Can foreigners open private clinics in Vietnam? What are the conditions for granting an operation license to a private clinic?
Can foreigners open private clinics in Vietnam?
Pursuant to Appendix I enclosed with Decree 31/2021/ND-CP of Vietnam as follows:
“A. BUSINESS LINES WITH PROHIBITED MARKET ACCESS
1. Trade in goods and services on the list of goods and services under state monopoly.
2. Press activities and collection of news in any shape or form.
3. Catching or harvesting marine life.
4. Investigation and security services.
5. Administrative and judicial services, including judicial assessment services, bailiff services, property auction services, notary services, official receiver’s services.
6. Guest worker services.
7. Investment in construction of cemeteries for transfer of land use right and infrastructure thereon.
8. Direct collection of garbage from households.
9. Public survey services.
10. Blasting services.
11. Manufacture, sale of weapons, explosive materials and combat gears.
12. Import, dismantlement of used seagoing ships.
13. Public postal services.
14. Merchanting trade of goods.
15. Temporary import for re-export of goods.
16. Exercise of rights to export, import distribute goods on the list of goods to which foreign investors and foreign-invested business organizations do not have the right to export, import or distribute.
17. Collection, purchase, handling of public property at armed force units.
18. Manufacture of military equipment or materials; trade in military equipment, military weapons, specialized equipment and vehicles exclusively for used by the military and the police, specialized equipment and parts thereof, manufacture technology thereof;
19. Industrial property representative services and intellectual property assessment services.
20. Services that involve establishment, operation, sustainment and maintenance of maritime signals, water zones, water areas, public navigable channels and maritime routes; survey of water zones, water areas, public navigable channels and maritime routes serving the maritime announcements; survey, development and publishing nautical charts for water bodies, seaports, navigable channels and maritime routes; development and publishing of marine safety publications.
21. Maritime safety services in water zones, water areas and public navigable channels; electronic maritime information services.
22. Services that involve inspection (inspection and testing) and issuance of certificates to vehicles (including systems, assembled parts, devices and parts of vehicles); inspection and issuance of certificates of technical safety and environmental safety to vehicles, specialized equipment, containers, equipment for packaging dangerous goods used in transport; inspection and issuance of certificates of technical safety and environmental safety to vehicles and equipment used for exploration, extraction and transport of petroleum at sea; occupational safety inspection of equipment subject to strict occupational safety requirements on vehicles and equipment used for exploration, extraction and transport of petroleum at sea; fishing vessel inspection and registration services.
23. Services that involve survey, assessment and harvest of natural forests (including logging, hunting, trapping wild and rare animals, management of gene pools of plants, domestic animals and microorganisms used in agriculture.
24. Research or use of genetic resources of new domestic animals before evaluation by the Ministry of Agriculture and Rural Development.
25. Travel services, except international travel services for inbound tourists."
According to the above regulations, the opening of a private clinic (private medical examination and treatment establishment) is not on the list of business lines with prohibited market access, and industries with restricted market access for foreign investors, so foreigners can invest to open private clinics in Vietnam.
Can foreigners open private clinics in Vietnam? (Image from the Internet)
What are the procedures for opening a private clinic in Vietnam?
To open a private clinic in Vietnam, first you need to apply for an investment certificate according to Article 22 of the 2020 Law on Investment of Vietnam:
“Article 22. Investment in establishment of a business organization
1. Every investor shall establish a business organization in accordance with the following regulations:
…
b) A foreign investor that establishes a business organization shall satisfy market access conditions applied to foreign investors specified in Article 9 of this Law;
c) Before establishing a business organization, the foreign investor must have an investment project and follow the procedures for issuance or adjustment of an investment registration certificate, except for establishment of a small and medium-sized start-up enterprise and a startup investment fund in accordance with regulations of the Law on Small and Medium-sized Enterprises.
…”
Procedures for applying for an investment registration certificate shall comply with the instructions in Articles 37 and 38 of this Law. This is guided by Articles 35, 36, 39, Article 40 of Decree 31/2021/ND-CP of Vietnam, you can refer to it for more information. The form you use is the form issued according to Circular 03/2021/TT-BKHDT.
After obtaining the investment registration certificate, the foreigner shall submit the application for registration of the establishment of an enterprise under the ENTERPRISE ESTABLISHMENT REGISTRATION or concurrently submit the application for the investment registration certificate together with the application for registration. Sign the establishment of a business for the Department of Planning and Investment.
What are the conditions for granting an operation license to a private clinic?
The license to open a clinic under the guidance in Articles 42 and 43 of the 2009 Law on Medical Examination and Treatment of Vietnam is stipulated as follows:
“Article 42. Conditions on operation of medical examination and treatment establishments
1. To have an establishment decision issued by a competent state agency, for medical examination and treatment establishments set up by the State, or a business registration certificate or investment license under law for other medical examination and treatment establishments.
2. To possess an operation license granted by the Minister of Health, the Minister of National Defense or the director of a provincial-level Health Department.
Article 43. Conditions for a medical examination and treatment establishment to obtain an operation license
1. A medical examination and treatment establishment may obtain an operation license when fully meeting the following conditions:
a/ To meet requirements under national technical regulations on medical examination and treatment establishments promulgated by the Minister of Health:
b/ To have sufficient practitioners relevant to its scope of professional operation;
c/ The person responsible for its professional and technical operations must have provided medical examination and treatment for at least 36 months.
2. When registering to establish a specialized or family doctor clinic, apart from the conditions specified in Clause 1 of this Article, the head of the establishment must be a practitioner with professional diplomas relevant to the form of the establishment's professional operation.”
At the same time, Section 1 Chapter III of Decree 109/2016/ND-CP is supplemented by Clause 4, Article 11 of Decree 155/2018/ND-CP and Article 26 of Decree 109/2016/ND-CP is amended by Clause 8 Article 11 of Decree 155/2018/ND-CP specifically guides that when setting up a specialized clinic, it must ensure the general conditions for granting operation licenses to medical examination and treatment establishments and conditions for granting operation licenses to specialized clinics.
Thus, when there is a need to establish a specialized clinic, you should submit your application directly to the local Department of Health for settlement.
An application file for an operation license for a specialized clinic (general medical examination and treatment establishment) is specified in Clause 1, Article 43 of Decree 109/2016/ND-CP.
In addition, to be granted a practicing certificate in Vietnam, a foreigner needs to meet the conditions in Article 19 of the 2009 Law on Medical Examination and Treatment. Procedures and dossiers of application for a certificate shall comply with the guidance in Articles 26 to 28 of this Law.
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