Intermediate medical doctors ineligible to practice under the title of doctor from December 31, 2026 in Vietnam

Intermediate medical doctors ineligible to practice under the title of doctor from December 31, 2026 in Vietnam (Internet image)

The 15th National Assembly in Vietnam approved the Law on Medical Examination and Treatment on January 9, 2023.

Thus, the grandfather clauses when applying the Law on Medical Examination and Treatment are as follows:

1. Intermediate medical doctors ineligible to practice under the title of doctor from December 31, 2026 in Vietnam

Article 121 of the Law on Medical Examination and Treatment 2023 stipulates the grandfather clauses as follows:

- Practicing certificates issued before January 1, 2024 shall be converted into practicing licenses according to the conversion roadmap approved by the Government, and shall be renewed every 5 years from the date of conversion as prescribed in the Law on Medical Examination and Treatment 2023.

- Persons who are granted intermediate-level medical training diplomas after December 31, 2026 may not be granted a practicing license for the title of physician.

- Issuing practicing certificates according to application packages submitted before January 1, 2024 shall comply with the regulatory provisions of the Law on Medical Examination and Treatment 2009 as amended in 2017.

- Practising certificates issued under clause 2 of Article 121 of the Law on Medical Examination and Treatment 2023 shall be converted into practising licenses, and renewed in accordance with clause 1 of Article 121 of the Law on Medical Examination and Treatment 2023.

-  Regulations on use of language in licensing and practising medicine applied to foreigners and overseas Vietnamese under the Law on Medical Examination and Treatment 2009 as amended in 2017 shall apply until the end of December 31, 2031.

- Suspension and revocation of practising certificates granted under the regulatory provisions of the Law on Medical Examination and Treatment 2009 as amended in 2017 shall be subject to regulations on suspension and revocation of practising licenses laid down in Law on Medical Examination and Treatment 2023.

- Applicants submitting application packages for practising licenses for the title of doctor from January 1, 2024 to the end of December 31, 2026 shall not be required to take the qualification test prescribed in the Law on Medical Examination and Treatment 2023.

- Applicants submitting application packages for practising licenses for the title of physician assistant, nurse or midwife from January 1, 2024 to the end of December 31, 2027 shall not be required to take the qualification test prescribed in the Law on Medical Examination and Treatment 2023.

- Applicants submitting application packages for practising licenses for the title of medical technician, clinical nutritionist, out-of-hospital paramedic or clinical psychologist from January 1, 2024 to the end of December 31, 2028 shall not be required to take the qualification test prescribed in the Law on Medical Examination and Treatment 2023.

- Holders of practising licenses defined in clause 1, 2, 6, 7 and 8 of this Article shall comply with regulations pertaining to practice of medicine under the Law on Medical Examination and Treatment 2023.

- Medical establishments that have been granted operating licenses under the provisions of the Law on Medical Examination and Treatment 2009 as amended in 2017, may continue to operate without having to apply for re-issuance of their operating licenses.

- Application packages for operating licenses submitted before January 1, 2024 shall be processed and handled under the regulatory provisions of the Law on Medical Examination and Treatment 2009 as amended in 2017.

2. Conditions for an individual’s eligibility to practise medicine in Vietnam

Article 19 of the Law on Medical Examination and Treatment 2023 stipulates the conditions for an individual’s eligibility to practise medicine in Vietnam as follows:

- Any individual shall be permitted to provide medical services in Vietnam when fully meeting the following requirements:

+ His/her certificate of practice of medicine remains valid;

+ He/she has obtained registration for practice of medicine, except as prescribed in clause 3 of Article 36 of the Law on Medical Examination and Treatment 2023;

+ He/she satisfies language proficiency requirements in healthcare as set out in Article 21 of the Law on Medical Examination and Treatment 2023;

+ He/she reaches health standards required by the Minister of Health;

+ He/she is not any of those covered in Article 20 of the Law on Medical Examination and Treatment 2023.

- Any individual may practise as a medical practitioner without being required to satisfy the conditions specified in point a, b and c of clause 1 of Article 19 of the Law on Medical Examination and Treatment 2023 when:

+ he/she is a learner or student studying at a health training institution; a person who is practising as a medical intern before being eligible for a practicing license; a person who is waiting for a practicing license to be conferred and only practice medicine under the supervision of a practitioner;

+ as a village health worker, village midwife or health worker working at a health care agency, unit or organization that is not incorporated as a medical establishment, he/she may only practise medicine within the range of assigned duties and after completing a training course in specialties or professional skills decided by the Minister of Health;

+ he/she is one of the subjects of application of clause 1 of Article 115 of the Law on Medical Examination and Treatment 2023;

+ he/she is someone else participating in the process of medical care as instructed by the Government.

- Any foreigner or overseas Vietnamese who has obtained a practicing license issued by a competent foreign agency or organization may organize humanitarian outreach healthcare campaigns at intervals, cooperate in provision of training courses on medicine involving medical internship, or transfer professional techniques in medicine under the provisions of this Law, without the encumbrance of the conditions specified in point a and b of clause 1 of Article 19 of the Law on Medical Examination and Treatment 2023.

- Any person participating in a community-based medical emergency who is not an out-of-hospital paramedic shall not be required to satisfy the conditions specified in clause 1 of Article 19 of the Law on Medical Examination and Treatment 2023.

Vo Ngoc Nhi

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