Establishing a Foreign-Invested Specialty Clinic in Vietnam

The development of Vietnam’s economy in recent years has helped improve the quality of life for people, accompanied by a wave of significant number of foreigners entering Vietnam to live, invest and do business, it’s increasing the demand for medical services. The public health care system partially meets the needs of the people, enhance, the Vietnamese government is encouraging domestic and foreign service providers to participate in the health service chain.

Vietnam allows foreign service provider provide services through the establishment of a 100% foreign-invested enterprise, a joint venture with a Vietnamese partner(s) or through a business cooperation contract. And have to reach the minimum investment requirements of two hundred thousand ($200,000) U.S dollars when invest in a specialty clinic.

A specialty clinic is only allowed to operate when it satisfy the conditions on facilities, departments, rooms, personnel and professional capacity. And have sufficient licenses as required, includes (i) Investment registration certificate, if applicable (ii) Business registration certificate, (iii) License for medical examination and treatment (an “operating license”).

To be granted an operating license, a specialty clinic has to acquires the following requirements:

1. Facilities

• A fixed location, separate from the family living area, with sufficient light, with a ceiling against dusts, walls and floors must use materials that are easy to clean and sanitize.
• The medical specialized clinic with an area of at least 10 m2 and a place to receive patients (except for the room for health consultation through information technology and telecommunication). Particularly for a surgical clinic, a cosmetology clinic must have an additional patient room with an area of at least 12 m2; the rehabilitation clinic must have an additional rehabilitation room with an area of at least 10 m2; HIV/AIDS clinic must have an additional treatment room of at least 18 m2 (excluding waiting areas for examination), divided into two rooms to perform the function of medical examination and counseling for patients.
• Depending on the scope of registered professional activities, the specialty clinic must further meet the following criteria: (i) In case of performing procedure, including dental implant techniques, the defense art must have an area of at least 10 m2; (ii) In case of functional exploration, the functional exploration room must have an area of at least 10 m2; In case of gynecological examination or examination of sexually transmitted diseases, the clinic must have an area of at least 10 m2; (iv) In case of performing occupational therapy, the room for exercise therapy must have an area of at least 20 m2; (vii) In case the dental maxillofacial clinic has more than 01 dental, the area of each tooth chair must be at least 5 m2; (viii) In case the specialty clinic uses radiation equipment (including dental X-ray equipment attached to the dental chair), it must reach the provisions of the law on radiation safety; (ix) In case an HIV/AIDS clinic that dispenses antiretroviral drugs (ARVs) must have a place to store that qualify the conditions prescribed by the Minister of Health.
• A separate sterilization area must be arranged for handling reusable medical instruments.
• Ensure the conditions for radiation safety, medical waste treatment, fire prevention and fighting according to the provisions of law.
• Having enough electricity, water and other conditions to serve and take care of patients.

2. Medical equipment

• Having enough medical equipment and instruments suitable to the scope of professional activities registered by the establishment.
• Having a box of anti-shock medicine and enough specialized emergency medicine.
• A health consulting clinic or a room providing health advice via technology and telecommunication is not required to have the medical equipment and instruments specified as in this part, but must have sufficient technology and telecommunication facilities suitable to the scope of registered activities.

3. Personnel

The person in charge of professional and technical expertise of a specialty clinic must satisfy the following points: (i) Being a doctor with a practicing certificate suitable to the specialize registered by the clinic; (ii) Having at least 54 months of medical examination and treatment in that specialize; (iii) Additionally, for the following the specialty clinic, the person in charge of professional and technical expertise must satisfy corresponding conditions as:

• Rehabilitation specialty clinic: being a certified doctor practice in the specialty of physical therapy or rehabilitation.
• Clinics, treatment and support for drug addiction: being a psychiatrist, a general practitioner with a certificate of training in psychiatry or a traditional medicine specialist with a certificate of training in psychiatry supporting drug addiction treatment by traditional medicine methods.
• HIV/AIDS clinic and treatment: being an infectious disease specialist or a general practitioner and having a certificate of training in HIV/AIDS treatment;
• Nutrition clinic: being a nutritionist or a general practitioner and have a certificate of training in the specialty of nutrition;
• A cosmetic clinic: being a plastic surgeon or a plastic surgeon;
• Orthopedic clinic: a doctor specializing in andrology or a general practitioner and has a certificate of training in andrology.

In addition to the person in charge of professional and technical expertise of the specialty clinic, other subjects working in the specialty clinic, if they perform medical examination and treatment, must have a practicing certificate and be assigned to work consistent with the scope of professional activities stated in his practicing certificate.

Contact us if you need further advice.

Note: This article is for informational purposes only and it is not a legal advice. The content of the article represents its own of TTVN Legal, it subject to change without prior notice.