Ministry of Health's guidance on "cancelling the issuance of health certificates for drivers" in Vietnam

Ministry of Health's guidance on "cancelling the issuance of health certificates for drivers" in Vietnam (Image from the Internet)

Regarding this matter, LawNet would like to answer as follows: 

On March 26, 2024, the Ministry of Health issued Official Dispatch 1435/BYT-KCB providing guidelines on health examination regulations, specifically explaining the abolition of the procedure for issuing health certificates for drivers in Vietnam.

Ministry of Health's guidance on "cancelling the issuance of health certificates for drivers" in Vietnam

Implementing the Law on Medical Examination and Treatment 2023 and Decree 96/2023/ND-CP dated December 30, 2023, of the Government of Vietnam detailing some articles of the Law on Medical Examination and Treatment 2023, and on December 31, 2023, the Minister of Health of Vietnam issued Circular 32/2023/TT-BYT detailing some articles of the Law on Medical Examination and Treatment 2023.

According to Circular 02/2017/TT-VPCP of the Office of the Government of Vietnam "Guideline on the Professional Control of Administrative Procedures", on February 06, 2024, the Minister of Health of Vietnam issued Decision 295/QD-BYT "On the Promulgation of Newly Issued Administrative Procedures and Abolished Administrative Procedures under the Management Scope and Functions of the Ministry of Health as stipulated in Circular 32/2023/TT-BYT dated December 31, 2023, by the Minister of Health of Vietnam detailing some articles of the Law on Medical Examination and Treatment 2023", specifically:

(1) In Decision 295/QD-BYT, 12 administrative procedures were abolished, including 09 administrative procedures from number 01 to number 09, specifically as follows:

“1. Issuance of Health Certificates for Seafarers Working on Vietnamese Ships according to the standards specified in Annex I.

2. Issuance of Health Certificates for Seafarers Working on Vietnamese Ships according to the health standards in Annex I but suffering from one or several diseases, as specified in Annex II.

3. Periodic health examination for Seafarers Working on Vietnamese Ships.

4. Issuance of health certificates for drivers.

5. Periodic health examination for car drivers.

6. Issuance of health certificates for people aged 18 and above.

7. Issuance of health certificates for people under 18 years old.

8. Issuance of health certificates for people who have lost civil act capacity or have restricted civil act capacity.

9. Periodic health examination.”

According to the Ministry of Health, the above 09 procedures are not administrative procedures but are professional and technical processes implemented by medical personnel according to the assigned functions and duties to be executed as stipulated in Clause 20, Article 2, of the Law on Medical Examination and Treatment 2023: "Health examination" means the examination to determine health status, classify health, or detect and manage diseases.

(2) In Decision 295/QD-BYT, administrative procedure number 10: "Announcing facilities qualified to conduct driver health examinations under the authority of the Ministry of Health and other Ministries" and administrative procedure number 11: "Announcing facilities qualified to conduct driver health examinations under the authority of the Department of Health" were abolished as they were already stipulated in Decision 159/QD-BYT dated January 18, 2024, by the Ministry of Health "On the Announcement of Newly Issued Administrative Procedures, Replaced and Abolished Administrative Procedures under the Management Scope and Functions of the Ministry of Health as stipulated in the Law on Medical Examination and Treatment No. 15/2023/QH15 dated January 09, 2023, and Decree 96/2023/ND-CP "Detailing some articles of the Law on Medical Examination and Treatment" (Administrative procedure number 15 in the newly issued administrative procedure category).

Hence, the procedure "Issuance of health certificates for drivers" is not an administrative procedure but a professional and technical process implemented by medical personnel according to the assigned functions and duties as prescribed. Therefore, its abolition does not affect the issuance of health certificates for drivers.

More details can be found in Official Dispatch 1435/BYT-KCB dated March 26, 2024.

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