Circular No. 11/2001/TT-BYT guiding the conditions for practicing massage services

CIRCULAR

Guidelines for Conditions of Practicing Massage Services

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Pursuant to the Enterprise Law and guiding legal documents for implementing the Enterprise Law, Decree No. 11/1999/NĐ-CP dated March 3, 1999 of the Government on prohibited goods and services, restricted business activities, and business activities with conditions; Decree No. 02/2000/NĐ-CP dated February 3, 2000 of the Government on business registration; Decree No. 03/2000/NĐ-CP dated February 3, 2000 of the Government guiding implementation of certain provisions of the Enterprise Law;
Pursuant to the Private Medical and Pharmaceutical Practice Ordinance and Decree No. 06/CP dated January 29, 1994 of the Government detailing certain provisions of the Private Medical and Pharmaceutical Practice Ordinance;
Pursuant to Decree No. 87/CP dated December 12, 1995 of the Government on strengthening management of cultural activities and cultural services, and intensifying eradication of serious social evils;
Pursuant to Decree No. 30/2000/NĐ-CP dated August 11, 2000 on abolishing some permits and converting some permits into business conditions;
The Ministry of Health issues guidelines for conditions of practicing massage services as follows:

I. GENERAL PROVISIONS

1. Massage is a method within the system of physical therapy methods aimed at restoring and enhancing human health.

2. All medical examination and treatment facilities, rehabilitation centers, and hotels organizing massage services must comply with the provisions of this Circular.

3. Beauty care, aesthetic, facial care, and massage establishments not falling within the scope regulated by this Circular.

4. Blind associations at all levels, if meeting the conditions stipulated in Section II of this Circular regarding conditions for massage service establishments, may register to organize massage services.

II. CONDITIONS FOR ESTABLISHMENTS PROVIDING MASSAGE SERVICES

1. Must have a responsible physician for massage services: The responsible physician must meet the following requirements:

a) Specialization:

- Specialist physician in rehabilitation.

- Specialist physician in traditional medicine or general practitioner with a certificate in physical therapy-rehabilitation training from schools designated by the Ministry of Health (as listed in Appendix 1).

b) If currently employed, permission to work outside regular hours must be granted in writing by the leadership of their organization.

c) Must be in good health to work (health certificate issued by a medical examination and treatment facility at district level or higher).

d) Can only register to practice at one establishment and bear responsibility for professional technical matters.

Strictly prohibited from renting or lending diplomas or training certificates.

e) Employment contract between the physician and the business owner.

2. Must have massage technicians:

Massage technicians must meet the following requirements:

a) Hold a certificate in massage technique training from one of the schools designated by the Ministry of Health (as listed in Appendix 1).

b) Massage technicians must perform according to the established technical procedures. After three years, the responsible physician must re-evaluate the skills of the massage technicians; if they meet the standards, they can continue practicing, otherwise, they must undergo retraining at designated training institutions.

c) Upon hiring, must have a health certificate issued by a medical examination and treatment facility at district level or higher. During employment, must undergo periodic health check-ups every 3 to 6 months at medical examination and treatment facilities at district level or higher. Those suffering from mental illness, hepatitis B, HIV/AIDS, skin diseases, pulmonary tuberculosis, and other infectious diseases during treatment periods are not allowed to practice.

d) Employment contract with the business owner must be approved by the responsible physician.

3. Other conditions:

a) Signage: Must correctly display "Massage" or "Massage Therapy," and cannot display phrases such as "Physical Therapy, Rehabilitation" or other names.

b) Massage rooms must meet the following conditions:

- Spacious, with partitions for individual beds or private rooms (room area of 4 square meters or more), ceiling height of 2.5 meters or more.

- Adequate lighting, without using dimming lights.

- Light switches located outside the massage room.

- Equipped with lockable cabinets for storing customers' clothing and belongings.

- No internal locking mechanisms.

- No communication devices to announce into the massage room.

- Entrance door with clear glass, positioned 1.5 meters above ground, 0.5 meters high, and 0.8 meters wide.

- Massage beds must be the correct size, height: 0.6 to 0.8 meters, width: 0.7 to 0.9 meters, length: 2.0 to 2.2 meters, with firm mattresses, bed sheets, pillows, and towels that must be sterilized and used only once.

- Beds placed at a 45-degree angle relative to the entrance door glass.^° - Displayed prominently on each wall is a large print technical procedure chart (printed on A1 paper) (Appendix 2) (*).

- Each room must have an emergency bell arranged to lead directly from the massage room to the doctor's office or reception area.

c) Must have a clean and hygienic bathroom with adequate clean water supply.

d) Doctor's room must have an examination bed, emergency medical cabinet, desk, and basic health-check equipment.

e) Must have sufficient medications as specified in the list, and common medical supplies (Appendix 3).

f) Massage technicians must wear neat, clean, and appropriate uniforms with name tags indicating the establishment's name, technician's name, and a 3x4 inch photo, and can only practice in massage rooms as specified in Section II Clause 2 above.

III. INSPECTION, AUDIT, AND VIOLATION HANDLING

Provincial Health Departments (referred to collectively as provinces) are responsible for inspecting the operations of massage service establishments. Regular or surprise inspections must be organized to check compliance with the provisions of this Circular and related laws.

The Ministry of Health will coordinate with provincial health departments to conduct regular or surprise inspections to ensure compliance with the provisions of this Circular.

Organizations and individuals practicing massage services must comply with these regulations and facilitate inspection and audit processes at their establishments. Violators will be subject to legal penalties based on the severity of their violations.

Organizations and individuals engaged in massage shall be responsible for complying with and facilitating inspections and audits at their premises. Organizations and individuals violating the provisions of this Circular shall be subject to legal proceedings depending on the severity of the violation.

This Circular shall take effect fifteen days from the date of issuance and shall replace Circular No. 19/BYT-TT dated December 21, 1995, issued by the Ministry of Health guiding the organization and management of massage services.

IV. IMPLEMENTATION

1. The Ministry of Health assigns the Department of Treatment and the Department of Science and Training to continue perfecting the supplementary rehabilitation program for general practitioners practicing massage and the training program for massage technicians.

2. The Ministry of Health assigns universities of medicine and secondary medical schools (as listed in Appendix 1) the responsibility of training specialized staff according to the programs issued by the Ministry of Health and training massage technicians (only those with at least primary school graduation certificates are permitted to be trained). After completing the course, if students pass the examination, they will be issued a certificate confirming their completion of the massage technical training program. Any entities requiring their staff to attend training should contact the assigned training institutions (as listed in Appendix 1 of this Circular).

3. The directors of medical examination and treatment facilities, rehabilitation centers, hotel directors, Chairmen of the Blind Association, or other organizations operating massage services must supervise all activities within their premises and bear legal responsibility for the facilities under their management. If prostitution occurs in massage rooms, the directors and chairmen will be subject to legal proceedings as prescribed by law.

4. Provincial Health Departments shall coordinate with Public Security Departments and Tourism Departments to report to the People's Committees of provinces to organize and implement this Circular.

5. Each year, provincial Health Departments shall submit reports to the Ministry of Health (Department of Treatment) evaluating the implementation of this Circular by facilities under their management.

6. Each year, medical schools training doctors practicing massage and massage technicians shall submit reports to the Ministry of Health (Department of Treatment) using the form provided in Appendix 4.