[FREE MEDICAL LEGAL CONSULTATION]

QUESTION:
Yes, hello sir/madam, please help me with this problem. I'm a traditional medicine doctor with a traditional medical certificate, now I'm applying for a job at a traditional medicine clinic that is in the process of setting up, the pk side told me to submit the original medical certificate, saying that according to the law, each doctor is at the top of each specialty in the clinic I have to pay the original CCHN, because I'm afraid I work here but it's against the law to rent a license somewhere else. So let me ask if this is correct! Thank you very much!

ANSWER:
Chào bạn, cảm ơn đã gửi câu hỏi đến MEDLAW. Liên hệ với câu hỏi và thông tin bạn cung cấp, MEDLAW có ý kiến tư vấn như sau:

According to the information you provided, the Traditional Medicine clinic you applied for a job requires you to submit the original practicing certificate. However, according to the provisions of Clause 1, Article 17 of the Labor Code 2019, when entering into and performing a labor contract, the employer is not allowed to keep the original diplomas and certificates of the employee. Therefore, the clinic must not keep the original of your Certificate of Practice. This act may result in a fine of between VND 20,000,000 and VND 25,000,000 and force the employer to return the original diplomas and certificates that have been kept (if violated).

In case you work at the clinic, the person in charge of professional and technical expertise of the clinic is responsible for carrying out the procedures for registration of medical examination and treatment practice, including the practice location, practice time, and function. your professional title. Therefore, the information related to your practice will be recorded and stored at the management unit that the clinic belongs to. If you perform the rental of a practicing certificate, this is an illegal act, so when the competent authority finds out, you will be handled in accordance with the law. Specifically, the act of leasing a medical examination and treatment practice certificate will be administratively sanctioned from VND 30,000,000 to VND 40,000,000, in addition, may also be subject to an additional penalty of deprivation of liberty. the right to use the medical examination and treatment practice certificate for a period from 22 to 24 months.

Specifically, the legal basis of your case is as follows:

– According to Clause 1, Article 17 of the Labor Code 2019 stipulates the behavior that the employer must not do when entering into and performing the labor contract.
1. Keep originals of employees' identity papers, diplomas and certificates.
According to Point a, Clause 2, Article 9 of Decree No. 12/2022/ND-CP providing for administrative sanctions in the field of labor
2. A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed on the employer who commits one of the following acts:
a) Keep the originals of identity papers, diplomas or certificates of employees when entering into or performing labor contracts;
According to Point d, Clause 3, Article 9 of Decree 12/2022/ND-CP stipulating administrative sanctions in the field of labor
3. Remedial measures
d) Forcing the employer to return the original identity papers; diploma; the employee's kept certificate, for the violations specified at Point a, Clause 2 of this Article;

– According to Article 13 of Decree 109/2016/ND-CP on registration of medical examination and treatment practice
1. The practice registration shall be made by the person in charge of professional and technical expertise of the medical examination and treatment establishment using the form specified in Appendix IV to this Decree.
2. Contents of practice registration:
a) Practice location: Specify the name and address of the medical examination and treatment establishment where the practice is registered;
b) Practice time: Specify the time of practice: Hours of the day, days of the week to practice at the medical examination and treatment establishment and to ensure reasonable travel time between places of practice of the practitioner. registered practice specified in point a of this clause;
c) The practitioner's professional title and position: The list of practitioner registrants must clearly indicate the title that the practitioner is assigned to assume is the person in charge of professional and technical expertise or the person in charge of the faculty or other professional positions held by the practitioner.
3. In case the practice registration list of a medical examination and treatment facility has a practitioner practicing at another medical examination and treatment establishment, the practice registration of such practitioner must clearly state the time period. time, location and professional position of the practitioner at that other medical examination and treatment establishment.

– According to Point đ Clause 7 Article 38 of Decree 117/2020/ND-CP stipulating penalties for administrative violations in the health sector
7. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for one of the following acts:
đ) Lending or lending medical examination and treatment practice certificates to others;
According to point d, clause 8, Article 38 of Decree 117/2020/ND-CP providing for penalties for administrative violations in the health sector
8. Additional sanctions:
d) Deprive the right to use the medical examination and treatment practice certificate for a period of between 22 and 24 months, for the acts specified at Points b, c, d and dd, Clause 7 of this Article;

The content of our consultation is based on the information provided by the Client, is for reference only and based on the legal provisions in force at the time of consultation. In case you ever need detailed consultation, please contact us directly for specific advice.

In case you ever need detailed consultation, please contact us directly for specific advice.

Here is our answer to the question. If you have a need for free legal advice, please leave a question on the group or message the Admin for answers.