CIRCULAR

Guidance on amending and supplementing certain points

of Circular No. 01/2004/TT-BYT dated January 6, 2004

of the Minister of Health guiding private medical and pharmaceutical practice

In order to facilitate the examination and issuance of certificates for private medical and pharmaceutical practice and to provide state-owned enterprises after shareholding reform with time to train and arrange personnel, the Ministry of Health issues guidance on amending and supplementing certain points of Circular No. 01/2004/TT-BYT dated January 6, 2004 guiding private medical and pharmaceutical practice (hereinafter referred to as Circular No. 01) as follows:

1. Guidance on supplementing the implementation of point c Clause 1 Article 64 and Clause 1 Article 72 of Circular No. 01 is as follows:

Foreign nationals and overseas Vietnamese who request to be issued a certificate for private medical and pharmaceutical practice or a permit to work at healthcare facilities in Vietnam must submit documents in accordance with point c Clause 1 Article 64 and Clause 1 Article 72 of Circular No. 01. Professional qualifications and other documents specified in the application form issued by foreign authorities or notarized by officials must be apostilled and translated into Vietnamese, with the translation being notarized according to Vietnamese law. The apostilling process shall be carried out in accordance with Circular No. 01/1999/TT-NG dated June 3, 1999 of the Ministry of Foreign Affairs on the procedures for apostilling documents and materials.

2. Amend and supplement the provisions at point 2 of Clause 8 Article 79 of Circular No. 01 as follows:

Optical service establishments that existed before Circular No. 01 took effect but whose heads did not meet the conditions stipulated in Clause 1 Article 13 of Circular No. 01 must have a training plan so that by January 31, 2005, the head meets the required conditions.

State-owned enterprises after shareholding reform that have both university-level pharmacists and intermediate-level pharmacists shall comply with the provisions at point c and point d Clause 2 Article 46 and point c and point d Clause 2 Article 47 of Circular No. 01. If they lack staff to comply with these provisions, optical establishments of such enterprises existing before June 1, 2003 in cities, towns, and townships may continue operations until December 31, 2005. After this date, the heads of these establishments must meet the conditions set forth in point c and point d Clause 2 Article 46 and point c and point d Clause 2 Article 47 of Circular No. 01.

This Circular takes effect fifteen days from the date of publication in the Official Gazette. Previous regulations contrary to this Circular are hereby abolished, and Circular No. 08/2002/TT-BYT dated June 20, 2002 of the Ministry of Health guiding foreign cooperation and investment in traditional medicine healthcare services in Vietnam is also abolished.