Can I lease or lend my medical practice certificate to others in Vietnam?

Can I lease or lend my medical practice certificate to others in Vietnam?

Pursuant to Article 6 of the 2009 Law on Medical Examination and Treatment, it stipulates the following prohibited acts:

1. Refusing to provide or intentionally delaying first aid for patients.

2. Providing medical examination and treatment without a medical practice certificate or during the time subject to suspension from professional practice; providing medical examination and treatment services without an operation license or during the time subject to suspension from operation.

3. Practicing medical examination and treatment or providing medical examination and treatment services outside the scope of professional operation under a medical practice certificate or operation license, except cases of emergency.

4. Hiring, borrowing, leasing or lending medical practice certificates or operation licenses.

5. Practitioners selling drugs to patients in any forms, except herb doctors, herb assistant doctors, herbalists and owners of family remedies.

6. Applying medical professional methods and techniques which have not been recognized and using drugs which have not been licensed for circulation, in medical examination and treatment.

7. Advertising professional capacity and qualifications untruthfully or beyond the scope of professional operation under medical practice certificates or operation licenses; abusing traditional herbal medicament knowledge or other medical knowledge to advertise treatment methods or drugs untruthfully.

8. Using superstitions in medical examination and treatment.

9. Practitioners drinking alcohol or beer or smoking or having an alcoholic concentration in blood or breath when providing medical examination and treatment.

10. Infringing upon patients' rights; failing to observe professional and technical regulations in medical examination and treatment; taking advantage of positions and powers in medical examination and treatment: abusing the profession to harm the honor, dignity and body of patients: erasing and modifying case history dossiers to falsify information on medical examination and treatment.

11. Harming the health, life, honor and dignity of practitioners.

12. Obstructing patients in need of compulsory treatment in admitting to medical examination and treatment establishments or intentionally providing treatment for those not in need of compulsory treatment.

13. Medical cadres, civil servants and public employees establishing, engaged in the establishment or management and administration of, private hospitals or medical examination and treatment establishments set up and operating under the Enterprise Law or the Law on Cooperatives, unless they are assigned by competent state agencies to manage and administer state-funded medical examination and treatment establishments.

14. Bribe giving, taking and broking in medical examination and treatment.

Thus, according to the above regulations in Vietnam, you cannot rent or borrow a medical practice certificate to others because that is a violation of the law.

Can I lease or lend my medical practice certificate to others in Vietnam? (Image from the Internet)

What are penalties for leasing or lending medical practice certificates in Vietnam?

According to Point d, Clause 7 and Point d, Point dd, Clause 8, Article 38 of Decree 117/2020/ND-CP, there are regulations on violations against regulations on practicing and use of practicing certificates by medical practitioners as follows:

7. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for commission of one of the following violations:

d) Using a rented or borrowed medical examination and treatment practicing certificate;

8. Additional penalties:

d) The medical examination and treatment practicing certificate shall be suspended for a fixed period of 22 - 24 months in case of commission of the violation in Point b, c, d or dd Clause 7 of this Article;

dd) Foreigners who re-commit the violation in Clause 7 of this Article shall be deported.

At Point b and Point c (amended by Clause 1, Article 3, Decree 124/2021/ND-CP) Clause 9, Article 38, Decree 117/2020/ND-CP stipulates violations against regulations on practicing and use of practicing certificates by medical practitioners:

9. Remedial measures:

a) The entity committing the violation in Point c Clause 5 of this Article is compelled to make direct apologies to patients;

b) The violating entity is compelled to return any benefits illegally obtained from the commission of the violation in Point b Clause 6 or Point a, b, c, d or dd Clause 7 of this Article;

c) Enforced submission of medical examination and treatment practicing certificate in case of commission of the violation in Point d or dd Clause 7 of this Article.

In Clause 5 of Article 4, Decree 117/2020/ND-CP, there are regulations on fines for individuals and organizations as follows:

5. The fines prescribed in Chapter II hereof are imposed on violating individuals. The fine imposed on an organization is twice as much as that imposed on an individual for the same administrative violation.

According to this Article, the act of leasing medical examination and treatment practice certificates is subject to an administrative fine of from 30,000,000 VND to 40,000,000 VND. There is also an additional penalty of deprivation of the right to use the medical examination and treatment practice certificate from 22 to 24 months and forced to pay back the illegally obtained profits in Vietnam.

Best regards!