Conditions for an individual’s eligibility to practice medicine in Vietnam

Conditions for an individual’s eligibility to practice medicine in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Conditions for an individual’s eligibility to practice medicine in Vietnam

According to Article 19 of the Law on Medical Examination and Treatment 2023, conditions for an individual’s eligibility to practice medicine are as follows:

- Any individual shall be permitted to provide medical services in Vietnam when fully meeting the following requirements:

+ His/her certificate of practice of medicine remains valid;

+ He/she has obtained registration for practice of medicine, except as prescribed in clause 3 of Article 36 of the Law on Medical Examination and Treatment 2023;

+ He/she satisfies language proficiency requirements in healthcare as set out in Article 21 of the Law on Medical Examination and Treatment 2023;

+ He/she reaches health standards required by the Minister of Health;

+ He/she is not any of those covered in Article 20 of the Law on Medical Examination and Treatment 2023.

- Any individual may practice as a medical practitioner without being required to satisfy the conditions specified in point a, b and c of clause 1 of Article 19 of the Law on Medical Examination and Treatment 2023 when:

+ He/she is a learner or student studying at a health training institution; a person who is practising as a medical intern before being eligible for a practicing license; a person who is waiting for a practicing license to be conferred and only practice medicine under the supervision of a practitioner;

+ As a village health worker, village midwife or health worker working at a health care agency, unit or organization that is not incorporated as a medical establishment, he/she may only practice medicine within the range of assigned duties and after completing a training course in specialties or professional skills decided by the Minister of Health;

+ He/she is one of the subjects of application of clause 1 of Article 115 of the Law on Medical Examination and Treatment 2023;

+ He/she is someone else participating in the process of medical care as instructed by the Government.

- Any foreigner or overseas Vietnamese who has obtained a practicing license issued by a competent foreign agency or organization may organize humanitarian outreach healthcare campaigns at intervals, cooperate in provision of training courses on medicine involving medical internship, or transfer professional techniques in medicine under the provisions of the Law on Medical Examination and Treatment 2023, without the encumbrance of the conditions specified in point a and b of clause 1 of Article 19 of the Law on Medical Examination and Treatment 2023.

- Any person participating in a community-based medical emergency who is not an out-of-hospital paramedic shall not be required to satisfy the conditions specified in clause 1 of Article 19 of the Law on Medical Examination and Treatment 2023.

2.  Medical practitioners subject to prohibition of the practice of medicine in Vietnam

Specifically, Article 20 of the Law on Medical Examination and Treatment 2023 stipulates 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.

More details can be found in the Law on Medical Examination and Treatment 2023, taking effect on January 1, 2024, except for the cases specified in Clauses 3, 4, 5, 6, 7, 8 and 9, Article 120 of the Law on Medical Examination and Treatment 2023 replaces the Law on Medical Examination and Treatment 2009.

Ho Quoc Tuan

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