Legal Liability of Clinics Employing Unregistered Foreign Doctors in Vietnam

1. The Expanding Regulatory Oversight on Foreign Medical Personnel

As Vietnam positions itself as an international healthcare hub, many private clinics and cosmetic centers recruit foreign medical practitioners to attract expatriate and affluent local patients. However, under Law No. 15/2023/QH15 on Medical Examination and Treatment and Decree No. 96/2023/ND-CP, employing foreign practitioners without complete statutory registration creates immense legal liability for medical facilities. The Vietnamese Ministry of Health (MOH) and local Departments of Health (DOH) have intensified unannounced inspections, targeting clinics that operate with unregistered foreign staff.

2. Statutory Requirements for Foreign Doctors Practising in Vietnam

To legally perform medical examination and treatment in Vietnam, a foreign practitioner must satisfy strict legal conditions:

• Practising Licence (Giấy phép hành nghề): Issued by the Ministry of Health or Provincial Department of Health after formal credential recognition.

• Language Proficiency Compliance: Foreign doctors must either demonstrate fluency in Vietnamese, register a certified medical interpreter, or hold recognized proficiency certificates in allowed foreign languages.

• Work Permit & Legal Residence: Compliance with Labor Law regulations regarding foreign workforce permits and valid residency visas/TRCs.

• Formal Registration of Personnel (Đăng ký hành nghề): The practitioner must be officially listed on the clinic’s operating license roster approved by the DOH.

3. Statutory Liabilities and Consequences for Non-Compliant Clinics

Clinic management must establish internal legal audit protocols before allowing foreign specialists to consult or perform procedures. Securing legal counsel ensures all credentials, translation certifications, and DOH roster updates are fully executed prior to clinical operations.