Is there a Decree guiding the Law on Medical Examination and Treatment in Vietnam?

Is there a Decree guiding the Law on Medical Examination and Treatment in Vietnam?

On December 30, 2023, the Government issued Decree 96/2023/ND-CP guiding the Law on Medical Examination and Treatment 2023, effective from January 1, 2024.

The scope of regulation of Decree 96/2023/ND-CP is:

- Issue licenses to practice medical examination and treatment;

- Issue licenses for medical examination and treatment activities;

- Apply new techniques, new methods and clinical trials in medical examination and treatment;

- Manage medical equipment at medical examination and treatment facilities;

- Mobilize and mobilize medical examination and treatment facilities to participate in medical examination and treatment activities in case of natural disasters, disasters, group A infectious diseases and emergencies;

- Conditions to ensure medical examination and treatment activities;

- Guidance on regulations on implementation roadmap; Transitional regulations related to professional licenses and operating licenses.

However, Decree 96/2023/ND-CP does not apply to a number of activities related to practitioners and medical examination and treatment facilities belonging to the people's armed forces, including:

- Practice and guidance on medical examination and treatment practice, new issuance, re-issuance, extension, adjustment, suspension, and revocation of practice licenses for practitioners;

- Cases, conditions, documents, procedures for new issuance, re-issuance, adjustment, suspension, revocation of operating licenses for medical examination and treatment facilities and sample operating licenses of medical examination and treatment facilities;

- Quality assessment and certification for medical examination and treatment facilities;

- Technical and professional leveling for medical examination and treatment facilities.

Is there a Decree guiding the Law on Medical Examination and Treatment in Vietnam? (Image from the Internet)

What is reduction in practice time for licensing for doctors from 2024?

According to Article 3 of Decree 96/2023/ND-CP regulating the time and content of practice for granting practice licenses to positions in medical examination and treatment facilities from January 1, 2024 as follows:

Time and content of practice for issuance of license to practice medical examination and treatment

1. The medical examination and treatment practice period for the title of doctor is 12 months, of which:

a) The period of medical examination and treatment practice is 09 months;

b) The duration of professional practice in medical examination and treatment in emergency resuscitation is 03 months.

2. The medical examination and treatment practice period for the title of physician is 9 months, of which:

a) The duration of medical examination and treatment practice is 06 months;

b) The duration of professional practice in medical examination and treatment in emergency resuscitation is 03 months.

...

Clause 1, Article 24 of the Law on Medical Examination and Treatment 2009 stipulates assessment of qualification for practice of medicine (hereinafter referred to as qualification test) as follows:

Assessment of qualification for practice of medicine (hereinafter referred to as qualification test)

1. Before obtaining a medical practice certificate, holders of professional diplomas in health granted or recognized in Vietnam must practice at the following medical examination and treatment establishments for:

a/ 18 months at hospitals or research institutes with patient beds (below referred to as hospitals), for medical doctors:

b/ 12 months at hospitals, for assistant doctors:

c/ 9 months at hospitals with obstetrics wards or obstetrics clinics, for midwives:

d/ 9 months at medical examination and treatment establishments, for nurses and technicians.

...

According to this Article, the practice time to issue a practicing certificate for the title of doctor from January 1, 2024 is 12 months, while according to the provisions of the 2009 Law on Medical Examination and Treatment, the practice time is 18 months.

Thus, the practice time for a doctor's license to practice has been reduced from 18 months to 12 months in Vietnam.

Reserving medical examination and treatment results from 2024?

According to Article 4 of Decree 96/2023/ND-CP regulating reservation of medical examination and treatment practice results for professional positions as follows:

Reservation of medical examination and treatment practice results for professional titles

1. The practice instruction facility is responsible for ensuring that practitioners can work according to the facility's working regime. During practice due to health reasons or force majeure, the practitioner is allowed to suspend practice for a maximum period of 12 months and retain previous practice results.

2. Reservation of practice results is carried out as follows:

a) The practitioner submits a written request to reserve the practice results and encloses documents proving the reason for the reservation;

b) Based on the request of the practitioner, the head of the medical examination and treatment facility shall consider and decide on the reservation. In case of disagreement with the reservation, the head of the medical examination and treatment facility must respond in writing, clearly stating the reason;

c) Within 30 days after the end of the reservation period, if the practitioner does not have a written request to continue practicing or request to extend the reservation period, the reservation result will no longer be valid. The duration of reservations shall not exceed 12 months.

According to this Article, from 2024, the clinical practice results of positions in medical examination and treatment facilities will be suspended for a maximum of 12 months and the previous practice results will be preserved in Vietnam.

However, practitioners can only temporarily suspend practice and reserve practice results due to health reasons or force majeure cases in Vietnam.

Best regards!