From 01/01/2024: Which cases are allowed to practise as a medical practitioner without being required to satisfy the conditions in Vietnam?

From 01/01/2024: Which cases are allowed to practise as a medical practitioner without being required to satisfy the conditions in Vietnam?

Pursuant to Clause 2 Article 19 of the Law on Medical Examination and Treatment in 2023 (effecttive from 01/01/2024) stipulating cases which are allowed to practise as a medical practitioner without being required to satisfy the conditions in Vietnam as follows:

Conditions for an individual’s eligibility to practise medicine

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

a) His/her certificate of practice of medicine remains valid;

b) He/she has obtained registration for practice of medicine, except as prescribed in clause 3 of Article 36 herein;

c) He/she satisfies language proficiency requirements in healthcare as set out in Article 21 herein;

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

dd) He/she is not any of those covered in Article 20 herein.

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 this Article when:

a) 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;

b) 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;

c) he/she is one of the subjects of application of clause 1 of Article 115 herein;

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

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As regulations above, any individual may practise as a medical practitioner without being required to satisfy the conditions 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;

- he/she works 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 herein;

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

*Note: If anyone is allowed to practise as a medical practitioner without being required to satisfy the conditions, he/she must be healthy enough to practice according to the regulations of the Minister of Health and he/she is not banned from practicing medical examination and treatment.

What are prohibited acts in healthcare services in Vietnam?

Pursuant to Article 7 of the Law on Medical Examination and Treatment in 2023 (effecttive from 01/01/2024) stipulating prohibited acts in healthcare services in Vietnam as follows:

(1) Infringe patients’ rights.

(2) Refuse or intentionally delay to refer patients to emergency care services, except as defined in Article 40 herein.

(3) Carry out healthcare services that do not satisfy the conditions set out in Article 19 herein.

(4) Deliver healthcare services that do not fall within the scope of practice or operation permitted by competent authorities, except in case of emergency care needed, or as these healthcare services are delivered under the mobilization or dispatch decisions of competent authorities in case of natural disaster, catastrophe, group-A infectious disease or state of emergency.

(5) Practice medicine at the time or place which is not stated in the registration for practice of medicine, except as specified in clause 3 of Article 36 herein.

(6) Fail to comply with regulations on professional and technical expertise in healthcare; use any professional method and technique, or medical equipment that has not been approved by competent authorities.

(7) Prescribe medications that have not obtained marketing authorization as provided in law on pharmacy in healthcare.

(8) Commit the act of harassment in the delivery of medical services.

(9) Prescribe patients drugs, technical and medical equipment services; suggest referral to other medical establishments to patients, or commit other acts for personal gain.

(10) Erase and tamper with medical records in order to falsify information on medical examination and treatment, or create fraudulent medical records or other documents showing medical examination and treatment results.

(11) Any practitioner sells drugs in any form, except in the following cases:

- Traditional medicine doctors, traditional medicine physician assistants or traditional medicine herbalists who sell traditional medications;

- Holders of folk remedies who sell drugs prescribed according to folk remedies under their registered ownership.

(12) Drink alcohols, beers and other alcoholic beverages; use narcotics; smoke tobaccos or cigarettes at medical establishments or while on duty.

(13) Use any form of superstition in the distribution of medical services.

(14) Refuse to participate in rendering medical services in case of a natural disaster, calamity, group-A infectious disease or a state of emergency according to the mobilization or dispatch decision of the competent body or person, except as defined under the regulatory provisions of point a and b of clause 3 of Article 47 herein.

(15) Any medical establishment provides healthcare services if it

- does not hold any operating license;

- is under suspension of its operations;

- delivers healthcare services that do not fall within the scope of permitted professional activities, except in case of emergency, or as these healthcare services are delivered under a mobilization or dispatch decision of the competent authority in response to a natural disaster, catastrophe, group-A infectious disease or state of emergency.

(1). rents, borrows; leases or lends out practicing or operating licenses.

(17) Misuse a practitioner's image and status to speak about, propagate and encourage patients to use unrecognized medical tests or therapies.

(18) Infringe upon the life and health, or offend the honor and dignity, of practitioners and other people working at medical establishments, or damage or sabotage medical establishments’ property.

(19) Prevent patients who are subject to the involuntary treatment requirement from entering medical establishments, or intentionally render involuntary treatment on people who are not subject to the involuntary treatment requirement.

(20) Advertise beyond the scope of practice or professional activities approved by a competent authority; abuse medical knowledge to falsely advertise medical services.

(21) Publish information not yet validated by competent authorities that medical incidents are ascribed to medical practitioners or medical establishments.

Which individuals shall continuously update medical knowledge in Vietnam?

Pursuant to Clause 1 Article 22 of the Law on Medical Examination and Treatment in 2023 (effecttive from 01/01/2024) stipulating individuals continuously updating medical knowledge in Vietnam as follows:

Continuously updating medical knowledge

1. Any medical practitioner holding one of the titles as a doctor, physician assistant, nurse, midwife, medical technician, clinical nutritionist, out-of-hospital paramedic or clinical psychologist shall be responsible for keeping themselves continuously updated with the latest medical knowledge relevant to the scope of their practice of medicine.

2. Ways to continuously update medical knowledge, including:

a) Participating in short-term training courses, conferences and workshops on medicine designed to be relevant to the scope of practice of medicine;

b) Getting involved in designing professional curricula, syllabi and materials relating to healthcare;

c) Conducting scientific and academic researches in medicine relevant to the scope of practice of medicine;

d) Self-education and others.

3. Medical establishments shall be responsible for encouraging medical practitioners to continuously acquire updated medical knowledge.

4. The Minister of Health shall elaborate on this Article.

As regulations above, medical practitioner holding one of the titles as a doctor, physician assistant, nurse, midwife, medical technician, clinical nutritionist, out-of-hospital paramedic or clinical psychologist shall be responsible for keeping themselves continuously updated with the latest medical knowledge relevant to the scope of their practice of medicine.

Best regards!