To open an after-hours clinic, there are a number of factors and procedures that need to be followed. In this article, we will provide information on the conditions and procedures for opening an after-hours medical clinic. In addition, we will answer questions about the process of opening an after-hours clinic and related legal requirements.

1. Legal basis for procedures for opening an after-hours medical clinic

• Law on Medical Examination and Treatment 2009.
• Decree 109/2016/ND-CP regulating the issuance of practice certificates to practitioners and the issuance of operating licenses to medical examination and treatment facilities.
• Decree 155/2018/ND-CP amends and supplements a number of regulations related to investment and business conditions under the state management of the Ministry of Health.

2. Subjects eligible to carry out procedures for opening an after-hours medical clinic

According to the 2010 Law on Civil Servants, doctors working at state hospitals are not allowed to establish or manage private hospitals in the form of enterprises or cooperatives. However, they are still eligible to carry out procedures to open an after-hours clinic such as a general clinic or a dental clinic. Therefore, one of the important conditions for opening an after-hours clinic is to ensure that doctors meet the conditions to do so.

3. Conditions for meeting procedures for opening an after-hours medical clinic regarding personnel

Before starting the procedures to open an after-hours clinic, it is important that you check yourself to see if you meet the requirements of the Ministry of Health and the law. To ensure that the operation of a clinic is carried out professionally, there are specific conditions regarding the responsible person and personnel that need to be met as follows:

First, the person in charge of the clinic must have a valid practice certificate with the expertise stated on this certificate reflecting the compatibility with the business field of the clinic. In addition, they must have at least 36 months of experience in medical examination and treatment since receiving the practice certificate, or at least 54 months of direct participation in medical examination and treatment activities. It is also important that this person must work as a permanent employee at the clinic and comply with the working hours registered with the competent authority, usually 8 hours per day.

Along with the person in charge, the procedures for opening an after-hours medical clinic must meet the requirements for personnel at the clinic. Other personnel must perform tasks as assigned by the person in charge and this assignment must be consistent with the expertise clearly stated on the practice certificate of each personnel. This ensures that each individual in the human resources team has a role and responsibility that is appropriate to their abilities and skills, helping to improve service quality and patient safety.

4. Conditions for meeting the procedures for opening an after-hours medical clinic regarding facilities

In addition to the conditions for human resources, when you want to open an after-hours medical clinic, you need to fully meet the physical facilities. Specifically as follows:

4.1. Physical facilities

To ensure that the operation of a clinic is carried out effectively and to ensure the health of patients, choosing a clinic location is an important factor. This location needs to be fixed, except for mobile medical examination and treatment services, and should be located in a high place, away from sources of pollution. The environment in the clinic needs to be airy and clean, not only to create a feeling of comfort for patients but also to ensure hygiene and safety.

In addition, implementing fire prevention and fighting and radiation safety equipment is a necessary requirement to protect not only patients but also staff and property of the clinic. Arranging a separate area to sterilize reusable medical equipment and instruments is also an important requirement in the procedure for opening an after-hours clinic. This helps ensure hygiene and avoid infection.

Finally, having separate areas for receiving guests, waiting, consulting, and treating patients is extremely important. This helps create a convenient and comfortable space for patients, while enhancing their professionalism and satisfaction with medical services.

4.2. Equipment

Medical equipment and supplies are an indispensable part of a clinic’s operations. These supplies must be selected and arranged to suit the scope of activities and specific specialties of that clinic. For occupational disease treatment facilities, having a biochemical test kit is very important. This test kit helps diagnose and evaluate patients’ health problems accurately, thereby helping to decide on appropriate treatment methods.

For procedures to open a clinic for health consultation after hours, having telecommunications and information technology suitable for the scope of business is indispensable. Information technology helps improve patient information management, record examination and treatment schedules, as well as enhance communication and remote consultation capabilities. Applying this technology not only helps increase efficiency in service provision but also brings convenience and comfort to patients during the use of services at the clinic.

5. Documents to open an after-hours clinic

To open an after-hours clinic, doctors need to prepare a complete and accurate dossier as follows:

1. Application for a license to operate, according to the form prescribed in Appendix 13 of Circular 41/2011/TT-BYT.
2. A certified copy of the decision to establish a state-owned medical examination and treatment facility or a business registration certificate for a private medical examination and treatment facility. For a foreign-invested medical examination and treatment facility, a certified copy of the investment certificate is required.
3. A certified copy of the practice certificates of all doctors and practitioners. For an ultrasound room, a certified copy of the general ultrasound training certificate is required.
4. List of registered practitioners of the medical examination and treatment facility, according to the form prescribed in Appendix 6 of Circular 41/2011/TT-BYT.
5. Declaration of facilities and medical equipment of the medical examination and treatment facility, according to the form prescribed in Appendix 14 of Circular 41/2011/TT-BYT. In which, it is necessary to describe the internal examination room and ultrasound room, with each room having a size of at least 10 m2. Characteristics of the internal examination room and ultrasound room include:
   • Fixed location, separate from the family living area.
   • Must be solidly built, have adequate lighting, and have a dust-proof ceiling.
   • Walls and floors must use materials that are easy to clean.

6. Procedures for opening an after-hours medical clinic

To obtain a license to open an after-hours clinic, the process usually includes the following steps:

6.1. Step 1: Submitting the application

The first step in the process of applying for a license to open an after-hours clinic is submitting the application. The clinic needs to request a certificate of eligibility to open an after-hours clinic, and they must prepare 01 original set of documents and 01 copy. This application will be submitted to the Department of Health, the competent authority in licensing medical activities. Submitting the application is the most important step in starting the licensing process and will determine whether the clinic is qualified and allowed to operate.

6.2. Step 2: Processing the application

During this process, the Department of Health will evaluate the information and documents in the application to ensure that the clinic meets the procedures for opening an after-hours clinic. After processing the application, the Department of Health will send the clinic a certificate of eligibility to open an after-hours clinic. At the same time, the clinic will also receive a receipt of the application, which is proof that their application has been received and is being processed by the competent authority.

6.3. Step 3: Application appraisal

If the application is valid, the Department of Health is responsible for requesting a certificate of eligibility to open an after-hours clinic within 05 working days from the date of receiving the application for appraisal at the facility. Within 15 working days from the date of receiving the application for a new certificate of eligibility for vaccination, the District Health Department will establish an appraisal team and organize the appraisal. After the appraisal, the appraisal team will make a record and send it to the Department of Health within 03 working days from the date of completion of the appraisal.

6.4. Step 4: Issuance of a certificate of eligibility to open an after-hours clinic

Within 07 working days from the date of receipt of the appraisal report, the Director of the Department of Health must issue a certificate of eligibility to open an after-hours clinic. In case of failure to issue a certificate, a written response must be provided stating the reason.

Above is all the information about the procedures for opening an after-hours medical clinic as well as related legal issues that we would like to share. During the research and study process, if you have any questions or concerns, you can contact us directly through the information that has been shared. Thank you for your interest and following the article of VIET MY LAW AND ACCOUNTING!