In which cases is the license to practice medicine in Vietnam re-issued? What are the conditions for re-issuance of a license to practice medicine in Vietnam?

In which cases is the license to practice medicine in Vietnam re-issued? What are the conditions for re-issuance of a license to practice medicine in Vietnam? - Question from Mr. An (Hoa Binh)

In which cases is the license to practice medicine in Vietnam re-issued?

Pursuant to Clause 1, Article 31 of the 2023 Law on Medical Examination and Treatment in Vietnam as follows:

Reissuance of practising licenses
1. A practising license may be re-issued if:
a) it is lost or damaged;
b) there is any change in the information specified in point a of clause 3 of Article 27 herein, or any error in the information specified in clause 3 of Article 27 herein;
c) the person whose practising license is revoked meets the Government’s regulations on re-issuance of practising licenses;
d) it is issued ultra vires;
dd) other circumstances specified in the Government’s regulations arise.

Thus, the license to practice medicine may be re-issued if:

- it is lost or damaged;

- there is any change in the information specified in point a of clause 3 of Article 27 herein, or any error in the information specified in clause 3 of Article 27 herein;

- the person whose practising license is revoked meets the Government’s regulations on re-issuance of practising licenses;

- it is issued ultra vires;

- other circumstances specified in the Government’s regulations arise.

In which cases is the license to practice medicine in Vietnam re-issued? What are the conditions for re-issuance of a license to practice medicine in Vietnam?

In which cases is the license to practice medicine in Vietnam re-issued? What are the conditions for re-issuance of a license to practice medicine in Vietnam?

What are the conditions for re-issuance of a license to practice medicine in Vietnam?

Pursuant to Clause 2, Article 31 of the 2023 Law on Medical Examination and Treatment in Vietnam, the conditions for re-issuance of a licenses to practice medicine are as follows:

Reissuance of practising licenses
...
2. Conditions for re-issuance of a practising license shall be as follows:
a) The practising license already exists;
b) Conditions fitted to the content of the application for re-issuance are satisfied;
c) Any of the cases prescribed in Article 20 herein does not occur.

Thus, in order to be re-issued with a license to practice medicine, the following conditions must be met:

- The practising license already exists;

- Conditions fitted to the content of the application for re-issuance are satisfied;

- Any of the cases prescribed in Article 20 herein does not occur.

What is included in the application and procedures for re-issuance of a license to practice medicine in Vietnam?

(1) Regarding the application for re-issuance of the license to practice medicine:

Pursuant to Clause 3, Article 31 of the 2023 Law on Medical Examination and Treatment in Vietnam stipulating as follows:

Re-issuance of practising licenses
...
3. An application package for re-issuance of a practising license shall be composed of:
a) Application form;
b) Documentary evidence of conformance to the conditions specified in clause 2 of this Article.

Thus, an application package for re-issuance of a practising license shall be composed of:

- Application form;

- Documentary evidence of conformance to the conditions specified in clause 2 of this Article.

(2) Procedures for re-issuance of a license to practice medicine are specified in Clause 4, Article 31 of the 2023 Law on Medical Examination and Treatment in Vietnam as follows:

- The applicant submits the application package defined in clause 3 of this Article to the competent licensing agency;

- The competent licensing agency is required to re-issue the requested practising license within 15 days of receipt of all required documents; in case of rejection, a written response, clearly stating reasons for such rejection, shall be sent to the applicant;

- Where it is necessary to verify documents of foreign origin enclosed in the application package, the duration of decision to re-issue a practising license shall be 15 days from the day on which verification results are available.

In what cases will the license to practice medicine be revoked?

Pursuant to Clause 1, Article 35 of the 2023 Law on Medical Examination and Treatment in Vietnam on revocation of license to practice medicine as follows:

- A practising license shall be revoked if:

+ the application package for award of that practising license fails to meet regulations;

+ there is any fraudulent document enclosed in the application package for issuance of the practising license;

+ the professional title or the scope of practice printed in that practising license is different from those stated in the application package for issuance of the practising license;

+ the medical practitioner holding the practising license has not practiced medicine for 24 consecutive months, except when he/she takes a medical training course;

+ the medical practitioner is subject to prohibition of practice of medicine as defined in clause 1,2, 3, 4 and 6 of Article 20 herein;

+ the Expert Panel defined in Article 101 herein establishes that the medical practitioner holding that practising license has committed an error related to his/her professional and technical expertise in healthcare to the extent of incurring the sanction of revocation or withdrawal of his/her practising license;

+ the Expert Panel defined in Article 101 herein establishes that the medical practitioner holding that practising license has committed an error related to his/her professional and technical expertise in healthcare for the second time to the extent of incurring the sanction of suspension of his/her practice of medicine;

+ the competent state agency establishes that the medical practitioner holding that practising license has violated professional ethics to the extent of incurring the sanction of suspension of his/her practice of medicine within the validity period of that practising license;

+ that practising license is revoked or withdrawn at the request of the medical practitioner holding it;

+ other circumstances regulated by the Government after being presented to the National Assembly’s Standing Committee.

The 2023 Law on Medical Examination and Treatment in Vietnam takes effect from January 1, 2024.

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