From 01/01/2024: What are regulations on authority to reissue medical practising licenses in Vietnam?

From 01/01/2024: What are regulations on authority to reissue medical practising licenses in Vietnam?

Pursuant to Article 28 of the Law on Medical Examination and Treatment in 2023 (effective from 01/01/2024) stipulating authority to reissue medical practising licenses in Vietnam as follows:

Authority to issue, reissue, renew, modify or revise practising licenses; suspend practice of medicine, revoke or withdraw practising licenses

1. Authority to issue, reissue, renew, modify or revise practising licenses shall be regulated as follows:

a) The Ministry of Health shall be accorded authority to issue, re-issue, renew, modify or revise practising licenses for the title of doctor, physician assistant, nurse, midwife, medical technician, clinical nutritionist, out-of-hospital paramedic or clinical psychologist if holders thereof are working for medical establishments under its jurisdiction;

b) The Ministry of National Defence shall be accorded authority to issue, re-issue, renew, modify or revise practising licenses for the title of doctor, physician assistant, nurse, midwife, medical technician, clinical nutritionist, out-of-hospital paramedic or clinical psychologist if holders thereof are working for medical establishments under its jurisdiction;

c) The Ministry of Public Security shall be accorded authority to issue, re-issue, renew, modify or revise practising licenses for the title of doctor, physician assistant, nurse, midwife, medical technician, clinical nutritionist, out-of-hospital paramedic or clinical psychologist if holders thereof are working for medical establishments under its jurisdiction;

d) Medical agencies under provincial People’s Committees shall be accorded authority to issue, re-issue, renew, modify or revise practising licenses for those titles specified in clause 1 of Article 26 herein, except as prescribed in point a, b and c of this clause.

2. Authority to suspend, withdraw or revoke practising licenses shall be regulated as follows:

a) The Ministry of Health shall be empowered to suspend medical practitioners working for medical establishments nationwide from their practice of medicine; revoke or withdraw practising licenses of medical practitioners working for medical establishments under its jurisdiction;

b) The Ministry of National Defence shall be empowered to enforce suspension of practice of medicine, revocation or withdrawal of practising licenses on medical practitioners working for medical establishments under its jurisdiction;

c) The Ministry of Public Security shall be empowered to enforce suspension of practice of medicine, revocation or withdrawal of practising licenses on medical practitioners working for medical establishments under its jurisdiction;

d) Medical agencies under provincial People’s Committees shall be empowered to suspend medical practitioners working for medical establishments falling within their remit from their practice of medicine; revoke or withdraw practising licenses of medical practitioners working for medical establishments under their jurisdiction.

As regulations above, from 01/01/2024, authority to reissue medical practising licenses in Vietnam are as follows:

+) The Ministry of Health shall be accorded authority to issue, re-issue, renew, modify or revise practising licenses for the title of doctor, physician assistant, nurse, midwife, medical technician, clinical nutritionist, out-of-hospital paramedic or clinical psychologist if holders thereof are working for medical establishments under its jurisdiction;

+) The Ministry of National Defence shall be accorded authority to issue, re-issue, renew, modify or revise practising licenses for the title of doctor, physician assistant, nurse, midwife, medical technician, clinical nutritionist, out-of-hospital paramedic or clinical psychologist if holders thereof are working for medical establishments under its jurisdiction;

+) The Ministry of Public Security shall be accorded authority to issue, re-issue, renew, modify or revise practising licenses for the title of doctor, physician assistant, nurse, midwife, medical technician, clinical nutritionist, out-of-hospital paramedic or clinical psychologist if holders thereof are working for medical establishments under its jurisdiction;

+) Medical agencies under provincial People’s Committees shall be accorded authority to issue, re-issue, renew, modify or revise practising licenses for those titles specified in clause 1 of Article 26 herein, except as prescribed cases in this Law.

What are conditions for re-issuance of medical practising licenses in Vietnam?

Pursuant to Clause 2 Article 31 of the Law on Medical Examination and Treatment in 2023 (effective from 01/01/2024) stipulating conditions for re-issuance of medical practising licenses in Vietnam as follows:

Re-issuance of practising licenses

1. A practising license may be re-issued if:

a) it is lost or damaged;

b) there is any change in the information specified in point a of clause 3 of Article 27 herein, or any error in the information specified in clause 3 of Article 27 herein;

c) the person whose practising license is revoked meets the Government’s regulations on re-issuance of practising licenses;

d) it is issued ultra vires;

dd) other circumstances specified in the Government’s regulations arise.

2. Conditions for re-issuance of a practising license shall be as follows:

a) The practising license already exists;

b) Conditions fitted to the content of the application for re-issuance are satisfied;

c) Any of the cases prescribed in Article 20 herein does not occur.

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As regulations above, conditions for re-issuance of medical practising licenses in Vietnam are:

+) The practising license already exists;

+) Conditions fitted to the content of the application for re-issuance are satisfied;

+) It is not one of prohibited acts in medical practising in Vietnam.

What are procedures for re-issuance of medical practising licenses in Vietnam?

Pursuant to Clause 3 Article 31 of the Law on Medical Examination and Treatment in 2023 (effective from 01/01/2024) stipulating procedures for re-issuance of medical practising licenses in Vietnam as follows:

Step 1: The applicant submits the application package to the competent licensing agency. The application includes:

+ Application form;

+ Documentary evidence of conformance to the conditions for re-issuance of medical practising licenses.

Step 2: The competent licensing agency is required to re-issue the requested practising license within 15 days of receipt of all required documents; in case of rejection, a written response, clearly stating reasons for such rejection, shall be sent to the applicant;

Step 3: Where it is necessary to verify documents of foreign origin enclosed in the application package, the duration of decision to re-issue a practising license shall be 15 days from the day on which verification results are available.

Best regards!