06 Cases banned from professional practice of medical examination and treatment in Vietnam

06 Cases banned from professional practice of medical examination and treatment in Vietnam (Internet image)

This is the content of the Law on Medical Examination and Treatment 2023 approved by the XV National Assembly of Vietnam at the second unscheduled meeting on January 9, 2023.

1. Cases banned from professional practice of medical examination and treatment in Vietnam

06 cases of being banned from practicing medical examination and treatment prescribed in Article 20 of the Law on Medical Examination and Treatment 2023, including the following subjects:

- Being examined for penal liability for violations of the law related to technical expertise.

- Being in the period of serving a suspended sentence or sentence of non-custodial reform for violations of the law related to professional and technical matters.

- Being under probation for persons sentenced to prison terms related to technical expertise but released from prison ahead of time with conditions.

- Being in the period of serving a prison sentence or being applied the administrative handling measure of sending to a compulsory education institution or compulsory detoxification establishment.

- Being banned from practicing medical examination and treatment under a legally effective criminal judgment of a court or restricted from performing medical examination and treatment activities under a decision of a competent authority.

- Loss of civil act capacity or difficulty in awareness, behavior control or limitation of civil act capacity.

(Currently, Clause 4, Article 18 of the Law on Medical Examination and Treatment 2009 stipulates more cases of being disciplined in the form of warning or higher related to medical examination and treatment expertise.)

2. Conditions for individuals to be allowed to provide medical examination and treatment from January 1, 2024 in Vietnam

According to Article 19 of the Law on Medical Examination and Treatment 2023, individuals are allowed to practice medical examination and treatment in Vietnam when fully satisfying the following conditions:

- Having a valid practicing license;

- Having registered to practice, except for the case specified in Clause 3, Article 36 of the Law on Medical Examination and Treatment 2023;

- Satisfying the requirements on using language in medical examination and treatment specified in Article 21 of the Law on Medical Examination and Treatment 2023;

- Being healthy enough to practice as prescribed by the Minister of Health;

- Not falling into the case of being banned from practicing medical examination and treatment as prescribed in Article 20 of the Law on Medical Examination and Treatment 2023.

3. Subjects receiving medical examination and treatment without having to meet the conditions in Vietnam

Clause 2, Article 19 of the Law on Medical Examination and Treatment 2023 stipulates that individuals are entitled to medical examination and treatment without satisfying the conditions specified at Points a, b and c, Clause 1, Article 19 of the Law on Medical Examination and Treatment 2023 in the following years: the following cases:

- Students, students, students studying at a training institution in the health sector, who are in the process of practicing medical examination and treatment to obtain a practice license; persons who are awaiting the issuance of a practice license and are only entitled to medical examination and treatment under the supervision of the practitioner;

- Village health workers, village midwives, or health workers working at health agencies, units, or organizations without establishing medical examination and treatment establishments may only provide medical examination and treatment. within the scope of activities and after completing the training program according to the professional contents prescribed by the Minister of Health;

- Subjects specified in Clause 1, Article 115 of the Law on Medical Examination and Treatment 2023;

- Other subjects participating in the medical examination and treatment process according to the Government's regulations.

Note:

- Foreigners and Vietnamese residing abroad who already have a practicing license issued by the agency; a competent foreign organization may grant humanitarian medical examination and treatment in batches, cooperate in medical training with the practice of medical examination and treatment, or transfer professional techniques in medical examination and treatment according to the provisions of the Law on Medical Examination and Treatment 2023 without meeting the conditions specified at Points a and b, Clause 1, Article 19 of the Law on Medical Examination and Treatment 2023.

- Persons participating in emergency care in the community who are not outpatients are not required to meet the conditions specified in Clause 1, Article 19 of the Law on Medical Examination and Treatment 2023.

The Law on Medical Examination and Treatment 2023 takes effect from January 1, 2024, and replaces the Law on Medical Examination and Treatment 2009; except for the condition on using language in medical examination and treatment in Section 2 above, effective from January 1, 2032.

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