Introduction
Australia and Vietnam share strong bilateral trade and investment ties. Australian investors are increasingly exploring opportunities in Vietnam’s healthcare sector, particularly in dental care — an area with high demand and significant growth potential. This article explains the legal requirements, investment structures, and licensing process for Australian investors seeking to establish dental clinics in Vietnam.
Legal Framework
The establishment of dental clinics in Vietnam by foreign investors is governed by:
- Law on Investment 2025;
- Law on Enterprises 2020 (As amended in 2025);
- Law on Medical Examination and Treatment 2023;
- Decree No. 96/2023/ND-CP;
- The ASEAN-Australia-New Zealand Free Trade Agreement (AANZFTA), which includes commitments relevant to services market access, including healthcare services.
Under Vietnamese law, healthcare services (including dental clinics) are a conditional business sector. Foreign investors must comply with both the investment registration process and healthcare facility licensing requirements.
Investment Structures for Australian Investors
Australian investors may enter Vietnam’s dental market through:
- 100% Australian-Owned Entity: Australian investors may establish a fully foreign-owned company to operate a dental clinic. Under Vietnam’s WTO commitments and AANZFTA, foreign-owned healthcare service providers are permitted, subject to specific conditions. This structure gives Australian investors maximum operational control.
- Joint Venture with Vietnamese Partner: Australian and Vietnamese parties may co-establish a joint venture company to operate the dental clinic, with capital contributions and ownership as agreed between the parties.
Both require an Investment Registration Certificate (IRC) and an Enterprise Registration Certificate (ERC) before the facility licensing phase begins.
Facility Licensing Requirements Under Decree 96/2023/ND-CP
All dental clinics in Vietnam — regardless of the nationality of the investor — must obtain an Operating License from the provincial Department of Health, satisfying the requirements of Decree 96/2023/ND-CP.
Physical Facility Requirements (Articles 40 and 47, Decree 96/2023/ND-CP):
- Fixed premises meeting structural safety, fire prevention, infection control, environmental protection, and radiation safety standards;
- Adequate electricity and water supply for clinical operations;
- Clear signage, floor plans, and directional signs to all departments.
Specific Dental Clinic Requirements (Article 47.1, Decree 96/2023/ND-CP):
- Patient reception area;
- Examination room: minimum 10 m²;
- At least one dental chair; each chair requires a minimum area of 5 m²;
- Implant room (if implant procedures offered): minimum 10 m², separate and dedicated;
- Emergency anaphylaxis kit and appropriate emergency medications.
Personnel Requirements (Article 47.2, Decree 96/2023/ND-CP):
- The responsible clinical manager must hold a Vietnamese medical practice license with a scope of practice in dentistry or specialized dental surgery.
Investment Registration Process
Step 1 – Enterprise Registration: Establish the legal entity (typically a Limited Liability Company) and obtain the Enterprise Registration Certificate (ERC) from the Business Registration Office.
Step 2 – Investment Registration: Apply to the provincial Department of Planning and Investment for an Investment Registration Certificate (IRC). The IRC specifies the investment project details, including the location, investment capital, and business sector..
Step 3 – Facility Preparation: Prepare the dental clinic premises to meet the physical requirements under Decree 96/2023/ND-CP.
Step 4 – Staffing: Recruit qualified dental professionals with valid Vietnamese medical practice licenses.
Step 5 – Operating License Application: Submit the full dossier to the provincial Department of Health.
Step 6 – Additional Compliance: Obtain fire safety certificates, radiation safety licenses (for X-ray equipment), environmental compliance documents.
Radiation Safety Compliance for Dental X-Ray Equipment
Dental clinics using X-ray equipment must comply with Vietnam’s radiation safety regulations under Circular No. 59/2025/TT-BKHCN. Key requirements include:
- Declaration and licensing with the local Department of Science and Technology;
- Technical standards for X-ray control panels (display of kV, mA, and exposure time);
- Lead shielding (minimum 0.5 mm lead equivalent) for radiation protection;
- Safety training certification for staff operating X-ray equipment;
- Individual radiation dose monitoring for all staff members.
Conclusion
Australian investors have clear legal pathways to invest in and operate dental clinics in Vietnam, including as 100% foreign-owned entities. Success depends on understanding and complying with Vietnam’s investment law, healthcare regulations, and facility licensing framework under Decree 96/2023/ND-CP.
TTVN Legal provides specialized advisory services to Australian investors establishing dental clinics and healthcare facilities across Vietnam. Contact us to start the process today.
📞 Contact TTVN Legal – Healthcare Setup Vietnam
📍 101 Nguyen Van Thu, Tan Dinh Ward, Ho Chi Minh City, Vietnam
📱 +84 349661336
📧 tham@ttvnlegal.com.vn
🌐 https://ttvnlegal.com.vn/
