To regulate suspending time of medical practitioner and medical facilities from practice for maximum 12 months

According to Circular No. 35/2013/TT-BYT dated October 30, 2013 of the Ministry of Health, when a medical facility commits medical errors or fails to satisfy one of the conditions prescribed in Article 43 of the Law on Medical examination and treatment; or when there is a lack of medical staffs suitable to their professional activities or lack of those who takes responsibility for technical skills of medical facility; or those who haven’t worked in medical facility for 36 months, part of or its entire practice shall be suspended.

The duration of practice suspension is written in the decision to suspend the medical facility from practice, depends on the nature and seriousness of the violations, the capacity for rectification of the medical facility, and shall not exceed 12 months.

After suspending for 12 months, if the practitioner fails to rectify the medical errors, the competent authority shall revoke the medical facility’s Certificate of operation or consider extending the suspension, but the total suspension and revocation duration shall not exceed 12 months.
If the medical facility fails to rectify the medical errors after 12 months, it shall has its operating license revoked in accordance with Article 5 of this Circular if its entire practice is suspended, or must apply for re-issuance of the operating license to change the scope of practice if part of its practice is suspended.

This Circular takes effect on December 15, 2013.