[HEALTH LAW ARTICLE]

Currently, the situation of renting medical practice certificates, auctions, lawyers, notaries... is increasingly popular and tends to increase, especially in the medical field. Hiring to borrow a practicing certificate is against the law and may affect the health and life of people. Therefore, according to Article 38 of Decree 117/2020/ND-CP, this act can be administratively sanctioned in accordance with the law. Therefore, clinics and practicing certificate holders should be careful not to perform the above behavior to avoid unfortunate legal consequences.

As follows:

According to Article 12 of Decree 109/2016/ND-CP stipulating the principles when registering to practice, according to which, practitioners are not limited to work in enterprises and establishments inside and outside the health sector.

According to Clause 3, Article 1 of Circular 41/2015/TT-BYT, full-time medical examination and treatment practitioners must have a continuous working time of at least 8 hours/day during the operation period in which the medical examination and treatment establishment is operating. registered treatment.

According to Article 38  Decree 117/2020/ND-CP on penalties for violations against regulations on practice and use of practice certificates of medical examination and treatment practitioners as follows:

• In case a practitioner registers to practice at the same time at different medical examination and treatment establishments, the total overtime working time exceeds the provisions of the Labor Code; Practitioners who practice their practice not on time as approved by a competent authority will be subject to a fine of between VND 3,000,000 and 5,000,000 according to Point a, Clause 4, Article 38 of this Decree.
• In case the practitioner takes professional and technical responsibility from two or more medical examination and treatment establishments, a fine of between VND 5,000,000 and 10,000,000 according to Point h, Clause 5, Article 38 of this Decree. Accordingly, this act is also subject to the additional sanction of deprivation of the right to use the medical examination and treatment practice certificate for a period of from 01 to 03 months.
• In case the practitioner takes professional and technical responsibility from two or more medical examination and treatment establishment, a fine of between VND 5,000,000 and 10,000,000 according to Point h, Clause 5, Article 38 of this Decree. This act is also subject to the additional sanction of deprivation of the right to use the medical examination and treatment practice certificate for a period of from 01 to 03 months.
• In case of leasing or borrowing the medical examination and treatment practice certificate to others for practice, a fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed according to the provisions of Point dd Clause 7 Article 38 of this Decree. In this case, the tenant is also sanctioned with the same fine. Accordingly, this act is also subject to the additional sanction of deprivation of the right to use the medical examination and treatment practice certificate for a period of between 22 and 24 months and forced to pay back the illegal profits obtained. due to the commission of the offence.