On September 28, 2020, the Government of Vietnam issued Decree 117/2020/ND-CP prescribing penalties for administrative violations in medical sector and replacing Decree 176/ 2013/ND-CP.
Fine of up to VND 40 million for providing medical examination and treatment without medical practise certificate in Vietnam
Article 6 of the Law on Medical Examination and Treatment 2009 stipulates:
Article 6. Prohibited act
2. Providing medical examination and treatment without a medical practice certificate or during the time subject to suspension from professional practice; providing medical examination and treatment services without an operation license or during the time subject to suspension from operation.
According to point a, clause 7, Article 38 of Decree 117/2020/ND-CP, a fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for providing medical examination and treatment without obtaining a practicing certificate.
A fine ranging from VND 30.000.000 to VND 40.000.000 shall also be imposed for one of the following violations:
(1) Providing medical examination and treatment without obtaining a practicing certificate;
(2) Providing medical examination and treatment beyond the practicing scope specified in the practicing certificate, except emergency cases and provision of additional medical procedures which have been permitted as prescribed by the law in Vietnam;
(3) Using a rented or borrowed medical examination and treatment practicing certificate;
(4) Renting or lending a medical examination and treatment practicing certificate;
(5) Failing to provide first aids, emergency treatment or medical treatment to patients in a timely manner;
(6) Refusing to provide medical examination and treatment for patients, except cases of refusal prescribed by the law in Vietnam.
Additional penalties shall also be imposed on the above violations
- The medical examination and treatment practicing certificate shall be suspended for a fixed period of 06 - 09 months in case of commission of (5), (6) violations;
- The medical examination and treatment practicing certificate shall be suspended for a fixed period of 22 - 24 months in case of commission of (1), (2), (3), (4) violations.
Currently, the situation of widespread medical examination and treatment without a practicing certificate is alarming. We just need to surf social networks around us and we will see a lot of "medicine doctors" and "doctors" who treat all diseases, but no one can see the practice certificates of these physicians and doctors anywhere. Therefore, the state must strictly handle those who specialize in defrauding people, and people must be very alert to avoid losing money.
- Key word:
- Decree 117/2020/ND-CP of Vietnam