Is it permissible to lend medical practice certificate? In Vietnam, is it obligatory to submit household registration book when obtaining medical practice certificate?

Nội dung chính

• In Vietnam, is it permissible to lend medical practice certificate? 
• Will nurse’s medical practice certificate be revoked if practitioners fail to practice for 3 consecutive years?
• Is it obligatory to submit household registration book when obtaining medical practice certificate?

In Vietnam, is it permissible to lend medical practice certificate? 

My friend intends to borrow my medical practice treatment. Is it permissible for me to lend it to my friend? If I do so, will I be fined? 

Answer:

Pursuant to Clause 4, Article 6 of the Law on Medical Examination and Treatment in 2009, which stipulates that hiring, borrowing, leasing or lending medical practice certificates or operation licenses are all prohibited.

As regulations above, you are not allowed to lend medical practice certificate to your friend. If you do so, you will be fined as follows: 

Pursuant to Point dd, Clause 7 and Point d, Clause 8, Article 38 of the Decree 117/2020/NĐ-CP stipulating as follows: 

- A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for hiring, borrowing, leasing or lending medical practice certificates or operation licenses.

- The medical examination and treatment practicing certificate shall be revoked for a fixed period of 22 - 24 months for hiring, borrowing, leasing or lending medical practice certificates or operation licenses.

Will nurse’s medical practice certificate be revoked if practitioners fail to practice for 3 consecutive years?

I have got nurse’s medical practice certificate. However, I haven’t been working for 3 consecutive years. Is my certificate revoked now?

I applied to work at a hospital. However, I failed to get that job. Is it correct that if I haven’t been working anywhere for 2 consecutive years, my certificate will be revoked?

Answer:

Pursuant to Clause 4, Article 29 of the Law on Medical Examination and Treatment in 2009 stipulating that medical practice certificate shall be revoked when: 

- It is granted ultra vires;

- It contains contents contrary to law:

- The practitioner fails to practice for 2 consecutive years;

- The practitioner is confirmed to have committed professional and technical mistakes causing serious consequences to the health or life of patients;

- The practitioner fails to update medical knowledge for 2 consecutive years;

- The practitioner fails to meet health requirements for professional practice:

- The practitioner falls into any of the cases specified in Clause 4. Article 18 of this Law.

As regulations above, you haven’t been working for 3 consecutive years so your nurse’s medical practice certificate shall be revoked. 

After recognizing that you haven’t been working for 3 years, Minister of Health, Minister of National Defense or Director of Health Department shall revoke your certificate as prescribed in Article 26 of the Law on Medical Examination and Treatment in 2009.

Is it obligatory to submit household registration book when obtaining medical practice certificate?

I’m in household registration book in Bing Duong. Currently, I’m working at Saigon General Hospital in Ho Chi Minh City. If I want to obtain medical practice certificate at Ho Chi Minh City Health Department, do I need household registration book in Ho Chi Minh City? Thank you!

Answer:

Pursuant to Article 26 of the Law on Medical Examination and Treatment in 2009 stipulating on competence to grant, re-grant and revoke medical practice certificates: 

1. The Minister of Health shall grant, re-grant and revoke medical practice certificates for:

a) Those working at medical examination and treatment establishments under the Ministry of Health;

b) Those working at medical examination and treatment establishments under other ministries, except the cases specified in Clauses 2 and 3 of this Article:

c)  Foreigners practicing medical examination and treatment in Vietnam.

2. Directors of provincial-level Health Departments shall grant, re grant and evok medical practice certificates for those working at medical examination and treatment establishments in localities under their management, except the cases specified in Clauses 1 and 3 of this Article.

3. The Minister of National Defense shall provide the grant, re-grant and revocation of medical practice certificates for those working at medical examination and treatment establishment under his/her management.

As above regualtions, if you are working at Saigon General Hospital under competent of Ho Chi Minh City Health Department, your medical practice certificate will be granted by Director of Ho Chi Minh City Health Department. You don’t need household registration book in Ho Chi Minh City

You can refer to Article 26 of the Law on Medical Examination and Treatment in 2009 for detailed application. 

Best regards!