Many US physicians are drawn to Vietnam’s growing private healthcare market and ask whether they can establish their own private practice. The answer involves navigating both foreign investment law and healthcare licensing regulations. Under Vietnam’s current legal framework—including the Law on Medical Examination and Treatment 2023, Decree 96/2023/ND-CP, and the Law on Investment—US physicians can legally own and operate private medical clinics in Vietnam, subject to specific conditions.
This guide examines the legal pathway for US doctors seeking to establish private medical practices in Vietnam.
Foreign Ownership of Healthcare Facilities in Vietnam
Vietnam permits 100% foreign ownership of outpatient clinics (phong kham) and certain other healthcare facilities through foreign-invested enterprises. This is available under the Law on Investment and the Law on Enterprises. A US physician wishing to set up a private practice would typically establish a foreign-invested limited liability company (LLC) or joint venture, obtain an Investment Registration Certificate (IRC), and then apply for a healthcare operating license.
However, ownership of the facility and the right to practice medicine within it are two separate legal questions. Even as the facility owner, the US physician must hold a valid Vietnamese medical practice license to provide clinical services personally.
Steps to Establish a US-Owned Private Medical Clinic
The establishment process involves multiple sequential steps:
- Formed a foreigni-invested business entitiy;
- Obtain an Investment Registration Certificate;
- Obtain a Vietnamese medical practice license (requires credential recognition as described in Article 29 of the 2023 Law and Decree 96/2023/ND-CP).
- 4. Fulfill facility infrastructure requirements under Decree 96/2023/ND-CP (minimum floor space, equipment, fire safety, radiation safety, infection control).
- 5. Register the responsible clinical director (nguoi chiu trach nhiem chuyen mon) who must hold a Vietnamese practice license.
- Secure a healthcare operating license (Giay phep hoat dong) from the provincial Department of Health
The Responsible Clinical Director Requirement
One of the most critical requirements for a private clinic in Vietnam is appointing a responsible clinical director (nguoi chiu trach nhiem chuyen mon ky thuat). This person must:
- Hold a valid Vietnamese medical practice license;
- Have a minimum of 36 months of clinical practice experience after graduation (for outpatient specialty clinics);
- Be physically present at the facility during operating hours;
- Not simultaneously serve as responsible clinical director at more than one other medical facility.
For US physicians who are sole owners and practitioners, this requirement is automatically fulfilled if they themselves hold the license. However, before the license is issued, a temporary arrangement with a locally licensed physician may be needed.
Facility Requirements for a Private Outpatient Clinic
Under Decree 96/2023/ND-CP, a specialty outpatient clinic (phong kham chuyen khoa) must meet the following minimum physical requirements:
- Fixed location complying with structural safety, fire prevention, infection control, environmental protection, and radiation safety standards (if applicable);
- Minimum examination room area of 10 m2;
- Separate room for procedures/techniques if offered (minimum 10 m2, or 20 m2 for physical therapy);
- Sterilization area for reusable medical instruments;
- Anaphylaxis emergency kit and appropriate specialty emergency medications;
- Appropriate signage, floor plan, and department guides.
Practical Considerations for US Physicians
US physicians considering private practice in Vietnam should be aware of:
- The licensing timeline: allow 6–12 months from start of documentation to operational clinic;
- The need for a Vietnamese language-speaking clinical team, given language requirements for patient care;
- Compliance with Vietnamese labor law when hiring staff;
- Tax obligations for the foreign-invested enterprise (Corporate Income Tax at 20%, VAT, and PIT);
- Healthcare-specific import regulations for medical equipment;
- Ongoing compliance obligations including annual reporting, license renewal, and MOH inspections.
Conclusion
US physicians can legally open private practices in Vietnam through a well-defined legal framework involving both investment law and healthcare licensing regulation. The process requires patience and careful compliance across multiple regulatory agencies, but the pathway is clear. TTVN Legal guides US physician-investors from entity formation through operating license approval, ensuring full legal compliance at every stage.
Need legal assistance with medical licensing in Vietnam? Contact TTVN Legal today. 101 Nguyen Van Thu, Tan Dinh Ward, Ho Chi Minh City | +84 349661336 | tham@ttvnlegal.com.vn | https://ttvnlegal.com.vn/
