Question:
I am planning to open a traditional medicine clinic and am preparing the application for a license to operate. According to regulations, the chief physician of a healthcare facility must be a licensed practitioner. However, I currently only have a practice certificate issued on September 12, 2022. I am not sure whether this certificate is considered a license to practice. If not, what steps should I take to fulfill the requirements?
Answer:
According to Article 143 of Decree No. 96/2023/ND-CP, effective from January 1, 2024, practicing certificates issued under the Law on Medical Examination and Treatment No. 40/2009/QH12 will continue to be valid as practicing licenses until they are converted in accordance with regulations.
Therefore, Client’s the practicing certificate (issued on September 12, 2022) remains valid and is considered a practicing license, allowing Client to perform duties at the traditional medicine facility within the scope of practice approved by the competent authority.
However, Client should be aware that the conversion of the practicing certificate to a practicing license will occur during the renewal process. If Client wishes to convert it sooner, you will need to prepare the necessary dossiers and follow the new issuance procedure as outlined in Article 130 of Decree No. 96/2023/ND-CP, and also submit the originally issued practicing certificate.
1. Term of Validity of the Practicing Certificate
According to Article 143 of Decree No. 96/2023/ND-CP, the term of validity for the practicing certificate is outlined as follows:
- By 2030, all practicing certificates will have a validity period of 5 years.
- By 2035, the practicing certificate will expire.
- Upon expiration, if the practitioner wishes to continue practicing, they must complete the renewal procedure.
In the case of Client: The current practice certificate remains valid as a practicing license. Client only needs to complete the renewal procedure before the practicing certificate expires in 2035.
2. Dossiers for renewal practicing license
At the time of renew, the dossiers must be prepared in accordance with Article 134 of Decree No. 96/2023/ND-CP, including:
- An Application form (made using Form 08 in Appendix I enclosed with Decree).
- A legitimate copy of the issued practicing license (except in cases the practicing license has been shared or published on the healthcare management information system or national healthcare database).
- Documentary evidence that the applicant has continuously updated medical knowledge in accordance with the Minister of Health of Vietnam’s regulations.
- A health check report issued by a qualified health facility.
Note:
- The renewal dossiers must be submitted at least 60 days before their practicing license expires.
- In case of sickness, accident or a force majeure event occurring at the submission date, the applicant shall notify the licensing authority in order to extend the submission deadline, provided that dossiers for renewal of practicing license must be submitted within 22 months after it expires
Therefore, before the practicing license expires (at least 60 days prior), applicants must carry out the renewal procedure in accordance with the above guidelines.
3. Procedures for renewal of practicing license
Step 1: Prepare the dossiers as required.
Step 2: Submit the dossiers and renewal fee to the licensing authority (Department of medical service administration - Ministry of health or the Department of Health in the locality where the applicant practices).
Step 3: The licensing authority will review and process the application within 15 days prior to the expiration date of the practice license.
Step 4: If the application is valid, the licensing authority will grant the renewal of the practice license. If the application is rejected, the licensing authority will provide a written explanation specifying the reasons for rejection.
Step 5: If the expiration date is reached without any response from the licensing authority, the practice license will remain valid until an official decision is issued.
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