Circular No. 57/2024/TT-BYT stipulates the分级处理程序行政程序的规定，属于卫生部管理范围内的诊疗活动。

 

CIRCULAR

Regulations on the delegation of administrative procedures in the field of medical examination and treatment under the management authority of the Ministry of Health

Pursuant to the Law on the Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on the Organization of the Government dated November 22, 2019;

Pursuant to Resolution No. 173/2024/QH15 dated November 30, 2024 of the National Assembly on the questioning activities at the 8th session of the 15th National Assembly;

Pursuant to Decree No. 95/2022/NĐ-CP dated November 15, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

At the proposal of the Director of the Department of Medical Examination and Treatment,

The Minister of Health issues this Circular regulating the delegation of administrative procedures in the field of medical examination and treatment under the management authority of the Ministry of Health.

Article 1. Delegation of administrative procedures in the field of medical examination and treatment under the management authority of the Ministry of Health to the Department of Medical Examination and Treatment

1. Issuance, reissuance, amendment, extension of practice licenses during the transitional period for individuals working at medical examination and treatment facilities directly under the Ministry of Health, submitting applications for practice licenses from January 1, 2024 to the time of professional capability assessment according to one of the following professional titles (Administrative Procedure Code: 1.012289; 1.012290; 1.012292; 1.012291):

a) Doctor of Medicine;

b) Preventive Medicine Doctor;

c) Dental Doctor;

d) Specialist Doctor, except those in traditional medicine specialties;

đ) General Practitioner;

e) Nurse;

g) Midwife;

h) Medical Technician;

i) Clinical Nutritionist;

k) Clinical Psychologist;

l) Emergency Medical Technician.

2. Recognition of foreign-issued medical examination and treatment practice licenses, excluding traditional medicine medical examination and treatment practice licenses (Administrative Procedure Code: 1.012277).

3. Revocation of medical examination and treatment practice licenses for cases specified in Point i Clause 1 Article 35 of the Medical Examination and Treatment Law, excluding traditional medicine medical examination and treatment practice licenses (Administrative Procedure Code: 1.012276).

4. Permission for organizations to conduct charitable medical examination and treatment campaigns or mobile medical services as stipulated in Clause 1 Article 79 of the Medical Examination and Treatment Law, or for individuals to provide charitable medical examinations and treatments in the following cases (Administrative Procedure Code: 1.012257):

a) Foreign organizations or individuals conducting charitable medical examination and treatment campaigns or mobile medical services in two or more centrally governed cities or provinces, excluding traditional medicine cases;

b) Organizations conducting charitable medical examination and treatment campaigns or mobile medical services at medical examination and treatment facilities directly under the Ministry of Health and other ministries and sectors (excluding medical examination and treatment facilities directly under the Ministry of Defense and the Ministry of Public Security), excluding traditional medicine cases.

5. Permission for pilot implementation of telemedicine for medical examination and treatment facilities directly under the Ministry of Health, excluding traditional medicine medical examination and treatment facilities (Administrative Procedure Code: 1.012261).

6. Permission for foreigners entering Vietnam to transfer specialized medical examination and treatment techniques or cooperate in medical education with practical medical examination and treatment activities for foreigners working at medical examination and treatment facilities directly under the Ministry of Health, excluding traditional medicine specialized medical examination and treatment technique transfers or cooperation in medical education with practical traditional medicine medical examination and treatment activities (Administrative Procedure Code: 1.012258).

7. Classification of technical expertise for medical examination and treatment facilities directly under the Ministry of Health (Administrative Procedure Code: 1.012262), excluding the following cases:

a) Traditional medicine medical examination and treatment facilities;

b) Medical examination and treatment facilities directly under the Ministry of Health organized independently to only provide occupational disease medical examination and treatment.

8. Determination of new techniques and methods, excluding new traditional medicine techniques and methods (Administrative Procedure Code: 1.012263).

9. Permission for pilot application of new techniques and methods (Administrative Procedure Code: 1.012285), permission for formal application of new techniques and methods (Administrative Procedure Code: 1.012267), excluding new traditional medicine techniques and methods.

10. Issuance, reissuance, supplementation, amendment of certificates for registration of quality evaluation and certification activities of medical examination and treatment facilities, excluding traditional medicine medical examination and treatment facilities (Administrative Procedure Code: 1.012282; 1.012284; 1.012283).

11. Recognition of quality management standards for medical examination and treatment facilities, excluding traditional medicine medical examination and treatment facility quality management standards (Administrative Procedure Code: 1.001203).

a) Medical examination and treatment facilities directly under the Ministry of Health, excluding cases specified in Point a Clause 12 Article 2 and Article 3 of this Circular;

b) Private hospitals during the transitional period from January 1, 2024 to December 31, 2026, excluding cases specified in Point b Clause 12 Article 2 and Article 3 of this Circular.

1. Issuance, reissuance, amendment, extension of practice licenses during the transitional period for individuals working at medical examination and treatment facilities directly under the Ministry of Health, submitting applications for practice licenses from January 1, 2024 to the time of professional capability assessment according to one of the following professional titles (Administrative Procedure Code: 1.012289; 1.012290; 1.012292; 1.012291):

a) Traditional medicine physicians;

b) Physicians with a scope of practice in traditional medicine specialties;

c) Traditional medicine assistant physicians.

2. Recognition of licenses for practicing traditional medicine medical examination and treatment issued by foreign competent authorities (Administrative Procedure Code: 1.012277).

3. Revocation of licenses for practicing traditional medicine medical examination and treatment in cases stipulated in point i, Clause 1, Article 35 of the Medical Examination and Treatment Law (Administrative Procedure Code: 1.012276).

4. Permission for organizations to conduct charitable medical examination and treatment campaigns or mobile medical services as specified in Clause 1, Article 79 of the Medical Examination and Treatment Law, and for individuals to provide charitable medical examination and treatment in the following cases (Administrative Procedure Code: 1.012257):

a) Foreign organizations or individuals conducting charitable traditional medicine medical examination and treatment campaigns or mobile services in two or more centrally administered cities or provinces;

b) Organizations conducting charitable traditional medicine medical examination and treatment campaigns or mobile services at medical examination and treatment facilities directly under the Ministry of Health and other ministries and sectors (excluding those under the Ministry of National Defense and the Ministry of Public Security).

5. Permission for foreigners to enter Vietnam to transfer specialized knowledge on traditional medicine medical examination and treatment or to cooperate in training programs involving practical traditional medicine medical examination and treatment at medical examination and treatment facilities directly under the Ministry of Health (Administrative Procedure Code: 1.012258).

6. Permission to pilot telemedicine for traditional medicine medical examination and treatment facilities directly under the Ministry of Health (Administrative Procedure Code: 1.012261).

7. Classification of technical expertise for traditional medicine medical examination and treatment facilities directly under the Ministry of Health (Administrative Procedure Code: 1.012262).

8. Determination of new techniques and methods in traditional medicine (Administrative Procedure Code: 1.012263).

9. Permission to pilot the application of new techniques and methods (Administrative Procedure Code: 1.012285), permission to officially apply new techniques and methods (Administrative Procedure Code: 1.012267) in traditional medicine.

10. Issuance, reissuance, supplementation, and amendment of certificates for registration of activities related to quality assessment and certification of traditional medicine medical examination and treatment facilities (Administrative Procedure Codes: 1.012282; 1.012284; 1.012283).

11. Recognition of quality management standards for traditional medicine medical examination and treatment facilities (Administrative Procedure Code: 1.001203).

12. Formation of review teams for issuing, reissuing, and adjusting operating permits, including soliciting experts to join the review team for the following cases:

a) Traditional medicine medical examination and treatment facilities directly under the Ministry of Health;

b) Private traditional medicine hospitals during the transitional period from January 1, 2024, to before January 1, 2027.

Formation of review teams for issuing, reissuing, and adjusting operating permits for medical examination and treatment, including soliciting experts to join the review team for the following cases:

1. Issuance and reissuance of operating permits for medical examination and treatment for medical examination and treatment facilities directly under the Ministry of Health organized solely for occupational disease medical examination and treatment.

2. Adjustment of operating permits for medical examination and treatment for the following cases:

a) Medical examination and treatment facilities directly under the Ministry of Health organizing medical examination and treatment for occupational diseases;

b) Private hospitals requesting to conduct medical examination and treatment for occupational diseases during the transitional period from January 1, 2024, to before January 1, 2027.

Article 4. The分级处理卫生部职权范围内医疗机构执业许可程序的划分，供各省、直辖市卫生厅在诊疗领域执行。

1. Issuing, reissuing, amending, and extending medical practice licenses for private hospitals during the transitional period for personnel working at these hospitals who submit application forms from January 1, 2024 to the date of professional capability assessment according to specialized titles such as physician, assistant physician, nurse, midwife, medical technician, clinical nutritionist, emergency medical technician, and clinical psychologist (Administrative Procedure Code: 1.012289; 1.012290; 1.012292; 1.012291).

2. Amending the operating license for private hospitals within the management area during the transitional period from January 1, 2024 to before January 1, 2027 (Administrative Procedure Code: 1.012280) in the following cases:

a) Changing the number of beds between 10% and less than 50% of the total number of beds approved by the competent authority (the total number of adjusted beds shall not exceed 100 beds);

b) Changing the number of beds under 10%, but the number of adjusted beds from 30 beds to 100 beds;

c) Adjusting the number of beds for cases that have completed self-adjustment of the number of beds under 10% and wish to continue adjusting the number of beds to less than 50% of the total number of beds approved by the competent authority (the total number of adjusted beds shall not exceed 100 beds);

d) Adding or reducing technical procedures as stipulated in Point b Clause 1 Article 145 Decree No. 96/2023/NĐ-CP dated December 30, 2023 of the Government detailing certain provisions of the Law on Medical Examination and Treatment, except for cases where special technical procedures listed by the Minister of Health are added;

4. Accepting registration for practitioners working at private hospitals within the management area (Administrative Procedure Code: 1.012275).

Article 5. Effective Date

This Circular takes effect from March 1, 2025.

Article 6. Transitional Provisions

1. For dossiers submitted before the effective date of this Circular: The dossier receiving agency shall continue to process them according to current regulations until the administrative procedure is completed.

2. Documents prescribed in Articles 1, 2, 3, and 4 of this Circular that were issued before the effective date of this Circular shall continue to be valid. In case of reissue, amendment, extension, or revocation, organizations and individuals shall comply with the provisions of this Circular.

Article 7. Responsibility for Implementation

a) Organizing the implementation and handling of administrative procedures delegated in this Circular in accordance with the law; signing and using the seal of their units to handle administrative procedures delegated in this Circular, including requesting supplementary documents, returning documents, and other activities to implement administrative procedures delegated in this Circular;

b) Assigning Deputy Directors to sign on behalf of the units for documents handling administrative procedures within their authority when necessary.

2. The Director of the Provincial Health Department shall be responsible for:

a) Organizing the implementation and handling of administrative procedures delegated in this Circular in accordance with the law;

b) Reporting to the Ministry of Health annually on the results of handling administrative procedures delegated in this Circular.

The Head of the Ministry's Office; the Head of the Ministry's Inspectorate; the Heads of Departments; the Directors of Departments; the Heads of Units; the Directors of Provincial Health Departments; and related organizations and individuals are responsible for implementing this Circular.

During the implementation process, if there are difficulties or obstacles, please report to the Ministry of Health (Department of Medical Examination and Treatment) for timely guidance and resolution.