After thirteen years of implementation, the Law on Medical Examination and Treatment No. 40/2009/QH12, amended by Law No. 21/2017/QH14, has significantly enhanced Vietnam’s healthcare system.

1. After thirteen years of implementation, the Law on Medical Examination and
Treatment No. 40/2009/QH12, amended by Law No. 21/2017/QH14, has
significantly enhanced Vietnam’s healthcare system.
This legislation has created an essential legal framework that has improved state
management in healthcare, elevated the quality of medical services, and introduced
Vietnam to modern, world-class medical techniques.
The law has also standardized healthcare activities by setting minimum requirements
for professional certifications and operational licenses for healthcare facilities.
However, the enactment of this law revealed certain practical issues and
imperfections that lacked a legal solution.
To materialize the policies of Vietnam, address existing shortcomings, and respond
to newly emerged challenges with the aim of developing and improving healthcare
services for the public, Vietnam passed the Law on Medical Examination and
Treatment No. 15/2023/QH15 on January 9, 2023.
This law, which will come into effect on January 1, 2024, is set to further democratize
healthcare quality, efficiency, development, and international integration.
Principles of 2023 Law on Medical Examination and
Treatment
The 2023 Law on Medical Examination and Treatment is grounded in the following
key tenets:
(i) It ensures the timely and comprehensive institutionalization of Vietnam’s
strategies on strengthening health protection, care, and promotion for the people in
new contexts.
(ii) It positions patients at the center of all healthcare services, focusing on enhancing
access to high-quality medical services that align with international practices.
(iii) It persists with the policy of socializing and diversifying medical services with
active participation from professional associations, practitioners, and patients,
assuring fairness among both state and private healthcare institutions.
(iv) It innovates mechanisms that secure patient rights associated with the
responsibilities of healthcare practitioners and institutions, alongside the rights of
these practitioners and institutions linked with the responsibilities of patients and
their families.

2. (v) It concentrates on expediting administrative reforms and employing information
technology in healthcare practices.
(vi) It ensures constitutional legality, uniformity, coherence, feasibility, and
alignment with international legal standards on healthcare, including gender equality
considerations.
Notable Features of the 2023 Law on Medical
Examination and Treatment
Improving Professional Skills and Strengthening Practitioner Management
The Law on Medical Examination and Treatment aims to bolster the management of
service quality provided by healthcare practitioners by:
(1) Expanding the spectrum of practitioners by shifting from granting licenses based
on educational qualifications to professional titles.
(2) Enhancing and standardizing the skills of practitioners. This includes changing
the licensing method from evaluation based on documentation to requiring a
competency assessment before issuing a license. Traditional healers and those with
family medicinal practices are still granted licenses based on their submitted
documentation.
(3) Establishing a five-year validity for practicing licenses and mandating continual
medical education as a prerequisite for renewal.
(4) Requiring foreign practitioners who provide long-term care in Vietnam to
proficiently use the Vietnamese language during consultations, with exceptions for
expert exchanges, technical transfers, and training.
Enhancing Service Quality and Access to Healthcare
for the Population
The 2023 Law on Medical Examination and Treatment introduces mandatory annual
self-assessments of healthcare quality by institutions based on standards set by the
Ministry of Health. It also demands the use of information technology to link medical
records across institutions, enhancing convenience for patients and facilitating the
management of practitioners’ activities.

3. Some of the new stipulations include:
 Transitioning from four levels of specialization to three levels of
professional expertise.
 Allowing private clinics in socio-economically disadvantaged regions
to organize patient beds for observation and treatment, not exceeding 72
hours.
 Developing telemedicine services to improve the accessibility of quality
and cost-effective healthcare services everywhere and at all times,
especially for non-severe, chronic conditions requiring long-term care.
Innovating Regulatory Conditions for Medical
Activities
The law specifies state policies for training healthcare personnel, including
encouraging students to pursue fields such as psychiatry and emergency resuscitation
and providing complete tuition and living cost support for those studying these
specialties at state health institutions.
Furthermore, the 2023 Law adds financial regulations, asserting state guarantees for
operational costs of state healthcare facilities. It also outlines forms of resource
mobilization for healthcare infrastructure investment, equipment leasing, and
pharmaceutical services, ensuring that prices for medical services at state facilities
are accurately calculated and sustainable.
Effective Date of the 2023 Law on Medical
Examination and Treatment
The 2023 Law on Medical Examination and Treatment becomes effective on January
1, 2024, with certain provisions implemented at later dates to allow a gradual
transition, such as:
 The National Medical Council’s tasks to evaluate the professional
competence of healthcare practitioners beginning from January 1, 2027,
for doctors, and subsequent years for other medical professionals.
 Language proficiency requirements for foreign nationals starting from
January 1, 2032.
 Applying IT infrastructure conditions from January 1, 2027, for new
permit applications, and no later than January 1, 2029

4. How Healthcare Lawyers Could Assist Clients in
Vietnam?
The healthcare lawyers have expertise in the regulations governing the healthcare
industry, medical institutions, practitioners’ rights and obligations, patient care
standards, public health policies, and administrative law.
They are equipped to address legal issues related to medical licensing, compliance
with healthcare regulations, and institutional accreditation within the healthcare
system. Their practice might also extend to areas such as medical ethics,
telemedicine, healthcare technology, and the protection of patient data privacy.
ANT Lawyers, law firm in Vietnam
We help clients overcome cultural barriers and achieve their strategic and financial
outcomes, while ensuring the best interest rate protection, risk mitigation and
regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi, and
Danang, and will help customers in doing business in Vietnam.
Readmore: https://lawyersindanangvietnam.blogspot.com/2024/03/elevating-
vietnams-healthcare-system.html