Circular No. 7/BYT-TT guiding the implementation of the Ordinance on Private Medical and Pharmaceutical Practice and Decree No. 6-CP dated February 29, 1994 of the Government detailing certain Articles of the Ordinance on Private Medical and Pharmaceutical Practice in the field of private medical practice.

CIRCULAR

GUIDELINES FOR THE IMPLEMENTATION OF THE PRIVATE PRACTICE OF MEDICINE AND PHARMACY ORDINANCE AND DECREE NO. 6-CP OF FEBRUARY 29, 1994 ISSUED BY THE GOVERNMENT ON SPECIFIC PROVISIONS OF THE PRIVATE PRACTICE OF MEDICINE AND PHARMACY ORDINANCE IN THE FIELD OF PRIVATE MEDICAL PRACTICE 

BASED ON THE PRIVATE PRACTICE OF MEDICINE AND PHARMACY ORDINANCE AND DECREE NO. 6-CP OF JANUARY 29, 1994 ISSUED BY THE GOVERNMENT ON SPECIFIC PROVISIONS OF THE PRIVATE PRACTICE OF MEDICINE AND PHARMACY ORDINANCE, THE MINISTRY OF HEALTH GUIDES THE DETAILS OF PRIVATE MEDICAL PRACTICE AS FOLLOWS:

I. GENERAL PROVISIONS

1. FORMS OF ORGANIZATION FOR PRIVATE MEDICAL PRACTICE INCLUDE:

- PRIVATE HOSPITALS;

- MULTISPECIALTY CLINICS OR SPECIALTY CLINICS;

- DENTAL CLINICS AND DENTURE SERVICES;

- LABORATORY AND FUNCTIONAL DIAGNOSTIC DEPARTMENTS;

- RADIOGRAPHY AND X-RAY DEPARTMENTS;

- PLASTIC SURGERY FACILITIES;

- REHABILITATION AND FUNCTIONAL RESTORATION SERVICES;

- PRIVATE MIDWIFERY HOUSES;

- FAMILY PLANNING SERVICES: INSERTION OF INTRAUTERINE DEVICES, MENSTRUAL REGULATION, MALE STERILIZATION WITHOUT SURGERY, AND ADVICE ON FAMILY PLANNING;

- INJECTION, INFUSION, AND DRESSING SERVICES.

2. PERMANENT CIVIL SERVANTS AND MILITARY OFFICERS ARE NOT PERMITTED TO PARTICIPATE IN THE ESTABLISHMENT OR MANAGEMENT OF PRIVATE HOSPITALS BUT ARE ALLOWED TO ENGAGE IN PRIVATE MEDICAL PRACTICE OUTSIDE THEIR WORKING HOURS UNDER OTHER FORMS OF ORGANIZATION AS PROVIDED FOR IN SECTION I.1, IF THEY OBTAIN APPROVAL FROM THE HEAD OF THEIR AGENCY.

3. THE RIGHTS OF OWNERSHIP OVER PHYSICAL FACILITIES, RIGHTS OF INHERITANCE OVER PROPERTY, AND OTHER LEGAL RIGHTS AND INTERESTS OF THE OWNERS OF PRIVATE MEDICAL PRACTICE FACILITIES ARE PROTECTED BY THE STATE.

4. THE STATE ENCOURAGES AND PROVIDES FAVORABLE CONDITIONS FOR PERSONS APPLYING FOR PRIVATE MEDICAL PRACTICE IN REMOTE, MOUNTAINOUS, ISLAND, AND REMOTE AREAS.

5. PERSONS APPLYING FOR PRIVATE MEDICAL PRACTICE MUST PAY THE FEES FOR REVIEW AS PRESCRIBED BY THE MINISTRY OF HEALTH AND THE MINISTRY OF FINANCE.

II. STANDARDS AND REQUIREMENTS FOR EACH TYPE OF ORGANIZATION FOR PRIVATE MEDICAL PRACTICE AND SCOPE OF SPECIALIZATION

1. STANDARDS AND SCOPE OF SPECIALIZATION FOR PRIVATE MEDICAL PRACTICE OF APPLICANTS:

IN ADDITION TO THE STANDARDS FOR APPLICANTS FOR PRIVATE MEDICAL PRACTICE AS PROVIDED FOR IN ARTICLES 6 AND 11 OF THE PRIVATE PRACTICE OF MEDICINE AND PHARMACY ORDINANCE AND THE CERTIFICATE OF FITNESS FOR HEALTH, APPLICANTS FOR PRIVATE MEDICAL PRACTICE MUST MEET THE FOLLOWING SPECIFIC PROFESSIONAL STANDARDS FOR EACH TYPE OF ORGANIZATION FOR PRIVATE MEDICAL PRACTICE:

a) THE DIRECTOR OF A PRIVATE HOSPITAL MUST BE A GENERAL PRACTITIONER OR SPECIALIST WHO HAS COMPLETED FIVE CONSECUTIVE YEARS OF PRACTICE AT STATE HEALTH CARE FACILITIES AND HAS BEEN CONFIRMED AS QUALIFIED BY THE SPECIALIZED BOARD OF THE DEPARTMENT OF HEALTH.

b) APPLICANTS FOR MULTISPECIALTY CLINICS OR SPECIALTY CLINICS MUST BE GENERAL PRACTITIONERS OR SPECIALISTS WHO HAVE COMPLETED FIVE CONSECUTIVE YEARS OF PRACTICE AT STATE OR PRIVATE HEALTH CARE FACILITIES.

c) APPLICANTS FOR DENTAL CLINICS AND DENTURE SERVICES MUST BE DENTAL SPECIALISTS WHO HAVE COMPLETED FIVE CONSECUTIVE YEARS OF PRACTICE AT HEALTH CARE FACILITIES SPECIALIZING IN DENTISTRY. DENTURISTS WHO HAVE BEEN PRACTICING SINCE BEFORE 1980, WITH A LOCAL AUTHORITY CERTIFICATE, MAY PROVIDE DENTURE SERVICES AS PERMITTED IN THE LICENSE.

d) APPLICANTS FOR LABORATORY, FUNCTIONAL DIAGNOSTIC, AND RADIATION DEPARTMENTS MUST BE DOCTORS OR PHARMACISTS WHO HAVE COMPLETED FIVE CONSECUTIVE YEARS OF PRACTICE AT HEALTH CARE FACILITIES SPECIALIZING IN THEIR RESPECTIVE FIELDS.

đ) APPLICANTS FOR PLASTIC SURGERY FACILITIES MUST BE PLASTIC SURGEONS WHO HAVE COMPLETED FIVE CONSECUTIVE YEARS OF PRACTICE AT PLASTIC SURGERY FACILITIES.

e) APPLICANTS FOR REHABILITATION AND FUNCTIONAL RESTORATION SERVICES MUST BE DOCTORS WHO HAVE COMPLETED FIVE CONSECUTIVE YEARS OF PRACTICE IN REHABILITATION WORK AT HEALTH CARE OR REHABILITATION FACILITIES.

f) APPLICANTS FOR MIDWIFERY HOUSES MUST BE OBSTETRIC SPECIALISTS OR MIDWIVES WHO HAVE COMPLETED FIVE CONSECUTIVE YEARS OF PRACTICE AT OBSTETRIC FACILITIES.

g) APPLICANTS FOR FAMILY PLANNING SERVICES MUST BE OBSTETRIC SPECIALISTS WHO HAVE COMPLETED FIVE CONSECUTIVE YEARS OF PRACTICE AT HEALTH CARE FACILITIES SPECIALIZING IN OBSTETRICS.

h) APPLICANTS FOR INJECTION, INFUSION, AND DRESSING SERVICES MUST BE NURSES WHO HAVE COMPLETED TWO CONSECUTIVE YEARS OF PRACTICE AT HEALTH CARE FACILITIES.

i) RETIRED GENERAL PRACTITIONERS OR SPECIALISTS FROM HIGH MOUNTAINOUS REGIONS (AS PER DECISION NO. 21-UB/QĐ OF JANUARY 26, 1993 ISSUED BY THE MINISTER OF THE NATIONAL COMMITTEE FOR ETHNIC GROUPS AND MOUNTAINOUS REGIONS) WHO HAVE COMPLETED FIVE CONSECUTIVE YEARS OF PRACTICE AT HEALTH CARE FACILITIES MAY REGISTER FOR MULTISPECIALTY OR SPECIALTY CLINICS IF THEY MEET THE STANDARDS AND REQUIREMENTS AS SET OUT IN THIS CIRCULAR.

2. REQUIREMENTS FOR PHYSICAL FACILITIES, EQUIPMENT, AND TECHNOLOGY:

a) FOR PRIVATE HOSPITALS:

ACCORDING TO THE ORGANIZATIONAL MODEL AND REQUIREMENTS FOR PHYSICAL FACILITIES, MEDICAL EQUIPMENT, AND OPERATING CONDITIONS SIMILAR TO THOSE OF STATE MULTISPECIALTY OR SPECIALTY HOSPITALS.

b) FOR OTHER TYPES OF PRIVATE MEDICAL PRACTICE ORGANIZATIONS: THE FACILITY MUST BE WELL-VENTILATED, WELL-LIT, SANITARY, AND HAVE THE FOLLOWING ROOMS:

- WAITING ROOM.

- CLINIC ROOM.

- SURGICAL ROOM OR PROCEDURE ROOM (IF IT IS A SPECIALTY CLINIC, PLASTIC SURGERY FACILITY, OR FAMILY PLANNING SERVICE).

- INTENSIVE CARE UNIT (IF SURGICAL OR PROCEDURE ROOMS ARE PERFORMED).

- DELIVERY ROOM IF IT IS A MIDWIFERY HOUSE.

- PATIENT ROOM.

EACH ROOM MUST HAVE A MINIMUM AREA OF 8 SQ.M.

MEDICAL EQUIPMENT MUST BE COMPLETE AND OF GOOD QUALITY AS REQUIRED FOR EACH TYPE OF ORGANIZATION.

FOR INJECTION, INFUSION, AND DRESSING SERVICES, ONLY ONE ROOM WITH A MINIMUM AREA OF 6 SQ.M. AND COMPLETE MEDICAL EQUIPMENT AS REQUIRED IS NECESSARY.

III. PROCEDURES AND AUTHORITY FOR ISSUING LICENSES AND CERTIFICATES FOR PRIVATE MEDICAL PRACTICE FACILITIES

A. ACCORDING TO ARTICLE 24 OF THE PRIVATE PRACTICE OF MEDICINE AND PHARMACY ORDINANCE, THE MINISTRY OF HEALTH ADDITIONALLY GUIDES THE FOLLOWING PROCEDURES:

1. FOR TYPES OF PRIVATE MEDICAL PRACTICE ORGANIZATIONS EXCEPT PRIVATE HOSPITALS:

THE APPLICATION FOR A LICENSE INCLUDES:

- AN APPLICATION FOR REGISTRATION, WHICH MUST INCLUDE:

+ NAME, DATE OF BIRTH, AND PERMANENT ADDRESS OF THE APPLICANT.

+ CONTENT OF THE SPECIALTY FOR WHICH PERMISSION IS SOUGHT TO PRACTICE.

+ ENVIRONMENTAL PROTECTION MEASURES.

- A certified copy of the professional certificate with a notarization by a state notary.

- A curriculum vitae confirmed by the People's Committee of the commune, ward, or town where the applicant is registered as a resident.

- A certificate confirming five years of practical experience at medical examination and treatment facilities.

- A health check-up form.

- An overtime permission letter from the head of the agency or unit if the applicant is currently working at state medical or pharmaceutical facilities.

- A description of the location, technical infrastructure, and specialized equipment.

2. For private hospitals:

The procedures are the same as those specified in Section III.1, but must include an initial operation plan (economic and technical justification) and hospital regulations, wherein the initial operation plan must specify: capital appropriate to the scale of hospital beds and specialized equipment for patient care, explanations on the organization and operation of the hospital, environmental protection measures (water supply, wastewater discharge, waste management, radiation safety...).

B. Authority to issue certificates of qualification and conditions for private medical practice.

1. The Ministry of Health issues certificates of qualification and conditions for establishing private hospitals.

2. The Department of Health issues certificates of qualification and conditions for registering private medical practice for all types of private medical practice organizations except those specified in point B.1.

C. Validity period of certificates of qualification and conditions for private medical practice.

1. Certificates of qualification and conditions for establishing private hospitals are valid for 5 years. Upon expiration of this period, if continuing operations, the hospital must reapply for an extension of the certificate.

2. Certificates of qualification and conditions for registering private medical practice are valid for 3 years. Upon expiration of this period, if continuing operations, the facility must reapply for an extension of the certificate.

3. During the operational period, if there is a change in location, the facility must reapply for a new certificate.

IV. RIGHTS AND OBLIGATIONS OF PRIVATE MEDICAL PRACTICE FACILITIES

In addition to the rights and obligations of private medical practitioners stipulated in Chapter III of the Private Medical and Pharmaceutical Practice Ordinance, Article 16 of Decree No. 6-CP dated January 29, 1994 of the Government regarding specific provisions of the Private Medical and Pharmaceutical Practice Ordinance, private medical practitioners also have the following rights and obligations:

1. To use emergency medicine cabinets as prescribed for patients. They may not prescribe and sell medicines simultaneously. They may not use drugs or chemicals for customers contrary to the regulations of the Ministry of Health.

2. Private hospitals are permitted to organize pharmacies to sell prescriptions from their own hospital, but the establishment procedures for these pharmacies must comply with the Private Medical and Pharmaceutical Practice Ordinance.

3. To enhance their professional knowledge and skills to meet the requirements of medical examinations and treatments for the public, and participate regularly in professional activities and training sessions organized by the healthcare sector.

V. IMPLEMENTATION PROVISIONS

1. The Ministry of Health and provincial Departments of Health under the central government shall organize professional committees with the participation of leading specialists in various fields, representatives of the Vietnam Association of Medicine and Pharmacy, and provincial associations of medicine and pharmacy to review applications for registration of private medical practice and assess the material and technical conditions of such facilities.

2. The Ministry of Health (Treatment Department) and provincial Departments of Health under the central government must assign dedicated staff to oversee and manage private medical practice. In Hanoi, Ho Chi Minh City, and other major cities, the Department of Health may consider and submit proposals to the People's Committee of the city for the establishment of specialized organizations to monitor and manage private medical practice facilities within their jurisdiction.

3. In periodic reports submitted by provincial Departments of Health to the Ministry of Health, they must also report on the management of private medical practice in their respective areas.

4. Provincial Departments of Health must establish and strengthen specialized inspection systems for medical examinations and treatments, and intensify inspections at private medical practice facilities to identify and address violations according to administrative penalties in the field of healthcare (issued together with Decree No. 341-HĐBT dated September 22, 1992 of the Council of Ministers, now the Government).

5. This circular takes effect from the date of signature. All previous regulations that conflict with this circular are hereby abolished.