LEGAL CONSULTING SERVICES FOR ESTABLISHING A GENERAL MEDICAL ASSISTANT CLINIC 

With increasingly stringent healthcare regulations, a thorough understanding of the legal conditions for establishing a general medical assistant clinic will help investors and practitioners save time, minimize compliance risks, and ensure long-term operational stability. For this reason, the article below, provided by Huy Hoang Law Firm, sets out the requirements for establishing a general practitioner’s surgery.

LEGAL BASIS

– Vietnam’s Commitments Schedule under the World Trade Organization (WTO);
– Law on Medical Examination and Treatment of 2023;
– Decree No. 96/2023/ND-CP providing guidance on the implementation of the Law on Medical Examination and Treatment 2023;
– Circular No. 35/2019/TT-BYT of the Ministry of Health regulating the scope of professional activities applicable to medical practitioners engaged in medical examination and treatment;
– Circular No. 19/2021/TT-BLDTBXH promulgating the list of areas with extremely difficult socio-economic conditions as a basis for determining cases eligible for retirement at an earlier age than the statutory retirement age under normal working conditions.

CONDITIONS FOR ESTABLISHING A GENERAL MEDICAL ASSISTANT CLINIC

Conditions on Facilities and Infrastructure

• The establishment must have a fixed location that complies with applicable laws and regulations on structural safety, fire prevention and firefighting, infection control, environmental protection, and radiation safety (if any); and must ensure an adequate supply of electricity and water for medical examination and treatment activities;
• The establishment must have a signboard and must provide layout plans and directional signage to clinical departments, functional units, and administrative divisions;
• Such clinics may only be established in areas classified as having extremely difficult socio-economic conditions in accordance with regulations issued by the Minister of Labour, Invalids and Social Affairs.

Conditions on Medical Equipment

The clinic must be equipped with an anaphylactic emergency kit and sufficient specialized emergency medicines corresponding to the medical specialties within its approved scope of professional activities.

Conditions on Personnel

• The person in charge of professional and technical activities must be a licensed medical practitioner holding the professional title of medical assistant with a scope of practice in general medicine;
• The person in charge of professional and technical activities must work full-time at the establishment and have a scope of practice consistent with the professional activities of the clinic, with a minimum of 36 months of professional practice within such scope;
• In addition to the person in charge of professional and technical activities, any other individuals working at the establishment who perform medical examination and treatment must possess valid practicing certificates and may only carry out medical services within their assigned duties. Based on the approved scope of professional activities, diplomas, certificates, training certifications, and professional competence of each practitioner, the person in charge of professional and technical activities shall assign specific professional techniques to practitioners in writing.

Conditions Applicable to the Company

For a company to be eligible to establish a general medical assistant clinic, it must satisfy the following conditions:

• Business lines: The company must review its registered business lines to determine whether medical examination and treatment services, specifically a general medical assistant clinic, have been registered. If not, procedures for amendment and supplementation of business lines must be carried out in accordance with law.
• Clinic location: If the address of the general medical assistant clinic differs from the company’s head office address, the company must carry out procedures to establish a dependent business location at the clinic address.

Dossier for Establishing a General Medical Assistant Clinic (Fast, All-Inclusive Service)

To establish a general medical assistant clinic under a fast, all-inclusive service package, clients are required to prepare the following documents and provide them to Huy Hoang Law Firm for assistance in obtaining the operating license:

• Application for issuance of an operating license (drafted with support from Huy Hoang Law Firm);
• Declaration of facilities, medical equipment, and personnel (drafted with support from Huy Hoang Law Firm);
• List of practitioners registering for practice (drafted with support from Huy Hoang Law Firm);
• Proposed scope of professional activities (drafted with support from Huy Hoang Law Firm);
• Enterprise Registration Certificate (for companies) or Household Business Registration Certificate (for household businesses);
• Practicing certificates of the person in charge of professional and technical activities and other personnel working at the clinic;
• Certification of the professional practice process of the person in charge of professional and technical activities;
• Medical waste collection and treatment contract (completed with support from Huy Hoang Law Firm if not yet available);
• Contract for installation of the wastewater treatment system (completed with support from Huy Hoang Law Firm if not yet available).

Note: Under current regulations, when medical establishments submit an application for the first-time issuance of an operating license, they are also required to simultaneously submit a dossier for approval of the list of professional techniques. Such approval dossier includes:

• Application for approval of the list of professional techniques;
• Capacity profile;
• Minutes of the professional council meeting;
• List of professional techniques proposed for approval.

In addition, depending on the specific circumstances of the person in charge of professional and technical activities, the required dossier may vary. We will provide case-by-case consultation, for example, where:

• The responsible doctor has retired;
• The doctor holds a practicing certificate issued by the Department of Health of another province/city and wishes to establish an optical or medical facility in a new province/city;
• The doctor has not practiced continuously for more than two (02) years in practice;
• The doctor is currently working at a public hospital, private hospital, or private clinic and wishes to establish a private clinic of his/her own.

Fast, All-Inclusive Service for Establishing a General Medical Assistant Clinic by Huy Hoang Law Firm

By engaging Huy Hoang Law Firm, clients will receive comprehensive consultation on all legal regulations related to the establishment of a general medical assistant clinic in a fast and efficient manner. With a professional team possessing in-depth legal knowledge and extensive practical experience, our all-inclusive service package includes:

• Comprehensive legal consultation on procedures for establishing a general medical assistant clinic;
• Assistance in drafting a complete and compliant dossier in accordance with legal regulations;
• Guidance on preparation and setup of facilities to ensure successful appraisal and compliance with legal requirements;
• Representation in handling arising issues during the implementation of procedures (if any);
• Assistance in completing medical waste management contracts and wastewater treatment systems;
• Ongoing legal consultation during the operation of the clinic after issuance of the operating license, including matters relating to advertising, approval of professional technique lists, and other regulatory requirements.

If you require further information or assistance, please contact Huy Hoang Law Firm for detailed consultation.

The above is an overview of the Fast, All-Inclusive Service for Establishing a General Medical Assistant Clinic. Huy Hoang Law Firm hopes that this article provides you with a clearer understanding of the procedures involved, and we would be pleased to support and advise you on this matter in the future.

Huy Hoang Law Firm

📞 Telephone: +84 944 580 222
📧 Email: tuvan@luathuyhoang.vn
🌐 Website: https://luathuyhoang.vn/
🏢 Address: 2nd Floor, LK05 – Urban Area 54, Alley 85 Ha Dinh Street,
Thanh Xuan Trung Ward, Thanh Xuan District, Hanoi, Vietnam