What are cases of suspension of practice of medicine of doctors in Vietnam?

What are cases of suspension of practice of medicine of doctors in Vietnam?

Pursuant to Clause 1 Article 34 of the Law on Medical Examination and Treatment in 2023 stipulating cases of suspension of practice of medicine of doctors in Vietnam as follows:

Suspension of practice of medicine

1. A medical practitioner shall be suspended from his/her practice of medicine if:

a) the Expert Panel defined in Article 101 herein establishes that he/she has committed an error related to his/her professional and technical expertise in healthcare to the extent of incurring the sanction of suspension of his/her practice of medicine due to the fact that such error does not cause him/her to deserve the more severe sanction of revocation or withdrawal of his/her practising license;

b) the competent authority establishes that he/she has committed a violation against professional ethics which is not so severe that the sanction of revocation or withdrawal of his/her practising license is imposed;

c) he/she is not healthy enough to practise medicine.

...

As regulations above, a medical practitioner shall be suspended from his/her practice of medicine if:

- the Expert Panel establishes that he/she has committed an error related to his/her professional and technical expertise in healthcare to the extent of incurring the sanction of suspension of his/her practice of medicine due to the fact that such error does not cause him/her to deserve the more severe sanction of revocation or withdrawal of his/her practising license;

- the competent authority establishes that he/she has committed a violation against professional ethics which is not so severe that the sanction of revocation or withdrawal of his/her practising license is imposed;

- he/she is not healthy enough to practise medicine.

What are cases of revocation or withdrawal of practising licenses of doctors in Vietnam?

Pursuant to Clause 1 Article 35 of the Law on Medical Examination and Treatment in 2023 stipulating cases of revocation or withdrawal of practising licenses of doctors in Vietnam as follows:

Revocation or withdrawal of practising licenses

1. A practising license shall be revoked if:

a) the application package for award of that practising license fails to meet regulations;

b) there is any fraudulent document enclosed in the application package for issuance of the practising license;

c) the professional title or the scope of practice printed in that practising license is different from those stated in the application package for issuance of the practising license;

d) the medical practitioner holding the practising license has not practiced medicine for 24 consecutive months, except when he/she takes a medical training course;

d) the medical practitioner is subject to prohibition of practice of medicine as defined in clause 1,2, 3, 4 and 6 of Article 20 herein;

e) the Expert Panel defined in Article 101 herein establishes that the medical practitioner holding that practising license has committed an error related to his/her professional and technical expertise in healthcare to the extent of incurring the sanction of revocation or withdrawal of his/her practising license;

g) the Expert Panel defined in Article 101 herein establishes that the medical practitioner holding that practising license has committed an error related to his/her professional and technical expertise in healthcare for the second time to the extent of incurring the sanction of suspension of his/her practice of medicine;

h) the competent state agency establishes that the medical practitioner holding that practising license has violated professional ethics to the extent of incurring the sanction of suspension of his/her practice of medicine within the validity period of that practising license;

i) that practising license is revoked or withdrawn at the request of the medical practitioner holding it;

k) other circumstances regulated by the Government after being presented to the National Assembly’s Standing Committee.

...

As regulations above, a practising license shall be revoked if:

1. the application package for award of that practising license fails to meet regulations;

2. there is any fraudulent document enclosed in the application package for issuance of the practising license;

3. the professional title or the scope of practice printed in that practising license is different from those stated in the application package for issuance of the practising license;

4. the medical practitioner holding the practising license has not practiced medicine for 24 consecutive months, except when he/she takes a medical training course;

5. the medical practitioner is subject to prohibition of practice of medicine as defined in clause 1,2, 3, 4 and 6 of Article 20 herein;

6. the Expert Panel defined in Article 101 herein establishes that the medical practitioner holding that practising license has committed an error related to his/her professional and technical expertise in healthcare to the extent of incurring the sanction of revocation or withdrawal of his/her practising license;

7. the Expert Panel defined in Article 101 herein establishes that the medical practitioner holding that practising license has committed an error related to his/her professional and technical expertise in healthcare for the second time to the extent of incurring the sanction of suspension of his/her practice of medicine;

8. the competent state agency establishes that the medical practitioner holding that practising license has violated professional ethics to the extent of incurring the sanction of suspension of his/her practice of medicine within the validity period of that practising license;

9. that practising license is revoked or withdrawn at the request of the medical practitioner holding it;

10. other circumstances regulated by the Government after being presented to the National Assembly’s Standing Committee.

What are regulations on medical practitioners subject to prohibition of the practice of medicine in Vietnam?

Pursuant to Article 20 of the Law on Medical Examination and Treatment in 2023 stipulating medical practitioners subject to prohibition of the practice of medicine in Vietnam as follows:

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

- 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.

- 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.

- 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.

- 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.

- 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.

Best regards!