Procedures for apply for a license to open a private clinic

Home
Event news
Procedures for apply for a license to open a private clinic

What are the regulations on licenses to open private clinics? What are the conditions for applying for a license to open a private clinic? What are the documents and procedures for applying for a license to open a private clinic? In the article below, we will provide readers with and verify information on the procedures for apply for a license to open a private clinic, please follow immediately.

Content:

1. What is the concept of a private clinic?

A private clinic is understood as a medical facility established, built and operated by individuals or organizations in full compliance with relevant legal regulations. The operation of a private clinic will not be subject to any interference from state management agencies.

Currently, the law does not have specific and clear regulations on the concept of “Private Clinic License”, however, we can roughly understand that “Private Clinic License” is a legal certification, granted by a competent authority to that medical examination and treatment facility in the area, recording the basic standard conditions for opening a private clinic.

2. How many forms of private clinic business are there?

Private clinics can operate in four different forms:

General practice: A professional health care unit that focuses on outpatient care, meaning that it does not require patients to stay overnight. It is a type of medical facility similar to a hospital but typically provides diagnosis and treatment to the larger community without requiring patients to stay in the hospital.
Specialist clinic: Focuses on providing specialized and in-depth health care services in a specific medical field, such as dermatology, dentistry, obstetrics and gynecology, and pediatrics.
Family doctor clinic: A family clinic is a small medical clinic model, established by an individual or a small team, providing health care services similar to a hospital’s specialty.
Traditional medicine clinic: This is known as a place that provides traditional methods and therapies, based on folk medical knowledge combined with modern medicine.

3. What conditions must be met to be granted a license to open a private general clinic?

A general clinic is granted an operating license only when it meets the following conditions:

– The minimum scale of a general clinic must meet:

Must have at least 2 of the 4 specialties: internal medicine, surgery, obstetrics, pediatrics;
Emergency room;
Minor surgery room;
Patient retention room;
Clinical: has 2 departments of testing and diagnostic imaging;

– Facilities:

a) There is a reception area, emergency room, patient retention room, specialized examination room and minor surgery room. Examination rooms in a general clinic must meet the following area requirements:

– Emergency room with an area of at least 12m2;

– Patient retention room with an area of at least 15m2; with at least 2 beds or more, if there are 3 beds or more, the area of each bed is at least 05m2;

– Specialized clinics and minor surgery rooms must have an area of at least 10m2.

b) Ensure conditions for radiation safety, medical waste management, fire prevention and fighting according to the provisions of law;

c) Ensure sufficient electricity, water and other conditions to serve patient care.

– Medical equipment:

Have sufficient medical equipment and tools suitable for the scope of professional activities that the general clinic has registered for.

– Personnel organization:

a) The number of full-time doctors (permanent) must account for at least 50% of the total number of doctors in the general clinic;

b) The person in charge of the technical expertise of the general clinic must meet the following conditions:

– Be a doctor with a practice certificate appropriate to at least one of the specialties that the general clinic has registered for;

– Have a period of medical examination and treatment of at least 54 months. The assignment and appointment of the person responsible for technical expertise of the polyclinic must be expressed in writing;

– Must be a full-time employee at that polyclinic;

c) In addition to the person responsible for technical expertise of the polyclinic, other subjects working in the polyclinic, if they perform medical examination and treatment, must have a practice certificate and may only perform medical examination and treatment within the scope of assigned work. The assignment and handover of work must be consistent with the scope of professional activities stated in that person’s practice certificate.

– Scope of professional activities:

Practice medical examination and treatment within the scope of professional activities approved by the Director of the Provincial Department of Health.

4. Application for license to open a private clinic

The application for a license to open a private clinic is based on Clause 1, Article 43 of Decree 109/2016/ND-CP. Including the following documents:

– 1 Application for a license to operate according to Form 01, Appendix XI;

– A valid copy of the decision to establish or a document with the name of the medical examination and treatment facility issued by a competent state agency for a state-owned medical examination and treatment facility or a business registration certificate for a private medical examination and treatment facility or an investment certificate for a foreign-invested medical examination and treatment facility;

– A valid copy of the practice certificate of the person responsible for the technical expertise of the medical examination and treatment facility; the person responsible for the professional department of the medical examination and treatment facility;

– List of registered practitioners at the medical examination and treatment facility (including registration of practitioners and medical professionals at the facility but not subject to the issuance of a practice certificate) according to the prescribed form;

– A detailed and complete declaration of the facilities, medical equipment, organization and personnel of the medical examination and treatment facility;

– Documents proving that the medical examination and treatment facility has met the requirements on facilities, medical equipment, and personnel organization appropriate to the scope of professional activities;

– Charter of organization and operation for state-owned hospitals following the form prescribed by the Minister of Health and the initial operation plan for the hospital;

– A valid copy of the patient transport contract for hospitals and maternity homes that do not have emergency transportation outside the facility;

– The list of technical expertise of the medical examination and treatment facility is proposed based on the list of technical expertise issued by the Minister of Health;

– For facilities providing emergency services and patient transportation support: A valid copy of the professional support contract with the hospital. In case of providing patient transportation services abroad, a valid copy of the patient transportation contract with the aviation service company is required.

5. How many steps are there in the procedure for apply for a license to open a private clinic?

According to Decree 109/2016/ND-CP, the procedure for applying for a license to open a private clinic includes the following steps:

Step 1: Submit application to the Department of Health

The medical examination and treatment facility sends the application for a license to open a private clinic to the Department of Health according to regulations.

Step 2: Receive the application

The Department of Health receives and sends the Application Receipt as prescribed to the person applying for a license to open a clinic.

Step 3: Appraisal of the application

– Within 45 working days from the date of receiving the complete application, the Department of Health will review and appraise the application and conduct an appraisal at the facility to issue a License to open a private clinic.

– In case the dossier is invalid, within 10 working days from the date recorded on the Dossier Receipt Form, the Department of Health must issue a written notice to the facility applying for a license to complete the dossier including the documents mentioned above. The time for processing the procedure will be calculated from the date of receiving the dossier with all additional documents.

– In case the dossier is complete and valid, the Department of Health will establish an appraisal team and conduct an appraisal at the medical examination and treatment facility to issue a license to operate a general clinic.

– In case the Operating License is not issued, the Department of Health must issue a written response stating the reason.

Step 4: Issuing the License

The Department of Health will return the final result to the medical examination and treatment facility.

The article on Viet My Law and Accounting has provided complete information on “apply for a license to open a private clinic”. Hopefully, what we share will help customers grasp the most basic issues to do business in this type of clinic. If you have any other questions, please contact us immediately for the fastest response.

5/5 - (1 vote)

Author

Nguyen Thanh Phuc

Mr. Nguyen Thanh Phuc has more than 15 years of experience in business administration, consulting, legal support, tax and strategic consulting. Mr. Nguyen Thanh Phuc is a leading expert in the field of Law and Accounting in Vietnam, founder of the Viet My Law and Accounting brand, which has successfully franchised more than 30 branches nationwide. Viet My is the only Vietnamese brand reputable enough to franchise and succeed in the fields of Law and Accounting.

News

What are the 2024 regulations for add business activities?

27/11/2024

The procedures related to add business activities are of great interest to many businesses, as many companies undergo changes in their business direction after starting operations. So, what are the regulations for add business activities in 2024? Please refer to the following article from Viet My Accounting to learn the latest and most detailed regulations...

Procedures for apply for a license to open a private clinic

25/11/2024

The Red Book is essential when owning land; the value of your land is recognized only once you have a Red Book. Therefore, if you don’t yet have one, you should apply for a First-time Red Book Application as soon as possible to avoid potential issues. If you're unsure about the procedures, steps, and fees involved in your First-time Red Book Application, follow this guide from Viet My Accounting. Concept of Red Book and Pink Book According to Clause 16, Article 3 of the 2013 Land Law: "A land use rights certificate, house ownership certificate, and certificates for other properties attached to the land are legal documents that the state issues to confirm the legitimate rights of individuals in land use, house ownership, and ownership of other assets attached to the land." Thus, Red Book and Pink Book are commonly used terms by the public to refer to the Land Use Rights Certificate, House Ownership Certificate, and certificates for other assets attached to the land, based on the color of the certificate. Regulations on the First-time Red Book Application Every country has its own regulations regarding land. So, how does Vietnamese law regulate land and the First-time Red Book Application? According to Clause 2, Article 101 of the 2013 Land Law, conditions for obtaining a land use certificate for individuals or families who do not have land use rights documents include: Stable land use prior to July 1, 2004. This is one of the most important conditions for applying for a First-time Red Book. No criminal record or violations of land law. No disputes over the land at the time of application. The land must conform to land use planning, and the relevant authorities must approve its use Here is the SEO-optimized translation for the provided text, incorporating the keyword "First-time Red Book Application": 3. Required Documents for the First-time Red Book Application Case 1: With documents proving land use rights When applying for a First-time Red Book with complete documentation proving land use rights (LUR), the following documents need to be prepared: Application form for Red Book registration, according to Form 04a/ĐK; Documents proving land use rights as per Article 100 of the 2013 Land Law and Article 18 of Decree No. 43/2014/ND-CP. Submit a copy and present the original for verification. Documents related to assets attached to the land, such as: House ownership certificates, certificates for non-residential buildings, Certificates of forest land use rights for planted forests, Certificates of ownership for perennial plants (if applicable and if requesting certification). For house ownership or building works, a diagram of the house or construction works must be included (unless it is already available in the house ownership documentation); Proof of financial obligations (e.g., tax receipts, land use fees, etc.); documents regarding exemptions or reductions of financial obligations related to land and attached assets (if applicable); Other documents such as household registration, identification card, or citizen ID. Note: For Vietnamese nationals residing abroad who meet the requirements to own property and use land in Vietnam, proof of eligibility must be provided. If the land user has already registered land but now requires a First-time Red Book Application, they only need to submit a request form. Case 2: Without land use rights documents If there are no documents related to land use rights (according to Article 101 of the 2013 Land Law), the following documents must be prepared for a First-time Red Book Application: Confirmation from the local People's Committee regarding stable and long-term land use; Confirmation from the local People's Committee that there are no disputes and the land use is in accordance with planning; Application form for Red Book registration according to Form 04a/ĐK; Proof of financial obligations, such as tax receipts and land use fees. 4. Procedure for First-time Red Book Application in 2024 Step 1: Prepare and Submit Documents to the Competent Authority Citizens applying for the First-time Red Book must submit their documents to the local People's Committee or the Land Registration Office (district level) as specified in Clause 2 and 3 of Article 60, Decree No. 43/2014/ND-CP. Step 2: Administrative Authority Receives and Processes Documents If the application is incomplete or missing required documents, the authority will notify the applicant and guide them to submit the missing documents within 3 days of the initial submission. If the application is complete and accurate, it will be accepted, and a receipt will be issued with the scheduled date for the return of the application. Step 3: Resolve the Application After the tax authority receives the payment, the applicant must settle fees such as: Red Book issuance fees, land use fees (if applicable), registration fees, and file review fees (if applicable). Once the payments are made, the applicant will receive a payment confirmation, which must be presented when collecting the certificate. Step 4: Return of Results After fulfilling financial obligations, citizens will receive the First-time Red Book within the specified time. In cases where exemptions or deferred land use fees apply, the applicant may still receive the certificate without having paid all required fees. If the application was submitted to the district office, the certificate will either be handed directly to the applicant or sent to the local People's Committee for delivery. 5. Costs for First-time Red Book Application Citizens are required to pay several fees when applying for a First-time Red Book, including: Registration fee, Red Book issuance fee, Land use fee (if applicable), File assessment fee. 5.1. Land Use Fee Not all cases require payment of land use fees when applying for a First-time Red Book. 5.2. Registration Fee According to Decree 10/2022/ND-CP and Circular 13/2022/TT-BTC, the registration fee for land and property ownership remains unchanged, with the fee set at 0.5%. The registration fee is calculated as follows: Registration fee = 0.5% x Registration fee base value. Based on this formula, the accounting service can calculate the amount for each case, as shown below: Registration fee = 0.5% x (Price per square meter from the Land Price Table x Area receiving the Red Book). The fee base is determined by the land price set by the provincial People's Committee at the time of registration fee declaration. The area subject to registration fees is the entire legal area of the land parcel, as determined by the Land Registration Office and provided to the Tax Department. Example: Mr. A owns a 100m² land plot with a land price of 2 million VND/m². The registration fee for receiving the Red Book is: Registration fee = (2 million VND x 100m²) x 0.5% = 1 million VND. 5.3. Red Book Issuance Fee According to Clause 5, Article 3 of Circular 85/2019/TT-BTC, the Red Book issuance fee is decided by the provincial People's Council, so the fee may vary by province or city. 5.4. File Assessment Fee As per Point i, Clause 1, Article 5 of Circular 85/2019/TT-BTC: “The file assessment fee for Red Book issuance is a fee charged for the process of reviewing the documents and conditions required for issuing the Red Book of land use rights, housing ownership, and assets attached to land (including issuing, renewing, reissuing the Red Book, and documenting changes in the Red Book issued).” Since the file assessment fee is set by the provincial People's Council, some provinces or cities may not require this fee for a First-time Red Book Application. Additionally, citizens may also need to pay for measurement services. First-time Red Book Application

First-time Red Book Application: Procedures & Documents 2024

25/11/2024

The Red Book is essential when owning land; the value of your land is recognized only once you have a Red Book. Therefore, if you don’t yet have one, you should apply for a First-time Red Book Application as soon as possible to avoid potential issues. If you’re unsure about the procedures, steps, and fees...

Procedures for apply for a license to open a traditional medicine clinic in 2024

23/11/2024

Health is always the factor that people care about the most, so medicine is one of the sectors that the state values and is extremely strict in the processing stages. There is a very good saying “If you want to get well quickly, use Western medicine, if you want to get well completely, find Chinese...

Procedures for registration to buy capital contributions in 2024

23/11/2024

Investment activities in our country are quite popular, this activity is regulated by law in many different forms. Capital contribution purchase activities are commonly carried out in large enterprises today. So how is the procedures for registration to buy capital contributions regulated by law? Please refer to the content of the article below by Ke...

How are work permit regulated in 2024?

22/11/2024

A work permit is one of the important documents, especially for foreign workers working in Vietnam. To be granted this type of permit, what procedures need to be prepared? What documents are required for the procedures? Detailed information will be answered by Viet My Accounting in the article below. I. Legal basis – Labor Code...

What is the process for applying for a liquor production license?

22/11/2024

Production and distribution of alcohol according to the law is a conditional business sector. One of the important conditions that a business establishment must meet is to have a Liquor Production License. What does the law stipulate about the procedures for applying for a liquor production license? How will the procedures be carried out in...

1. What is the concept of a private clinic?

2. How many forms of private clinic business are there?

3. What conditions must be met to be granted a license to open a private general clinic?

4. Application for license to open a private clinic

5. How many steps are there in the procedure for apply for a license to open a private clinic?

Nguyen Thanh Phuc

News

Address:

Email:

Phone:

Contact an expert Viet My