Support for establishing a cosmetic clinic in Hanoi City

Question:

We are seeking a professional law firm to assist in establishing a specialized aesthetic clinic in Hanoi.

Answer:

Based on the information provided by the Client, we acknowledge that the Client intends to engage in spa services (including injection and invasive procedures), neck and shoulder massage, and vocational training.

Pursuant to Clause 4, Article 10 of Decree No. 155/2018/ND-CP, which supplements Article 23a of Decree No. 109/2016/ND-CP, regarding the issuance of practicing certificates for practitioners and operation licenses for medical examination and treatment establishments, it is stipulated as follows:

"Aesthetic services involving the use of drugs, substances, or equipment to interfere with the human body (surgical procedures, interventions with injections, infusions, irradiation, waves, cauterization, or other invasive interventions) that alter the color of the skin, shape, weight, or defects of body parts (such as skin, nose, eyes, lips, face, chest, abdomen, buttocks, and other body parts), tattooing, microblading, and embroidery on the skin using injectable anesthetics may only be performed at hospitals with an aesthetic specialty, specialized aesthetic clinics, or medical examination and treatment establishments authorized for aesthetic specialization, as approved by the competent authority.”

Therefore, if the Client intends to engage in spa services (including injection and invasive procedures) and neck and shoulder massage, the Client must establish a specialized aesthetic clinic, obtain a Certificate of Satisfaction of Security and Order Conditions, and update the business registration certificate accordingly.

1. Establishment of a Specialized Aesthetic Clinic

A specialized clinic is one of the organizational forms of a medical examination and treatment establishment as stipulated by the Law on Medical Examination and Treatment. According to Article 42 of the Law on Medical Examination and Treatment, to obtain an operation license for a specialized clinic, the Client must meet the following requirements:

1.1 Facilities

1. a) A fixed location.
2. b) Compliance with fire prevention and firefighting regulations.
3. c) A designated sterilization area for processing reusable medical instruments unless no such instruments are used, or a contract is in place with another medical facility for sterilization.
4. d) A reception area and a minor surgery room (if performing minor surgeries). The minimum area requirements for rooms in the specialized clinic are as follows:

- The inpatient room must have a minimum area of 15 m² and at least 2 inpatient beds; if there are 3 or more beds, the area must be at least 5 m² per bed.  

- Each specialized examination room and minor surgery room must have a minimum area of 10 m².  

1. e) Adequate electricity, water supply, and other necessary conditions for patient care.  
2. f) If the clinic generates hazardous medical waste, it must have a wastewater treatment system in compliance with regulations.  

1.2 Medical Equipment

1. a) Sufficient medical equipment and instruments appropriate for the registered scope of medical practice.  
2. b) A shock emergency kit and adequate specialized emergency medicines.  

1.3 Personnel 

The person responsible for professional and technical expertise at the specialized clinic must meet the following conditions:  

- Be a licensed medical doctor in the registered specialty.  

- Have at least 36 months of medical practice experience after obtaining the practicing certificate, or at least 54 months of direct participation in medical examination and treatment.  

- The assignment and appointment of the person responsible for the professional and technical expertise of the clinic must be documented in writing.  

2. Application for a Certificate of Satisfaction of Security and Order Conditions

Pursuant to Clause 5, Article 3 of Decree No. 96/2016/ND-CP, which regulates conditional business sectors regarding security and order, the regulation covers massage service businesses, including: "The use of physiotherapy methods for massage and acupressure to serve human health." Therefore, if the company wishes to add massage services to its business activities, it must comply with the security and order conditions and management regulations as stipulated by law.  

3. Updating Business Registration Certificate

Currently, the company’s registered business lines do not include specialized aesthetic clinics, spa services, neck and shoulder massage, or vocational training. Therefore, the company must undertake procedures to update and expand its business scope to ensure compliance with its intended operations.  

This legal consultation outlines the fundamental requirements for establishing a specialized aesthetic clinic and ensuring compliance with regulatory conditions in Vietnam. Should you require further assistance, please feel free to contact us.