If a practicing license is revoked in case the herbalist has not practiced medicine in Vietnam for 24 consecutive months, may he/she submit an application for issuance of a new practicing license?

If a practicing license is revoked in case the herbalist has not practiced medicine in Vietnam for 24 consecutive months, may he/she submit an application for issuance of a new practicing license? - asked Mr. N.T.H (Binh Dinh)

If a practicing license is revoked in case the herbalist has not practiced medicine in Vietnam for 24 consecutive months, may he/she submit an application for issuance of a new practicing license?

Pursuant to the provisions of Clause 4, Article 34 of Decree 96/2023/ND-CP on handling after revocation of practice licenses as follows:

Actions taken after revoking practicing license for professional title of herbalist, folk remedy holder or folk therapy holder
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2. If a practicing license is revoked in case there is any fraudulent document enclosed in the application package for issuance of the practicing license as prescribed in point b clause 1 Article 35 of the Law on Medical Examination and Treatment: an application package for issuance of practicing license shall only be submitted after 05 years counting from the issue date of the revocation decision.
3. If a practicing license is revoked in case the professional title or the scope of practice printed in that practicing license is different from those stated in the application package for issuance of the practicing license as prescribed in point c clause 1 Article 35 of the Law on Medical Examination and Treatment: the license holder shall follow procedures for re-issuance of practicing license without incurring any fees.
4. If a practicing license is revoked in case the license holder has not practiced medicine for 24 consecutive months as prescribed in point d clause 1 Article 35 of the Law on Medical Examination and Treatment: the license holder is required to submit an application package following procedures for issuance of practicing license.
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Thus, if a practicing license is revoked in case the herbalist has not practiced medicine for 24 consecutive months, except for cases of participation in specialized training programs, the herbalist is required to submit an application package following procedures for issuance of a new practicing license.

If a practicing license is revoked in case the herbalist has not practiced medicine in Vietnam for 24 consecutive months, may he/she submit an application for issuance of a new practicing license? (Image from the Internet)

What are the eligible cases for re-issuance of practicing license for professional title of herbalist in Vietnam?

Pursuant to Point c, Clause 1, Article 23 of Decree 96/2023/ND-CP, the eligible cases for re-issuance of practicing license for professional title of herbalist include:

Eligible cases and conditions for re-issuance of practicing license for professional title of herbalist, folk remedy holder or folk therapy holder
1. A practicing license may be re-issued if:
a) It is lost or damaged;
b) There is any change in the information specified in point a clause 3 Article 27 of the Law on Medical Examination and Treatment, or any error in the information specified in clause 3 Article 27 of the Law on Medical Examination and Treatment;
c) A person has his/her practicing license revoked in any of the cases prescribed in clauses 1, 3 and 9 Article 34 of this Decree;
d) The practicing license is issued ultra vires as prescribed in clause 1 Article 28 of the Law on Medical Examination and Treatment.
2. Conditions for re-issuance of practicing license shall comply with the provisions of clause 2 Article 31 of the Law on Medical Examination and Treatment.

Thus, a person has his/her practicing license revoked in any of the cases prescribed in clauses 1, 3 and 9 Article 34 of Decree 96/2023/ND-CP may have his/her practicing license re-issued. To be specific:

- If a practicing license is revoked in case the application package for issuance of that practicing license fails to meet regulations as prescribed in point a clause 1 Article 35 of the Law on Medical Examination and Treatment 2023:

- If a practicing license is revoked in case the professional title or the scope of practice printed in that practicing license is different from those stated in the application package for issuance of the practicing license as prescribed in point c clause 1 Article 35 of the Law on Medical Examination and Treatment 2023;

- If a practicing license is revoked in case such revocation is made at the request of the medical practitioner as prescribed in point i clause 1 Article 35 of the Law on Medical Examination and Treatment 2023.

What are the procedures for revocation of practicing license in case the herbalist has not practiced medicine in Vietnam for 24 consecutive months?

The procedures for revocation of practicing license in case the herbalist has not practiced medicine in Vietnam for 24 consecutive months are specified in Clause 1, Article 32 of Decree 96/2023/ND-CP as follows:

Procedures for revocation of practicing license
1. For the cases prescribed in points a, b, c, d clause 1 Article 35 of the Law on Medical Examination and Treatment:
a) The authority, organization or individual that detects the medical practitioner subject to revocation of practicing license shall notify the authority competent to revoke practicing license;
b) The authority competent to revoke practicing license shall verify received documents and information, and, if such documents and information are satisfactory, issue a decision to revoke practicing license (hereinafter referred to as “revocation decision”)..
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Thus, in case the herbalist has not practiced medicine in Vietnam for 24 consecutive months, the procedures for revocation of practicing license are as follows:

- The authority, organization or individual that detects the medical practitioner subject to revocation of practicing license shall notify the authority competent to revoke practicing license;

- The authority competent to revoke practicing license shall verify received documents and information, and, if such documents and information are satisfactory, issue a decision to revoke practicing license

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