What is the period of failing to put a medical establishment into operation subject to the revocation of the operating license in Vietnam?
What is the period of failing to put a medical establishment into operation subject to the revocation of the operating license in Vietnam?
Under Article 56 of the Law on Medical Examination and Treatment 2023on revocation of operating licenses of medical establishments:
Revocation of operating licenses of medical establishments
1. An operating license may be revoked in the following cases:
a) The application package for award of that operating license is invalid;
b) There is any fraudulent document enclosed in the application package;
c) The operating license is awarded ultra vires;
d) There is any technical error in information printed on that operating license;
dd) The license holder’s form of organization or scope of professional activities shown on that operating license is incorrect;
e) Within 24 months after receipt of that operating license, the medical establishment has not been put into operation yet;
g) The medical establishment holding that operating license is temporarily closed for at least 24 consecutive months, or closed down;
h) The medical establishment holding that operating license subject to the decision on suspension of part of its operation fails to fulfill remedial obligations as described in such decision by the last day of the suspension duration;
i) The medical establishment holding that operating license fails to maintain strict compliance with the conditions specified in Article 49 or clause 2 of Article 52 herein;
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According to the above regulations, if within 24 months after receipt of that operating license, the medical establishment has not been put into operation yet, its license will be revoked.
What is the period of failing to put a medical establishment into operation subject to the revocation of the operating license in Vietnam? (Image from the Internet)
What are the contents of the decision on revocation of the operating license of a medical establishment in Vietnam?
Pursuant to Clause 2, Article 78 of Decree 96/2023/ND-CP on procedures for revocation of operating licenses and suspension of operation of medical establishments:
Article 78. Procedures for revocation of operating licenses and suspension of operation of medical establishments
[..]
2. Revocation of an operating license:
a) Within 05 working days from the day on which by the Expert Council as defined in Article 101 of the Law on Medical Examination and Treatment or a competent authority draws their conclusion or inspection record asserting that the medical establishment has committed a violation to an extent that its operating license is revoked as prescribed in clause 1 Article 56 of the Law on Medical Examination and Treatment, or the medical establishment applies for revocation at its discretion, the authority that has issued operating license to the medical establishment shall issue a decision to revoke operating license of that medical establishment.
b) A revocation decision shall, inter alia, include:
- Name of the medical establishment;
- Reasons for revocation of operating license;
- Post-revocation actions and legal liabilities.
c) Within 03 working days from the issue date of the revocation decision, the licensing authority shall publish information on the revocation on its web portal or website.
Thus, the decision on revocation of the operating license of a medical establishment in Vietnam includes the following contents:
- Name of the medical establishment;
- Reasons for revocation of operating license;
- Post-revocation actions and legal liabilities.
What are the forms of organization of medical establishments in Vietnam?
Pursuant to Article 48 of the Law on Medical Examination and Treatment 2023, medical establishments can be organized in the following forms:
- Hospitals;
- Sick houses under People’s armed forces;
- Maternity wards;
- Clinics;
- Traditional medicine clinics;
- Subclinical service centers;
- Health stations;
- Out-of-hospital emergency care facilities;
- Family medicine centers;
- Other forms of organization of medical establishments regulated by the Government.
Note: Where medical assessment centers, forensic examination establishments, forensic mental health facilities, medical centers or institutes with hospital beds, medical agencies, units, organizations or facilities having different names provide healthcare services, they shall be required to apply for operating licenses according to licensing procedures pertinent to respective forms of organization of medical establishments specified above.
