In 2024: What are latest regulations on cases in which medical practitioners are subject to prohibition of the practice of medicine in Vietnam?

In 2024: What are latest regulations on cases in which medical practitioners are subject to prohibition of the practice of medicine in Vietnam?

Pursuant to Article 20 of the Law on Medical Examination and Treatment in 2023 (effective from 01/01/2024) stipulating cases in which medical practitioners are subject to prohibition of the practice of medicine in Vietnam as follows:

(1) Any medical practitioner who is criminally prosecuted for any offence involving their application of professional and technical expertise in healthcare.

(2) Any medical practitioner who is serving a suspended sentence or non-custodial correctional sentence for any offence involving their application of professional and technical expertise in healthcare.

(3) Any person or individual previously serving imprisoned for an offence involving their application of professional and technical expertise in healthcare, but released on conditional parole, who is being put on probation.

(4) Any medical practitioner who serves a prison sentence or is incurring an administrative penalty by being forced into a compulsory reform school or detoxification center.

(5) Any medical practitioner who is banned from practicing medicine under a criminal judgment of the court of legal effect, or is subject to a restriction on the practice of medicine pursuant to the decision of a competent authority.

(6) Any medical practitioner that loses his/her capacity to perform civil acts or has impaired cognition or difficulties in behavior control, or restricted capacity to perform his/her civil acts.

From 01/01/2024: What are prohibited acts in healthcare services in Vietnam?

Pursuant to Article 7 of the Law on Medical Examination and Treatment in 2023 (effective 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:

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

b) 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

a) does not hold any operating license;

b) is under suspension of its operations;

c) 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.

16. 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 languages other than Vietnamese can be used in the practice of medicine in Vietnam?

Pursuant to Article 21 of the Law on Medical Examination and Treatment in 2023 (effective from 01/01/2024) stipulating use of languages in the practice of medicine in Vietnam as follows:

Use of languages in the practice of medicine

1. The language used in the delivery of healthcare is Vietnamese, except as defined in clause 2 of this Article.

2. Any medical practitioner who is a foreigner or overseas Vietnamese (hereinafter referred to as foreign practitioner) may use other languages rather than Vietnamese to provide medical care to patients if:

a) these patients and their practitioners use the same language; these patients are proficient in the languages that medical practitioners have registered for use in their practice of medicine;

b) these patients are foreigners and are not covered in point a of this clause;

c) the humanitarian outreach healthcare campaign organized at intervals; the transfer of professional and technical expertise in healthcare takes place under the cooperation agreement between a medical establishment of Vietnam and a foreign medical establishment.

3. The usage of language prescribed in clause 2 of this Article shall conform to the following regulations:

a) When providing medical care as defined in point b and c of clause 2 of this Article, a language interpreter shall be required;

b) Information required for the delivery of healthcare shall be given in the language that the foreign medical practitioner has registered for usage, and be translated into Vietnamese.

4. The Government shall elaborate on this Article; shall impose regulations on qualification criteria of the language interpreter referred to in point a of clause 3 of this Article; on the usage of language in the distribution of healthcare services to ethnic minorities who are incapable of using Vietnamese; people with language disorder or impairment; foreign patients.

As regulations above, the language used in the delivery of healthcare is Vietnamese, except any medical practitioner who is a foreigner or overseas Vietnamese may use other languages rather than Vietnamese to provide medical care to patients if:

+) these patients and their practitioners use the same language; these patients are proficient in the languages that medical practitioners have registered for use in their practice of medicine;

+) these patients are foreigners and are not covered in point a of this clause;

+) the humanitarian outreach healthcare campaign organized at intervals; the transfer of professional and technical expertise in healthcare takes place under the cooperation agreement between a medical establishment of Vietnam and a foreign medical establishment.

Best regards!