How much is fine for providing medical examination and treatment without obtaining a practicing certificate in Vietnam?
How much is fine for providing medical examination and treatment without obtaining a practicing certificate in Vietnam?
My name is Quy and I am 30 years old. My friend is a medical student about to graduate, I want to ask if my friend will be penalized for practicing without obtaining his practicing certificate?
How much is fine for providing medical examination and treatment without obtaining a practicing certificate in Vietnam?
Pursuant to Clause 7, Article 38 of Decree 117/2020/ND-CP stipulating 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:
a) Providing medical examination and treatment without obtaining a practicing certificate;
b) Providing medical examination and treatment while the practicing certificate is suspended or revoked;
c) Providing medical examination and treatment beyond the practicing scope specified in the practicing certificate, except emergency cases and provision of additional medical procedures which have been permitted as prescribed by law;
d) Using a rented or borrowed medical examination and treatment practicing certificate;
dd) Renting or lending a medical examination and treatment practicing certificate;
e) Failing to provide first aids, emergency treatment or medical treatment to patients in a timely manner;
g) Refusing to provide medical examination and treatment for patients, except cases of refusal prescribed by law.
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 revocation of medical examination and treatment practicing certificate in case of commission of the violation in Point d or dd Clause 7 of this Article.
Thus, according to current regulations in Vietnam, compared with the case you mentioned, your friend may be administratively handled with a fine of from VND 30.000.000 to VND 40.000.000 for individuals, the level of fines imposed on organizations are equal to 2 times the fine levels imposed on individuals (Clause 5, Article 4 of Decree 117).
In addition, the illegal profits obtained from performing the above medical examination may be returned.
Best Regards!
