What are the conditions for practice of medicine under the People's armed forces in Vietnam? – Phuong Trinh (Binh Dinh)
Conditions for practice of medicine under the People's armed forces in Vietnam (Internet image)
Regarding this issue, LawNet would like to answer as follows:
Practitioners of medical examination and treatment facilities belonging to the People's armed forces are only allowed to practice when they meet all the conditions specified in Article 19 of the Law on Medical Examination and Treatment 2023, specifically:
(1) Individuals are allowed to practice medicine in Vietnam when they meet the following conditions:
- Having a valid practice license;
- Having registered to practice, except for the cases specified in Clause 3, Article 36 of the Law on Medical Examination and Treatment 2023;
- Meeting requirements on language use in medical examination and treatment specified in Article 21 of the Law on Medical Examination and Treatment 2023;
- Meeting the requirements on health to practice medicine according to the regulations of the Minister of Health;
- Not falling into the cases specified in Article 20 of the Law on Medical Examination and Treatment 2023.
+ Being prosecuted for criminal liability for violations of the law related to technical expertise.
+ Currently serving a suspended sentence or non-custodial reform sentence for violations of the law related to technical expertise.
+ Being on probation for people sentenced to imprisonment related to technical expertise but released from prison before the term with conditions.
+ Currently, serving a prison sentence or are being subjected to administrative measures such as being sent to a compulsory education facility or a mandatory detoxification facility.
+ Being banned from practicing medicine according to a legally effective criminal judgment of a court or restricted from performing medical examinations and treatment activities according to a decision of a competent authority.
+ Loss of civil act capacity or difficulty in cognition, behavior control, or limited civil act capacity.
(2) Individuals are entitled to medical examination and treatment without meeting the conditions specified in Points a, b, and c of Clause 1 of Article 15 of Decree 16/2024/ND-CP in the following cases:
- Trainees, students, students studying at training establishments in the health sector, people who are practicing medical examination and treatment to obtain a License to practice medicine, people who are waiting for a License to practice medicine and can only perform medical examination and treatment under the supervision of practitioners;
- Village health workers, village midwives, or health workers working at health agencies, units, or organizations that do not establish medical examination and treatment facilities are only allowed to examine and treat diseases. within the scope of operations and after completing the training program according to the professional content and operations prescribed by the Minister of Health;
- Subjects specified in Clause 1, Article 115 of the Law on Medical Examination and Treatment 2023;
- Other subjects participate in the medical examination and treatment process according to Government regulations.
(3) 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 the provision of training courses on medicine involving medical internships, or transfer professional techniques in medicine under the provisions of this Law without the encumbrance of the conditions specified in points a and b of clause 1 of this Article without having to meet the conditions specified in points a and b, Clause 1, Article 19 of the Law on Medical Examination and Treatment 2023.
(4) People participating in community first aid who are not out-of-hospital emergency responders do not have to meet the conditions specified in (1).
(Clause 1 of Article 15 of Decree 16/2024/ND-CP)
Principles for registration of practice comply with the provisions of Article 36 of the Law on Medical Examination and Treatment 2023 and the following regulations:
- A practitioner can only be the person in charge of the technical expertise of a medical examination and treatment facility belonging to the People's armed forces;
- A practitioner can only specialize in one department of a medical examination and treatment facility; Must not be in charge of two or more departments at the same time in the same medical examination and treatment facility or at the same time be in charge of the department of another medical examination and treatment facility belonging to the People's armed forces;
- Practitioners responsible for the technical expertise of a medical examination and treatment facility belonging to the People's Armed Forces can concurrently be in charge of a department in the same medical examination and treatment facility and must be consistent with the scope of practice in the issued practice license;
- Practitioners at a medical examination and treatment facility belonging to the People's armed forces are registered to practice after-hours and be the person in charge of technical expertise at an after-hours medical examination and treatment facility not belonging to the People's armed forces;
- Practitioners are registered to practice at one or more medical examination and treatment facilities that are not part of the People's armed forces, but must not overlap medical examination and treatment time between medical examination and treatment establishments and ensure reasonable travel time between registered practice locations;
- Practitioners at medical examination and treatment facilities belonging to the People's armed forces are not registered as the head of a private hospital or medical examination and treatment facility established and operating under the Enterprise Law and the Cooperative Law.
(Clause 2 of Article 15 of Decree 16/2024/ND-CP)
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