Vietnam: What is the latest charter form of organization and operation of a private hospital? What does the application for issuing an operating license to a private hospital include?
- What is the latest charter form of organization and operation of a private hospital in Vietnam?
- What is the definition of a health facility in Vietnam? Is a private hospital an organizational form of health facility in Vietnam?
- What does the application for issuing an operating license to a private hospital in Vietnam include?
What is the latest charter form of organization and operation of a private hospital in Vietnam?
The latest charter form of organization and operation of a private hospital in Vietnam is Form 03, Appendix XI attached to Decree 109/2016/ND-CP as follows:
Currently, in order to be granted a license for provision of medical examination and treatment services, in addition to meeting the conditions prescribed by current law, a private hospital must prepare a complete application for issuing an operation license. The charter of the organization and operation of a private hospital is a mandatory document included in the application for using an operation license.
What is the definition of a health facility in Vietnam? Is a private hospital an organizational form of health facility in Vietnam?
Pursuant to Clause 7 Article 2 of the Law on Medical Examination and Treatment 2009, a health facility means a fixed or mobile establishment possessing an operation license and providing medical examination and treatment services.
At the same time, according to the provisions of Article 22 of Decree 109/2016/ND-CP as amended by Clause 3, Article 11 of Decree 155/2018/ND-CP, health facilities shall be established under the provisions of law and must follow one of the following forms of organization:
- Hospitals, including general hospitals and specialized hospitals.
- Infirmaries of People's Public Security Forces.
- Polyclinic.
- Specialized clinic
- Family medicine facilities (or healthcare facilities operated in the principle of family medicine): pilot establishment as prescribed by the Minister of Health.
- Maternity ward.
- Medical service providers
…
These facilities must satisfy the conditions corresponding to each form of organization of health facilities.
Thus, according to the above regulations, a private hospital is also an organizational form of health facility in Vietnam.
What does the application for issuing an operating license to a private hospital in Vietnam include?
Pursuant to Article 43 of Decree 109/2016/ND-CP, the application for issuing an operating license to a private hospital in Vietnam includes:
- The form No. 01 (download) in Annex XI enclosed with this Decree and the following documents:
- A valid copy of the establishment decision or a document containing the name of the health facility issued by a competent authority, applicable to state-owned healthcare facilities, or a certificate of enterprise registration, applicable to private healthcare facilities, or an investment certificate, applicable to foreign-invested healthcare facilities;
- Valid copies of practice certificates of chief physicians of the healthcare facilities; persons taking charge of professional department of the health facility;
- The form in Annex IV enclosed with this Decree;
- The form No. 02 (download) in Annex XI enclosed with this Decree;
- Documents proving that the health facility satisfies the requirements for facilities, medical equipment and organization suitable for the practice scope of any healthcare facility form specified in section 1 Chapter III of this Decree;
- The Charter of organization and operation using the form regulated by the Minister of Health, applicable to state-owned hospitals, or the Form No. 03 (download) in Annex XI enclosed with this Decree, applicable to private hospitals, and the initial operation plan of the hospital;
- Valid copies of contracts on patient transport, applicable to hospitals and maternity wards without vehicles for external emergency transportation;
- A professional and technical list proposed by the health facility on the basis of the professional and technical list issued by the Minister of Health;
- Regarding emergency transportation service providers: a valid copy of the contract on professional support for the hospital. In case of provision of service of patient transportation abroad, a valid copy of the contract on patient transportation signed with an aviation service company is required.
Thus, the application for issuing an operating license to a private hospital in Vietnam shall include the above documents.
Note: Clause 6, Article 39 of Decree 117/2020/ND-CP stipulates as follows:
- A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed for providing medical services without obtaining an operation license, or during the suspension period of the operation license, or at a location which is not specified in the operation license;
In addition, the health facility's operation shall be suspended for 12 to 24 months as prescribed at Point c, Clause 7, Article 39 of Decree 117/2020/ND-CP.
Note: the above fine applies only to individuals. For organizations, the fine shall be doubled.
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