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

Medical practitioners subject to prohibition of the practice of medicine in Vietnam (Internet image)

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

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

Medical practitioners subject to prohibition of the practice of medicine in Vietnam according to Article 20 of the Law on Medical Examination and Treatment 2023 are 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.

2. Regulations on use of languages in the practice of medicine in Vietnam

Regulations on use of languages in the practice of medicine in Vietnam according to Article 21 of the Law on Medical Examination and Treatment 2023 are as follows:

- The language used in the delivery of healthcare is Vietnamese, except as defined in clause 2 of Article 21 of the Law on Medical Examination and Treatment 2023.

- Any medical practitioner who is a foreigner or overseas Vietnamese (hereinafter referred to as foreign practitioner) may use other languages rather than Vietnamese to provide medical care to patients if:

+ these patients and their practitioners use the same language; these patients are proficient in the languages that medical practitioners have registered for use in their practice of medicine;

+ these patients are foreigners and are not covered in point a of clause 2 of Article 21 of the Law on Medical Examination and Treatment 2023;

+ the humanitarian outreach healthcare campaign organized at intervals; the transfer of professional and technical expertise in healthcare takes place under the cooperation agreement between a medical establishment of Vietnam and a foreign medical establishment.

- The usage of language prescribed in clause 2 of Article 21 of the Law on Medical Examination and Treatment 2023 shall conform to the following regulations:

+ When providing medical care as defined in point b and c of clause 2 of Article 21 of the Law on Medical Examination and Treatment 2023, a language interpreter shall be required;

+ Information required for the delivery of healthcare shall be given in the language that the foreign medical practitioner has registered for usage, and be translated into Vietnamese.

3. Principles of provision of medical services in Vietnam

Principles of provision of medical services according to Article 3 of the Law on Medical Examination and Treatment 2023 are as follows:

- Respect, protect, and treat patients equally, and stop stigma or discrimination towards patients.

- Give priority to have access to medical services to patients in a state of emergency; children aged under 6 years; pregnant women; people with extremely severe disabilities; people with severe disabilities; people aged 75 years or older; people rendering meritorious services to the revolution, depending on the particular characteristics of each medical establishment.

- Respect, cooperate with and protect practitioners and other persons on duty at medical establishments.

- Promptly implement and comply with regulations on professional and technical expertise in healthcare.

- Comply with the code of professional ethics in the practice of medicine approved by the Minister of Health.

- Ensure equality and fairness among medical establishments.

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