application package for the corresponding case specified in clauses 1 through 8 of this Article and application fee, as prescribed by the Law on Fees and Charges, to the licensing authority prescribed in clause 1 Article 28 of the Law on Medical Examination and Treatment;

b) The licensing authority is required to re-issue the requested practicing license within 15 days of receipt of adequate required documents. In case of refusal, a written response, clearly stating reasons for such refusal, shall be sent to the applicant;

c) Where it is necessary to verify documents of foreign origin enclosed in the application package, the duration of decision to re-issue a practicing license shall be 15 days from the day on which verification results are available.

Sub-section 3. RENEWAL OF PRACTICING LICENSE FOR PROFESSIONAL TITLE OF HERBALIST, FOLK REMEDY HOLDER OR FOLK THERAPY HOLDER

Article 25. Eligible cases and conditions for renewal of practicing license for professional title of herbalist, folk remedy holder or folk therapy holder

1. A practicing license for the professional title of herbalist, folk remedy holder or folk therapy holder may be renewed if it expires as prescribed in clause 2 Article 27 of the Law on Medical Examination and Treatment.

2. Conditions for renewal of practicing license for the professional title of herbalist shall comply with the provisions of clause 2 Article 32 of the Law on Medical Examination and Treatment.

3. Conditions for renewal of practicing license for the professional title of folk remedy holder or folk therapy holder shall comply with the provisions of clause 3 Article 32 of the Law on Medical Examination and Treatment.

Article 26. Application package and procedures for renewal of practicing license for professional title of herbalist, folk remedy holder or folk therapy holder

1. An application package for renewal of practicing license for the professional title of herbalist, folk remedy holder or folk therapy holder is composed of:

a) An application form (made using Form 08 in Appendix I enclosed herewith);

b) A legitimate copy of the issued practicing license (not required if such practicing license has been shared or published on the healthcare management information system or national healthcare database);

c) An original or legitimate copy of health check report issued by a qualified health facility (not required if such health check results have been shared or published on the healthcare management information system or national healthcare database) or the legitimate copy of the work permit which is required as prescribed by the Labor Code.

2. Procedures for renewal of practicing license:

a) The applicant submits an application package prescribed in clause 1 or 2 of this Article and application fee, as prescribed by the Law on Fees and Charges, to the licensing authority at least 60 days before the practicing license expires.

In case of sickness, accident or a force majeure event occurring at the application submission date, the applicant shall notify the licensing authority in order to extend the submission deadline.

A medical practitioner may request permission for extension of the submission deadline multiple times, provided that an application package for renewal of practicing license must be submitted within 22 months after it expires;

b) During the period from the date of receipt of all required application documents to the expiry date printed on a practicing license, the licensing authority shall be responsible for renewing it or replying in writing to the license holder with clear reasons for refusal of renewal; where there is no written reply till the expiry date printed on the foregoing practicing license, it still remains valid as prescribed.

Section 6. REGISTRATION FOR PRACTICE OF MEDICINE

Article 27. Instructions for registration for practice of medicine

In addition to the registration principles laid down in Article 36 of the Law on Medical Examination and Treatment, registration for practice of medicine shall comply with the following instructions:

1. A medical practitioner may hold multiple positions at a health facility as assigned by the person in charge of professional practices of that health facility, provided such positions must be appropriate to his/her scope of practice.

2. In case a medical practitioner has been working as a full-time medical practitioner, manager of a professional department, or person in charge of professional practices at a hospital, he/she may apply for registration for practice of medicine at another health facility in one of the following cases:

a) He/she may act as a medical practitioner for another health facility whose administrative hours are different from those of his/her current workplace;

b) He/she may act as a person in charge of professional practices for another health facility whose administrative hours are different from those of his/her current workplace.

3. In case a medical practitioner has been practicing medicine at a health facility which is not a hospital, he/she may apply for registration for practice of medicine in one of the following cases:

a) He/she may act as a medical practitioner for another health facility with working hours and days other than his/her registered ones;

b) He/she may act as a person in charge of professional practices for another health facility with working hours and days other than his/her registered ones.

4. In case a medical practitioner has been working as a person in charge of professional practices for a health facility which is not a hospital, he/she may apply for registration for practice of medicine as a medical practitioner at another health facility with working hours and days other than his/her registered ones.

5. In case a medical practitioner has been working as a person in charge of professional practices for a health station, he/she may apply for registration for practice of medicine in one of the following cases:

a) He/she may act as a medical practitioner for another health facility whose administrative hours are different from those of his/her current workplace;

b) He/she may act as a person in charge of professional practices for another health facility whose administrative hours are different from those of his/her current workplace.

6. A medical practitioner may only take charge of a professional department of a hospital.

7. A medical practitioner who is a person in charge of professional practices of a hospital may concurrently take charge of a professional department of that hospital on the condition that it is appropriate to his/her scope of practice.

8. A medical practitioner of a health facility that has multiple registered healthcare venues may practice medicine at all of these venues.

9. When a medical practitioner provides healthcare under a contract signed between a health facility and his/her current workplace, he/she shall not be required to apply for registration for practice of medicine at that health facility.

10. Where a medical practitioner has obtained registration for practice of medicine at different health facilities, he/she must ensure appropriate time of travel between such registered health facilities.

11. In case a person in charge of professional practices of a health facility is absent from the health facility due to sickness, permitted leave, study or other causes, he/she shall:

a) give a written authorization to a person who is working at that health facility, has been issued with a practicing license on which the scope of practice is appropriate to one of registered specialties of the health facility, and has been practiced medicine for at least 36 months, if total absent days are fewer than 15 days;

b) give authorization as prescribed in point a of this clause and send a written notice to the authority that has issued the operating license, if total absent days are from 15 to under 90 days;

c) give authorization as prescribed in point a of this clause, send a written notice to the authority that has issued the operating license, and be required to obtain a written consent from this authority, if total absent days are from 90 to under 180 days;

d) If total absent days are longer than 180 days, the health facility is required to follow procedures for replacement of its person in charge of professional practices.

12. When there are any changes in its medical practitioners, the head of the health facility shall discharge the following responsibilities:

a) In case a medical practitioner quits his/her job:

- Suspend healthcare services included in the scope of practice of the medical practitioner from the day on which he/she terminates employment with the health facility if his/her substitute is not available;

- Submit a report to a competent authority within 03 days after the medical practitioner terminates practice of medicine at the health facility.

b) In case of addition of a medical practitioner: follow procedures for registration for practice of medicine as prescribed in this Decree. The medical practitioner may start practicing medicine upon completion of such registration procedures.

Article 28. Contents of registration

1. Contents of registration:

a) Full name, number of practicing license of the medical practitioner;

b) Professional title or position if the medical practitioner is a person in charge of professional practices of a health facility or a manager of professional department of a hospital;

c) Information on the practice location, including name and address of the health facility granting registration to the medical practitioner;

dd) Working hours and days;

dd) Scope of practice;

e) The language used by the foreign medical practitioner in delivery of healthcare in respect of the cases specified in points and b clause 2 Article 21 of the Law on Medical Examination and Treatment.

2. The list of medical practitioners shall be compiled by the health facility using Form No. 01 in Appendix II enclosed herewith and must bear certification and seal (if any) of the person in charge of professional practices of that health facility.

3. If a medical practitioner included in the list of medical practitioners of a health facility is working for another health facility, information on his/her practice of medicine at such another health facility must be also specified in the list.

Article 29. Registration procedures

1. A health facility shall act as follow to get registration for their medical practitioners:

a) Sending the list of medical practitioners applying for registration together with the application for issuance of an operating license to the authority having jurisdiction to grant operating licenses.

b) If any change of medical practitioners on the list occurs pending issuance of the operating license, a new list of medical practitioners which is made using Form No. 01 in Appendix II enclosed herewith must be sent to the authority having jurisdiction to grant operating licenses.

c) If any change of medical practitioners on the list occurs during its operation, an application form for registration shall be sent to the authority having jurisdiction to grant operating licenses as follows:

- In case a medical practitioner quits his/her job: a report shall be submitted to the competent authority within 03 working days after the medical practitioner terminates practice of medicine at the health facility;

- In case of addition of a medical practitioner: a list of additional medical practitioners which is made using Form No. 01 in Appendix II enclosed herewith will be sent to the authority that has issued the operating license within 10 days from the day on which such addition is made.

2. The authority having jurisdiction to grant operating licenses shall have the duty to publish the list of registered medical practitioners on its web portal or website and on the healthcare management information system within the following time limits:

a) at the same time as issuance of the operating license with respect to the cases specified in points a, b clause 1 of this Article;

b) within 05 working days of receipt of the application form for practice of medicine with respect to the case specified in point c clause 1 of this Article;

c) If an application is refused, a written response indicating reasons for such refusal shall be provided.

Section 7. SUSPENSION AND REVOCATION OF PRACTICING LICENSES, AND POST-REVOCATION ACTIONS

Article 30. Suspension procedures

1. In case a medical practitioner is suspended according to the conclusion given by the Expert Council mentioned in Article 101 of the Law on Medical Examination and Treatment (point a clause 1 Article 34 of the Law on Medical Examination and Treatment):

a) In case the Expert Council is founded by the health facility on its own account as prescribed in point a clause 4 Article 101 of the Law on Medical Examination and Treatment:

- Within 05 working days from the issue date of its conclusion, the Expert Council’s Chairperson shall sign written conclusion which shall be then sent to the subject health facility;

- Within 05 working days of receipt of the written conclusion sent from the Expert Council’s Chairperson, the health facility shall send a written request for suspension of the medical practitioner, clearly stating reasons for such suspension, to its supervisory health authority;

- Within 05 working days of receipt of the written request from the health facility, the health authority in charge of managing that health facility shall issue a suspension decision. Contents of this suspension decision must be based on the conclusions given by the Expert Council.

b) In case the Expert Council is founded under the decision of the health authority in charge of managing the health facility as prescribed in point b clause 4 Article 101 of the Law on Medical Examination and Treatment:

- Within 05 working days from the issue date of its conclusion, the Expert Council’s Chairperson shall sign and send a written request for suspension of the medical practitioner, clearly stating reasons for such suspension, to the health authority in charge of managing the health facility;

- Within 05 working days of receipt of the written request from the Expert Council’s Chairperson as prescribed in point b of this clause, the health authority in charge of managing that health facility shall issue a suspension decision. Contents of this suspension decision must be based on the conclusions given by the Expert Council.

2. In case a medical practitioner is suspended according to the conclusion, given by a competent authority, establishing that he/she has committed a violation against professional ethics which is not so severe that the sanction of revocation of his/her practicing license is imposed (point b clause 1 Article 34 of the Law on Medical Examination and Treatment):

a) In case the competent authority concluding that the medical practitioner has committed a violation against professional ethics does not have the jurisdiction to suspend or revoke the practicing license:

- Its written conclusion on the violation against professional ethics, in which a request for suspension of the medical practitioner and reason therefor must be indicated, shall be sent to the health authority in charge of managing the subject medical practitioner;

- Within 05 working days of receipt of the written conclusion from the competent authority, the health authority in charge of managing the subject medical practitioner shall issue a suspension decision. Contents of this suspension decision must be based on the written conclusion given by the competent authority.

b) In case the competent authority concluding that the medical practitioner has committed a violation against professional ethics has the jurisdiction to suspend or revoke the practicing license:

Within 05 working days from the issue date of its written conclusion, the competent authority shall issue a suspension decision. Contents of this suspension decision must be based on its written conclusion.

3. In case a medical practitioner is suspended because he/she is not healthy enough to practice medicine (point c clause 1 Article 34 of the Law on Medical Examination and Treatment):

Within 05 working days of receipt of the written conclusion from a competent authority (including: courts, assessment authorities and health check service providers) establishing that the medical practitioner is not healthy enough to practice medicine, the health authority in charge of managing that medical practitioner shall issue a suspension decision. Contents of this suspension decision must be based on the written conclusion given by the competent authority.

4. A decision to suspend part or all of scope of practice of a medical practitioner shall, inter alia, include:

a) Suspension of part or all of scope of practice of the medical practitioner; if part of the scope of practice is suspended, it must be clearly indicated;

b) Suspension period;

c) Requirement for continuous medical knowledge updating, except the case where the medical practitioner is a herbalist, folk remedy holder or folk therapy holder;

d) Conditions for resuming practice of medicine.

5. Within 05 working days from the issue date of the decision to suspend part or all of scope of practice of the medical practitioner, the issuing authority shall:

a) send such suspension decision to the suspended medical practitioner and limit his/her scope of practice on the healthcare management information system, or send such decision to the health facility where the suspended medical practitioner is working for implementation and to the healthcare socio-professional organization for supervision; and

b) if the issuing authority is not the one that has issued the practicing license to the suspended medical practitioner, send such suspension decision to the latter.

Article 31. Post-suspension actions

1. If a medical practitioner is not required to continuously update medical knowledge under the decision to suspend part or all of scope of practice of the medical practitioner (hereinafter referred to as “suspension decision”), he/she may carry on his/her practice of medicine upon the expiry of the suspension period stated in the suspension decision.

2. If a medical practitioner is required to continuously update medical knowledge under the suspension decision:

a) Within 12 months from the effective date of the suspension decision, the medical practitioner must complete the continuous medical knowledge updating according to conclusions given by the Expert Council;

b) Upon his/her completion of continuous medical knowledge updating, the medical practitioner shall send his/her continuous medical knowledge updating results to the authority that has issued his/her practicing license to apply for permission to resume practice of medicine;

c) Within 05 working days, the authority that has issued practicing license shall send a notice of permission to resume practice of medicine to the medical practitioner and publish information on such permission on its web portal or website or on the healthcare management information system;

d) If a medical practitioner fails to submit documentary evidence of his/her completion of continuous medical knowledge updating when the suspension decision has expired, within 15 days from the expiry date of the suspension decision, the authority that has issued practicing license to that medical practitioner shall issue another suspension decision. The suspended medical practitioner shall assume responsibility to comply with the provisions of points a, b of this clause.

If the sum of suspension periods exceeds 24 months, the authority that has issued practicing license shall revoke the issued practicing license within 15 working days and the medical practitioner shall be required to following procedures for issuance of practicing license.

3. Suspension period: not exceeding 24 months.

Article 32. Procedures for revocation of practicing license

1. For the cases prescribed in points a, b, c, d clause 1 Article 35 of the Law on Medical Examination and Treatment:

a) The authority, organization or individual that detects the medical practitioner subject to revocation of practicing license shall notify the authority competent to revoke practicing license;

b) The authority competent to revoke practicing license shall verify received documents and information, and, if such documents and information are satisfactory, issue a decision to revoke practicing license (hereinafter referred to as “revocation decision”).

2. For the case prescribed in point dd clause 1 Article 35 of the Law on Medical Examination and Treatment:

The health authority in charge of managing the medical practitioner shall issue a decision to revoke the practicing license of the medical practitioner within 05 working days after receipt of a competent authority’s notice of the fact that the medical practitioner is subject to prohibition of the practice of medicine as prescribed in clause 1, 2, 3, 4 or 6 Article 20 of the Law on Medical Examination and Treatment.

3. For the cases prescribed in points e and g clause 1 Article 35 of the Law on Medical Examination and Treatment:

a) In case the Expert Council is founded by the health facility on its own account as prescribed in point a clause 4 Article 101 of the Law on Medical Examination and Treatment:

- Within 05 working days from the issue date of its conclusion, the Expert Council’s Chairperson shall sign written conclusion which shall be then sent to the subject health facility;

- Within 05 working days of receipt of the written conclusion sent from the Expert Council’s Chairperson, the health facility shall send a written request for revocation of the medical practitioner, clearly stating reasons for such revocation, to its supervisory health authority;

- Within 05 working days of receipt of the written request from the health facility, the health authority in charge of managing that health facility shall issue a revocation decision. Contents of this revocation decision must be based on the conclusions given by the Expert Council.

b) In case the Expert Council is founded under the decision of the health authority in charge of managing the health facility as prescribed in point b clause 4 Article 101 of the Law on Medical Examination and Treatment:

- Within 05 working days from the issue date of its conclusion, the Expert Council’s Chairperson shall sign and send a written request for revocation of the medical practitioner, clearly stating reasons for such revocation, to the health authority in charge of managing the health facility;

- Within 05 working days of receipt of the written request from the Expert Council’s Chairperson as prescribed in point b of this clause, the health authority in charge of managing that health facility shall issue a revocation decision. Contents of this revocation decision must be based on the conclusions given by the Expert Council.

4. For the case prescribed in point h clause 1 Article 35 of the Law on Medical Examination and Treatment:

Within 05 working days of receipt of the written conclusion from the competent authority that the medical practitioner has committed a violation against professional ethics for the second time to the extent of incurring the sanction of suspension of his/her practice of medicine within the validity period of his/her practicing license, the health authority in charge of managing that medical practitioner shall issue a revocation decision. Contents of this revocation decision must be based on the written conclusion given by the competent authority.

5. For the case prescribed in point i clause 1 Article 35 of the Law on Medical Examination and Treatment: the licensing authority shall issue a revocation decision within 15 days of receipt of the written request for revocation, accompanied by the practicing license, from the medical practitioner.

6. A revocation decision shall, inter alia, include:

a) Full name of the medical practitioner and number of his/her practicing license;

b) Decision to revoke the practicing license and reasons therefor;

c) Conditions for resuming the practice of medicine.

7. Within 10 working days from the issue date of the revocation decision, the issuing authority shall send it to the medical practitioner and the health facility where he/she is working, and invalidate his/her registration for practice of medicine on the web portal or website of the licensing authority and the healthcare management information system.

Article 33. Actions taken after revoking practicing license for professional title of doctor, physician assistant, nurse, midwife, medical technician, clinical nutritionist, out-of-hospital paramedic or clinical psychologist

1. If a practicing license is revoked in case the application package for issuance of that practicing license fails to meet regulations as prescribed in point a clause 1 Article 35 of the Law on Medical Examination and Treatment: the medical practitioner whose practicing license is revoked (hereinafter referred to as “license holder”) is required to modify and re-submit the application package for issuance of practicing license.

a) If the license holder submits a complete application package for issuance of practicing license within 24 months from the issue date of the revocation decision, he/she shall be re-issued with the practicing license without re-practicing as a medical intern;

b) If the license holder submits a complete application package for issuance of practicing license within the period from 24 to 60 months from the issue date of the revocation decision, he/she shall be required to complete a medical internship before following procedures for re-issuance of practicing license;

c) If the license holder submits a complete application package for issuance of practicing license after 60 months from the issue date of the revocation decision, he/she shall be required to complete a medical internship and pass the qualification test before following procedures for issuance of practicing license.

2. If a practicing license is revoked in case there is any fraudulent document enclosed in the application package for issuance of the practicing license as prescribed in point b clause 1 Article 35 of the Law on Medical Examination and Treatment (including the case where the fraudulent document is graduation diploma or certificate of completion of internship program included in application package for a qualification test): an application package for issuance of practicing license shall only be submitted after

a) In case the graduation diploma or qualification test pass certificate included in the application package for issuance of practicing license is forged: at least 05 years from the issue date of the revocation decision;

b) In case any of other documents included in the application package for issuance of practicing license is forged: 03 years from the issue date of the revocation decision.

3. If a practicing license is revoked in case the professional title or the scope of practice printed in that practicing license is different from those stated in the application package for issuance of the practicing license as prescribed in point c clause 1 Article 35 of the Law on Medical Examination and Treatment: the license holder shall follow procedures for issuance of practicing license without incurring any fees.

a) If the license holder submits an application package for issuance of practicing license within 24 months from the issue date of the revocation decision, he/she shall be re-issued with the practicing license without re-practicing as a medical intern;

b) If the license holder submits an application package for issuance of practicing license within the period from 24 to 60 months from the issue date of the revocation decision, he/she shall be required to complete a medical internship before following procedures for re-issuance of practicing license;

c) If the license holder submits an application package for issuance of practicing license after 60 months from the issue date of the revocation decision, he/she shall be required to complete a medical internship and pass the qualification test before following procedures for issuance of practicing license.

4. If a practicing license is revoked in case the license holder has not practiced medicine for 24 consecutive months as prescribed in point d clause 1 Article 35 of the Law on Medical Examination and Treatment:

a) If the license holder completes a medical internship within 36 months from the issue date of the revocation decision, he/she may follow procedures for re-issuance of practicing license;

b) If the license holder fails to complete a medical internship within 36 months from the issue date of the revocation decision, he/she shall follow procedures for issuance of a new practicing license.

5. If a practicing license is revoked in the case prescribed in clause 1, 2, 3, 4 or 6 Article 20 of the Law on Medical Examination and Treatment:

a) If the license holder submits an application package for issuance of practicing license within 24 months from the issue date of the revocation decision, he/she shall be re-issued with the practicing license without re-practicing as a medical intern;

b) If the license holder submits an application package for issuance of practicing license within the period from 24 to 60 months from the issue date of the revocation decision, he/she shall be required to complete a medical internship before following procedures for re-issuance of practicing license;

c) If the license holder submits an application package for issuance of practicing license after 60 months from the issue date of the revocation decision, he/she shall be required to complete a medical internship and pass the qualification test before following procedures for issuance of practicing license.

6. If a practicing license is revoked in case the Expert Council defined in Article 101 of the Law on Medical Examination and Treatment establishes that the license holder has committed an error related to his/her professional and technical expertise in healthcare to the extent of incurring the sanction of revocation of his/her practicing license (point e clause 1 Article 35 of the Law on Medical Examination and Treatment): the license holder must complete a medical internship and pass the qualification test before following procedures for issuance of a new practicing license.

7. If a practicing license is revoked in case the Expert Council defined in Article 101 of the Law on Medical Examination and Treatment establishes that the license holder has committed an error related to his/her professional and technical expertise in healthcare for the second time to the extent of incurring the sanction of revocation of his/her practicing license for the second time within the validity period of his/her practicing license (point g clause 1 Article 35 of the Law on Medical Examination and Treatment): an application package for issuance of practicing license shall only be submitted after 12 months counting from the issue date of the revocation decision.

8. If a practicing license is revoked in case the competent state agency establishes that the license holder has violated professional ethics for the second time to the extent of incurring the sanction of suspension of his/her practice of medicine within the validity period of that practicing license (point h clause 1 Article 35 of the Law on Medical Examination and Treatment): the license holder must complete a medical internship and pass the qualification test before following procedures for issuance of a new practicing license.

9. If a practicing license is revoked in case such revocation is made at the request of the medical practitioner as prescribed in point i clause 1 Article 35 of the Law on Medical Examination and Treatment:

a) If the license holder submits an application package for issuance of practicing license within a period of less than 24 months from the issue date of the revocation decision, he/she shall be re-issued with the practicing license without re-practicing as a medical intern;

b) If the license holder submits an application package for issuance of practicing license within the period from 24 to 60 months from the issue date of the revocation decision, he/she shall be required to complete a medical internship before following procedures for re-issuance of practicing license;

c) If the license holder submits an application package for issuance of practicing license after 60 months from the issue date of the revocation decision, he/she shall be required to complete a medical internship and pass the qualification test before following procedures for issuance of practicing license.

Article 34. Actions taken after revoking practicing license for professional title of herbalist, folk remedy holder or folk therapy holder

1. If a practicing license is revoked in case the application package for issuance of that practicing license fails to meet regulations as prescribed in point a clause 1 Article 35 of the Law on Medical Examination and Treatment: the license holder is required to modify and re-submit the application package following procedures for re-issuance of practicing license.

2. If a practicing license is revoked in case there is any fraudulent document enclosed in the application package for issuance of the practicing license as prescribed in point b clause 1 Article 35 of the Law on Medical Examination and Treatment: an application package for issuance of practicing license shall only be submitted after 05 years counting from the issue date of the revocation decision.

3. If a practicing license is revoked in case the professional title or the scope of practice printed in that practicing license is different from those stated in the application package for issuance of the practicing license as prescribed in point c clause 1 Article 35 of the Law on Medical Examination and Treatment: the license holder shall follow procedures for re-issuance of practicing license without incurring any fees.

4. If a practicing license is revoked in case the license holder has not practiced medicine for 24 consecutive months as prescribed in point d clause 1 Article 35 of the Law on Medical Examination and Treatment: the license holder is required to submit an application package following procedures for issuance of practicing license.

5. If a practicing license is revoked in the case prescribed in clause 1, 2, 3, 4 or 6 Article 20 of the Law on Medical Examination and Treatment: the license holder is required to submit an application package following procedures for issuance of practicing license.

6. If a practicing license is revoked in case the Expert Council defined in Article 101 of the Law on Medical Examination and Treatment establishes that the license holder has committed an error related to his/her professional and technical expertise in healthcare to the extent of incurring the sanction of revocation of his/her practicing license (point e clause 1 Article 35 of the Law on Medical Examination and Treatment): the license holder may only follow procedures for issuance of practicing license after 12 months counting from the issue date of the revocation decision.

7. If a practicing license is revoked in case the Expert Council defined in Article 101 of the Law on Medical Examination and Treatment establishes that the license holder has committed an error related to his/her professional and technical expertise in healthcare for the second time to the extent of incurring the sanction of revocation of his/her practicing license for the second time within the validity period of his/her practicing license (point g clause 1 Article 35 of the Law on Medical Examination and Treatment): an application package for issuance of practicing license shall only be submitted after 12 months counting from the issue date of the revocation decision.

8. If a practicing license is revoked in case the competent state agency establishes that the license holder has violated professional ethics for the second time to the extent of incurring the sanction of suspension of his/her practice of medicine within the validity period of that practicing license (point h clause 1 Article 35 of the Law on Medical Examination and Treatment): the license holder may only follow procedures for issuance of practicing license after 12 months counting from the issue date of the revocation decision.

9. If a practicing license is revoked in case such revocation is made at the request of the medical practitioner as prescribed in point i clause 1 Article 35 of the Law on Medical Examination and Treatment: the license holder shall follow procedures for re-issuance of practicing license.

Section 8. USE OF LANGUAGES IN PRACTICE OF MEDICINE

Article 35. Standards of interpreters for foreign medical practitioners

1. An interpreter for a foreign medical practitioner who is delivering healthcare to a patient who does not use the same parent language as the medical practitioner or who is not proficient in the language that the medical practitioner has registered for use in his/her practice of medicine must be proficient in the languages that are used by the medical practitioner and the patient.

2. An interpreter for a foreign medical practitioner who enters Vietnam to attend humanitarian outreach healthcare campaign organized at intervals or provide transfer of professional and technical expertise in healthcare under the cooperation agreement between a health facility of Vietnam and a foreign health facility must:

a) be proficient in the language that is used by that foreign medical practitioner; and

b) hold a valid practicing license.

3. Prescription for treatment methods (or therapies) and medications must be given in Vietnamese. Prescription for treatment methods (or therapies) and medications given by a foreign medical practitioner must be written in the language that he/she has registered for use in his/her practice of medicine, and be translated into Vietnamese. Medication prescriptions must also bear his/her interpreter’s signature.

Article 36. Use of language in delivery of healthcare to patients who are foreigners, ethnic minorities incapable of using Vietnamese or people with language disorder or impairment in health facilities of Vietnam

1. In order to receive healthcare services from a health facility, a patient who is a foreigner living in Vietnam, ethnic minority incapable of using Vietnamese or a person with language disorder or impairment must follow registration procedures and indicate his/her preferred language in such registration so that the health facility may assign an appropriate medical practitioner or interpreter who is proficient in the language used by that patient.

If the health facility is incapable of doing so, the patient may provide his/her own interpreter and shall assume responsibility for this interpreter's performance.

2. Where a foreigner, ethnic minority incapable of using Vietnamese or a person with language disorder or impairment enters a health facility in a state of emergency without his/her representative but is still able to communicate:

a) In case a medical practitioner that is able to use the patient's language or an interpreter is not available when delivering emergency care to the patient, the health facility may assign its employee who is able to use the patient's language, if available, to assist during delivery of healthcare to the patient. In this case, the assigned employee assumes no responsibility for his/her interpretation;

b) In case none of the medical practitioner, interpreter and employee that is able to use the patient's language is available when delivering emergency care to the patient, the delivery of healthcare to the patient shall comply with the provisions of Article 15 of the Law on Medical Examination and Treatment.

3. Where a foreigner, ethnic minority incapable of using Vietnamese or a person with language disorder or impairment enters a health facility in a state of emergency without his/her representative and is not able to communicate, the delivery of healthcare to him/her shall comply with the provisions of Article 15 of the Law on Medical Examination and Treatment.

Section 9. RECOGNITION OF PRACTICING LICENSES

Article 37. Conditions, application package and procedures for recognition of practicing licenses issued by competent foreign bodies or organizations

1. An applicant for recognition of his/her practicing license issued by a competent foreign body or organization must meet the following conditions:

a) The applicant must be a Vietnamese or is working at a health facility in Vietnam or has been granted a work permit as prescribed by the Labor Code;

b) His/her practicing license must meet the conditions set out in clause 1 Article 29 of the Law on Medical Examination and Treatment.

2. An application package for recognition of a practicing license issued by a competent foreign body or organization is composed of:

a) An application form;

b) A legitimate copy of the issued practicing license.

3. Procedures for recognition of a practicing license:

a) The applicant shall submit an application package as prescribed in clause 2 of this Article to the Ministry of Health of Vietnam.

b) In case the applicant’s practicing license has been issued by a foreign body or organization competent to issue practicing licenses (hereinafter referred to as “foreign licensing body”) that has been assessed and accredited:

- Within 30 days of receipt of the application package, the Ministry of Health of Vietnam is obliged to send a response stating acceptance or refusal of grant of recognition;

- Where it is necessary to verify matters relating to the applicant’s training in foreign countries, the duration of decision to grant recognition shall be 30 days from the day on which verification results are available.

c) In case the applicant’s practicing license has been issued by a foreign licensing body that has not yet been assessed and accredited:

- The Ministry of Health of Vietnam shall carry out assessment for accreditation of that foreign licensing body as prescribed in Article 38 of this Decree;

- Within 30 days from the day on which assessment results are available, the Ministry of Health of Vietnam is obliged to send a response stating acceptance or refusal of grant of recognition;

- Where it is necessary to verify matters relating to the applicant’s training in foreign countries, the duration of decision to grant recognition shall be 30 days from the day on which verification results are available.

Article 38. Contents, principles and procedures for assessment for accreditation of foreign licensing bodies

1. The Ministry of Health of Vietnam shall carry out assessment for accreditation of foreign licensing bodies according to the contents prescribed in clause 3 Article 29 of the Law on Medical Examination and Treatment, which must be furnished by such foreign licensing bodies as the basis for consideration and recognition of practicing licenses.

2. Within 30 days of receipt of all of required documents as prescribed in clause 1 of this Article, the Ministry of Health of Vietnam shall carry out the assessment for accreditation. Where it is necessary to conduct a verification visit to the country where the licensing body is located, a detailed verification plan must be provided.

3. Upon completion of the assessment, the Ministry of Health of Vietnam shall give assessment and accreditation results to the foreign licensing body.