Circular No. 35/2013/TT-BYT dated October 30, 2013 of the Ministry of Health on revocation of practicing certificates, operating licenses and suspension of medical practitioners and medical facilities from practice

 THE MINISTRY OF HEALTH

Circular No. 35/2013/TT-BYT dated October 30, 2013 of the Ministry of Health on revocation of practicing certificates, operating licenses and suspension of medical practitioners and medical facilities from practice

Pursuant to the Law on Medical examination and treatment dated November 23, 2009;

Pursuant to the Government's Decree No. 63/2012/ND-CP dated August 31, 2012 defining the functions, tasks, powers and organizational structure of the Ministry of Health;

At the request of the Director of the Department of Medical Services,

The Minister of Health promulgates a Circular on revocation of practicing certificates, operating licenses, suspension of medical practitioners and medical facilities from practice.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular deals with:

1. The procedure for revoking practicing certificates and licenses to provide medical examination and treatment (hereinafter referred to as operating license).

2. The cases in which part of or the entire practice of medical practitioners (hereinafter referred to as practitioner) and medical facilities is suspended.

3. The procedure and duration of suspension of part of or the entire practice of practitioners and medical facilities.

Article 2. Regulated entities

1. This Circular is applicable to:

a) The practitioners and medical facilities under the management of the Ministry of Health and Services of Health.

b) The practitioners whose practicing certificates are issued by the Ministry of National Defense but working at the medical facilities that are not under the management of the Ministry of National Defense;

c) The medical facilities nationwide (except for the medical facilities mentioned in Point c Clause 2 of this Article).

2. This Circular is not applicable to:

a) Violations committed by practitioners and medical facilities whose practicing certificates or operating licenses are revoked, or whose practice is suspended as prescribed by legislation on handling administrative violations;

b) The practitioners whose practicing certificates are issued by the Ministry of National Defense and working at the medical facilities under the management of the Ministry of National Defense;

c) The medical facilities under the management of the Ministry of National Defense.

Article 3. Interpretation of terms

1. Suspension of part of the practice of a practitioner means the practitioner being prohibited from performing one or some of the medical procedures written in his practicing certificate.

2. Suspension of the entire practice of a practitioner means the practitioner being prohibited from performing all of the medical procedures written in his practicing certificate.

3. Suspension of part of the practice of a medical facility means the medical facility being prohibited from performing one or some of the medical procedures written in its operating license or having the entire operation of one or some of its departments or wards suspended.

4. Suspension of the entire practice of a medical facility means the medical facility being prohibited from performing all of the medical procedures written in its operating license.

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