This Circular details the files and procedures for issuing practice certificates for individuals and organizations engaged in medical examination and treatment. It also specifies the authority to issue such certificates, their validity period, and measures to address violations.
Đối tượng áp dụng
Individuals, sole proprietorships, and medical establishments wishing to register for private medical practice.
Các điểm cốt lõi
- The application file for a practice certificate includes an application form, certified copies of diplomas and specialty certificates, a curriculum vitae, a health check-up report, permission to work outside regular hours, and confirmation of practical training at a hospital.
- The procedure for issuing practice certificates is overseen by the Minister of Health or the Director of the Provincial Department of Health.
- A practice certificate is valid nationwide (for registration with hospitals/businesses) or within a province (for individuals/sole proprietorships), with a duration of either five years or three years, and must be renewed upon expiration.
- Violations will be subject to disciplinary, administrative sanctions, or criminal liability.
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- To ensure the quality of medical examination and treatment services and enhance the awareness of compliance with laws among private medical practitioners.
❓ Câu hỏi thường gặp
What do I need to prepare to apply for a practice certificate?
You need to prepare an application form, certified copies of diplomas and specialty certificates, a curriculum vitae confirmed by local authorities, a health check-up report, and confirmation of practical training at a hospital.
What is the validity period of a practice certificate?
Practice certificates issued by the Ministry of Health have a validity period of five years, while those issued by provincial departments of health have a validity period of three years.
Toàn văn
CIRCULAR
Guidelines for Issuing Professional Practice Certificates for Medical Examination and Treatment.
Pursuant to the Law on People's Health Protection and related regulatory legal documents guiding the implementation of this Law;
Pursuant to the Enterprise Law and related regulatory legal documents guiding the implementation of the Enterprise Law, Decree No. 02/2000/NĐ-CP dated February 3, 2000 of the Government on business registration;
Pursuant to the Ordinance on Private Medical and Pharmaceutical Practice and related regulatory legal documents guiding the implementation of the Ordinance on Private Medical and Pharmaceutical Practice;
Ministry of Health The following guidelines are provided for the issuance of professional practice certificates for medical examination and treatment for business registration of medical examination and treatment services.
Chapter I
GENERAL PROVISIONS
Article 1.
The professional practice certificate for medical examination and treatment as stipulated in this Circular is a document issued by the Ministry of Health, Provincial Health Departments (collectively referred to as provincial departments) upon review and approval for individuals who meet the required qualifications in specialized knowledge, ethics, and professional experience to register for medical examination and treatment services according to the Enterprise Law and related implementing regulations. Recipients of professional practice certificates for medical examination and treatment include doctors, pharmacists (registered for laboratory testing), graduates from universities in biology, chemistry, midwives, and secondary school medical students.
Article 2. The professional practice certificate for medical examination and treatment shall only be issued to individuals, not organizations. Each individual can only obtain one certificate and may only use it to register for medical examination and treatment services at one location.
Article 3. Individuals receiving a professional practice certificate for medical examination and treatment must pay the prescribed fee.
Holders of a professional practice certificate for medical examination and treatment are not allowed to transfer, lend, lease, or use the certificate to register for medical examination and treatment services.
Article 4. PERSONNEL QUALIFICATIONS FOR ISSUANCE OF PROFESSIONAL PRACTICE CERTIFICATES FOR MEDICAL EXAMINATION AND TREATMENT
Chapter II
1. Individuals wishing to obtain a professional practice certificate for medical examination and treatment must meet the following criteria:
Article 5. General Standards:
1.1. Must have a degree from medical and pharmaceutical universities, other universities, colleges, or secondary medical schools, and have sufficient professional experience as specified for each type of practice.
1.2. Must possess professional ethics, full civil capacity, and adequate health to engage in medical examination and treatment.
1.3. Must understand the Law on People's Health Protection, the Ordinance on Private Medical and Pharmaceutical Practice, and Decree No. 46/CP dated August 6, 1996 of the Government on administrative penalties in the field of state management of health care.
1.4. Must understand the twelve provisions on medical ethics (annexed to Decision No. 2088/QĐ-BYT dated January 6, 1996 of the Minister of Health), the Hospital Regulations (annexed to Decision No. 1895/1997/QĐ-BYT dated September 19, 1997 of the Minister of Health), and the Waste Management Regulations (annexed to Decision No. 1895/1997/QĐ-BYT dated September 19, 1997 of the Minister of Health).
1.5. Must commit to comply with the aforementioned legal documents (points 1.3 and 1.4), technical medical regulations, and other relevant legal documents. 2. Individuals currently under disciplinary action, administratively penalized for violating technical medical regulations or for lacking responsibility towards patients, those being prosecuted criminally, convicted of imprisonment but not yet pardoned, or convicted by the court for violating technical medical regulations, shall not be considered for issuance of a professional practice certificate for medical examination and treatment.SPECIFIC CRITERIA: In addition to the general criteria stipulated in Article 5 of this Circular, applicants for a professional practice certificate for medical examination and treatment must also meet the following specific criteria:
1. Applicants for a professional practice certificate for medical examination and treatment to register hospitals or enterprises providing medical examination and treatment services must be general practitioners or specialists who have practiced for five years at state-owned hospitals, non-state public hospitals, or hospitals with foreign investment.
2. Applicants for a professional practice certificate for medical examination and treatment to register as individuals or sole proprietors providing medical examination and treatment services:
Article 6. 2.1. General Outpatient Clinics: General practitioners or specialists who have practiced for five years at legally recognized medical examination and treatment facilities.
2.2. Internal Medicine Outpatient Clinics: General practitioners or internal medicine specialists who have practiced for five years at legally recognized medical examination and treatment facilities.
In highland areas, midwives who have practiced for five years at legally recognized medical examination and treatment facilities or doctors who have practiced for three years at such facilities.
2.3. Surgical Specialty Outpatient Clinics: Surgeons who have practiced for five years at legally recognized medical examination and treatment facilities, including at least three years in surgical specialty.
2.4. Obstetrics and Gynecology Specialty Outpatient Clinics - Family Planning Clinics: Obstetricians who have practiced for five years at legally recognized medical examination and treatment facilities, including at least three years in obstetrics and gynecology specialty.
In highland areas, midwives specializing in obstetrics and gynecology or trained female birth attendants who have practiced for five years in obstetrics and gynecology specialty at legally recognized medical examination and treatment facilities.
AT 2.5. Dental Specialty Outpatient Clinics: Dental specialists who have practiced for five years at legally recognized medical examination and treatment facilities, including at least three years in dental specialty.
In highland areas, midwives specializing in dentistry or pediatric dentists who have practiced for five years at legally recognized medical examination and treatment facilities or dental specialists who have practiced for three years in dental specialty at such facilities.
2.6. Otorhinolaryngology Specialty Outpatient Clinics: Otorhinolaryngologists who have practiced for five years at legally recognized medical examination and treatment facilities, including at least three years in otorhinolaryngology specialty.
2.7. Ophthalmology Specialty Outpatient Clinics: Ophthalmologists who have practiced for five years at legally recognized medical examination and treatment facilities, including at least three years in ophthalmology specialty.
In highland areas, midwives specializing in ophthalmology who have practiced for five years in ophthalmology specialty at legally recognized medical examination and treatment facilities.
AT 2.8. Plastic Surgery Specialty Clinics: Doctors who have practiced for five years at legally recognized medical examination and treatment facilities, including at least eight years in plastic surgery or aesthetic surgery specialty.
2.9. Rehabilitation and Physiotherapy Specialty Clinics:
AT Doctors who have practiced for five years at legally recognized medical examination and treatment facilities, including at least three years in rehabilitation and physiotherapy specialty.
Diagnostic Imaging Clinics:
Diagnostic imaging specialists who have practiced for five years in diagnostic imaging specialty at legally recognized medical examination and treatment facilities.
AT For high mountain areas, an ophthalmologist must have five years of specialized practice in eye care at a legally authorized healthcare facility.
2.8. Plastic Surgery Department: A doctor must have practiced for five years at a legally authorized healthcare facility, including at least eight years of specialized practice in reconstructive surgery or aesthetic surgery.
2.9. Rehabilitation and Physiotherapy Department:
A doctor must have practiced for five years at a legally authorized healthcare facility, including at least three years of specialized practice in rehabilitation and physiotherapy.
2.10. Diagnostic Imaging Department:
A diagnostic imaging specialist must have five years of specialized practice at a legally authorized healthcare facility.
AT In high mountainous regions, a doctor must have practiced for five years at a legitimate medical examination and treatment facility, including at least three years in the radiology specialty. 2.11. Laboratory Department:
A physician, pharmacist, or graduate with a bachelor's degree in biology or chemistry who has practiced five years in the laboratory specialty at a legitimate medical examination and treatment facility.
2.12. Midwife:
AT high mountainous regions, where the person applying to practice is a doctor, pharmacist, biology or chemistry bachelor's degree holder, and has practiced for five years at a legitimate medical facility, including at least three years in specialization.
An obstetric specialist physician or midwife with secondary education or higher who has practiced the specialty for five years at a legitimate medical examination and treatment facility. For high mountainous regions, an obstetric specialist physician or midwife with secondary education or higher who has practiced the specialty for three years at a legitimate medical examination and treatment facility. The person granted a practice certificate must be practicing 100% of their time.
APPLICATION DOCUMENTS, PROCEDURES AND AUTHORITY TO ISSUE PRACTICE CERTIFICATES FOR MEDICAL EXAMINATION AND TREATMENT
AT 1. Application for issuance of a practice certificate for medical examination and treatment.
Chapter III
2. Certified copies of professional certificates and diplomas (with state notarization).
Article 7. Documents:
3. Curriculum vitae, confirmed by local authorities.
4. Health check report (Health Certificate) from a district or higher health center.5. Permission to work outside regular hours from the head of the agency if currently serving as a civil servant.
Application for Issuing a Certificate of Professional Qualification for Foreigners Working in Traditional Medicine Institutions with Foreign Investment follows the provisions of Clause 2, 3, 4, 5, 6, 7, 8, 9, and 13 of Article 15 of this Circular. 6. Confirmation of having practiced at a hospital or legitimate medical examination and treatment facility as stipulated in Article 6 of this Circular.
1. Procedures for issuing a practice certificate for medical examination and treatment by the Ministry of Health: Individuals submit applications to the Provincial Health Department where they register medical services. The specialized committee reviews the application files, compares them with current laws, and reports to the Director of the Provincial Health Department.
2. The Provincial Health Department sends a recommendation letter along with all individual application files to the Ministry of Health (Treatment Department).
3. Procedures for issuing a practice certificate for the owner of a medical examination and treatment facility by the Provincial Health Department Director: Individuals submit applications to the Provincial Health Department where they register medical services. The department's private healthcare management unit will review relevant application files, and if they are valid, will notify individuals to participate in a written test on legal medical knowledge, professional regulations, ethical standards, and national health programs. 4. The Ministry of Health and Provincial Health Departments organize inspections every quarter.
Article 8. Procedures.
Authority to issue practice certificates for medical examination and treatment: 2.The Project Management Board shall provide comments on the adjustmentrequest of the project owner and submit to the Planning Department for thePlanning Department to review or organize an assessment. The Minister of Health issues practice certificates for medical examination and treatment for registration of hospitals and businesses providing medical services. These certificates are valid nationwide and have a validity period of five years from the date of issuance. After five years, those holding such certificates must present a confirmation of participation in specialized knowledge update training courses and national health programs to the Ministry of Health to renew their practice certificates. Provincial Health Departments (referred to collectively as provinces) issue practice certificates for medical examination and treatment for individuals and sole proprietors registering medical services. These certificates are valid within the province and have a validity period of three years from the date of issuance. After three years, those holding such certificates must present a confirmation of participation in specialized knowledge update training courses and national health programs to the Provincial Health Department to renew their practice certificates. 3. The Ministry of Health establishes a specialized committee to assist the Minister of Health in inspecting and reviewing standards for issuing practice certificates for medical examination and treatment. The committee is chaired by the Deputy Minister responsible for treatment, with the Treatment Department Director as Vice-Chair, and representatives from the Vietnam Medical and Pharmaceutical Association, specialists, and other members.4. Provincial Health Departments establish specialized committees to assist the Director in inspecting and reviewing standards for issuing practice certificates for medical examination and treatment. The committee is chaired by a department leader, with the Head of the Professional Affairs Division as Vice-Chair, and members representing the provincial medical association, specialists in the province, and other members. 5. Annually, Provincial Health Departments organize training sessions to update knowledge on national health programs, private healthcare regulatory documents, and related regulations. Those applying for private healthcare practice must attend these sessions and comply with their regulations.
6. Practice certificates for medical examination and treatment are stored as follows: Y Certificates issued by the Minister of Health are made in three copies: one copy retained by the Ministry of Health (Treatment Department), one sent to the Provincial Health Department where the service is registered, and one given to the holder. Certificates issued by the Provincial Health Department Director are made in two copies: one retained by the Provincial Health Department and one given to the holder.7. The model of the practice certificate for medical examination and treatment is attached to this Circular*. DISPOSITION
Persons violating the provisions of this Circular will be subject to disciplinary action, administrative penalties, or criminal prosecution according to the law, depending on the severity and nature of the violation. 1. Holders of practice certificates for medical examination and treatment will have their certificates revoked in the following cases:
Article 9. 1.1. Transferring or assigning a practice certificate for medical examination and treatment.
1 2. Lending or renting a practice certificate for medical examination and treatment to others.
3. Using a practice certificate for medical examination and treatment for purposes other than intended. 1.4. Practicing medical examination and treatment beyond authorized scope or violating medical professional technical regulations causing serious consequences to patients' health.
2. The Provincial Health Department 1.5. Violating medical ethics or breaking the law.
2. The authority issuing practice certificates for medical examination and treatment may revoke the certificates in cases specified in Clause 1 of this Article.
Article 12
A practice certificate for medical examination and treatment is only valid for registering medical services. Before conducting medical activities, medical facilities must comply with the Private Healthcare Practice Law and its implementing regulations.
2. The Director of the Treatment Department coordinates with functional departments and the Ministry of Health Inspectorate to implement this Circular.
This Circular takes effect fifteen days from the date of issuance. Any difficulties encountered during implementation should be reported to the Ministry of Health (Treatment Department) for research and resolution./.
The professional practice certificate issued by the Health Department Director shall be made in two copies: one copy to be kept at the Health Department and one copy for the holder.
7. The model of the professional practice certificate for medical examination and treatment is attached to this Circular*.
Chapter IV
DISPOSITIONS VI VIOLATION
Article 10. Those who violate the provisions of this Circular shall be subject to disciplinary action, administrative penalties, or criminal prosecution according to the law, depending on the severity and nature of the violation.
Article 11
1. The professional practice certificate for medical examination and treatment shall be revoked in the following cases:
1.1. Transferring or assigning the professional practice certificate for medical examination and treatment.
1 2. Lending or renting the professional practice certificate for medical examination and treatment to others.
1 3. Using the professional practice certificate for medical examination and treatment for purposes other than intended.
1.4. Practicing medical examination and treatment beyond the permitted scope or violating medical professional regulations, causing serious consequences to patients' health.
1.5. Violating medical ethics or breaking the law.
The authority issuing the professional practice certificate for medical examination and treatment has the right to revoke such certificates in cases stipulated in Clause 1 of this Article. Article 12
Chapter V
IMPLEMENTING PROVISIONS
Article 12
1. The professional practice certificate for medical examination and treatment is only valid for registering to operate medical examination and treatment services. Before conducting medical examination and treatment activities, healthcare facilities must comply with the provisions of the Medical and Pharmaceutical Practice Ordinance and its implementing guidelines.
2. The Head of the Treatment Coordination Department shall work with relevant departments and the Ministry of Health Inspectorate. dated August 2, 2001 of the Ministry of Health amending Articles 5 and 7 ofCircular No. 01/2001/TT-BYT dated January 19, 2001 of the Minister of Healthguiding the issuance of practice licenses for pharmaceutical businessoperations. During implementation, any difficulties or issues should bereported to the Ministry of Health (Legal Affairs Department) for study andresolution./.
This Circular takes effect fifteen days from the date of issuance. Any difficulties encountered during implementation should be reported to the Ministry of Health (Treatment Coordination Department) for study and resolution./.
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