For US-trained surgeons, Vietnam presents an expanding opportunity in a private healthcare market hungry for high-quality specialist care. But surgical practice in Vietnam comes with a specific compliance framework that goes beyond the standard physician licensing requirements. From the scope of permitted procedures to facility standards for surgical environments, US surgeons must understand and adhere to a multi-layered regulatory framework under the Law on Medical Examination and Treatment 2023 and Decree 96/2023/ND-CP.
This guide covers the key compliance rules for US surgeons practicing in Vietnam.
The Surgical Practice License: Scope of Practice Matters
Under the Law on Medical Examination and Treatment 2023 and Decree 96/2023/ND-CP, a Vietnamese medical practice license specifies the license holder’s scope of practice (pham vi hanh nghe). For surgeons, this is particularly important because only procedures within the licensed scope may be legally performed.
US board-certified surgeons (e.g., American Board of Surgery, American Board of Orthopedic Surgery, American Board of Plastic Surgery) must have their specialty and subspecialty scope accurately reflected on their Vietnamese practice license. A US general surgeon, for example, should not perform laparoscopic bariatric procedures at a facility that is not licensed for bariatric surgery, even if the surgeon is technically capable.
Facility Requirements for Surgical Environments
Vietnamese law imposes strict facility standards on healthcare settings where surgical procedures are performed. Under Decree 96/2023/ND-CP:
Outpatient minor procedures (tieu phau): May be performed at a specialty outpatient clinic with a dedicated procedure room of at least 10 m2.
Surgical procedures requiring general anesthesia or significant sedation: Must be performed in a hospital with appropriate surgical suites, recovery rooms, anesthesia capability, and intensive care unit (ICU) capacity.
Operating rooms: Must comply with infection control standards (Decision 5991/QD-BYT), equipment sterilization protocols, and air quality standards.
Fire safety: Operating theater environments must comply with Decree 105/2025/ND-CP.
US surgeons must ensure their employing facility’s operating license covers the surgical services they intend to perform. Performing surgical procedures at a facility whose operating license does not include those services is a compliance violation.
Responsible Clinical Director Requirements for Surgical Departments
For US surgeons appointed as department heads or responsible clinical directors of surgical units, additional requirements apply under Decree 96/2023/ND-CP:
The responsible director of a surgical department must hold a Vietnamese practice license with a surgical scope of practice;
Must have at least 54 months of post-graduation clinical practice in the relevant surgical specialty;
Must be present at the facility during operating hours;
Cannot simultaneously serve as responsible director at more than one other facility.
US surgeons with long career histories should have no difficulty meeting the 54-month experience requirement—the challenge is typically in documenting this experience for Vietnamese authorities through employment letters, hospital credentialing records, and CME documentation.
Anesthesia and Multi-Disciplinary Team Compliance
Vietnamese surgical compliance also covers the multi-disciplinary teams that support surgical procedures. US surgeons practicing in Vietnam should verify:
Anesthesiologists hold valid Vietnamese practice licenses with anesthesiology scope;
Scrub nurses and theater staff have appropriate qualifications under Vietnamese nursing and allied health regulations;
The facility has a documented protocol for managing surgical complications and transferring patients to higher levels of care if needed;
Blood products, emergency medications, and resuscitation equipment meet MOH requirements.
US surgeons who assume these arrangements are in place without verifying them personally may find themselves in a compliance gap if an adverse event occurs and the supporting team’s credentials are found to be deficient.
Malpractice and Liability for US Surgeons in Vietnam
Surgical practice carries inherently higher malpractice risk than general medical consultation. For US surgeons in Vietnam:
The employing hospital typically carries institutional liability insurance covering employed surgeons.
Individual surgeons retain personal criminal liability exposure under Vietnam’s Penal Code 2015 for gross negligence resulting in death or serious injury.
Informed consent documentation is mandatory before any surgical procedure and must be obtained in Vietnamese (with a certified interpreter if the patient does not speak English).
US surgeons’ ACGME or board certifications do not provide liability protection in Vietnam—local institutional coverage is essential.
US surgeons should request and review their employer’s liability insurance policy before commencing surgical practice and should confirm that the policy explicitly covers procedures in their specialty.
Continuing Compliance: CME and License Renewal
Vietnamese medical practice license renewal requires evidence of continuing professional development. For US surgeons:
Maintain ABS or specialty board certification and CME records throughout the Vietnam posting.
Participate in any mandatory training required by the employing facility (e.g., Vietnamese infection control protocols, fire safety drills, radiation safety if applicable).
Keep health certificates current—a new health certificate is required for license renewal.
Ensure the Vietnamese practice license is renewed before expiry; practicing on an expired license constitutes unlicensed practice under the 2023 Law.
Conclusion
US surgeons practicing in Vietnam face compliance obligations spanning their individual practice license, the facility’s operating license scope, surgical environment standards, team credentialing, and informed consent requirements. Staying compliant is an ongoing process, not a one-time achievement at licensing. TTVN Legal provides compliance advisory services for US surgeons and their hospital employers in Vietnam.
Need expert legal support for healthcare investment in Vietnam? TTVN Legal | 101 Nguyen Van Thu, Tan Dinh Ward, Ho Chi Minh City, Vietnam +84 349661336 | tham@ttvnlegal.com.vn | https://healthcaresetupvn.com/
