Chương VIII Nghị định 96/2023/NĐ-CP: Hướng dẫn thực hiện các quy định về lộ trình thực hiện; quy định chuyển tiếp liên quan đến giấy phép hành nghề và giấy phép hoạt động

Chapter VIII

GUIDANCE ON IMPLEMENTATION ROADMAP; TRANSITION PROVISIONS ON PRACTICING LICENSE AND OPERATING LICENSE

Section 1. ISSUANCE OF PRACTICING LICENSES IN TRANSITION PERIOD IN RESPECT OF APPLICATIONS SUBMITTED FROM JANUARY 01, 2024 TO DATE OF QUALIFICATION TEST FOR TITLES OF DOCTOR, PHYSICIAN ASSISTANT, NURSE, MIDWIFE, MEDICAL TECHNICIAN, CLINICAL NUTRITIONIST, OUT-OF-HOSPITAL PARAMEDIC OR CLINICAL PSYCHOLOGIST

Article 125. Procedures for issuance of practicing licenses

1. Upon completion of the training program, a holder of graduation diploma in healthcare may adopt one of the following three 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 Article 129 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 is not required to successfully complete the medical internship as prescribed in Article 129 of this Decree.

c) Continue attending postgraduate training course for master's degree or doctorate degree in healthcare sector at a foreign training institution, 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 is required to successfully complete the medical internship as prescribed in Article 129 of this Decree.

2. If a holder of practicing license issued as prescribed in point a clause 1 of this Article or a holder of practicing certificate issued before January 01, 2024 continues attending a specialty training course:

a) After obtaining a specialty qualification, he/she may apply for modification of his/her practicing license on which the scope of practice will be his/her training specialty without completing a he medical internship;

b) The holder of basic specialty certificate is required to complete an internship in the specialty written in his/her basic specialty certificate until the sum of the basic specialty training period and the internship period is enough 18 months (determined from the start date of the basic specialty training). Upon completing the internship, he/she may apply for modification of practicing license on which the scope of practice involves a specific specialty;

c) He/she may continue attending postgraduate training course for master's degree or doctorate degree in healthcare sector at a foreign training institution, and upon completion of such course, apply for modification of practicing license on which the scope of practice involves a specific specialty after having successfully completed the medical internship as prescribed in Article 129 of this Decree.

3. In case a medical practitioner attends a training course and is issued with a professional technique certificate as prescribed in clause 3 Article 128 of this Decree or a certificate or certification (including those issued before January 01, 2024) which is not yet 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 such professional technique certificate issued by a lawful training institution and the medical practitioner’s capacity to perform professional technique, 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 program as prescribed in point b clause 1 of this Article fails to apply for issuance of 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 129 of this Decree before applying for issuance of practicing license.

5. If a person who has been granted a specialty qualification as prescribed in point a 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 129 of this Decree before applying for modification of his/her practicing license.

6. If a person who has been granted a basic specialty certificate as prescribed in point b clause 2 of this Article fails to apply for modification of his/her practicing license within 24 months after completing a medical internship as prescribed in point b clause 2 of this Article, he/she shall be required to attend another medical internship in such specialty for the period specified in Article 129 of this Decree before applying for modification of his/her practicing license.

7. 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, nurse, medical technician, midwife, clinical nutritionist, clinical psychologist or out-of-hospital paramedic 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, certificate of folk remedy or certificate of folk therapy;

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.

8. If an applicant for practicing license has completed a medical internship at a health facility of the armed forces and wishes to obtain a practicing license issued by the Ministry of Health of Vietnam or a health authority affiliated to a provincial People's Committee, his/her medical internship must meet the requirements set forth in Section 1 Chapter II of this Decree.

Article 126. Cases and conditions for issuance of practicing license

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) The applicant falls in the case specified in:

- Point c clause 2 Article 137 of this Decree;

- Clause 3 Article 137 of this Decree;

- Point c clause 4 Article 137 of this Decree;

- Point b clause 5 Article 137 of this Decree;

- Point c clause 6 Article 137 of this Decree;

- Clause 7 Article 137 of this Decree;

- Clause 8 Article 137 of this Decree;

- Clause 9 Article 137 of this Decree;

- Point c clause 10 Article 137 of this Decree.

d) A medical practitioner who fails to follow renewal procedures as prescribed in point a clause 2 Article 134 of this Decree.

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 in 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 60 months.

2. 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:

a) The applicant must hold a professional qualification as prescribed in Article 127 of this Decree or a practicing license recognized as prescribed in Article 37 of this Decree in conformity with the title for which he/she is applying for the practicing license;

b) He/she is fit to practice medicine;

c) He/she is proficient in Vietnamese as prescribed in Article 138 of this Decree or is supported by an interpreter meeting the requirements in Article 139 of this Decree in case the applicant is a foreigner who is not proficient in Vietnamese;

d) He/she does not fall into the cases specified in Article 20 of the Law on Medical Examination and Treatment or is punished for an administrative offence involving the unlicensed practice of medicine within the time limit assigned for deeming that he/she has not yet been punished for administrative offences;

dd) He/she has successfully completed a medical internship as prescribed in Article 129 of this Decree, except the case specified in point b clause 1 Article 125 of this Decree.

Article 127. Qualifications required for issuance of practicing license

1. For the titles of doctor, nurse, midwife, medical technician (except the title of medical technician whose scope of practice involves medical laboratory), clinical nutritionist (except the title of clinical nutritionist with basic scope of practice), out-of-hospital paramedic and clinical psychologist:

a) Qualification required as a precondition for issuance of practicing license as prescribed in Article 8 of this Decree;

b) Degree of resident physician as prescribed in clause 1 Article 128 of this Decree;

c) Level-I specialty qualification as prescribed in clause 1 Article 128 of this Decree;

d) Level-II specialty qualification as prescribed in clause 1 Article 128 of this Decree;

dd) Master’s degree in healthcare sector;

e) Doctorate degree in healthcare sector.

2. For the title of physician assistant:

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

- Intermediate professional education diploma of 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 intermediate professional education diploma of physician assistant. These diplomas must be issued before January 01, 2027;

- 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:

- Intermediate professional education diploma of physician assistant in traditional medicine or intermediate professional education diploma 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 intermediate professional education diploma of physician assistant in traditional medicine. These diplomas must be issued before January 01, 2027;

- 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. For a medical technician whose scope of practice involves medical laboratory:

a) 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;

b) 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;

c) 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;

d) Bachelor’s degree in chemistry, biology or pharmacy (including graduation diploma issued by a foreign training institution and certified by the Minister of Education and Training of Vietnam to be equivalent to a bachelor’s degree) which must be accompanied with certificate or certification of completion of training course in medical laboratory technology with a minimum training duration of at least 03 months, issued by a training institution providing training courses in medical laboratory technology or a postgraduate qualification in testing.

4. For a clinical nutritionist whose scope of practice involves clinical nutrition:

a) 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;

b) 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;

c) Degree of doctor as prescribed in clause 1 of this Article which is accompanied with a basic specialty certificate in nutrition.

Article 128. Requirements attached to specialty qualifications, basic specialty certificates, and professional technique certificates in healthcare, clinical psychology

1. Requirements attached to specialty qualifications, degrees of resident physician, level-I specialty qualification and level-II specialty qualification in healthcare sector issued by training institutions:

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 basic specialty certificates issued by domestic training institutions:

a) The basic specialty certificate is issued by a training institution that has run at least 01 training course in the corresponding specialty certificate or by a health facility that is eligible to provide medical internship as prescribed in clause 2 Article 10 of the Government's Decree No. 111/2017/ND-CP dated October 05, 2017 prescribing organization of medical internship programs in healthcare sector (hereinafter referred to as " Decree No. 111/2017/ND-CP”) and is providing medical internship in the major or discipline of the same specialty level corresponding to training contents of the issued basic specialty certificate;

b) The training institution may use training curriculum and materials for the basic specialty certificate that itself compiles, appraises and issues, 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 training curriculum for specialty qualification in corresponding major or discipline, and may be connected with the training curriculum for specialty level;

c) The training duration is not shorter than 09 months.

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

a) It is issued by an educational 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.

4. In case a specialty qualification is used for modifying the scope of practice as prescribed in point a or b or c clause 1 Article 135 of this Decree, the start date of the training course must fall after the issue date of the practicing license or practicing certificate or the modified practicing license.

5. If a medical practitioner who holds a basic specialty certificate wishes to apply for modification of his/her scope of practice as prescribed in point a or b clause 1 Article 135 of this Decree, the following conditions must be satisfied:

a) The start date of the training course for the basic specialty certificate falls after the issue date of the practicing license or practicing certificate or the modified practicing license;

b) A medical internship in the specialty written in the basic specialty certificate must be successfully completed as a basis for modification of the practicing license. The sum of the basic specialty training period and the internship period is not shorter than 18 months.

6. Training for qualifications and certificates specified in clauses 1, 2, 3 of this Article must be published by training institutions on their websites.

Article 129. Medical internship required for issuance of practicing license

1. Any persons who start practicing as medical interns from January 01, 2024 shall comply with the provisions of Section 1 Chapter II of this Decree and the following provisions on the medical internship for the titles of clinical nutritionist, out-of-hospital paramedic or clinical psychologist:

a) The practicing duration, location and contents shall comply with provisions of Section 1 Chapter II of this Decree.

b) Instructors must meet the following conditions:

- From January 01, 2024 to December 31, 2026: instructors must be medical practitioners whose scope of practice is suitable for the instruction on the medical interns’ practice of medicine or must be medical practitioners who have at least 36 months of working experience suitable for the instruction on the medical interns’ practice of medicine;

- From January 01, 2027: the provisions of Clause 3 Article 7 of this Decree shall apply.

2. Provisions on certificate of completion of internship program for the title of clinical nutritionist:

a) The certificate of completion of internship program is issued according to the provisions of Section 1 Chapter II of this Decree;

b) There must be a written certification of working period in clinical nutrition of at least 09 months up to the date of submission of an application for practicing license at a health facility whose scope of professional activities includes clinical nutrition.

3. Provisions on certificate of completion of internship program for the title of out-of-hospital paramedic:

a) The certificate of completion of internship program is issued according to the provisions of Section 1 Chapter II of this Decree.

b) There must be a written certification of working period in emergency care of at least 09 months up to the date of submission of an application for practicing license at any of the following health facilities:

- A hospital’s emergency care department;

- An out-of-hospital emergency care facility;

- A facility providing emergency medical transportation service that is established before January 01, 2024 and whose scope of professional activities includes emergency care.

4. Provisions on certificate of completion of internship program for the title of clinical psychologist:

a) The certificate of completion of internship program is issued according to the provisions of Section 1 Chapter II of this Decree.

b) There must be a written certification of working period in clinical psychology of at least 09 months up to the date of submission of an application for practicing license at any of the following health facilities:

- A clinical psychology facility;

- A hospital whose scope of professional activities includes psychiatry or that has a clinical psychology department.

5. A person who starts practicing as a medical intern before January 01, 2024 as prescribed in the Law on Medical Examination and Treatment No. 40/2009/QH12 may:

a) apply the duration of practicing as a medical intern as prescribed in Article 3 of this Decree; and

b) include the duration of practicing as a medical intern before January 01, 2024 in total duration of practicing as a medical intern, provided the required duration of practicing as prescribed in Article 3 of this Decree must be achieved before December 31, 2024.

Article 130. Application package and procedures for issuance of practicing license

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 or 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:

- Professional qualification (not required if such professional qualification has 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) In addition to the documents prescribed in point b of this clause, an application package for issuance of practicing license on which the scope of practice involves a specific specialty must also include a legitimate copy of one of the specialty qualifications specified in points b, c, d, dd or e clause 1 Article 127 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 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.

dd) A legitimate copy of any of the following documents:

- Certificate of proficiency in Vietnamese as prescribed in Article 138 of this Decree (not required if such certificate has been shared or published on the healthcare management information system or national healthcare database);

- Interpreter’s eligibility certificate as prescribed in Article 139 of this Decree in case a foreigner is not proficient in Vietnamese (not required if such certificate has been shared or published on the healthcare management information system or national healthcare database), enclosed with the employment contract signed between the interpreter with the health facility where such foreigner will come to work.

e) 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).

g) An original or legitimate copy of certificate of completion of internship program made using Form No. 07 in Appendix I enclosed herewith in the case specified in point a or c clause 1 or clause 4 Article 125 of this Decree (not required if internship results have been shared or published on the healthcare management information system or national healthcare database).

h) 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 issuance of practicing license in the cases specified in points d, dd clause 1 Article 126 and where a practicing license has been revoked as prescribed in point c clause 2 Article 137, point c clause 3 Article 137, point b clause 4 Article 137, clause 7 Article 137, clause 8 Article 137, clause 9 Article 137, point c clause 10 Article 137 of this Decree includes:

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).

3. An application package for issuance of practicing license submitted by a person whose practicing license is revoked as prescribed in point c clause 6 Article 137 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).

4. An application package for issuance of practicing license in the case prescribed in point a clause 7 Article 125 of this Decree is composed of:

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

b) Legitimate copy(ies) of one or some 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;

- Fork remedy certificate;

- Folk therapy certificate.

5. Procedures for issuance of practicing license:

a) The applicant submits an application package for the corresponding case specified in clauses 1 through 4 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.

Article 131. Cases and conditions for re-issuance of practicing license

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

a) The practicing certificate has been issued before January 01, 2024 and the practicing license has been lost or damaged;

b) The practicing certificate has been issued before January 01, 2024 and there is any change in the following information on the practicing license: full name, date of birth or personal identification number of a Vietnamese practitioner; Passport number and nationality for foreign practitioner;

c) A person’s practicing certificate of practicing license has been revoked and he/she is eligible for re-issuance of practicing license as prescribed in Article 137 of this Decree.

d) The practicing license is issued ultra vires as prescribed in point d clause 1 Article 31 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 in 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 in 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:

a) 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;

b) Practicing certificates issued before January 01, 2024 as prescribed by the Law on Medical Examination and Treatment No. 40/2009/QH12 falling in re-issuance cases prescribed in points a, b, d clause 1 of this Article may be changed into practicing licenses in accordance with the Law on Medical Examination and Treatment No. 15/2023/QH15 and this Decree.

Article 132. Application package and procedures for re-issuance of practicing license

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 131 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 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 certificate in case there is any change in the following information on the practicing license: full name, date of birth or personal identification number of a Vietnamese practitioner; passport number and nationality for foreign practitioner as prescribed in point b clause 1 Article 131 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 (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 2 Article 137 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) 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 in case the practicing license is revoked as prescribed in point b clause 2 Article 137 of this Decree because 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) 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 point a clause 4 Article 137 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).

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 4 Article 137 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) 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);

c) 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);

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 point a clause 5 Article 137 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) An original or 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);

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).

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 6 Article 137 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) 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) 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).

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 6 Article 137 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) 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) 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) 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 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).

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 10 Article 137 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) 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).

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 10 Article 137 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) 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) 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);

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).

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 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 131 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 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) 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).

14. An application package for re-issuance of practicing license in the case prescribed in point e clause 1 Article 131 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 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) 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) A 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. An application package for issuance of practicing license submitted by a medical practitioner who is issued with a practicing certificate before January 01, 2024 in case this certificate has been lost or damaged 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 certificate (if available) (not required if such practicing certificate 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).

16. An application package for issuance of practicing certificate submitted by a medical practitioner who has been issued with a practicing certificate before January 01, 2024 in case there is any change in the following information: full name, date of birth or personal identification number of a Vietnamese practitioner, or passport number and nationality for foreign practitioner, is composed of:

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

b) An original of the issued practicing certificate;

c) The original(s) or legitimate copy(ies) of the document(s) proving such a change (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).

17. An application package for issuance of practicing license submitted by a medical practitioner whose practicing certificate has been revoked before January 01, 2024 as prescribed in Point a or b clause 1 Article 29 of the Law on Medical Examination and Treatment No. 40/2009/QH12 in case the period from after the practicing certificate has been revoked to the date of submission of application for practicing license shall not exceed 24 months 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).

18. Procedures for re-issuance of practicing license or practicing certificate issued before January 01, 2024:

a) The applicant for re-issuance of practicing license or practicing certificate which is issued before January 01, 2024 shall submit an application package for issuance or re-issuance of practicing license for the corresponding case specified in clauses 1 through 17 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.

Article 133. Cases and conditions for renewal of practicing license

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 134. Application package and procedures for renewal of practicing license

1. An application package for renewal of practicing license for the professional title of doctor, physician assistant, nurse, midwife, medical technician, clinical nutritionist, clinical psychologist, or out-of-hospital paramedic, 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 such continuous updating of medical knowledge has been shared or published on the healthcare management information system or national healthcare database);

d) A 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 a 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 as 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 his/her 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 qualified foreign entities or organizations, the duration of decision to renew the practicing license shall be 15 days from the day on which verification results are available.

Article 135. Cases and conditions for modification of practicing license

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

a) A person who has been issued with a practicing license or practicing certificate before January 01, 2024 on which the scope of practice does not include any specialty applies for addition of a specialty to his/her scope of practice;

b) A person who has been issued with a practicing license or practicing certificate before January 01, 2024 on which the scope of practice involves a particular specialty applies for addition of a specialty other than the licensed one to his/her scope of practice;

c) A person who has been issued with a practicing license or practicing certificate before January 01, 2024 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 or practicing certificate before January 01, 2024 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 or practicing certificate before January 01, 2024 on which the scope of practice does not include any specialty applies for addition of a specialty to his/her scope of practice, he/she must:

- hold one of the training qualifications specified in points b, c, d, dd or e clause 1 Article 127 of this Decree or the basic specialty certificate as prescribed in clause 2 Article 128 of this Decree corresponding to the title written in his/her practicing license and the specialty to be added;

- has successfully completed a medical internship, for the case prescribed in point b or c clause 2 Article 125 of this Decree.

b) In case a person who has been issued with a practicing license or practicing certificate before January 01, 2024 on which the scope of practice involves a particular specialty applies for addition of a specialty other than the licensed one to his/her scope of practice, he/she must:

- hold one of the training qualifications specified in points b, c, d, dd or e clause 1 Article 127 of this Decree or the basic specialty certificate as prescribed in clause 2 Article 128 of this Decree corresponding to the title written in his/her practicing license and the specialty to be added;

- has successfully completed a medical internship, for the case prescribed in point b or c clause 2 Article 125 of this Decree.

c) In case a person who has been issued with a practicing license or practicing certificate before January 01, 2024 on which the scope of practice involves a particular specialty applies for replacement of that licensed specialty with another one, he/she must:

- hold one of the training qualifications specified in points b, c, d, dd or e clause 1 Article 127 of this Decree corresponding to the title written in his/her practicing license and the new specialty;

- has successfully completed a medical internship, for the case prescribed in point c clause 2 Article 125 of this Decree.

Article 136. 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 135 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) or the practicing certificate issued before January 01, 2024.

c) 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:

- The training qualification as prescribed in Points b, c, d, dd or e Clause 1 Article 127 of this Decree;

- The basic specialty certificate as prescribed in clause 2 Article 128 of this Decree.

d) An original or 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), if the applicant is:

- a medical practitioner prescribed in Point b or c Clause 2 Article 125 of this Decree; or

- a medical practitioner prescribed in Clause 5 or 6 Article 125 of this Decree.

2. An application package for modification of practicing license submitted by a person who has been issued with a practicing license on which the scope of practice involves a particular specialty but stops practicing that licensed specialty and applies for replacement of that licensed specialty with another one as prescribed in point c clause 1 Article 135 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) or the practicing certificate issued before January 01, 2024.

c) A legitimate copy of the training qualification prescribed in point b, c, d, dd or e clause 1 Article 127 of this Decree (not required if such training 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 (not required if internship results have been shared or published on the healthcare management information system or national healthcare database), if the applicant is:

- a medical practitioner prescribed in Point c Clause 2 Article 125 of this Decree; or

- a medical practitioner prescribed in Clause 5 Article 125 of this Decree.

3. 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 135 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) or the practicing certificate issued before January 01, 2024;

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

4. Procedures for modification of practicing license in any of the cases prescribed in clause 1 Article 136 of this Decree:

a) The applicant submits an application package for the corresponding case as prescribed in clause 1 through 4 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.

Article 137. Procedures for suspension of medical practice, post-suspension actions; procedures for revocation of practicing license and post-revocation actions

1. Procedures for suspension of medical practice, post-suspension actions, and procedures for revocation of practicing license shall comply with the provisions of Articles 30, 31 and 32 of this Decree.

2. 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 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 before following procedures for issuance of practicing license.

3. 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 may be submitted after the following time limit:

a) In case the qualification or certificate of completion of internship program 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.

4. 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 before following procedures for issuance of practicing license.

5. 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.

6. 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 before following procedures for issuance of 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 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 before following procedures for issuance of a new practicing license.

8. 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.

9. 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 before following procedures for issuance of a new practicing license.

10. 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 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 before following procedures for issuance of practicing license.

Article 138. Criteria for recognition of medical practitioners’ proficiency in Vietnamese or in another language in healthcare

1. A medical practitioner shall be recognized to be proficient in Vietnamese in healthcare when he/she has been tested and recognized by a training institution prescribed in Article 140 of this Decree, except the cases prescribed in clause 3 of this Article.

2. In case a medical practitioner registers for use of a language other than his/her native language or Vietnamese when delivering healthcare services, he/she must be tested and recognized by a training institution prescribed in Article 140 of this Decree to be proficient in the language that he/she has registered for use in healthcare, except the cases prescribed in clause 3 of this Article.

3. A medical practitioner shall be recognized to be proficient in Vietnamese or another language in healthcare without passing a language test if he/she meets any of the following criteria:

a) He/she holds an intermediate professional education diploma, or higher, in healthcare sector issued by a Vietnamese or foreign lawful training institution after having successfully completed this institution’s training program delivered in Vietnamese or the language that he/she registers for use during delivery of healthcare services.

b) He/she holds certificate of completion of a training course in healthcare sector which lasts at least 12 months and is delivered in Vietnamese or the language that he/she registers for use during delivery of healthcare services;

c) He/she holds a bachelor’s degree in Vietnamese or the language that he/she registers for use during delivery of healthcare services, which is issued by a Vietnamese or foreign lawful training institution.

The diploma or certificate prescribed in point a or b of this clause must have been issued within 05 years of submitting an application.

Article 139. Criteria for recognition of eligibility of interpreters in healthcare sector

1. A person’s eligibility to make language interpretation in healthcare sector shall be recognized if he/she has been tested and recognized by a training institution prescribed in Article 140 of this Decree, except the cases prescribed in clause 2 of this Article.

2. An interpreter in healthcare sector may be recognized to be eligible without passing any language test if he/she:

a) holds an intermediate professional education diploma, or higher, in healthcare sector issued by a Vietnamese or foreign lawful training institution after having successfully completed this institution’s training program delivered in the language that he/she registers for acting as an interpreter;

b) hold a certificate of completion of a training course in healthcare sector which lasts at least 12 months and is delivered in the language that he/she registers for acting as an interpreter;

c) hold an intermediate professional education diploma, or higher, in healthcare sector, or herbalist certificate and a bachelor's degree in the language that he/she registers for acting as an interpreter.

The diploma or certificate prescribed in point a or b clause 2 of this Article must have been issued within 05 years of submitting an application.

3. An interpreter may only interpret for a medical practitioner at the same time he/she is giving medical examination and treatment to a patient.

Article 140. Eligibility requirements to be satisfied by training institutions testing and recognizing ones’ proficiency in Vietnamese or other languages or eligibility of interpreters in healthcare sector

A training institution shall be eligible to test and recognize ones’ proficiency in Vietnamese or other languages or eligibility of interpreters in healthcare sector if it meets the following requirements:

1. It is a Vietnamese higher education institution providing training courses in healthcare sector.

2. It has a foreign language department teaching the language being tested.

3. It has a question bank for testing ones’ proficiency in Vietnamese or other languages or eligibility of interpreters in healthcare sector.

Article 141. Application package and procedures for issuance of certificate of eligibility to training institutions testing and recognizing ones’ proficiency in Vietnamese or other languages or eligibility of interpreters in healthcare sector

1. An application package includes:

a) Legitimate copies of documents proving the establishment and operation of the training institution;

b) Documentary evidences of the existence of the foreign language department as prescribed in clause 2 Article 140 of this Decree and the list of full-time lecturers working at this department;

c) The question bank used for testing ones’ proficiency in Vietnamese or other languages or eligibility of interpreters in healthcare sector in respect of the language to be tested.

2. In case a training institution that has been issued with a certificate of eligibility to test and recognize ones’ proficiency in Vietnamese or other languages or eligibility of interpreters in healthcare sector applies for addition of a language being tested, the application package shall include the documents in points b and c clause 1 of this Article.

3. Procedures:

a) The training institution shall send an application package for certificate of eligibility to test and recognize ones’ proficiency in Vietnamese or other languages or eligibility of interpreters in healthcare sector (hereinafter referred to as “test language”) as prescribed in clause 1 of this Article to the Ministry of Health of Vietnam;

b) Upon its receipt of the application package, the Ministry of Health of Vietnam shall give a receipt note made using Form 02 in Appendix I enclosed herewith to the training institution;

c) Within 15 days from the receipt of the application package, if the application package is satisfactory, the Ministry of Health of Vietnam shall issue a certificate of eligibility to test language in healthcare sector to the training institution using Form 02 in Appendix III enclosed herewith. If an application is refused, a written response clearly indicating reasons for refusal shall be given;

d) If the application package is unsatisfactory, within 5 working days from the date written in the receipt note, the receiving authority must send a written request for modification, in which contents need to be modified must be specified, to the training institution;

dd) Within 15 days from the receipt of the modified application, the Ministry of Health of Vietnam shall issue a certificate of eligibility to test language to the training institution using Form 02 in Appendix III enclosed herewith; If an application is refused, a written response clearly indicating reasons for refusal shall be given;

e) Within 10 days from the issue date of the certificate of eligibility to test language, the Ministry of Health of Vietnam shall publish the name of the certificate holder on its web portal and on the healthcare management information system.

Article 142. Application package and procedures for recognition of proficiency in Vietnamese or other languages or eligibility of interpreters in healthcare sector

1. An application package for testing and recognition of language proficiency in healthcare sector includes:

a) An application form (made using Form 01 in Appendix III enclosed herewith);

b) A legitimate copy of ID card, citizen identity card or unexpired passport;

c) Two color photos of 04 x 06 cm size, taken against a white background within 06 months of submitting the application.

2. An application package for recognition of proficiency in Vietnamese or other languages or eligibility of interpreters in healthcare sector includes:

a) An application form (made using Form 01 in Appendix III enclosed herewith);

b) The documents specified in Points b and c clause 1 of this Article;

c) Legitimate copies of the qualifications/certificates prescribed in clause 3 Article 138 of this Decree, in case of application for recognition of proficiency in Vietnamese or other languages in healthcare sectors; legitimate copies of the qualifications/certificates prescribed in clause 2 Article 139 of this Decree, in case of application for recognition of interpreter’s eligibility in healthcare sector.

3. Procedures for testing and recognition:

a) The applicant shall submit an application package as prescribed in clause 1 of this Article to the training institution mentioned in Article 140 of this Decree;

b) Within 30 days from the receipt of adequate and valid application package, the training institution shall organize testing and issue a certificate using Form 03 in Appendix III enclosed herewith to the applicant mentioned in clauses 1 and 2 Article 138, and clause 1 Article 139 of this Decree. Testing results must be openly published.

4. Procedures for recognition:

a) The applicant shall submit an application package as prescribed in clause 2 of this Article to the training institution mentioned in Article 140 of this Decree;

b) Within 10 working days from the receipt of adequate and valid application package, the training institution shall issue a certificate using Form 03 in Appendix III enclosed herewith to the applicant mentioned in clause 3 Article 138, and clause 2 Article 139 of this Decree. If an application is refused, a written response clearly indicating reasons for such refusal shall be given.

5. The list of persons granted certificates as prescribed in point b clause 3 and point b clause 4 of this Article shall be published on the website of the training institution and on the healthcare management information system.

Section 2. ROADMAP FOR CONVERSION TO PRACTICING LICENSE AND TRANSITION ON OPERATING LICENSE

Article 143. Transition on medical internship, practicing certificates and conversion of practicing certificates issued under Law on Medical Examination and Treatment No. 40/2009/QH12

1. A person who has started their internship before January 01, 2024 but not yet completed the internship duration may:

a) continue their internship according to provisions of the Law on Medical Examination and Treatment No. 40/2009/QH12 and its guiding documents. Internship results shall be used as the basis for issuance of a practicing license on which the scope of practice shall comply with the provisions of the Law on Medical Examination and Treatment No. 40/2009/QH12; or

b) comply with provisions on medical internship in this Decree.

2. From January 01, 2024, the practicing certificates issued under the Law on Medical Examination and Treatment No. 40/2009/QH12 and its guiding documents shall be deemed valid as practicing licenses until they are converted as prescribed in clause 3 of this Article while the scope of practice approved by competent authorities remain unchanged.

3. Conversion of practicing certificates into practicing licenses shall be made when following renewal procedures. To be specific:

a) Since 2030, a practicing certificate issued under the Law on Medical Examination and Treatment No. 40/2009/QH12 and its guiding documents shall be valid for 05 years;

b) The practicing certificate prescribed in point a of this clause shall expire in 2035. The expiry date shall be determined according to the date written on the issued practicing certificate;

c) A medical practitioner shall follow renewal procedures as prescribed in clause 2 Article 134 of this Decree to continue practicing medicine. If a medical practitioner who holds a practicing certificate issued by the Ministry of Health of Vietnam stops working for health facilities affiliated to this Ministry, he/she shall follow renewal procedures with a health authority affiliated to the relevant provincial People’s Committee.

4. Modification, re-issuance, suspension, revocation and post-suspension and post-revocation actions against holders of practicing certificates issued under the Law on Medical Examination and Treatment No. 40/2009/QH12 shall comply with provisions of the Law on Medical Examination and Treatment No. 15/2023/QH15 and the provisions of Section 1 Chapter VIII of this Decree. The validity period of a practicing license shall start from the day on which that practicing license is re-issued.

5. Certificates issued by commune People’s Committees to dentist assistants who have been practicing from 1980 or earlier still remain valid without following procedures for conversion into practicing licenses.

6. If a holder of a practicing certificate issued under the Law on Medical Examination and Treatment No. 40/2009/QH12 wishes to apply for conversion of his/her practicing certificate into practicing license before the time prescribed in clause 3 of this Article, he/she shall be required to submit an application package and follow procedures for issuance of a new practicing license as prescribed in Article 130 of this Decree and return the issued practicing certificate.

7. Where an application package for practicing certificate has been shared and published on the healthcare management information system, the application package for re-issuance or modification or that practicing certificate under the Law on Medical Examination and Treatment No. 40/2009/QH12 shall be sent to the competent authority defined in Article 28 of the Law on Medical Examination and Treatment No. 15/2023/QH15.

8. Where an application package for practicing certificate has not yet been shared and published on the healthcare management information system, the application package for re-issuance or modification or that practicing certificate under the Law on Medical Examination and Treatment No. 40/2009/QH12 shall be sent to the authority issuing that practicing certificate.

Article 144. Transition on operating license

1. Health facilities that have been operating under operating licenses issued under the Law on Medical Examination and Treatment No. 40/2009/QH12 and its guiding documents shall be allowed to continue their operating under such issued operating licenses without converting into forms of organization prescribed in the Law on Medical Examination and Treatment No. 15/2023/QH15 and Article 39 of this Decree.

Any health facility that wishes to convert into a form of organization prescribed in this Decree must follow procedures for modification of its operating license as prescribed in Articles 64, 65 and 66 of this Decree.

2. A health facility that is a regional polyclinic and is issued with an operating license before the effective date of this Decree shall be allowed to provide inpatient treatment but must provide adequate staff on duty at all times (i.e. 24 hours per day and 7 days per week) to provide professional care.

3. A health facility that is an emergency care and patient transport service provider and is issued with an operating license before the effective date of this Decree may continue their operation but must meet the following requirements:

a) Material facilities:

- It has a fixed location which is well-lit and separated from the family living area;

- Electricity and water systems and other conditions for caring patients are available.

b) Equipment and vehicles for transporting patients;

- Emergency vehicles with adequate medical devices are sufficient;

- It must be equipped with anaphylaxis kits and adequate emergency medicines to ensure safety and hygienic conditions for patients.

c) Personnel:

- Any employee that provides medical examination and treatment shall be required to possess a valid practicing certificate or practicing license and perform assigned tasks suitable to his/her scope of practice;

- Its person in charge of professional practices must be a doctor possessing a valid practicing certificate or person holding a practicing license for the title of doctor, holding professional qualification or certificate or certification of completion of training course in resuscitation in emergency care; have at least 36 months of practicing period; is its full-time medical practitioner.

d) A contract for emergency transport services signed with an air service company must be available, if it registers for transport of patients to foreign countries.

Article 145. Authority to issue, re-issue and modify operating license within period from January 01, 2024 to December 31, 2026

1. The Minister of Health of Vietnam shall have authority to:

a) issue and re-issue operating licenses to health facilities under its management and private hospitals.

b) modify operating licenses of health facilities under its management and private hospitals if their scope of professional activities are changed: addition or removal of techniques to or from their scope of professional activities.

c) modify operating licenses of health facilities under its management and private hospitals if their scale is changed. To be specific:

- There is an increase or decrease in number of professional departments or wards of the health facility, including the case specified in point dd clause 1 Article 54 of the Law on Medical Examination and Treatment;

- The number of hospital beds of the health facility is increased or decreased by at least 10% or by less than 10% but more than 30 hospital beds;

- The number of hospital beds of the health facility is changed as prescribed in clause 4 of this Article.

d) modify operating licenses of health facilities under its management and private hospitals if their opening hours are changed.

dd) modify operating licenses of health facilities under its management and private hospitals if there are changes in their names or addresses (without relocation).

2. Health authorities affiliated to provincial People's Committees shall have authority to:

a) issue or re-issue operating licenses to health facilities located in their provinces, except those under the management of the Ministry of Health of Vietnam, the Ministry of National Defence of Vietnam, or the Ministry of Public Security of Vietnam, and private hospitals.

b) modify operating licenses of health facilities located in their provinces, except those under the management of the Ministry of Health of Vietnam, the Ministry of National Defence of Vietnam, or the Ministry of Public Security of Vietnam, and private hospitals, if their scope of professional activities are changed: addition or removal of techniques to or from their scope of professional activities.

c) modify operating licenses of health facilities located in their provinces, except those under the management of the Ministry of Health of Vietnam, the Ministry of National Defence of Vietnam, or the Ministry of Public Security of Vietnam, and private hospitals, if their scale is changed. To be specific:

- There is an increase or decrease in number of professional departments or wards of the health facility, including the case specified in point dd clause 1 Article 54 of the Law on Medical Examination and Treatment;

- The number of hospital beds of the health facility is increased or decreased by at least 10% or by less than 10% but more than 30 hospital beds;

- The number of hospital beds of the health facility is changed as prescribed in clause 4 of this Article.

d) modify operating licenses of health facilities located in their provinces, except those under the management of the Ministry of Health of Vietnam, the Ministry of National Defence of Vietnam, or the Ministry of Public Security of Vietnam, and private hospitals, if their opening hours are changed.

dd) modify operating licenses of health facilities located in their provinces, except those under the management of the Ministry of Health of Vietnam, the Ministry of National Defence of Vietnam, or the Ministry of Public Security of Vietnam, and private hospitals, if there are changes in their names or addresses (without relocation).

3. A hospital may increase or decrease the number of hospital beds of its departments or wards by less than 10% of its total number of hospital beds specified in its operating license but not more than 30 hospital beds, and must send a written report on such change to its supervisory authority. Such report must indicate:

a) The number of hospital beds of its departments or wards to be increased or decreased;

b) Declaration of its material facilities, medical devices and personnel proving its satisfaction of conditions for making change in number of its hospital beds.

4. If a hospital wishes to change the number of its hospital beds after it has completed procedures for increase or decrease of the number of its hospital beds by less than 10%, it shall be required to follow procedures for modification of its operating license as prescribed in Article 66 of this Decree. The hospital shall send an application package for modification of its operating license to:

a) The Ministry of Health of Vietnam, if it is affiliated to the Ministry of Health of Vietnam or a private hospital; or

b) The health authority affiliated to the People’s Committee of province or city where it is located, unless it is affiliated to the Ministry of Health of Vietnam, the Ministry of National Defence of Vietnam, or the Ministry of Public Security of Vietnam, and private hospitals.

5. If a hospital wishes to change the number of its hospital beds after it has completed procedures for modification of its operating license as prescribed in clause 4 of this Article, it shall follow corresponding guidelines in clause 3 and clause 4 of this Article.

6. Application packages for issuance, re-issuance and modification of operating licenses submitted before December 31, 2026 shall be considered by the corresponding authority prescribed in clauses 1, 2 and 4 of this Article.

Article 146. Classification of health facilities by levels of professional techniques

Hospitals that have been issued with operating licenses before January 01, 2024 must follow procedures for being classified before January 01, 2025. Classification of these hospitals by levels of professional techniques shall be carried out as follows:

1. If the period from the issue date of the operating license to the day on which procedures are followed is shorter than 02 years, only an application form for classification as prescribed in point a clause 1 Article 90 of this Decree is submitted. Within 15 working days from the receipt of the application form submitted by the hospital, the licensing authority shall issue a document to temporarily classify the hospital into the basic healthcare level. This document on temporary classification of the hospital shall be valid for 02 years from the date thereon. At least 60 days before the expiry date of this document, the hospital must submit an application for classification of its professional and technical expertise as prescribed in Article 90 of this Decree.

2. If the period from the issue date of the operating license to the day on which procedures are followed is enough 02 years or longer, the hospital must submit an application package and follow procedures as prescribed in Article 90 of this Decree. Classification results shall be applied from January 01, 2025.

Bài viết liên quan

Thủ tục đăng ký giấy phép hoạt động khám chữa bệnh

Thủ tục đăng ký giấy phép hoạt động khám chữa bệnh

Thủ tục đăng ký giấy phép hoạt động khám chữa bệnh đóng vai trò quan trọng, không chỉ giúp các cơ sở y tế tuân thủ quy định của pháp luật mà còn bảo vệ quyền lợi của người bệnh. Vậy hiện nay, pháp luật quy định như thế nào về Thủ tục đăng ký giấy phép hoạt động khám chữa bệnh và các vấn đề liên quan? 18/11/2024

Người đứng đầu cơ sở khám chữa bệnh là ai?

Người đứng đầu cơ sở khám chữa bệnh là ai?

Người đứng đầu cơ sở khám chữa bệnh có thể có nhiều tên gọi khác nhau tùy thuộc vào quy mô và loại hình của cơ sở đó, cũng như quy định của từng quốc gia hoặc địa phương. Cùng xem bài viết dưới đây để hiểu rõ về người đứng đầu cơ sở khám chữa bệnh 08/11/2024

Trình tự, thủ tục đăng ký giấy phép hoạt động khám, chữa bệnh

Trình tự, thủ tục đăng ký giấy phép hoạt động khám, chữa bệnh

Hiện nay, với việc mức sống ngày càng gia tăng, đời sống được cải thiện, vấn đề sức khỏe đang ngày càng được mọi người quan tâm nhiều hơn. Với xu thế đó, đang ngày càng có nhiều cơ sở khám, chữa bệnh được ra đời nhằm đáp ứng nhu cầu thiết yếu này. Theo quy định pháp luật, để được thành lập cơ sở khám, chữa bệnh, cần phải được cấp giấy phép khám, chữa bệnh theo quy định pháp luật. Quý độc giả hãy cùng theo dõi bài viết sau để nắm rõ hơn về trình tự, thủ tục đăng ký giấy phép khám, chữa bệnh theo quy định pháp luật. 05/11/2024