LEGAL SERVICES FOR PROCEDURES FOR ESTABLISHING AN OPTICAL DISPENSARY

In recent years, optical dispensaries have seen significant investment and development. To establish and operate an optical dispensary in accordance with the law, it is essential to meet prescribed legal conditions and complete the relevant licensing procedures. This article provides detailed legal consultation on these matters. 

LEGAL BASIS

• Law on Medical Examination and Treatment No.15/2023/QH15;
• Decree No.96/2023/ND-CP dated 30 December 2023 detailing the implementation of a number of articles of the Law on Medical Examination and Treatment;
• Decree No.109/2016/ND-CP on the issuance of practicing certificates and operating licenses for medical examination and treatment establishments, as amended and supplemented by Decree No.155/2018/ND-CP;
• Decree No.98/2021/ND-CP on the management of medical devices;
• Law on Tax Administration 2019 (Law No.38/2019/QH14);
• Decree No.123/2020/ND-CP on invoices and documents;
• Circular No.59/2023/TT-BTC prescribing rates, collection, payment, management, and use of fees in the healthcare sector.

CONDITIONS FOR ESTABLISHING A GENERAL MEDICAL ASSISTANT CLINIC

Conditions on Facilities and Infrastructure

• The establishment must have a fixed location that complies with applicable legal regulations on structural safety, fire prevention and firefighting, infection control, environmental protection, and radiation safety (if applicable); and must ensure an adequate supply of electricity and water for medical examination and treatment activities;
• The establishment must have a signboard and provide layout plans and directional signage to clinical departments, professional units, and administrative sections;
• Where additional facilities are established outside the premises of the main medical examination and treatment establishment, such facilities must satisfy the specific conditions applicable to each form of medical establishment as prescribed in Article 39 of this Decree;
• The establishment must have an eye examination room with a minimum floor area of ten (10) square meters.

Conditions on Medical Equipment

• The establishment must be equipped with medical devices suitable for the registered list of professional techniques and scope of professional activities;
• Equipment for measuring, testing, and diagnosing refractive errors of the eyes must be available;
• The establishment must have an anti-shock medicine box and sufficient specialized emergency medicines.

Conditions on Personnel

The person in charge of professional and technical activities must be a licensed practitioner holding one of the following professional titles:

• Ophthalmology specialist physician; or
• Medical technician with a scope of practice in ophthalmic refraction.

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 establishment’s professional activities, with a minimum of thirty-six (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 hold valid practicing certificates and may only perform medical services within their assigned duties. Based on the approved scope of professional activities, diplomas, practicing certificates, training certifications, and professional capacity of each practitioner, the person in charge of professional and technical activities shall assign professional techniques to practitioners in writing.

Conditions Applicable to the Company

For a company to be eligible to establish an optical dispensary, 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 optical dispensary services, have been registered. If not, procedures for amendment and supplementation of business lines must be carried out in accordance with law;
• Location of the optical dispensary: If the address of the optical dispensary differs from the company’s head office address, procedures for establishing a dependent business location of the company must be carried out at the address of the optical dispensary.

Dossier for Establishing an Optical Dispensary

To establish an optical dispensary 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 establishment;
• 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 submitting an application for first-time issuance of an operating license, medical establishments are also required to concurrently submit a dossier for approval of the list of professional techniques. Such dossier includes:

• Application for approval of the list of professional techniques;
  Capacity profile;
• Minutes of the professional council meeting;
  Proposed list of professional techniques for approval.
• Depending on the specific circumstances of the person in charge of professional and technical activities, the required dossier may vary. We provide case-by-case consultation, including but not limited to the following situations:
• The responsible physician has retired;
• The physician holds a practicing certificate issued by the Department of Health of another province or city and wishes to establish an optical dispensary in a new locality;
• The physician has not engaged in professional practice continuously for more than two (02) years;
• The physician is currently working at a public hospital, private hospital, or private clinic and wishes to establish a private establishment.

Fast, All-Inclusive Optical Dispensary Establishment Services by Huy Hoang Law Firm

By engaging Huy Hoang Law Firm, clients will receive comprehensive legal consultation on the procedures for establishing an optical dispensary in a fast and efficient manner. Our professional team, with in-depth legal knowledge and extensive practical experience, provides an all-inclusive service package comprising:

• Comprehensive legal consultation on procedures for establishing an optical dispensary;
• Assistance in drafting a complete and compliant application dossier in accordance with legal regulations;
• Guidance on preparation and setup of facilities to ensure successful appraisal and full legal compliance;
• Representation in handling any issues arising during the licensing process;
  Assistance in completing medical waste management contracts and wastewater treatment systems;
• Ongoing legal consultation during actual operation of the optical dispensary after issuance of the operating license, including matters relating to advertising and approval of professional technique lists.

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

The above constitutes an overview of the Fast, All-Inclusive Services for Establishing an Optical Dispensary. Huy Hoang Law Firm hopes that this article provides a clearer understanding of the procedures involved and 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, Lot 5, Block 54, Alley 85 Ha Dinh, Khuong Dinh Ward, Hanoi, Hanoi, Vietnam