Procedures for revoking license to practice medicine in Vietnam

Procedures for revoking license to practice medicine in Vietnam (Internet image) 

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

The procedures for revoking license to practice medicine (hereinafter referred to as practicing license) are regulated in Decision 1388/QD-BQP in 2024 as follows:

1. Application for revoking license to practice medicine in Vietnam

- Case 1: For cases specified in points a, b, c, and d of clause 1 of Article 35 of the Law on Medical Examination and Treatment 2023: Written notification from the unit or individual when discovering practitioners falling into cases subject to revocation of the license;

- Case 2: For cases specified in point dd of clause 1 of Article 35 of the Law on Medical Examination and Treatment 2023: written notification or statement from the competent authority regarding the practitioner falling into cases prohibited from practicing medicine according to the provisions of clauses 1, 2, 3, 4, and 6 of Article 20 of the Law on Medical Examination and Treatment 2023.

- Case 3: For the case specified in point e, point g, Clause 1, Article 35 of the Law on Medical Examination and Treatment 2023, by the professional council of the medical facility self-established according to Point a Clause 4 Article 101 of the Law on Medical Examination and Treatment 2023

+ Conclusion of the Chairman of the Professional Council sent to the medical examination and treatment facility;

+ Document from the subordinate unit of the Ministry of National Defense reporting to the health management agency, which must clearly state the reasons for requesting the revocation of the license.

- Case 4: For the case specified in point e, point g, Clause 1, Article 35 of the Law on Medical Examination and Treatment 2023, by the professional council of the state healthcare management agency with authority over healthcare facilities established according to the regulations in point b, Clause 4, Article 101 of the Law on Medical Examination and Treatment 2023: Conclusion of the Chairman of the Professional Council sent to the health management agency, which must clearly state the reasons for requesting the revocation of the license.

- Case 5: For cases specified in point h of clause 1 of Article 35 of the Law on Medical Examination and Treatment 2023: Conclusion of the professional practitioner for the second time within the validity period of the license with violations of professional ethics to the extent that they need to be suspended from practicing by the competent authority.

- Case 6: For cases specified in point i of clause 1 of Article 35 of the Law on Medical Examination and Treatment 2023, including:

+ Application form;

+ Practicing.

2. Procedures for revoking the license to practice medicine in Vietnam

(1) For cases specified in points a, b, c, and d of clause 1 of Article 35 of the Law on Medical Examination and Treatment 2023:

Step 1: The agency, unit, or individual that discovers a practitioner falling into cases subject to revocation of the license must notify the health management agency;

Step 2: The health management agency is responsible for verifying the documents, records, and information provided by the agency, unit, or individual, and reporting to the competent authority for decision-making;

Step 3: Decision to revoke the license according to Form 02a in Appendix V attached to Decree 16/2024/ND-CP.

(2) For cases specified in point đ of clause 1 of Article 35 of the Law on Medical Examination and Treatment 2023:

The Ministry of National Defense issues a decision to revoke the license of the practitioner within a period of 05 working days, starting from the receipt of the notification or statement from the competent authority regarding the practitioner falling into cases prohibited from practicing according to the provisions of clauses 1, 2, 3, 4, and 6 of Article 20 of the Law on Medical Examination and Treatment 2023.

(3) For the case specified in point e, point g, Clause 1, Article 35 of the Law on Medical Examination and Treatment 2023, by the professional council of the medical facility self-established according to Point a Clause 4 Article 101 of the Law on Medical Examination and Treatment 2023

Step 1: Within 5 working days from the date of conclusion, the Chairman of the professional council is responsible for signing and sending a document to the medical facility.

Step 2: Within 5 working days from the date of receiving the document from the Chairman of the professional council, the medical facility is responsible for reporting directly to the higher-level military medical department by providing a written explanation for the request to revoke the practicing license.

Step 3: Within 5 working days from the date of receiving the document from the medical facility, the military unit responsible for medical management reports in writing to the relevant healthcare management agency.

Step 4: Within 5 working days from the date of receiving the document, the healthcare management agency reports to the Ministry of National Defense to issue a decision to revoke the practicing license.

Step 5: Within 5 working days from the date of receiving the report from the healthcare management agency, the Ministry of National Defense issues a decision to revoke the practicing license. The content of the decision must be based on the conclusions of the professional council.

(4) For the case specified in point e, point g, Clause 1, Article 35 of the Law on Medical Examination and Treatment 2023, by the professional council of the state healthcare management agency with authority over healthcare facilities established according to the regulations in point b, Clause 4, Article 101 of the Law on Medical Examination and Treatment 2023.

Step 1: Within 5 working days from the date of conclusion, the Chairman of the professional council is responsible for signing and sending a document to the healthcare management agency, including a clear explanation for the request to revoke the practicing license.

If the professional council is established by the Ministry of Health, the Chairman of the professional council signs a document to report to the Ministry of Health to issue a decision to revoke the practicing license and notifies the healthcare management agency.

Step 2: Within 5 working days from the date of receiving the document from the Chairman of the professional council as specified in point a of this Clause, the healthcare management agency is responsible for reporting to the Ministry of National Defense to issue a decision to revoke the practicing license.

Step 3: Within 5 working days from the date of receiving the report from the healthcare management agency, the Ministry of National Defense issues a decision to revoke the practicing license. The content of the decision must be based on the conclusions of the practicing council.

(5) For the case specified in point h, Clause 1, Article 35 of the Law on Medical Examination and Treatment 2023:

Step 1: Within 5 working days from the date of receiving the document stating the second violation of professional ethics within the specified period of the practicing license that leads to the suspension of professional activities by the competent authority, the healthcare management agency is responsible for reporting to the Ministry of National Defense to issue a decision to revoke the practicing license.

Step 2: Within 5 working days from the date of receiving the report from the healthcare management agency, the Ministry of National Defense issues a decision to revoke the practicing license. The content of the decision must be based on the conclusions of the professional council.

(6) For the case specified in point i, Clause 1, Article 35 of the Law on Medical Examination and Treatment 2023:

The healthcare management agency is responsible for receiving the request and practicing license issued by the individual provider; issuing a decision to revoke the practicing license, and issuing a confirmation document that the licensing authority of the people's armed forces has issued the practicing license, including the license number, date of issuance, place of issuance, personal information, professional title, and scope of practice.

(7) Within 10 days from the date of issuing the decision to revoke, the healthcare management agency is responsible for:

Step 1: Sending the decision to the practitioner and the medical facility responsible for managing the practitioner.

Step 2: Cancelling the professional registration of the practitioner on the healthcare activity management system.

Step 3: Notifying the medical facilities of the Ministry of National Defense about the decision to revoke the practicing license of the practitioner.

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