Circular 22/tt-Byt: Guide The Investment Of Foreign Countries In The Field Of Medical Examination And Treatment In Vietnam

Original Language Title: Thông tư 22-BYT/TT: Hướng dẫn việc đầu tư của nước ngoài trong lĩnh vực khám bệnh, chữa bệnh tại Việt Nam

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The CIRCULAR of the MINISTER of health guide the investment of foreign countries in the field of medical examination and treatment in Vietnam based on the law on foreign investment in Vietnam on 29/12/1987 and the law amending and supplementing a number of articles of the law on foreign investment in Vietnam on 23/12/1992 and Decree 18/CP 16/4/1993 of the Government regulation in detail the enforcement of the law on investment in Vietnam;
Ordinance base medical practice, pharmacy and Decree No. 06/CP on materialize some articles of the Ordinance on medical practice, pharmacy private;
To cooperate in scientific, technical, and economic exploitation of the foreign investment on the basis of examination of Vietnam. After obtaining the opinion of the State Committee for cooperation and investment in no. 1949/UB/LXT on 8/10/1994, the Health Ministry instructed the foreign investment in the field of medical examination and treatment in Vietnam as follows: chapter I GENERAL PROVISIONS article 1: foreign institutions are investing in the field hospital cure in Vietnam under the formula prescribed in article 4 of the law on foreign investment in Vietnam but encourage venture forms: hospital clinic venture venture business partnership on the basis of the contract of cooperation of medical engineering services.
Article 2:1. The object was to venture: the State's Hospital private hospital clinic, a specialist of the State polyclinics, specialists was established under Company Law.
2. The base doctor, healing of the State is the corporate units have legal personality was handed, works on the principle of self-independent accounting, financial responsibility and to preserve capital.
Article 3:1. The State Committee on investment cooperation and investment for basis of examination and treatment of foreign investment after the opinion agrees in writing to the Ministry of health.
2. After the evaluation, the Department of health will consider qualified certificates and conditions formed the basis of examination and treatment of foreign investment.
3. When there are qualified certificates and the conditions established by the Ministry of health, the basis of the treatment of foreign investment allowed new activities.
Article 4:1. After 12 months from the date the certification standards and conditions established patient base invested abroad, if the facility does not fulfill the provisions stated in the certificate or is not active then the opening will be revoked certificates.
2. It also snows there certificates worth 5 years from the date of issue. On expiry, the facility must submit the procedures to request the Ministry of health.
Article 5: the Ministry of Health implemented the function of State management expertise, ghiệp service and the quality of medical examination and treatment for the medical facility and treatment of foreign investment.
CHAPTER II CONDITIONS and CRITERIA ESTABLISHED PATIENT BASE to HAVE FOREIGN INVESTMENT article 6: the establishment of the basis of the examination of foreign investment is based on the needs identified by the Ministry of health based on the planning examination network organization and serving object.
Article 7:1. The basis of the examination of foreign investment must have the qualified executives, technical staff of qualified and have sufficient capital needed.
2. The standard of Director consultation basis have invested abroad are as defined in paragraph a of section 1 of part II of circular No. 7/BYT-TT on 30/4/1994 of the Ministry of health guidelines on private medical practice. If the Director of the facility is the alien foreign doctors degree, the Minister of health to review the decision to allow practise in Vietnam.
Article 8:1. The basis of the treatment of foreign investment to ddb is the diagnostic method, treatment, care, modern classics with high quality, safe for the patient.
2. The basis of examination and treatment of foreign investment must have proper infrastructure architecture, equipment, modern medical instruments meet the needs bd quality.
CHAPTER III PROCEDURES and COMPETENCE CERTIFICATION STANDARDS and CONDITIONS ESTABLISHED PATIENT BASE INVESTED ABROAD article 9: Certification applicants eligible and conditions established the basis of examination and treatment of foreign investment capital to send to the Ministry of health , in profile to the opinion agrees with the text of the Department of health, the central city where the basis of examination and treatment of foreign investment.
Article 10:1. Application for certification must be in accordance with the provisions of point b, paragraph 1, article 24 of the Ordinance on medical practice, a private pharmacy if the base doctor, cure to joint venture contract treatment joint venture or contractual cooperation of medical engineering services.
2. Contract clinical venture must clearly be nationality, address, authorized representatives of the parties, where the venture, the scale, structure, which of the parties object, service, financial, interpretation of the scope of technical activities, navigation equipment, medical instruments and the commitments of each party.
3. The contract of cooperation of medical engineering services must clearly state the content of medical technical services that both sides cooperate, the obligations, rights of each party to ensure that the service quality of medical techniques.
Article 11:

1. Minister of health certification qualifies and conditions established patient base invested abroad.
2. To assist the Minister of health, has "base evaluation board examination have foreign capital" with the participation of representatives Of the medical society of Pharmacology, Vietnam, the first specialist professional disciplines, Director of the Council's treatment.
CHAPTER IV RIGHTS and OBLIGATIONS of the BASIS of the EXAMINATION of FOREIGN INVESTMENT article 12: rights and obligations of the basis of the examination of foreign-invested and who practice in the clinical facility invested abroad under the provisions of article 17, article 19 Ordinance on medical practice private pharmaceutical, and article 16 of Decree No. 06/CP of the Government on a number of things materialize in the Ordinance on medical practice, pharmacy.
Chapter V CHECK, INSPECT and HANDLE BREACH article 13: patient establishments, healing of the foreign investment is subject to check, inspect periodically extraordinary Ministry of health, the Department of health, the central city in the seat.
Article 14: State health inspectors have the right to inspect the observance of the provisions of this circular, the professional rules on medical engineering, drug consultation facility for the treatment of foreign investment.
Article 15: in the course of inspections, health inspectors have the right to: ask patient base, cure has invested abroad to provide necessary documents related to the content and create the conditions for health inspectors enforce the duty.
Processed under the authority or the recommendations of competent State agencies processing the violation under the provisions of the law.
Article 16. The base doctor, cure has invested abroad must accept the decision of the medical inspectors have the right to complain under the provisions of the law on complaints and denunciation. The decision of the Minister of health is the ultimate decision about the settlement of complaints and denunciations in the professional fields of medicine, pharmacy.
Article 17.
Basis of examination and treatment of foreign investment if there is no eligible certificates and conditions established by the Ministry of health, the practice of the professional range specified in the certificate, violated the professional rules of the medical engineering, pharmacy or violating the provisions of this circular, then depending on the level of violation will be dealt with according provisions of the law.
The Ministry of health allocated for treatment combined with Office and Service related to the Organization, guiding the implementation of this circular.
Article 19.
This circular is effective from the date of signing. The previous provisions to the contrary set forth in this circular are cancelled.
GUIDE to SOME ELEMENTS of FOREIGN INVESTMENT PROJECTS in the FIELD of MEDICAL EXAMINATION and treatment in VIETNAM (attached to circular No. 09/TT-BYT on 29 December 1994 the Ministry of health) i. INVESTMENT FORM: joint-venture hospital clinic business cooperation venture on the basis of technical service contracts for medical consultation facility healing, there are 100% foreign owned.
II. scope of OPERATION scale of hospital, clinic mission, functions and techniques mostly applied in patient treatment.
Patient organization object, activity, operator.
III. LOCATION, LAND USE description of location, land use with the full legal text.
Are the people's committees, the central cities of acceptance.
IV. INVESTMENT CAPITAL 2 million minimum clinic specialty clinics USD 1.000.000 USD minimum minimum hospital 20 million USD.
V. MACHINERY and technical equipment catalog application example with modern medical, high technology level quality assurance examinations, cure.
VI. The CONTRIBUTION of the FRENCH SIDE of VIETNAM TIGHTEN not less than 30%, in the course of business, Vietnam party is entitled to buy back the shares of the foreign countries on the basis of the agreement.
VII. CONSULTATION RATES, cure Rates must match on the basis of the adequacy of the cost to the patient.
The selection, use and pay for the Vietnam to labor contract basis and in accordance with the provisions of the law of Vietnam.
VIII. TIME the INVESTMENT for the project scale under 20 million USD the maximum age of 20 years.
For the project to scale from 20 million USD over a maximum period of 30 years.
Case active duration ends, if the foreign party to transfer the property to the Vietnam without demanding compensation, the time limit may be extended five more years than specified above. The very large scale projects, the time limit may be reviewed.
IX. The TAX follow the law of Vietnam.
X. ENVIRONMENTAL PROTECTION take measures of hospital waste to protect the environment. The OTHER ISSUE The compensation, clearance should be calculated into account private capital contribution or by foreign parties, or of Vietnam, or the cost of medical treatment facility was established, not on the value of land use due to side Vietnam capital contribution or land rents paid to the State.
The full implementation of the provisions of the Finance Ministry, the State Bank of Vietnam about depreciation, audit mode, open accounts, managed Forex.

The project must have the comments of the Department of health, the central cities, the approval of the people's Committee of the central cities, accompanied by recommendations on land and the land.
To have the minutes reviews Vietnam party assets put into capital contribution (if any capital contribution by the State property).

The Ministry of health No. 9550/Đtr SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness Hanoi on 29 December 1994, the QUESTION of FOREIGN CAPITAL INVESTMENT in the FIELD of EXAMINATION (EXAMINATION) of the PHILIPPINES 1. Company/organization/foreign individuals called foreign parties intend to invest capital into the field hospital in Vietnam.
1.1. Name of the company, the representatives or exposure, representative office in Vietnam.
1.2. Introduction about the company, origin, capital, resources (resources), power capabilities of the company.
2. the foreign party's partners called the Vietnam party 2.1. If there were: specify the name of the clinic, hospital, organized by State or collective, private. Address, contact person.
2.2. If Yes: suggestions, search suggestions, introduction.
3. The two sides were in contact, Exchange, negotiate or have a memorandum of business cooperation or had established application sent to a level of Government of Vietnam yet (the State Committee for cooperation and investment-SCCI, Ministry of health, Department of health, the provincial people's Committee ...).
4. investment objectives: technical cooperation, business or both 4.1. Fields of investment: outpatient clinics, specialist, 1 Faculty of clinical rooms Division, paramedical BV.
The hospital medical services related to the patient such as counseling, communications, medical services, trade, aid, repatriation, membership cards, health insurance ...
4.2. Benefits social investment ...
The QA (quality assurance) in terms of professional training and management, updated knowledge on the economic side.
5. Form of investment 5.1. Service contract (contractual business co. operation) 5.2. Agreement JV (joint venture) established the basis for EXAMINATION of venture: clinic, Department of Defense Department of BV, BV venture ...
5.3. examination facility has 100% foreign capital investment by foreign party responsible management and no contract of cooperation.
6. Name of examination facility venture by Vietnamese, English or foreign locations.
7.7.1 examination subjects. Ingredients: foreigners who travel to Vietnam, alien to the short/long term work in Vietnam and their families.
The Agency, foreign representative offices and Government institutions and not the Government.
Vietnam people settled abroad who work in Vietnam, the organs, organizations, enterprises or joint ventures.
The Vietnam voluntarily ...
7.2. Analysis of the structure, the ratio, component objects on, if possible.
8. the base scale venture 8.1 number of examinations, outpatient/inpatient hospital bed Number 8.2 years (priority projects start small scale about 50 beds have expanded development direction, large scale later on).
9. The task of the joint venture functions 9.1. Clinical services contract with Vietnam-party recommendation 9.2 consultation, treatment, outpatient services, inpatient, preventive, management.
9.3 The training services, training, scientific research.
10. Organization of rooms scientific basis of clinical ventures (oraganizational structure).
11. Organization of business management (corperate organization chart).
12. home base the design, floor area, land use, the average m2/bed?
Restoration priorities improving combined to build new hospital or a hospital with interior parts are foreigners accept.
Or build completely new.
13. The scope of engineering investment priorities 13.1 13.2 The labo Imaging standard formula (referance laboratory) Hematology, chemistry, clinical bacteria.
13.3. The diagnosis, treatment and intensive care that the Hospital of Vietnam have not yet been implemented or have been implemented but need to complete advanced surgery such as endoscopic techniques through diagnosis, treatment, care, especially about cardiology, catheterization, coronary artery interventions taken (angiography), emergency resuscitation, forming blood vessels, (angioplasty), cranial nerve surgery.
Ultrasonic lithotripsy in vitro conception.
blood banks 13.4 13.5 13.6 oxygen, sterilization Center means remote diagnosis (Telemedical facilities).
14. list of specialized equipment mainly to meet the demand on technical treatment of the patient base.
Sample code, brand, manufacturer, producer prices of the equipment in accordance with the quality and the price on the world market, to select a contractor. Do not use old equipment used.
15. environmental protection waste treatment: methods, processes waste water treatment.
16. Activities of the clinical basis Of outpatient visits/year number of inpatient days/year capacity On average treatment used.
17. the funding mechanism collect money services (services hfees) Currency through Collecting hospital charges medical insurance (hospital fees) Do patients pay directly in cash or credit. The patient, family or home workers charged. Or because the company signed a service contract with the hospital to pay for the service.
18. the expected Service Price, the price on the bed by specialists, medical tests: price

Comparison of the clinical basis for the price of the water in the area.
The ability to compete with other countries in the region.
19. Which of the basis examination (converted to USD) 19.1 total investment capital of $ clinical facility in which: a. Fixed Capital + USD + $ b working capital. Including capital USD If the venture is Vietnam party contribution of USD foreign party contribute USD loan of USD 19.2 equity loans : So who venture lending and interest rates expected 20. The ratio of the number of employees compared to the hospital bed of a hospital or clinic employee number (if the clinic).
Structural components of employees according to position, according to people in the country or outside the country.
Salaries and allowances of every kind.
21. Analysis of the use of the capital value of land use construction of USD USD USD USD interior equipment training USD USD initial working capital project Capital USD total: USD 22. A breakdown of the financial activities of the joint venture facility (analysis offinancing activities).
The Board of estimate interest rate losses (projected income statement) 23. Payback time of 24. The recommendations proposed.