Is there the Decree 16/2024/ND-CP regarding healthcare practitioners and healthcare establishments affiliated to Vietnam people's armed forces?

Is there the Decree 16/2024/ND-CP regarding healthcare practitioners and healthcare establishments affiliated to Vietnam people's armed forces? - asked Mrs. H.T - Hanoi.

Is there the Decree 16/2024/ND-CP regarding healthcare practitioners and healthcare establishments affiliated to Vietnam people's armed forces?

On February 16, 2024, the Government issued Decree 16/2024/ND-CP regarding healthcare practitioners and healthcare establishments affiliated to the people's armed forces.

Pursuant to Decree 16/2024/ND-CP, it regulates healthcare practitioners and the organization of healthcare establishments affiliated to the people's armed forces.

- Conditions, documents, procedures for new issuance, reissuance, extension, adjustment, and revocation of licenses for medical examination and treatment; suspension of practice for healthcare practitioners within the people's armed forces.

- Conditions, documents, procedures for new issuance, reissuance, adjustment, revocation of operating permits, and suspension of operations for healthcare establishments affiliated to the people's armed forces.

- The practice of medical examination and treatment within the people's armed forces.

- Professional technical qualifications in medical examination and treatment.

- Evaluation and certification of quality for healthcare establishments affiliated to the people's armed forces.

Decree 16/2024/ND-CP applies to healthcare practitioners and healthcare establishments affiliated to the people's armed forces, the Government's relevant agencies, organizations, units, and individuals.

Is there the Decree 16/2024/ND-CP regarding healthcare practitioners and healthcare establishments affiliated to Vietnam people's armed forces?

Who are healthcare practitioners working at healthcare establishments affiliated to Vietnam people's armed forces?

Pursuant to Article 4 of Decree 16/2024/ND-CP, it stipulates the healthcare practitioners and forms of organization for healthcare establishments affiliated to the people's armed forces:

Healthcare practitioners at healthcare establishments affiliated to the people's armed forces
1. Healthcare practitioners at healthcare establishments affiliated to the people's armed forces include:
a) Individuals who possess the professional practice license as prescribed in Clause 1 of Article 26 of the Law on Medical Examination and Treatment.
b) Medical assistants from the people's armed forces units participating in medical examination and treatment activities but not requiring a professional practice license as stipulated in Clause 2 of Article 19 of the Law on Medical Examination and Treatment.
2. Forms of organization for healthcare establishments affiliated to the people's armed forces include:
a) General hospitals, specialized hospitals, branch hospitals, research institutes with hospital beds (referred to collectively as hospitals).
b) Medical posts, treatment teams, military transport ships with medical facilities, military ships, research centers with hospital beds, nursing centers with hospital beds, medical centers with hospital beds (referred to collectively as medical posts).
c) Poly-clinics of units and organizations at the brigade level and above, military-civilian medical clinics (referred to collectively as poly-clinics).

Therefore, the healthcare practitioners of the Vietnam people's armed forces include the following categories:

- Individuals with the following professional practice licenses:

+ Doctors.

+ Medical practitioners.

+ Nurses.

+ Midwives.

+ Medical technicians.

+ Clinical nutritionists.

+ Peripheral emergency care providers.

+ Clinical psychologists.

+ Traditional medicine practitioners.

- Medical assistants from the people's armed forces units participating in medical examination and treatment activities but not requiring a professional practice license as stipulated in Clause 2 of Article 19 of the Law on Medical Examination and Treatment 2023.

What are the conditions for healthcare practitioners working at healthcare establishmen affiliated to Vietnam people's armed forces?

Pursuant to Clause 1 of Article 15 of Decree 16/2024/ND-CP, it is stipulated as follows:

Healthcare practitioners at healthcare establishmen affiliated to the people's armed forces may only practice when they meet the conditions prescribed in Article 19 of the Law on Medical Examination and Treatment 2023, specifically:

(1) Any individual shall be permitted to provide medical services in Vietnam when fully meeting the following requirements:

- His/her certificate of practice of medicine remains valid;

- He/she has obtained registration for practice of medicine, except as prescribed in clause 3 of Article 36 of the Law on Medical Examination and Treatment 2023;

- He/she satisfies language proficiency requirements in healthcare as set out in Article 21 of the Law on Medical Examination and Treatment 2023;

- He/she reaches health standards required by the Minister of Health;

- He/she is not any of those covered in Article 20 of the Law on Medical Examination and Treatment 2023:

+ Any medical practitioner who is criminally prosecuted for any offence involving their application of professional and technical expertise in healthcare.

+ Any medical practitioner who is serving a suspended sentence or non-custodial correctional sentence for any offence involving their application of professional and technical expertise in healthcare.

+ Any person or individual previously serving imprisoned for an offence involving their application of professional and technical expertise in healthcare, but released on conditional parole, who is being put on probation.

+ Any medical practitioner who serves a prison sentence or is incurring an administrative penalty by being forced into a compulsory reform school or detoxification center.

+ Any medical practitioner who is banned from practicing medicine under a criminal judgment of the court of legal effect, or is subject to a restriction on the practice of medicine pursuant to the decision of a competent authority.

+ Any medical practitioner that loses his/her capacity to perform civil acts or has impaired cognition or difficulties in behavior control, or restricted capacity to perform his/her civil acts.

(2) Any individual may practise as a medical practitioner without being required to satisfy the conditions specified in point a, b and c of clause 1 of Article 19 of the Law on Medical Examination and Treatment 2023 when:

- he/she is a learner or student studying at a health training institution; a person who is practising as a medical intern before being eligible for a practicing license; a person who is waiting for a practicing license to be conferred and only practice medicine under the supervision of a practitioner;

- as a village health worker, village midwife or health worker working at a health care agency, unit or organization that is not incorporated as a medical establishment, he/she may only practise medicine within the range of assigned duties and after completing a training course in specialties or professional skills decided by the Minister of Health;

- he/she is one of the subjects of application of clause 1 of Article 115 of the Law on Medical Examination and Treatment 2023;

- he/she is someone else participating in the process of medical care as instructed by the Government.

(3) Any foreigner or overseas Vietnamese who has obtained a practicing license issued by a competent foreign agency or organization may organize humanitarian outreach healthcare campaigns at intervals, cooperate in provision of training courses on medicine involving medical internship, or transfer professional techniques in medicine under the provisions of this Law, without the encumbrance of the conditions specified in point a and b of clause 1 of Article 19 of the Law on Medical Examination and Treatment 2023.

(4) Any person participating in a community-based medical emergency who is not an out-of-hospital paramedic shall not be required to satisfy the conditions specified in clause 1 of Article 19 of the Law on Medical Examination and Treatment 2023.

LawNet

The latest legal advice
Related topics
MOST READ
{{i.ImageTitle_Alt}}
{{i.Title}}