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Circular 35/2013/tt-Byt: Rules Regarding Certificate Revocation Of Practice, Active Licenses And Suspend The Professional Activities Of Practitioners, Patient Base, Healing

Original Language Title: Thông tư 35/2013/TT-BYT: Quy định về thu hồi chứng chỉ hành nghề, giấy phép hoạt động và đình chỉ hoạt động chuyên môn của người hành nghề, cơ sở khám bệnh, chữa bệnh

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MINISTRY OF HEALTH
Number: 35 /2013/TT-BYT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, October 30, 2013

IT ' S SMART

Regulations on the return of employment certificate, operational license, and professional operating suspension.

of the occupiers, the basis of disease, healing.

____________________________

The School of Law Discovery, healing November 23, 2009;

Base of Protocol 63 /2012/NĐ-CP August 31, 2012 of the Government stipulated the function, mandate, jurisdiction and organizational structure of the Ministry of Health;

On the recommendation of the Director of the Bureau of Management, the treatment,

The Minister of Health for the Health Department of the Ministry of Health provides provisions for the return of practice certificates, operational permits, and the suspension of professional activities of the practitioners of the practice, the basis of the disease, the treatment.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This message rules:

1. The procedure for the recovery of the certificate of practice, the permit for the operation to examine the disease, cure the disease (later abbreviated as a functional permit).

2. The cases are partially suspended or the entire professional activity of the practitioners of the practice of the disease, healing (later abbreviated as a practice person) and the basis of disease, healing.

3. Procedulations, time of suspension of part or the entire professional activity of practitioners and facilities of the disease, healing.

What? 2. Subject and scope applicable

1. This information applies to:

a) The occupiers, the medical examination facility, the treatment of the jurisdiction of the Ministry of Health, the Department of Health, the Central City of the Central Committee (later known as the Department of Health)

b) The practice is by the Ministry of Defense of the Department of Defense, but registered as an administrative officer at the facility of the disease, which is not under the jurisdiction of the Ministry of Defense;

c) The basis of disease, treatment in the entire country (except for the examination facilities, the treatment of regulation at the Point 2).

2. This message does not apply to:

a) A violation of the conduct of the occupiers, the basis of the disease, the treatment of the dismay of use of an action certificate or operating permit or suspended by the law of the law of administrative violation;

b) The person with a certificate of practice practice by the Ministry of Defence is in practice at the facility of the disease, healing of the jurisdiction of the Department of Defense;

c) The facility of the disease, the treatment of the jurisdiction of the Ministry of Defense.

What? 3. Explain words

1. Suspended part of the professional activity of the occupiers. is the practice of not being able to do one or some specialized technical expertise in the scope of professional activity in the practice of the practice of that practice.

2. Suspension of the entire professional activity of the practice. is the practice of not being able to perform any specialized technical expertise in the scope of professional activity in the practice of the practice of that practice.

3. Suspension of part of professional activity on the basis of the disease, healing is the basis of the disease, healing not being done one or a number of specialized techniques within the scope of professional activity in a permit to operate or suspend the entire professional activity of one or some faculties, the clinic of the clinic, It's healing.

4. Suspension of the entire professional activity of the medical examination facility, healing It ' s the basis of the disease, it ' s not done with any disease, it ' s treating the disease, it ' s a specialized range of activity in the operational license of the clinic, it ' s treating the disease.

Chapter II

PROCEDURE OF RECOVERY CERTIFICATE, CERTIFICATE OF OPERATION, MEDICAL TREATMENT

What? 4. The procedure for recovery certificate

1. When detected one of the cases of regulation of regulation at paragraph 1 Article 29 The Law of Inquisology, healing, the recovery procedure is done as follows:

a) The authority of the authority stipulated in paragraph 1, paragraph 2 Article 26 The Law of the disease, the treatment of the decision to revoking the certificate of the prescribed profession in accordance with the prescribed form at Annex 1 of this Information;

b) During the 5-day period of work, since the date of receiving a decision to revoking the certificate of practice in the receiving mark of the post office, the officer must submit the original certificate of practice to the state agency whose authority has made the decision to recover.

The body case of the decision to recall is not the agency that has issued a certificate of practice for the occupiers, and it has to be written to the authorities that the authorities have issued a certificate of practice for the practice.

c) The agency decided to recall posting information about the recall of a certificate of medical examination, treatment on the gate or electronic information pages of that agency.

2. The case of breach of regulation at the point of D 1 Article 29 The Law of the Disease, healing, before making the procedure specified at Clause 1 This must have the Periodic Council's conclusions specified in Article 74, Article 75 The Law of the Disease, the treatment of the disease. The practice of having serious expertise in engineering has serious consequences for health, human life.

3. The Minister of Health authorized the Director of the Health Department to revoking the practice of practice on the case of a certificate of conduct by the Minister of Health or the Department of Health, the other Central City, but has a medical treatment. The disease is at the clinic, treating the disease on the site of management and the notice of the competent authority that has issued a certificate of practice for that practice.

What? 5. The procedure to revoking the operational license of the medical examination facility, healing

1. When detected one of the cases of regulation of regulation at paragraph 1 Article 48 The Law of Inquisology, healing, the recovery procedure is done as follows:

a) The authority has jurisdiction in Clause 1, Clause 2 of Article 45 of the Treatment of the Disease, the treatment of the decision to revoking the license to be revoked by the prescribed form at Annex 2 of this Information;

b) During the 5-day period of work, since the date received the decision to revoking the permit operation by the post office, the medical examination facility, the treatment required to submit the original license to the authorities of the state agency, has decided to recover;

c) The agency decided to recall posting information about the recovery of the disease operation, treating the disease on the gate or the electronic information page of that agency.

2. The case of breach of regulation at the point b 1 Article 48 The Law of the Disease, cure, prior to the procedure of regulation at Clause 1 Article, there must be a conclusion of the examination of the agency with the authority to determine the basis of the disease, which is not sufficient. Prescribed in accordance with Article 43 of the Law of Diseases, healing.

Chapter III

THE SUSPENDED CASES ARE ONLY PARTLY OR THE ENTIRE PROFESSIONAL ACTIVITY OF THE PRACTITIONERS AND THE MEDICAL EXAMINATION FACILITY, HEALING.

What? 6. The practitioners of the practice are suspended in part or the entire professional activity due to technical expertise.

1. The occupiers violated one of the regulations at Clause 1 Article 73 The Law of the Disease, which is to treat the disease, but has not caused serious health consequences, and the disease is so sick that it has to be revoked in accordance with the prescribed profession at the point of Article 1 Article 29. of the Law of Discovery, the treatment of the disease, is suspended in part or the entire professional activity.

2. The level of technical misconduct by the Professional Council stipulated at Article 74, Article 75 The Law of the Disease, the treatment of the disease, and the basis for the authority to have the authority to decide on a partial or all of its professional activities. I don't know.

What? 7. The basis of medical examination, healing is suspended in part or full of professional activity.

1. The basis of the disease, the treatment of medical expertise or not ensuring one of the conditions stipulated at Article 43, the treatment must be suspended in part or the entire professional activity.

2. The degree of technical errors in the technical expertise of the medical examination facility, which is treated by the Specialization Council at Article 74, Article 75 The Law of the Disease, the treatment of the disease, and the basis for the authority to have the authority to decide on a partial or an entire professional operation. The body of the clinic, healing.

3. The basis of the disease, healing is suspended in part or the entire professional activity in the following cases:

a) The suspension of the entire professional activity when not to guarantee the entire one of the conditions of scale, facilities or medical equipment or organization, personnel by regulation at the Digital Information Service (s). 41/2011/TT-BYT November 14, 2011, by the Minister of Health, the Minister of Health guidelines for a certificate of practice to the person of the profession and the licensing of operations on the basis of the disease, healing;

b) The suspension of a portion of the professional activity when not guaranteed one of the conditions stipulated at Article 43, the treatment of the disease, but not under the specified cases at the point of this clause.

Chapter IV

PROCEDURE, TIME OF SUSPENSION OF PART OR THE ENTIRE PROFESSIONAL ACTIVITY OF THE PRACTITIONERS AND THE FACILITY OF EXAMINATION, HEALING.

What? 8. The procedure to suspend part or the entire professional activity of the practitioners.

1. When the case is detected in violation of regulations at Article 6 of this Smart, the procedure of a partial or all of the professional activity of the practitioners of the profession is performed as follows:

a) The Minister of Health authorized the Director of the Bureau of Management, curing the decision to suspend a part of the professional activity on the case of the practitioners of the practice of disease, healing practices at the facilities of the disease, medical treatment of the ministry, and other areas. ministry, the other sector according to the prescribed form at Annex 3 of this Information;

b) The Minister of Health authorized the Director of the Department of Health to decide to suspend part of the professional activity on the case of the practitioners of the practice by the Minister of Health or the Minister of Defense or by the Department of Health, the other Central City of China. It ' s a practice, but there ' s an activity, but there ' s a disease, a medical exam, a medical clinic, a treatment facility, except for a prescribed case at Article 3, and a written report on the authority of the authorities has issued a certificate of practice for the practice. That ' s the prescribed pattern at the Third Annex of this Information.

c) The case of a decision-making body is not the agency that has issued a certificate of practice for a skilled person, it has to be written to the authorities that the authorities have issued a certificate of practice for that practice.

d) The decision to suspend a partial or entire professional activity of the executive posted information about the suspension of the professional activity of the occupiers on the gate or the electronic information page of that agency.

2. Before implementing the regulation procedure at Clause 1 Article, there must be a conclusion about the fact that practitioners have errors in the technical expertise of the Council of Experts stipulated at Article 74, Article 75 The Law of the Disease, the cure.

What? 9. The procedure suspended part or the entire professional activity of the medical examination facility, healing patients.

1. When the case is found in violation of the provisions of this Article 7, the procedure of suspension of only one part or the entire professional activity of the medical examination facility, the treatment is done as follows:

a) The Minister of Health delegated to the Bureau of the Bureau of Management, curing the decision to suspend a part of a professional operation on the basis of medical treatment, medical treatment of the Ministry of Health or other ministries, the other according to the prescribed form at Annex 4 of the Information. Hey.

b) The Department of Health has decided to suspend the specialized operation of the medical examination facility, cure the disease according to the prescribed pattern at Annex 4 of this Information;

c) The case of a suspension of the suspension of the suspension was not the agency that granted the operating license to the medical examination facility, it would have to have a written notice for the state agency to have the authority granted a permit to operate for the clinic, cure it;

d) The agency decided to recall posting information about the suspension of the expertise of the examination facility, treating the disease on the gate or the electronic information page of that agency.

2. Before implementing the regulation procedure at Clause 1 Article, there must be a conclusion of the Council of Experts under the Regulation at Article 74, Article 75 The Clinic Law Clinic, cure or Test Corps of the Authority has the authority to determine the basis of the disease, which is not sufficient. The conditions are regulated at Article 43, the Law of Diseases, and the Treatment of Disease.

What? 10. The time of the suspension of part or the entire professional activity of the practitioners, the basis of examination, healing

1. The time of the suspension of part or the entire professional activity of the occupiers:

) The time of the suspension of professional activity is recorded in the decision to suspend the professional activity of the executive at the property, the extent of the violation and the ability to overcome the occupant but maximum not more than 24 months.

b) The case of an occuper suspended from professional activity for less than 24 months: if it is too time to suspend the professional error, the state agency has the authority to consider a decision to renew a partial suspension. Or the entire professional activity of the occupiers but the total time of suspension and duration of the suspension of maximum suspension is not more than 24 months or considering the decision to revoking the procedure of practice under the regulatory procedure at Article 4.

c) The execution of a person who had been suspended for 24 months: if enough time the 24-month suspension was not able to overcome technical expertise, the practice of being suspended for a professional operation was suspended. The practice of pursuing a procedure in accordance with the procedure stipulated in Article 4; for practitioners who are suspended for a part of professional activity, apply for a certificate of practice to change the scope of professional activity.

2. The time of the suspension of part or the entire professional activity of the examination facility, healing:

a) The time of the suspension of professional activity is recorded in the decision to suspend the expertise of the pathology of the examination facility, cure the disease based on the properties, the extent of the violation behavior and the ability to rectify the examination facility, cure the disease but the maximum is not too much. 12 months.

b) The case of a medical examination, the treatment of the disease suspended from professional activity under 12 months:

If it is too time to suspend the disease, the treatment has not been subject to professional error, the state agency has the authority to review the decision to renew the time of the suspension of a partial or the entire professional activity of the clinic, treating the disease. But the total suspension and duration of the suspension of the suspension is less than 12 months or considering the decision to revoking the procedure in accordance with the regulatory procedure at Article 5 of this message.

c) The case of a medical examination, the treatment of the disease suspended for 12 months:

If enough time is a 12-month suspension, the treatment facility, which is not able to overcome technical expertise, and the treatment facility, the treatment of the disease suspended all the professional activity must be revoked in accordance with the procedure. in this Article 5; for a medical examination facility, the treatment of the disease suspended part of the professional activity must be required to reapply the operating license to change the scope of professional activity.

What? 11. Procedulations allow the practice to continue to practice medical examination, healing after being suspended from professional activity.

1. The recommended profile allows the occupiers to continue professional activities including:

a) The proposed application is continued to practice the disease, treating the disease according to the prescribed pattern at Annex 5 issued by this message;

b) A copy of the practice certificate;

c) The report of the remediation of the technical expertise of the skilled practitioners;

d) The Certificate of Continuous Medical Knowledge with a professional expertise related to the error of professional expertise in the time of the suspension of professional activity;

The copy of the certificate of labour permits by the state agency to have jurisdiction over Vietnam's labour on the occupiers is foreign, the Vietnamese settled abroad.

2. The procedure allows the occupiers to continue to practice disease, healing:

a) The practice of sending 1 of the prescribed records at Article 1 This article on the state agency has the authority to decide whether to suspend professional activity;

b) After receiving the case, the state agency has the authority to submit to the executive to accept the prescribed record at Annex 6 issued by this message;

c) In the 10-day period since the date of the record on the Record Reception, the state authority has the authority to conduct a case appraisal. The case case is not valid, the case reception agency must have a text message to the occupiers to complete the profile, which must specify the document to be added, the contents need to be modified. After receiving additional records, the state agency has the authority to submit to the Executive Officer receiving additional records as prescribed at Annex 6 issued by this message; the case case is still not valid, the state agency has the authority to continue. required additional occupiers until the completion of the case;

d) In the 20-day period since the date of receiving a valid record of writing on the Vote recepts, the state agency has the authority to make a decision to allow the occupiers to continue professional activities; otherwise allow the occupiers to continue operating. The expert must have a written answer and specify a reason.

The decision to allow the occupiers to continue to operate specialized information about allowing the occupiers to continue to operate expertise on the gate or electronic information pages of that agency and have a notification text for the agency. State authorities have issued a certificate of practice for the occupiers in the event that the agency has decided to allow the practice to continue professional activities that are not the agency that has issued a certificate of practice for that practice.

What? 12. Proceduring for the facility to examine the disease, healing continues to operate the disease, treating the disease after being suspended from technical expertise.

1. The recommended profile allows the facility to examine the disease, healing continues to specialize in expertise including:

a) The proposed application is continued to operate the disease, treating the disease according to the prescribed pattern at Annex 7 issued by this message;

b) The report on the submission of technical expertise to technical expertise or measures has taken to ensure the conditions of regulation at Article 43 Law of the discovery, healing, and related materials;

c) The copy has a certificate of operation of the disease facility, healing.

2. The procedure allows the facility to explore, healing continues to specialize in specialized activity:

a) A medical clinic, treating a patient to send a prescribed 1-Article 1 of Article 1 of the state agency has the authority to decide whether to suspend professional activity;

b) After receiving the case, the state agency has the authority to send to the facility of the disease, curing the check to receive the prescribed record at Annex 8 issued by this message;

c) In the 10-day period since the date of the record on the record reception, the state agency has the authority to conduct a case appraisal. The case case is not valid, the file reception agency must have a text message for the examination facility, cure the disease to complete the case, which must specify the additional documentation to be added, the contents need to be modified. After receiving additional records, the state agency has the authority to send for a medical examination facility, curing the patient to receive additional records as prescribed at Annex 8 issued by this message; the case case is still not valid, the state agency has jurisdiction over the issue. continue to require the facility to examine the disease, heal the supplements until the completion of the case;

d) In the 20-day period since the date of receiving a valid record of records on the ballot, the state agency has the authority to make a decision to allow the facility to examine the disease, the treatment of continuing professional activity; if not allow for the continued active operation. You have to have the text to answer and specify a reason.

In the case of necessity, the agency recepts the case to the task force to append technical expertise or the measures taken to ensure the operational conditions of the clinic, healing.

) The decision to allow the facility to examine the disease, healing continues to operate professionally on information about allowing the facility to examine the disease, cure the disease that continues to operate expertise on the gate or the electronic information page of that agency and has a written text. announced that the state agency had the authority granted operational permits to the clinic, treating it in case the agency had decided to allow the facility to examine the disease, treating the disease that continued to work professionally not the agency that had issued a license. Works for the clinic, cure the disease.

Chapter V.

THE RESPONSIBILITY OF THE EXAMINATION FACILITY, HEALING AND THE PRACTICE OF EXAMINATION, HEALING.

What? 13. The responsibility of the examination facility, healing

1. As soon as the decision to revoking the operational license is valid, the basis of the disease, healing must perform the following content:

a) Not to perform an autopsy, cure the disease in all forms;

b) Direct management agency report on the number of people who are sick, the condition of the disease and the plan, the method of transferring the disease to the facilities of the disease, healing other conditions to continue to examine and treat the sick;

c) There is a responsibility to organize and implement the life-safety assurance methods for the sick and the transfer of the person who is currently exploring and treatment at the facility to the facility of the disease, healing other diseases that are eligible to continue to examine and treat the sick;

d) During the 5-day period of work since receiving a recall decision, the head or legal representative of the medical examination facility, the treatment is responsible for submitting the origination of the operating license to the competent authority that has decided to recover.

2. As soon as the decision to suspend professional activity is valid, the basis of the disease, healing must perform the following content:

a) Not to perform an examination of the disease, cure at the decision of the competent organ;

b) The direct management agency report on the number, the condition of the disease, the safety of the safety of the disease, and the plan to transfer the disease to the facilities of the disease, to treat other diseases to continue examination and treatment of the sick;

c) There is a responsibility to organize and implement life-safety assurance methods for the sick or to transfer the person who is currently exploring and treating at its facility to a medical examination facility, healing other diseases that are eligible to continue to examine and treat the sick.

What? 14.

1. As soon as the decision to revoking the effective practice certificate, the occupiers must perform the following content:

a) Not to practice disease, to treat diseases in all forms;

b) The case at the time of receiving a decision to revoking the certificate of practice, the person who practice is having the sick person due to his care, the treatment must be responsible for introducing or transferring people to the examination facility, healing other conditions. Hearing and treatment to ensure health safety, life for the sick;

c) During the 5-day period of work since receiving a recall decision, the person of the profession is responsible for submitting the origination of the certificate of practice to the competent authority that has made the decision to recover.

2. As soon as the decision to suspend professional activity is valid, the practice must perform the following content:

a) Not to practice a medical examination, treatment with regard to the scope of professional activity suspended by the decision of the competent authorities;

b) The case at the time of receiving a decision to suspend professional activity, practitioners who are having a sick person due to their care, treatment must be responsible for introducing or transferring people to the clinic, treating other diseases with sufficient conditions. Continue to examine and treat health safety, life for the sick.

Chapter VI

EXECUTION CLAUSE

What? 15.

This announcement came into effect on December 15, 2013.

What? 16. The reference clause

The case where the text that is shown in this message is replaced or modified, supplemated by the text that has been replaced or modified, added.

What? 17.

Chief of the Department, Chief Inspector, Chief of the Department of Management, Department of Management, Department of Medicine, Department of Medicine, Department of Medicine, The Chief, Director, General Secretary, Department of Health, Director of the Department of Health, Head of the Department, Department of Health, Department of Health The central city, the Central City and the Chief Health Authority of the Ministry of Health, Industry and Industry, is responsible for this private practice.

In the course of execution, if there is difficulty in the problem, the units, the local report on the Ministry of Health to study, solve.

Minister.

(signed)

Nguyen Thi Kim