Vietnam: In what cases shall medical practice licenses be revoked? Is it allowed to apply for reissuing a new medical practice license after being revoked issued license?
In what cases shall medical practice licenses in Vietnam be revoked?
Pursuant to Article 35 of the Law on Medical Examination and Treatment 2023 on the revocation of medical practice licenses as follows:
Revocation of medical practice licenses
1. A medical practice license shall be revoked in the following cases:
a) An application for issuing a medical practice license is not in accordance with regulations;
b) There are forged documents in the application for issuing a medical practice license;
c) There are differences on the professional title or scope of practice between the issued e and the application for issuing a medical practice license;
d) The practitioner does not practice for a continuous period of 24 months, except for the case of participating in specialized training programs;
d) The practitioner falls into one of the prohibited cases specified in Clauses 1,2, 3, 4 and 6, Article 20 of this Law;
e) The practitioner is determined by the professional council specified in Article 101 of this Law to have technical professional errors eligible for revoking medical practice licenses;
g) The practitioner is determined for second time by the professional council specified in Article 101 of this Law to have such technical professional errors that he/she must suspend his/her practice within the term of his/her license;
h) The practitioner is determined for second time by a competent state agency to commit violations against professional ethics that he/she must suspend his/her practice within the term of his/her license;
i) The practitioner himself applies for revocation of his/her license;
k) Other cases prescribed by the Government after reporting to the Standing Committee of the National Assembly.
Thus, a medical practice license holder shall be revoked their licenses when falling into one of the following cases:
- An application for issuing a medical practice license is not in accordance with regulations;
- There are forged documents in the application for issuing a medical practice license;
- There are differences on the professional title or scope of practice between the issued e and the application for issuing a medical practice license;
- The practitioner does not practice for a continuous period of 24 months, except for the case of participating in specialized training programs;
- The practitioner falls into one of the prohibited cases specified in Clauses 1,2, 3, 4 and 6, Article 20 of Law on Medical Examination and Treatment 2023;
- The practitioner is determined by the professional council specified in Article 101 of Law on Medical Examination and Treatment 2023 to have technical professional errors eligible for revoking medical practice licenses;
- The practitioner is determined for second time by the professional council specified in Article 101 of Law on Medical Examination and Treatment 2023 to have such technical professional errors that he/she must suspend his/her practice within the term of his/her license;
- The practitioner is determined for second time by a competent state agency to commit violations against professional ethics that he/she must suspend his/her practice within the term of his/her license;
- The practitioner himself applies for revocation of his/her license;
- Other cases prescribed by the Government after reporting to the Standing Committee of the National Assembly.
Is it allowed to apply for reissuing a new medical practice license after being revoked issued license in Vietnam?
Pursuant to Clause 2, Article 35 of the Law on Medical Examination and Treatment 2023 on the revocation of medical practice licenses as follows:
Revocation of medical practice licenses
...
2. After revoking the medical practice license, in case of wishing to continue practicing, the practitioner must apply for a new medical practice license specified at Point c, Clause 1, Article 30 of this Law or apply for re-issuance of a medical practice license specified at Point c, Clause 1, Article 31 of this Law.
Referring to Point c, Clause 1, Article 31 of the Law on Medical Examination and Treatment 2023, after revoking the medical practice license, in case of wishing to continue practicing, the practitioner can apply for reissuing a medical practice license.
Reissue of medical practice licenses
1. Reissuance of a medical practice license applies to the following cases:
a) The issued license is lost or damaged;
b) There are changes on the information specified at Point a, Clause 3, Article 27 of this Law or information errors specified in Clause 3, Article 27 of this Law;
c) The person whose medical practice license is revoked is eligible for reissuance according to the Government's regulations;
d) The medical practice license is granted without proper authority;
dd) Other cases as prescribed by the Government.
In particular, the conditions for reissuance of a medical practice license are specified in Clause 2, Article 31 of the Law on Medical Examination and Treatment 2023 as follows:
- Have been granted a medical practice license;
- Meet the conditions in accordance with the content of the request for re-issuance;
- Not falling into one of the cases specified in Article 20 of the Law on Medical Examination and Treatment 2023.
What are the regulations on the application and procedures for reissuance of a medical practice license in Vietnam?
According to the provisions of Clauses 3 and 4, Article 31 of the Law on Medical Examination and Treatment 2023 on this content as follows:
The application for reissuance of a medical practice license includes:
- An application form for reissuance;
- Documents proving that they meet the conditions for reissuance of a medical practice license
The procedures for reissuance of a medical practice license are:
- The person who applies for reissuance of a medical practice licensee shall submit the application as prescribed in Clause 3 of this Article to the competent authority granting the medical practice license;
- The competent authority issuing the medical practice license must reissue the license within 15 days from the date of receipt of a complete application; in case off refusal, it must respond in writing and clearly state the reasons;
- In case it is necessary to verify documents with foreign elements in the application for reissuance of a medical practice license, the time limit for reissuance is 15 days from the date of verification results.
The Law on Medical Examination and Treatment 2023 will take effect from January 1, 2024.
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