Circular No. 18/2014/TT-BQP on issuing practice certificates for medical practitioners and operating permits for medical facilities under the Ministry of National Defense

 

CIRCULAR

Article 24Prescribing issuance of practice certificates for medical practitioners and issuance of permits for medical facilities under the Ministry of National Defense

 for diagnosis and treatment

 under the Ministry of National Defense

________________

Pursuant to the Law on Legislative Documents of 2008;

Pursuant to the Medical Examination and Treatment Law 2009;

Pursuant to Decree No. 87/2011/NĐ-CP dated September 27, 2011 of the Government detailing and guiding the implementation of certain provisions of the Medical Examination and Treatment Law;

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Considering the proposal of the Director of the Military Health Service Bureau;

The Minister of National Defense prescribes the issuance of practice certificates for medical practitioners for diagnosis and treatment and the issuance of permits for medical facilities for diagnosis and treatment under the Ministry of National Defense as follows.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates:

1. Issuance and reissuance of practice certificates for medical practitioners for diagnosis and treatment (hereinafter referred to as medical practitioners) under the Ministry of National Defense.

2. Issuance, reissuance, and adjustment of permits for operation for medical facilities for diagnosis and treatment under the Ministry of National Defense.

Article 2. Applicability

This Circular applies to officers, non-commissioned officers, civilian employees, contractual workers practicing diagnosis and treatment; medical facilities for diagnosis and treatment under the Ministry of National Defense and related agencies, units, and individuals.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. The period of diagnosis and treatment for issuance of a practice certificate is the direct time spent on diagnosis and treatment or caring for patients from the date such person begins practicing diagnosis and treatment after obtaining a professional degree (determined from the date of recruitment decision or labor contract signing) until the date of application for a practice certificate (including time spent studying specialty courses or postgraduate studies in accordance with the specialty for which the practice certificate is applied for).

2. A full-time worker is someone working throughout the entire operational period registered by the medical facility for diagnosis and treatment.

Article 4. Medical Practitioners and Medical Facilities for Diagnosis and Treatment Under the Ministry of National Defense

1. Medical practitioners for diagnosis and treatment under the Ministry of National Defense include the subjects prescribed in Article 17 of the Medical Examination and Treatment Law currently working at medical facilities for diagnosis and treatment under the Ministry of National Defense.

2. Medical facilities for diagnosis and treatment under the Ministry of National Defense include:

a) Hospitals, research institutes with beds, traditional medicine hospitals, military-civilian hospitals (hereinafter collectively referred to as hospitals);

b) Military health stations, military-civilian health stations (hereinafter collectively referred to as health stations);

c) Polyclinics: specialized polyclinics, military-civilian polyclinics (hereinafter collectively referred to as polyclinics);

d) Health services of organs from division level and equivalent, and bed-holding health teams (hereinafter collectively referred to as organ health services);

đ) Health services of battalions and equivalent (hereinafter collectively referred to as unit health services)

Article 5. Rights and Obligations of Medical Practitioners for Diagnosis and Treatment and Medical Facilities for Diagnosis and Treatment Under the Ministry of National Defense

1. Medical practitioners and medical facilities for diagnosis and treatment have rights and obligations as prescribed in Articles 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, and 53 of the Medical Examination and Treatment Law.

2. In addition to implementing the provisions of Clause 1 of this Article, medical practitioners and medical facilities for diagnosis and treatment have the obligation to comply with regulations stipulated in the Military Health Service Regulations and the Troop Management Regulations of the Ministry of National Defense.

Article 6. Fees for issuing, reissuing practice certificates for medical examination and treatment; issuing, reissuing, and adjusting permits for medical examination and treatment activities

The collection and use of fees for issuing and reissuing practice certificates for medical practitioners; issuing, reissuing, and adjusting permits for medical examination and treatment activities for facilities under the Ministry of National Defense shall be carried out in accordance with the regulations of the Ministry of Finance.

Chapter II

THE REVIEW AND APPROVAL BOARD; THE FILE AND CONDITION REVIEW TEAM FOR ISSUING PRACTICE CERTIFICATES AND PERMITS FOR ACTIVITIES

Article 7. Review and approval board for issuing, reissuing practice certificates; issuing, reissuing, and adjusting permits for activities

1. The review and approval board for issuing, reissuing practice certificates; issuing, reissuing, and adjusting permits for activities (hereinafter referred to as the Review Board) shall be established by the Minister of National Defense's decision.

2. Functions and tasks of the Review Board

a) Advising the Head of the Ministry of National Defense on organizing the issuance of practice certificates and permits for activities within the Ministry of National Defense in accordance with the provisions of the law;

b) Organizing the review and approval of files requesting the issuance and reissuance of practice certificates from units;

c) Organizing the review and approval of files and conditions for issuing permits for activities, specifically as follows: - In cases of issuing and adjusting permits for activities: Organizing the review and approval of files transferred by the file review team specified in Article 8 of this Circular to check the conditions regarding infrastructure, equipment, medical supplies, organizational staffing, and specialized activity scope of medical examination and treatment facilities (if deemed necessary); - In cases of reissuing permits for activities: Checking the files previously issued permits for activities stored at the Military Health Department or damaged permits (if any).

d) Preparing the report of the Review Board to submit to the Minister of National Defense for issuing decisions on issuing, reissuing practice certificates; issuing, reissuing, and adjusting permits for activities.

3. Composition of the Review Board

a) The Director of the Military Health Department serves as Chairman;

b) One Deputy Director of the Military Health Department serves as Vice-Chairman;

c) Heads of agencies and units: Legal Affairs Department/Ministry of National Defense, Inspectorate of the Ministry of National Defense, Cadre Department/General Political Department, Force Department/General Staff Department, Training Department/General Staff Department, Military Medical Academy/Ministry of National Defense, and some hospitals;

d) The permanent office is located at the Military Health Department of the Ministry of National Defense.

Article 8. File and condition review team for issuing, reissuing practice certificates; issuing, reissuing, and adjusting permits for activities

1. The file and condition review team for issuing, reissuing practice certificates; issuing, reissuing, and adjusting permits for activities (hereinafter referred to as the file review team) shall be organized at subordinate units under the Ministry of National Defense by the unit head's decision to establish.

2. Functions and tasks of the file review team

a) Receiving and organizing the review of files requesting the issuance and reissuance of practice certificates from practitioners within their management scope;

b) Receiving and reviewing legal files; checking the conditions regarding infrastructure, equipment, medical supplies, organizational staffing, and specialized activity scope of medical examination and treatment facilities. Drafting the review record according to Model 03 Appendix 04 promulgated together with this Circular; the review record is made in three copies: one copy attached to the file sent to the permanent office of the Review Board; one copy kept at the military health agency of the subordinate unit under the Ministry of National Defense managing the medical examination and treatment facility; one copy kept at the medical examination and treatment facility;

c) Summarizing reviewed files meeting the conditions and proposing the Review Board to report to the Minister of National Defense.

3. Composition of the file review team

a) The Chief Medical Officer of the subordinate unit under the Ministry of National Defense or one Deputy Director of the hospital (for hospitals directly under the Ministry of National Defense) serves as Team Leader;

b) Representatives of agencies: Personnel, Force, Inspection, Hospital (if any), and other members (when required);

c) The Military Health Agency acts as the permanent body and secretary.

Chapter III

ISSUING AND REISSUING PRACTICE CERTIFICATES FOR PRACTITIONERS UNDER THE MINISTRY OF NATIONAL DEFENSE

Section 1

ORGANIZING THE ISSUING AND REISSUING OF PRACTICE CERTIFICATES

Article 9. Documents for Application to Obtain Professional Practice Certificate

The documents for application to obtain a professional practice certificate include:

1. An application form for obtaining a professional practice certificate according to Model 01 in Appendix 02 issued together with this Circular and two photographs (4 cm x 6 cm) taken against a white background within six months from the date of submission of the application.

2. A certified copy of the diploma or certification of professional qualifications for a traditional medical practitioner or a certificate of traditional prescription or traditional treatment method granted by the Minister of Health or the Director of the Department of Health of a province or centrally governed city (hereinafter referred to collectively as "province") or the Director of the Military Medical Service.

3. A confirmation of practical experience, except in cases where the applicant is a traditional medical practitioner, holder of a traditional prescription, or possessor of a traditional treatment method as stipulated in Clause 2, Article 18 of the Law on Medical Examination and Treatment.

4. A brief curriculum vitae confirmed by the head of the agency or unit where the applicant works at the level of regiment or higher (for those practicing under the official establishment of a unit).

Article 10. Documents for Application to Reissue a Professional Practice Certificate

The documents for application to reissue a professional practice certificate for individuals who have lost, damaged, or had their certificates revoked:

1. In cases of loss or damage of the professional practice certificate: An application form for reissuing a professional practice certificate according to Model 02 in Appendix 02 issued together with this Circular and two photographs (4 cm x 6 cm) taken against a white background within six months from the date of submission of the application.

2. In cases of revocation as provided for in Points c, d, e, and g of Clause 1, Article 29 of the Law on Medical Examination and Treatment, including:

a) An application form for reissuing a professional practice certificate according to Model 02 in Appendix 02 issued together with this Circular and two photographs (4 cm x 6 cm) taken against a white background within six months from the date of submission of the application.

b) The documents specified in Article 9 of this Circular, excluding the confirmation of practical experience;

c) A certificate of continuous medical knowledge update issued by a training institution authorized by the Ministry of National Defense.

3. In cases of revocation as provided for in Point d of Clause 1, Article 29 of the Law on Medical Examination and Treatment, in addition to the provisions of Clause 2 of this Article, there must be a review note from the Chief Medical Officer of the subordinate unit of the Ministry of National Defense regarding the professional competence and ethical conduct of the applicant for reissuance of the professional practice certificate.

Article 11. Competence and Procedure for Issuing and Reissuing Professional Practice Certificates

1. Competence for Issuing and Reissuing Professional Practice Certificates

a) The Minister of National Defense decides on issuing and reissuing professional practice certificates for practitioners under the Ministry of National Defense;

b) In certain specific cases, based on the report of the Appraisal Board, the Minister of National Defense may delegate the authority to the Director of the Military Medical Service to decide on issuing and reissuing professional practice certificates for practitioners under the Ministry of National Defense.

2. Procedure for Issuing and Reissuing Professional Practice Certificates

a) The applicant for issuance or reissuance of a professional practice certificate submits one set of documents as prescribed in Articles 9 and 10 of this Circular through the military medical system to the permanent Appraisal Board;

b) Within thirty days (in case of issuance of a professional practice certificate) or fifteen days (in case of reissuance of a professional practice certificate) from the date of receipt of all documents, the Appraisal Board conducts an appraisal. If the documents meet the requirements, the Appraisal Board compiles a list and sends it to the permanent Secretariat of the Appraisal Board along with the applicant's documents and a letter requesting approval from the head of the unit. If the documents do not meet the requirements, within ten working days from the date of receiving the documents, the Appraisal Board issues a notification for the applicant to complete the documents. The notification must specify the details that need to be supplemented or amended;

c) Within thirty days (in case of application for issuance of a professional practice certificate) or fifteen days (in case of application for reissuance of a professional practice certificate) from the date of receipt of all documents, the Appraisal Board conducts an appraisal and reviews the documents. If the documents meet the requirements and no additional information is required, the Appraisal Board recommends the Minister of National Defense to issue or reissue the professional practice certificate. If the documents do not meet the requirements, within ten working days from the date of receiving the documents, the Appraisal Board returns the documents to the Appraisal Board for notification to the applicant to complete the documents.

Article 12. Medical practice certificate; management of medical practice certificate

1. Medical practice certificate

a) The medical practice certificate is rectangular, with A4 paper size, white background, featuring a faint logo of the Vietnamese Military Medicine Department in the center; the border has light yellow decorative patterns;

b) Presentation and content according to Model 01 of Appendix 01 issued together with this Circular.

2. Management of medical practice certificate

a) Each individual is only granted one medical practice certificate valid for use both within and outside the Military throughout the country;

b) The blank medical practice certificates are directly managed by the General Department of Health, Ministry of National Defense;

c) Copies of the medical practice certificate and application files for issuance and reissuance of the certificate are stored at the General Department of Health, Ministry of National Defense.

Section 2

REGISTRATION FOR MEDICAL PRACTICE

Article 13. Principles of registration for medical practice

1. An individual practicing medicine may only register to be responsible for the technical and professional management of one healthcare facility under the Ministry of National Defense, and shall not concurrently hold such responsibility in two or more healthcare facilities.

2. An individual practicing medicine may only register to be in charge of one department in one healthcare facility under the Ministry of National Defense, and shall not concurrently hold such responsibility for two or more departments within the same healthcare facility or concurrently be in charge of a department in another healthcare facility.

3. An individual practicing medicine who is responsible for the technical and professional management of a healthcare facility under the Ministry of National Defense may concurrently be in charge of a department within the same healthcare facility, but shall only be responsible for one department and must be consistent with their specialized qualifications obtained through training.

4. An individual practicing medicine at a healthcare facility under the Ministry of National Defense may register to work outside regular hours at a healthcare facility not under the Ministry of National Defense if they meet the necessary conditions stipulated in Clause 3, Article 14 of this Circular.

5. An individual practicing medicine at a healthcare facility under the Ministry of National Defense shall not register to be the head of a private hospital or healthcare facility established and operated under the Law on Enterprises and the Law on Cooperatives.

Article 14. Content and form of registration for medical practice

1. Content of registration for medical practice

a) Place of practice: Clearly state the name and address of the healthcare facility under the Ministry of National Defense where the practice is registered;

b) Time of practice: Specifically record the working hours at the healthcare facility under the Ministry of National Defense (from what time to what time each day and which days of the week);

c) Professional position

- Clearly state the department, room, or specialized unit where the practitioner works;

- Clearly state the title assigned to the practitioner.

2. Form of registration for medical practice: The registration for medical practice must be carried out in writing according to Model 01 of Appendix 04 issued together with this Circular.

3. An individual practicing medicine under the Ministry of National Defense may register to practice outside regular hours at a healthcare facility not under the Ministry of National Defense when meeting the following conditions:

a) Comply strictly with the regulations of the immediate superior unit leader under the Ministry of National Defense regarding registration for practice outside regular hours;

b) Obtain written consent from the unit leader at the brigade level or equivalent or higher;

c) Shall not affect assigned tasks.

Article 15. Procedure for Registration of Practice

1. Time of Registration for Practice

a) For medical examination and treatment facilities under the Ministry of National Defense that request issuance of an operating permit, the registration for practice of practitioners shall be carried out simultaneously with the application for the operating permit;

b) For medical examination and treatment facilities under the Ministry of National Defense that have already been issued an operating permit and experience personnel changes (transfer, appointment, recruitment, retirement according to regulations, transfer to another profession, transfer to other work), such medical examination and treatment facilities under the Ministry of National Defense shall report to the higher military health authority in accordance with regulations.

2. Acceptance of Documents and Confirmation of Registration for Practice

a) The military health authority of units directly under the Ministry of National Defense shall accept the registration for practice of medical examination and treatment facilities within its management scope; within 15 days from the date of receiving the dossier, organize inspection, review, and confirm the registration for practice;

b) In cases where medical examination and treatment facilities under the Ministry of National Defense have practitioners working overtime at medical examination and treatment facilities not under the Ministry of National Defense, the registration list must clearly state the time, location, and specialty position of the practitioner at the medical examination and treatment facility where they are working overtime.

Section 3

CONFIRMATION OF PRACTICE EXPERIENCE

Article 16. Principles of Organizing Practice

1. Applicants for a practice certificate must have a period of practice commensurate with their specialized degree obtained through training.

2. For general practitioners practicing at medical examination and treatment facilities under the Ministry of National Defense or civilian hospitals in internal medicine and surgery blocks; the total practice period is 18 months, including 9 months in each block.

3. For general medical assistants practicing at medical examination and treatment facilities under the Ministry of National Defense or civilian hospitals; the practice period is 12 months.

4. For other subjects practicing at medical examination and treatment facilities under the Ministry of National Defense or civilian hospitals; the practice period is 9 months.

Article 17. Confirmation of Practice Period for Physicians

1. For physicians who have conducted medical examinations and treatments before June 5, 2014

a) In cases where there has been continuous medical examination and treatment for at least 18 months at medical examination and treatment facilities under the Ministry of National Defense or civilian hospitals, confirmation will be given that the required practice period has been met;

b) In cases where the continuous medical examination and treatment period at medical examination and treatment facilities under the Ministry of National Defense or civilian hospitals has not reached 18 months, the period of medical examination and treatment prior to June 5, 2014 (determined from the date of the decision on job assignment or signing of labor contracts, recruitment) will be counted as the practice period, and the physician must continue to practice at the current medical examination and treatment facility until the total period reaches 18 months to confirm the completion of the required practice period;

c) In cases where there has been at least 18 months of medical examination and treatment at medical examination and treatment facilities under the Ministry of National Defense or civilian hospitals but subsequently did not continue to conduct medical examinations and treatments for two years up to the date of submitting the application for issuance of a practice certificate: - If there is a continuous medical knowledge update certificate, re-practice is not required; - If there is no continuous medical knowledge update certificate, re-practice for 18 months at a medical examination and treatment facility under the Ministry of National Defense is required.

2. For physicians starting medical examinations and treatments from June 5, 2014, they must practice at military hospitals.

Article 18. Confirmation of practice time for medical assistants

1. In cases where medical examinations and treatments were carried out before June 5, 2014

a) Where there is at least 12 consecutive months of medical examination and treatment at healthcare facilities under the Ministry of National Defense or civilian healthcare facilities, confirmation of sufficient practice time shall be granted.

b) Where there is less than 12 consecutive months of medical examination and treatment at healthcare facilities under the Ministry of National Defense or civilian healthcare facilities, the period of medical examination and treatment prior to June 5, 2014 (determined from the date of the work assignment decision or signing of the labor contract, recruitment) shall be counted as practice time, and continuous practice must be maintained at the current healthcare facility until reaching 12 months to confirm sufficient practice time;

c) Where there is at least 12 months of medical examination and treatment at healthcare facilities under the Ministry of National Defense or civilian healthcare facilities but subsequently did not continue to perform medical examinations and treatments within two years from the date of submitting the application for issuance of the professional practice certificate: - If there is a continuous medical knowledge update certificate, re-practice is not required; - If there is no continuous medical knowledge update certificate, re-practice for 12 months at healthcare facilities under the Ministry of National Defense is required.

2. For medical assistants who start performing medical examinations and treatments from June 5, 2014, they must practice at healthcare facilities under the Ministry of National Defense.

Article 19. Confirmation of practice time for midwives, technicians, and nursing assistants

1. For midwives, technicians, and nursing assistants who performed medical examinations and treatments before June 5, 2014:

a) Where there is at least 9 consecutive months of medical examination and treatment at healthcare facilities under the Ministry of National Defense or civilian healthcare facilities, confirmation of sufficient practice time shall be granted.

b) Where there is less than 9 consecutive months of medical examination and treatment at healthcare facilities under the Ministry of National Defense or civilian healthcare facilities, the period of medical examination and treatment prior to June 5, 2014 (determined from the date of the work assignment decision or signing of the labor contract, recruitment) shall be counted as practice time, and continuous practice must be maintained at the current healthcare facility until reaching 9 months to confirm sufficient practice time;

c) Where there is at least 9 months of medical examination and treatment at healthcare facilities under the Ministry of National Defense or civilian healthcare facilities but subsequently did not continue to perform medical examinations and treatments within two years from the date of submitting the application for issuance of the professional practice certificate: - If there is a continuous medical knowledge update certificate, re-practice is not required; - If there is no continuous medical knowledge update certificate, re-practice for 9 months at healthcare facilities under the Ministry of National Defense is required.

2. For midwives, technicians, and nursing assistants who start performing medical examinations and treatments from June 5, 2014, they must practice at healthcare facilities under the Ministry of National Defense.

Article 20. Confirmation of Professional Competence and Ethics

1. The content of confirming professional competence includes: The ability to perform basic technical skills according to the registered specialty.

2. The content of confirming professional ethics includes: The implementation of responsibilities as stipulated in Clause 1 and Clause 2, Article 5 of this Circular and regulations on medical ethics for health staff.

Article 21. Practice Organization

1. Assignment of Practice

a) For physicians:

- In cases where they have been conducting medical examinations and treatments before June 5, 2014, the head of the medical examination and treatment facility under the direct management of the Ministry of National Defense shall organize the implementation according to Clause 1, Article 17 of this Circular;

- In cases where they start conducting medical examinations and treatments from June 5, 2014, they must practice at military hospitals. Based on the work assignment decision of the competent authority, the Chief Medical Officer of subordinate units under the Ministry of National Defense reports to the unit's chief to organize the implementation.

b) For medical assistants, midwives, nursing assistants, and technicians:

- In cases where they have been conducting medical examinations and treatments before June 5, 2014, the head of the medical examination and treatment facility under the direct management of the Ministry of National Defense shall organize the implementation according to Clause 1, Article 18 and Clause 1, Article 19 of this Circular;

- In cases where they start conducting medical examinations and treatments from June 5, 2014, they must practice at medical examination and treatment facilities under the Ministry of National Defense. Based on guidance from relevant functional agencies of the Ministry of National Defense and the actual situation of the unit, the Chief Medical Officer of subordinate units under the Ministry of National Defense organizes the implementation.

2. Acceptance of Practice

a) The person practicing must submit a Request for Practice Form and a certified copy of their professional qualification certificate according to Model 03 of Appendix 02 issued together with this Circular to the medical examination and treatment facility where they have registered to practice;

b) The head of the medical examination and treatment facility has the responsibility to issue a Decision on Accepting the Practitioner and Assigning a Guide for Practice according to the Decision Model at Appendix 03 issued together with this Circular;

c) The guide for practice must be a person with sufficient professional capability to guide the practitioner in conducting medical examinations and treatments and must bear responsibility for the results of the medical examinations and treatments conducted by the assigned practitioner.

3. After the completion of the practice period, the guide for practice must evaluate the practice process of the assigned practitioner according to the content specified in Article 20 of this Circular and bear responsibility for the content of their evaluation.

4. After receiving the evaluation of the guide for practice as stipulated in Clause 3 of this Article, within five days:

a) The directors of military hospitals must issue a confirmation of the practice process for practitioners within their jurisdiction and those coming from other places to practice according to Model 03 of Appendix 01 issued together with this Circular.

b) The Chief Medical Officers of subordinate units under the Ministry of National Defense must issue a confirmation of the practice process for the remaining subjects within their jurisdiction according to Model 03 of Appendix 01 issued together with this Circular.

Chapter IV

ISSUANCE, RENEWAL, AND AMENDMENT OF LICENSES FOR MEDICAL EXAMINATION AND TREATMENT FACILITIES UNDER THE MINISTRY OF NATIONAL DEFENSE

Section 1

CONDITIONS FOR GRANTING OPERATING LICENSE

Article 22. Conditions for granting operating license to hospitals

1. Hospital scale

a) General hospitals must have at least 30 beds or more;

b) Specialized hospitals and traditional medicine hospitals must have at least 20 beds or more.

2. Material Basis

a) Designed and constructed according to the current hospital construction standards

b) Ensuring radiation safety conditions, medical waste management, fire prevention and firefighting as prescribed by law;

c) Ensuring sufficient electricity, water, and other conditions to serve patient care.

3. Medical equipment

a) Must have adequate medical equipment and instruments suitable for the scope of specialized activities registered by the hospital;

b) Must have sufficient emergency transport facilities within and outside the hospital.

4. Organization

a) The departments of the hospital must ensure:

- At least two out of four internal medicine, surgery, obstetrics, and pediatrics departments for general hospitals or one department for specialized hospitals;

- A consultation department, a clinical auxiliary department (with at least two testing and diagnostic imaging units), and a pharmacy department;

- Other specialized departments must be appropriate to the scale, functions, and tasks of the hospital.

b) Must have planning and integration departments, nursing departments, finance departments, and other functional departments as stipulated in the organizational structure and staffing chart approved by the General Staff Headquarters.

5. Staffing

a) The number of staff members; the ratio of components; the position titles according to the staffing chart decided by the competent authority;

b) The person responsible for technical expertise at the hospital, the Hospital Director, must meet the following conditions:

- Be a doctor with a practice certificate corresponding to at least one of the specialties registered for operation by the hospital;

- Have a decision on assignment and appointment from the competent authority.

c) The Head of Clinical Departments must meet the following conditions:

- Be a doctor with a practice certificate corresponding to that specialty;

- Have a decision on assignment and appointment from the competent authority.

d) The Head of the Pharmacy Department must be a pharmacist and must have a decision on assignment and appointment from the competent authority;

d) The Heads of other specialized departments in the hospital must meet the following conditions:

- Hold a bachelor's degree and a relevant specialty certificate;

- Have a decision on assignment and appointment from the competent authority.

e) Surgeons must meet the following conditions:

- Be a specialist surgeon or a general practitioner with a surgical specialty training certificate from a military hospital ranked level 2 or higher, a provincial-level general hospital or higher, a specialized medical university, or a training and guidance center under special-class or first-class hospitals directly under the Ministry of Health. In cases of training abroad, surgeons must have a specialty certification;

- Have a document permitting the performance of surgery and interventional surgery issued by the Hospital Director upon recommendation of the Hospital's Professional Council.

g) In addition to the subjects specified in Points a, b, c, d, and e of this Clause, other individuals working in the hospital who perform diagnosis and treatment must have a practice certificate and may only carry out diagnosis and treatment within the scope of their assigned duties.

6. Scope of specialized activities Implement specialized techniques according to the list prescribed by the Director of the Military Health Administration Bureau.

Article 23. Conditions for Issuing an Operating Permit for Health Stations

1. Scale The health station must have at least 10 beds or more.

2. Material Basis

a) Reception area, consultation room, emergency room, patient room, and operating room must have appropriate areas to deploy medical equipment and tools for medical examination and treatment activities.

b) Ensure conditions for radiation safety, medical waste management, fire prevention and firefighting as prescribed by law;

c) Ensuring sufficient electricity, water, and other conditions to serve patient care.

3. Medical Equipment Must have sufficient medical equipment and tools suitable for the scope of specialized activities registered by the health station.

4. Organization The health station must meet the following conditions:

a) At least two internal and external specialties;

b) Emergency room;

c) Operating room;

d) Patient room;

e) Clinical laboratory department.

5. Staffing

a) The number of staff members; the ratio of components; the position titles according to the staffing chart decided by the competent authority;

b) The person responsible for technical expertise at the health station, the Health Station Director, must meet the following conditions:

- Be a doctor with a valid practice certificate corresponding to one of the specialties registered by the health station;

- Have a decision on assignment and appointment from the competent authority.

c) In addition to the person responsible for technical expertise at the health station, other individuals working at the health station who perform medical examinations and treatments must have a valid practice certificate and can only perform such activities within the scope of their assigned tasks.

6. Scope of Specialized Activities Implement specialized techniques according to the list specified by the Director of the Military Health Service Administration.

Article 24. Conditions for Issuing an Operating Permit for Outpatient Clinics

1. Scale The outpatient clinic must meet the following conditions:

a) Have consultation rooms for each specialty registered;

b) Emergency room;

c) Minor procedure room;

d) Patient retention room;

e) Clinical laboratory department.

2. Material Basis

a) There must be a reception area, consultation room, emergency room, patient retention room, and minor procedure room with sufficient space to deploy medical equipment and tools for medical examination and treatment activities;

b) Ensure conditions for radiation safety, medical waste management, fire prevention and firefighting as prescribed by law;

c) Ensuring sufficient electricity, water, and other conditions to serve patient care.

3. Medical equipment

Must have sufficient medical equipment and tools suitable for the scope of specialized activities registered by the outpatient clinic.

4. Organization, Staffing

a) The number of staff must be sufficient to carry out the scope of specialized activities registered;

b) The person responsible for technical expertise at the outpatient clinic must meet the following conditions:

- Be a doctor or a medical assistant with a valid practice certificate corresponding to one of the specialties registered by the outpatient clinic;

- Have a decision on assignment and appointment from the competent authority.

c) In addition to the person responsible for technical expertise at the outpatient clinic, other individuals working at the outpatient clinic who perform medical examinations and treatments must have a valid practice certificate and can only perform such activities within the scope of their assigned tasks.

5. Scope of Specialized Activities Implement specialized techniques according to the list specified by the Director of the Military Health Service Administration.

Article 25. Conditions for Issuing an Operating Permit for Military Agency Health Services

1. Infrastructure

a) Have rooms and facilities meeting the conditions to ensure medical examinations; dispensing medicine, emergency care, and treatment within the scope of specialized activities prescribed;

b) Ensure conditions for medical waste management, fire prevention and firefighting as prescribed by law;

c) Ensuring sufficient electricity, water, and other conditions to serve patient care.

2. Medical Equipment

Must have sufficient medical equipment and tools suitable for the scope of specialized activities prescribed.

3. Organization and Staffing

a) The number of personnel according to the organizational staffing table decided by the competent authority and ensuring the ability to carry out the scope of specialized activities prescribed;

b) The person responsible for technical expertise at the military agency health service must be a doctor or a medical assistant with a valid practice certificate corresponding to the scope of specialized activities registered and have a decision on assignment and appointment from the competent authority;

c) In addition to the person responsible for technical expertise at the military agency health service, other individuals working at the military agency health service who perform medical examinations and treatments must have a valid practice certificate and can only perform such activities within the scope of their assigned tasks.

4. Scope of Specialized Activities Implement specialized techniques according to the list specified by the Director of the Military Health Service Administration.

Article 26. Conditions for Issuing an Operating Permit for Military Medical Units

1. Infrastructure

a) Having treatment rooms that meet the conditions to ensure medical examinations, dispensing of medications, emergency care, and treatment within the scope of specialized activities.

b) Ensuring other necessary conditions to serve patient care.

2. Medical Equipment Must have sufficient medical equipment and tools appropriate to the scope of specialized activities as prescribed.

3. Organization and Staffing

a) The number of staff according to the organizational structure chart approved by the competent authority and ensuring the ability to perform the scope of specialized activities as prescribed.

b) The person responsible for technical and professional management of the military medical unit must be a physician with a valid practice certificate corresponding to the registered field of specialization and appointed by the competent authority.

c) In addition to the person responsible for technical and professional management of the military medical unit, other individuals working at the military medical unit who conduct medical examinations and treatments must hold a valid practice certificate and can only perform such activities within their assigned tasks.

4. Scope of Specialized Activities Implement specialized techniques according to the list specified by the Director of the Military Health Service Administration.

Section 2

ISSUANCE, RENEWAL, AND AMENDMENT OF OPERATING PERMITS

Article 27. Documents for Application for an Operating Permit for Medical Facilities under the Ministry of National Defense

Documents for application for an operating permit for medical facilities under the Ministry of National Defense include:

1. A letter requesting issuance of an operating permit from the head of the direct managing unit of the medical facility under the Ministry of National Defense.

2. A certified copy of the decision on establishment or the organizational structure chart of the medical facility under the Ministry of National Defense issued by the competent authority.

3. A list of practitioners registered with the medical facility under the Ministry of National Defense according to Model 01 Appendix 04 promulgated together with this Circular.

4. An inventory of physical infrastructure and medical equipment of the medical facility under the Ministry of National Defense according to Model 02 Appendix 04 promulgated together with this Circular.

5. A list of individuals working overtime outside the medical facilities not managed by the Ministry of National Defense.

6. Certified copies of relevant documents proving that the medical facility under the Ministry of National Defense meets the conditions regarding physical infrastructure, medical equipment, and organizational structure corresponding to the scope of specialized activities as stipulated in Section 1 Chapter IV of this Circular.

7. Proposed Scope of Specialized Activities: The medical facility proposes its scope of specialized activities and the technical procedures it intends to implement based on the technical procedures specified by the General Department of Military Medicine.

Article 28. Documents for Application for Renewal and Amendment of an Operating Permit for Medical Facilities under the Ministry of National Defense

1. Documents for Application for Renewal of an Operating Permit for a Medical Facility under the Ministry of National Defense Lost, Damaged, or Revoked Include:

a) A letter requesting renewal of the operating permit from the head of the direct managing unit of the medical facility under the Ministry of National Defense;

b) The original damaged operating permit (if available).

2. Documents for Application for Amendment of the Content of an Operating Permit for a Medical Facility under the Ministry of National Defense When Changing the Scale of Hospital Beds or Scope of Specialized Activities Include:

a) A letter requesting amendment of the content of the operating permit from the head of the direct managing unit of the medical facility under the Ministry of National Defense;

b) An inventory of physical infrastructure and medical equipment and personnel files corresponding to the proposed scale or scope of specialized activities;

c) Proposed scope of specialized activities to be amended.

Article 29. Competence, Procedure for Issuing, Reissuing, and Amending Operating Licenses

1. Competence to Issue, Reissue, and Amend Operating Licenses

a) The Minister of National Defense decides on issuing, reissuing, and amending operating licenses for medical examination and treatment facilities under the Ministry of National Defense;

b) In certain specific cases, based on the report of the Appraisal Board, the Minister of National Defense may delegate authority to the Director of the Military Health Service Department to decide on issuing, reissuing, and amending operating licenses for medical examination and treatment facilities under the Ministry of National Defense.

2. Procedure for Issuing, Reissuing, and Amending Operating Licenses shall be carried out as follows:

a) Medical examination and treatment facilities under the Ministry of National Defense prepare one set of application dossier for issuing, reissuing, and amending operating licenses in accordance with Articles 27 and 28 of this Circular and submit it to the permanent Secretariat of the Appraisal Board;

b) Within 45 days (for issuing or amending operating licenses) or 15 days (for reissuing operating licenses) from the date of receiving complete dossiers, the Appraisal Board conducts appraisal and inspection of conditions for medical examination and treatment facilities. If the conditions are met, the dossier will be sent to the Permanent Secretariat of the Appraisal Council. If the conditions are not met, within 10 working days from the date of receiving the dossier, the Appraisal Board must issue a notification to the medical examination and treatment facility to complete the dossier. The notification must specify the contents that need to be supplemented or amended;

c) Within 45 days (for issuing or amending operating licenses) or 15 days (for reissuing operating licenses) from the date of receiving complete dossiers, the Appraisal Council conducts appraisal and review. If the dossier meets the conditions and there is no requirement for supplementation, the Appraisal Council proposes the Minister of National Defense to issue, reissue, or amend the operating license. If the conditions are not met, within 10 working days from the date of receiving the dossier, the Appraisal Council must issue a notification to the medical examination and treatment facility to complete the dossier. The notification must specify the contents that need to be supplemented or amended.

Article 30. Medical Examination and Treatment Operating License; Management of Medical Examination and Treatment Operating License

1. Medical Examination and Treatment Operating License

a) The Medical Examination and Treatment Operating License is rectangular, size A4 paper, white background, with the logo of the Vietnamese Military Health Service faintly printed in the center; bordered with light yellow floral patterns;

b) Presentation and content according to Model 02 of Appendix 01 issued together with this Circular.

2. Management of Medical Examination and Treatment Operating License

a) Each medical examination and treatment facility under the Ministry of National Defense is only granted one medical examination and treatment operating license;

b) The blank form of the Medical Examination and Treatment Operating License is directly managed by the Military Health Service Department of the Ministry of National Defense;

c) Copies of the Medical Examination and Treatment Operating License and application dossiers for issuing and reissuing operating licenses are stored at the Military Health Service Department of the Ministry of National Defense.

Chapter 5

RESPONSIBILITIES OF THE AGENCIES AND UNITS

Article 31. Military Health Service Department of the Ministry of National Defense

1. To take the lead and coordinate with relevant functional agencies in guiding and organizing the issuance, reissuance of practice certificates for practitioners; issuance, reissuance, and amendment of operating licenses for medical examination and treatment facilities under the Ministry of National Defense.

2. To take the lead and coordinate with relevant functional agencies in guiding and organizing the implementation of continuous medical knowledge updates for practitioners of medical examination and treatment under the Ministry of National Defense.

3. To coordinate with the following agencies: the Department of Planning and Investment of the Ministry of National Defense, the Finance Department of the Ministry of National Defense, the Department of Military Affairs/General Staff Department, the Cadre Department/Political General Department, and related agencies in planning investment, upgrading infrastructure, medical equipment, and personnel for medical examination and treatment facilities under the management of the Ministry of National Defense to meet the conditions stipulated in this Circular.

4. To manage and store blanks, copies of practice certificates, operating licenses, and related dossiers for issuing, reissuing, and amending practice certificates; issuing, reissuing, and amending operating licenses as prescribed.

5. To organize inspections of medical examination and treatment activities for practitioners and medical examination and treatment facilities under the management of the Ministry of National Defense; periodically evaluate the implementation results of this Circular.

6. To organize technical assessment and approval of the list of techniques used in medical examination and treatment for medical examination and treatment facilities under the Ministry of National Defense.

Article 32. Competent Authorities

1. The Department of Planning and Investment under the Ministry of National Defense shall take the lead and coordinate with the Department of Finance under the Ministry of National Defense and relevant agencies to develop plans for investment and upgrading infrastructure and medical equipment for healthcare facilities managed by the Ministry of National Defense to meet the conditions stipulated in this Circular.

2. The Department of Military Affairs/General Staff Department

a) Shall take the lead and coordinate with the Department of Military Medicine under the Ministry of National Defense to advise the Ministry of National Defense on unifying the organizational forms of healthcare facilities under the Ministry of National Defense in accordance with laws on healthcare services;

b) Shall take the lead and coordinate with the Department of Education and Training/General Staff Department and the Department of Military Medicine under the Ministry of National Defense to ensure the quantity and quality of military medical personnel meeting the conditions and standards for practitioners under the Ministry of National Defense;

c) Shall direct military affairs agencies at all levels to coordinate with corresponding military medical agencies to organize practical training for practitioners within their management scope.

3. The Cadre Department/Political General Department

a) Shall take the lead and coordinate with the Department of Education and Training/General Staff Department and the Department of Military Medicine under the Ministry of National Defense to ensure the quantity and quality of military medical cadres meeting the conditions and standards for practitioners under the Ministry of National Defense;

b) Shall direct cadre agencies at all levels to coordinate with corresponding military medical agencies to propose and report to the unit’s head for review and approval of personnel under cadre management who are to undergo practical training according to the cadre work process.

4. The Department of Education and Training/General Staff Department

a) Shall coordinate with the Cadre Department/Political General Department, the Department of Military Affairs/General Staff Department, and the Department of Military Medicine under the Ministry of National Defense to organize training for military medical cadres and staff to meet the conditions and standards for practitioners under the Ministry of National Defense;

b) Shall coordinate with the Department of Military Medicine under the Ministry of National Defense to guide the implementation of continuous medical knowledge updates for practitioners providing healthcare services outside regular hours under the Ministry of National Defense.

5. The Department of Finance under the Ministry of National Defense shall take the lead in guiding the collection, submission, management, and utilization of fees for issuing, reissuing practice certificates for healthcare services; issuing, reissuing, and adjusting permits for healthcare activities under the responsibility of the Ministry of National Defense to manage.

Article 33. Units Directly Subordinate to the Ministry of National Defense with Healthcare Facilities

1. Shall direct, guide, and implement this Circular for healthcare facilities within their management scope.

2. Develop plans for investment and upgrading infrastructure, medical equipment, and personnel for healthcare facilities within their management scope.

3. Issue specific regulations regarding units, subjects, time, location, and other necessary conditions for registering to provide healthcare services outside regular hours for practitioners within their management scope.

Article 34. Units Directly Managing Practitioners and Healthcare Facilities

1. Shall direct healthcare facilities under their authority to implement the issuance of practice certificates and permits for operation in accordance with this Circular.

2. Strictly manage the provision of healthcare services outside regular hours for practitioners within their management scope.

Article 35. Military Medical Agencies of Units Directly Subordinate to the Ministry of National Defense

1. Implement the issuance of practice certificates for practitioners and permits for operation for healthcare facilities within their management scope in accordance with this Circular.

2. Advise the unit’s head on investment and upgrading infrastructure, medical equipment, and personnel for healthcare facilities within their management scope.

3. Shall be responsible for confirming the registration of practitioners for healthcare facilities within their management scope in accordance with this Circular.

4. Shall take the lead and coordinate with corresponding personnel agencies to organize practical training and be responsible for confirming practical training for practitioners in accordance with this Circular.

Article 36. Medical examination and treatment facilities under the Ministry of National Defense

1. Medical examination and treatment facilities under the Ministry of National Defense that were operating before June 5, 2014 shall propose and report on upgrading infrastructure, medical equipment, and personnel based on current conditions to meet the requirements set forth in this Circular.

2. The organization shall implement and be responsible for the quality of practice for practitioners in accordance with the provisions of this Circular.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 37. Effective Date

This Circular takes effect from June 5, 2014.

Article 38. Conversion of Practice Certificates

Practitioners under the Ministry of National Defense who cease active service (transfer to another field, demobilize, retire) shall convert their practice certificates in accordance with the regulations of the competent state authorities.

Article 39. Responsibility for Implementation

1. The Chief of General Staff, the Director of the Political General Department, the Directors of the General Departments, the Director of the Military Health Service Bureau of the Ministry of National Defense, Commanders of agencies and units, and related individuals are responsible for implementing this Circular.

2. The Director of the Military Health Service Bureau of the Ministry of National Defense is responsible for guiding and organizing the implementation of this Circular./.