MINISTRY OF HEALTH | THE SOCIALIST REPUBLIC OF VIETNAM |
No. 02/2024/TT-BYT | Hanoi, March 12, 2024 |
CIRCULAR
ON ISSUANCE OF CERTIFICATES OF TRADITIONAL MEDICINE PRACTITIONER, CERTIFICATES OF HOLDERS OF FAMILY REMEDIES, CERTIFICATES OF HOLDERS OF FAMILY TREATMENT METHODS AND COMBINATION OF TRADITIONAL MEDICINE AND MODERN MEDICINE AT MEDICAL FACILITIES
Pursuant to the Law on Medical Examination and Treatment No. 15/2023/QH15 dated January 9, 2023;
Pursuant to Government’s Decree No. 96/2023/ND-CP dated December 30, 2023 on elaboration of the Law on Medical Examination and Treatment;
Pursuant to Government's Decree No. 95/2022/ND-CP dated November 15, 2022 on functions, tasks, powers and organizational structure of the Ministry of Health;
At the request of the Director of the Traditional Medicine Administration;
The Minister of Health promulgates a Circular on issuance of certificates of traditional medicine practitioner, certificates of holder of family remedies, certificates of holder of family treatment methods, and combination of traditional medicine and modern medicine at medical examination and treatment facilities (hereinafter referred to as medical facilities).
Chapter I
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Section 1. APPLICANTS AND CONDITIONS FOR ISSUANCE OF CERTIFICATES OF TRADITIONAL MEDICINE PRACTITIONER
Article 1. Applicants for certificates of traditional medicine practitioner
1. Those who have been standardized as traditional medicine practitioners and have all the module certificates specified in Point a, Clause 1, Article 2 of this Circular before June 30, 2004 but have not taken examinations.
2. Those who have been granted a certificate of specialized traditional medicine practitioner by Vietnam Orientally Traditional Medicine Association before June 30, 2004.
3. Those who have been trained by the Vietnamese Pure Land Buddhism Association and have been granted a certificate of level 2 or higher physician assistant by the Central Executive Committee of the Vietnamese Pure Land Buddhism Association (according to the classification of Vietnamese Pure Land Buddhism Association) before June 30, 2004.
4. Those who have been granted a certificate of eligibility to practice by a health authority under the Provincial People's Committee in accordance with the Ordinance on the Practice of Private Medicine and Pharmacy with the scope of medical examination and treatment practice with traditional medicine but are not traditional medicine physicians or physician assistants, and have not been granted a certificate of traditional medicine practitioner.
5. Those who have participated in medical examination and treatment with traditional medicine for at least 30 years.
Those who passed the examinations in accordance with Circular No. 13/1999/TT-BYT dated July 6, 1999 of the Ministry of Health on guidelines for the Ordinance on the Practice of Private Medicine and Pharmacy in the field of traditional medicine and pharmacy practice (hereinafter abbreviated as Circular No. 13/1999/TT-BYT) before February 14, 2004 but have not been granted a certificate of traditional medicine practitioner.
Article 2. Conditions for issuing certificates of traditional medicine practitioner
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a) Obtain all 10 module certificates issued before June 30, 2004 after completion of standardized training programs. These programs are provided by medical or pharmaceutical training facilities, the Vietnam Orientally Traditional Medicine Association, traditional medical facilities (traditional medicine institutes or hospitals) in coordination with medical post-secondary schools or colleges, Orientally Traditional Medicine Associations of provinces and centrally affiliated cities (hereinafter referred to as Provincial Orientally Traditional Medicine Associations). Certificates of completion of the following modules:
- Fundamental theory of traditional medicine;
- Certificate of internal medicine pathology and treatment;
- Certificate of surgical pathology and treatment;
- Certificate of pediatric pathology and treatment;
- Certificate of gynecological pathology and treatment;
- Certificate of five-sense-related pathology and treatment;
- Certificate of non-medicament treatment methods;
- Certificate of pharmacology;
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- Certificate of ancient medical prescriptions.
b) Educational level: Those who were born before January 1, 1960 and ethnic minorities must be able to read and write the Vietnamese language fluently; those who were born on January 1, 1960 or later must have a high school diploma or equivalent;
c) Have passed the examinations as prescribed in this Circular.
2. Conditions for issuance of certificates of traditional medicine practitioner to those specified in Clause 2, Article 1 of this Circular:
a) Obtain a certificate of specialized traditional medicine practitioner issued by Vietnam Orientally Traditional Medicine Association before June 30, 2004;
b) Meet all the conditions specified in Points b and c, Clause 1 of this Article.
3. Conditions for issuance of certificates of traditional medicine practitioner to those specified in Clause 3, Article 1 of this Circular:
a) Obtain a certificate of level 2 or higher physician assistant (according to the classification of Vietnamese Pure Land Buddhism Association) issued by the Central Executive Committee of the Vietnamese Pure Land Buddhism Association before June 30, 2004;
b) Meet all the conditions specified in Points b and c, Clause 1 of this Article.
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Those who obtain a certificate of eligibility to practice issued under the Ordinance on the Practice of Private Medicine and Pharmacy, in which the scope of practice is medical examination and treatment with traditional medicine but are not traditional medicine physicians or physician assistants, and have not been granted a certificate of traditional medicine practitioner.
5. Conditions for issuance of certificates of traditional medicine practitioner to those specified in Clause 5, Article 1 of this Circular:
a) Have had medical examination and treatment with traditional medicine at legal medical facilities for at least 30 years:
- If this person conducts medical examination and treatment at a commune-level health station, he/she must obtain written confirmation from the head of the health station. This confirmation should be based on the employment contract or other documentation that verifies this person’s participation in traditional medicine services, free from professional medical errors, and his/her positive reputation among patients;
- If this person conducts medical examination and treatment at other medical facilities, he/she must obtain written confirmation from the head of these medical facilities;
- The person providing confirmation under this point shall bear legal responsibility for the content of their confirmation.
b) Be 55 years old or older until November 26, 2015.
6. Conditions for issuance of certificates of traditional medicine practitioner to those specified in Clause 6, Article 1 of this Circular:
Have passed the examinations as prescribed in Circular No. 13/1999/TT-BYT but have not been granted a certificate of traditional medicine practitioner.
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Article 3. Authority for issuance, re-issuance, or revocation of certificates of traditional medicine practitioner
1. The Minister of Health assigns the Director of the Traditional Medicine Administration to issue, re-issue, and revoke certificates of traditional medicine practitioners to those specified in Clauses 2 and 3, Article 1 of this Circular using the form No. 04 Appendix I issued with this Circular.
2. The head of the health authority under the Provincial People's Committee shall issue, re-issue, and revoke certificates of traditional medicine practitioners to those specified in Clauses 1, 4, 5 and 6, Article 1 of the Circular according to form No. 04, Appendix I issued with this Circular.
Article 4. Application for issuance of certificates of traditional medicine practitioner to those specified in Clause 1, Article 1 of this Circular
1. Application form for issuance of a certificate of traditional medicine practitioner using the form No. 01, Appendix I issued with this Circular.
2. Legal copies of module certificates as prescribed in Point a, Clause 1, Article 2 of this Circular.
3. Legal copy of high school diploma or equivalent for those who were born on January 1, 1960 or later.
4. 2 portrait photos, 4 x 6 cm in size, white background (taken within the last 6 months up to the time of application submission).
Article 5. Application for issuance of certificates of traditional medicine practitioner to those specified in Clause 2, Article 1 of this Circular
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2. Legal copy of the certificate of specialized traditional medicine practitioner and transcript issued by Vietnam Orientally Traditional Medicine Association.
3. Legal copy of high school diploma or equivalent for those who were born on January 1, 1960 or later.
4. 2 portrait photos, 4 x 6 cm in size, white background (taken within the last 6 months up to the time of application submission).
Article 6. Application for issuance of certificates of traditional medicine practitioner to those specified in Clause 3, Article 1 of this Circular
1. Application form for issuance of a certificate of traditional medicine practitioner using the form No. 01, Appendix I issued with this Circular.
2. Legal copy of level 2 physician assistant certificate issued by the Central Executive Committee of the Vietnamese Pure Land Buddhism Association.
3. Legal copy of high school diploma or equivalent for those who were born on January 1, 1960 or later.
4. 2 portrait photos, 4 x 6 cm in size, white background (taken within the last 6 months up to the time of application submission).
Article 7. Application for issuance of certificates of traditional medicine practitioner to those specified in Clause 4, Article 1 of this Circular
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2. Legal copy of the certificate of eligibility to practice issued in accordance with the Ordinance on the Practice of Private Medicine and Pharmacy with the scope of medical examination and treatment with traditional medicine.
3. 2 portrait photos, 4 x 6 cm in size, white background (taken within the last 6 months up to the time of application submission).
Article 8. Application for issuance of certificates of traditional medicine practitioner to those specified in Clause 5, Article 1 of this Circular
1. Application form for issuance of a certificate of traditional medicine practitioner using the form No. 01, Appendix I issued with this Circular.
2. Confirmation of the medical examination and treatment process issued by the head of the commune-level health station or the head of the medical facility using the form No. 03, Appendix I issued with this Circular.
3. 2 portrait photos, 4 x 6 cm in size, white background (taken within the last 6 months up to the time of application submission).
Article 9. Application for issuance of certificates of traditional medicine practitioner to those specified in Clause 6, Article 1 of this Circular
1. Application form for issuance of a certificate of traditional medicine practitioner using the form No. 01, Appendix I issued with this Circular.
2. Legal copy of examination results as prescribed in Clause 6, Article 1 of this Circular.
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Article 10. Application for re-issuance of lost or damaged certificate of traditional medicine practitioner
1. Application form for re-issuance of a certificate of traditional medicine practitioner using the form No. 01, Appendix I issued with this Circular.
2. 2 portrait photos, 4 x 6 cm in size, white background (taken within the last 6 months up to the time of application submission).
Section 3. PROCEDURES FOR ISSUANCE OR RE-ISSUANCE OF CERTIFICATES OF TRADITIONAL MEDICINE PRACTITIONER
Article 11. Procedures for issuance of a certificate of traditional medicine practitioner to those who must take the examination specified in Clauses 1, 2 and 3, Article 1 of this Circular
1. The applicant shall send an application to the competent authority as prescribed in Article 3 of this Circular by post, in person, or through the National Public Service Portal.
2. Processing procedures:
a) After receiving the application, the receiving entity shall give the applicant an application acknowledgement slip using the form No. 02, Appendix I issued with this Circular.
In case the application is invalid, within 5 working days from the date stated on the application acknowledgement slip, the competent authority shall notify the applicant to supplement the application.
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- If eligible, the Secretariat prepares a list to submit to the Council.
- If ineligible, the Secretariat report it to the competent authority to notify each applicant in writing and clearly state the reason.
c) Within 10 working days of receiving the list from the Secretariat, the Examination Council must convene a meeting to resolve the following matters:
- If the applicants are eligible to take the examination, the competent authority specified in Article 3 of this Circular must develop a plan, administer the examination, and do the marking.
- If any applicant is ineligible for a certificate of traditional medicine practitioner or ineligible to take an examination, the Secretariat shall report it to the competent authority to notify the applicant in writing and clearly state the reason.
d) 15 days after the examination:
- If the applicant has passed the examination, the Secretariat shall request the competent authority as prescribed in Article 3 of this Circular to issue a certificate of traditional medicine practitioner.
- If the applicant has failed the examination, they shall be notified in writing.
Article 12. Procedures for issuance of a certificate of traditional medicine practitioner to those who are exempt from examination specified in Clauses 4, 5 and 6, Article 1 of this Circular
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2. Processing procedures:
a) After receiving the application, the receiving entity shall give the applicant an application acknowledgement slip using the form No. 02, Appendix I issued with this Circular.
In case the application is invalid, within 5 working days from the date stated on the application acknowledgement slip, the competent authority shall notify the applicant to supplement the application.
b) Within 10 working days of receiving the valid application, the competent authority shall issue a certificate of traditional medicine practitioner to the applicant according to regulations.
Article 13. Procedures for re-issuance of certificates of traditional medicine practitioner
1. The applicant for re-issuance of certificate of traditional medicine practitioner shall send an application to the competent authority that previously issued the original certificate by post, in person, or through the National Public Service Portal.
2. After receiving the valid application, the receiving entity shall give the applicant an application acknowledgement slip using the form No. 02, Appendix I issued with this Circular.
3. Within 07 working days of receiving the valid application, the competent authority shall re-issue a certificate of traditional medicine practitioner to the applicant according to regulations.
Section 4. ADMINISTRATION OF EXAMINATION BEFORE ISSUANCE OF CERTIFICATES OF TRADITIONAL MEDICINE PRACTITIONER
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1. The Minister of Health shall establish an Examination Council and a Secretariat to assist the Examination Council to issue certificate of traditional medicine practitioners to the eligible entities under its authority. Members of the Council are experienced traditional medicine doctors and physicians who have worked in the field of traditional medicine for at least 5 years.
The composition of the Council and Secretariat:
a) President: Leader of the Traditional Medicine Administration provided that the Council President may not lead the setting and management of examination question bank;
b) Deputy President: Leader(s) of the Traditional Medicine Administration, Vietnam Orientally Traditional Medicine Association or the Central Vietnam Acupuncture Association or other professional associations in the field of traditional medicine and pharmacy;
c) Council members include at least 6 members of the following entities:
- Representative of a health training facility, including training in traditional medicine and pharmacy;
- Representative of medical facility;
- Representative of the professional association in the field of traditional medicine and pharmacy;
Where necessary, the Council President may invite additional relevant experts in the field of traditional medicine and pharmacy to join the Council.
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- 2 experts from the Traditional Medicine Administration, of which one expert is selected to be the Head of the Secretariat;
- 1 officer of a professional association in the field of traditional medicine and pharmacy and 1 officer of a health training facility including training in traditional medicine and pharmacy.
2. The head of the health authority under the Provincial People's Committee shall establish an Examination Council and a Secretariat to assist the Examination Council to issue certificate of traditional medicine practitioners to the eligible entities under its authority. Members of the Council are experienced traditional medicine doctors and physicians who have worked in the field of traditional medicine for at least 5 years.
The composition of the Council and Secretariat:
a) President: Leader of a specialized health authority under the Provincial People's Committee;
b) Deputy President: Leader of the Provincial Orientally Traditional Medicine Association or the Provincial Acupuncture Association or other professional associations in the field of traditional medicine and pharmacy;
c) Council members include at least 6 members of the following entities:
- Representative of a health training facility, including training in traditional medicine and pharmacy;
- Representative of medical facility;
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Where necessary, the Council President may invite additional relevant experts in the field of traditional medicine and pharmacy to join the Council.
d) Composition of the Secretariat: 4 members
- 2 experts from the health authority under the Provincial People's Committee, of which one expert is selected to be the Head of the Secretariat;
- 1 officer of a professional association in the field of traditional medicine and pharmacy and 1 officer of a health training facility including training in traditional medicine and pharmacy.
Article 15. Operating principles and duties of the Examination Council and Secretariat
1. Operating principles of the Examination Council:
a) The Examination Council operates according to the principles of mutual consent, democratic centralism, impartiality, openness, and transparency; the opinions expressed by Council members must be grounded in sound legal and scientific principles.
b) The Examination Council can only hold a meeting if at least three-quarters of its members are present; if the Council President is absent, there must be a written authorization for the Deputy President;
c) To reach a decision, the Council President requires at least a two-thirds consensus among the Council members.
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a) Appraise and approve the list of eligible and ineligible examinees;
b) Administer examination:
- Report to the Ministry of Health or the head of a specialized health agency under the Provincial People's Committee the plan, time and location of the examination;
- Administer examination and conduct marking in accordance with Article 17 of this Circular.
c) Approve the theoretical and practical examination results of each examinee, make a list of successful examinees, and submit it to the Minister of Health or the head of a specialized health agency under the Provincial People’s Committee to issue certificates of traditional medicine practitioners according to their authority.
3. Duties of the Secretariat:
a) Verify applications:
- Classify those who are considered for a certificate of traditional medicine practitioner without having to pass the examination and those who must pass the examination to obtain a certificate of traditional medicine practitioner;
- Make a list of eligible applicants and ineligible applicants to take the examination.
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c) Contact the Ministry of Health (Traditional Medicine Administration) to receive theoretical examination questions and answers, maintain strict confidentiality and prevent any disclosure of exam questions;
d) Prepare examination papers and patients to administer theoretical examinations and practical examinations;
dd) Cut and match the answer sheet headings of the theoretical examination, create a scoresheet for the theoretical and practical examinations of each examinee, and send a report to the Examination Council for approval;
e) Hand over documents related to the activities of the Examination Council and examination answers to the Traditional Medicine Administration or a specialized health agency under the Provincial People's Committee for record-keeping according to authority;
g) Prepare a list of successful examinees to submit to competent authorities for issuance of certificates of traditional medicine practitioner.
Article 16. Authority to set examination questions
1. Theoretical examination questions: Director of the Traditional Medicine Administration shall set and manage a bank of theoretical examination questions, answers and marking instructions attached to the examination questions.
The setting of theoretical and practical examination questions for traditional medicine physicians must be based on the content of the traditional medicine physician standardization program, the training program of Vietnam Orientally Traditional Medicine Association, and the training program of the Vietnamese Pure Land Buddhism Association.
2. Practical examination: The Council President shall conduct the practical examination in accordance with Article 17 of this Circular.
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1. Examination administration plan:
a) Depending on the number of examinees, the Examination Council shall decide the time and location of the examination;
b) In case the number of examinees is small and there is not enough funding to administer the examination, the health authority under the Provincial People's Committee can contact the health authority under other Provincial People's Committee to coordinate the administration. In case of failure to coordinate, report to the Ministry of Health (Traditional Medicine Administration) for the Ministry of Health to identify a specialized health agency under the Provincial People's Committee to act as a focal point to coordinate with specialized health agencies under other Provincial People's Committees to co-administer the examination;
c) Health authorities under the Provincial People's Committee must report the examination administration plan to the Ministry of Health (Traditional Medicine Administration) for general monitoring and supervision.
2. Form of examination:
a) Theoretical examination: Theoretical examination is in written form, with a duration of 180 minutes;
b) Practical examination: Verbal examination on the quality of medical records according to traditional medicine, the skills of dialectical treatment, dialectical diagnosis, traditional Vietnamese pharmacotherapy on patients with specific diseases and conditions.
3. Content of the examination:
a) Theoretical examination content: General theory; pathology and treatment methods, medicinal herbs, remedies (individuals affiliated with the Vietnamese Pure Land Buddhism Association will be examined on their knowledge of traditional Vietnamese medicaments and remedities as part of the traditional Vietnamese pharmacotherapy section) and non-medicinal methods of traditional medicine;
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4. Marking and scoring method:
a) Theoretical examination: The theoretical examination answer, after having its answer sheet heading cut off, is graded independently by 2 people in the Examination Council on a 10-point scale. The difference between the two people's scores should not be more than 1 (one) point. If there is a difference of more than 1 (one) point or the examination has a request for review, the examination answer must be transferred to the President of the Examination Council to organize public marking by the entire Council. In case the difference is not more than 1 (one) point, the examination score is the average score of the two theoretical examiners;
b) Practical examination marking:
- Two people from the Examination Council conduct the practical examination together and grade independently. The final score for the practical examination is the average of the scores given by two examiners. The practical exam scores will not be reviewed;
- Marking method of practical examinations:
+ Medical examination skills (observation, listening and smelling, interrogation, palpation): up to 2 points.
+ Correct diagnosis: 3 points, incorrect: 0 point.
+ Reasonable treatment methods and remedies: up to 3 points.
+ Correct analysis of main medicament, assistant medicament, supporting medicament, and leading medicament of a remedy: up to 1 point.
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5. Examination results:
a) Successful examinee is a person whose theoretical and practical examination scores both reach 5 points or more;
b) Unsuccessful examinee is a person whose theoretical and/or practical examination scores are less than 5 points.
An unsuccessful examinee may apply for a re-examination after 12 months and will be scheduled for the next examination session. The content of the examination includes both theoretical and practical examinations as prescribed in Clause 3 of this Article.
Section 5. REVOCATION AND PROCEDURES FOR REVOCATION OF CERTIFICATES OF TRADITIONAL MEDICINE PRACTITIONER
Article 18. Revocation of certificates of traditional medicine practitioner
A certificate of traditional medicine practitioner is revoked in the following cases:
1. The certificate was issued by an unauthorized body.
2. The application for issuance of certificate of traditional medicine practitioner was forged.
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Article 19. Procedures for revocation of certificates of traditional medicine practitioner
1. Any organizations or individuals discover that a certificate of traditional medicine practitioner is subject to revocation in accordance with Article 18 of this Circular shall send a notification to the competent authority to revoke the certificate in accordance with Article 3 of this Circular.
2. The agency competent to revoke the certificate of traditional medicine practitioner is responsible for verifying records, documents, and information provided by the mentioned organization or individual. If it is a case of revocation, they shall issue a decision to revoke the certificate.
Chapter II
ISSUANCE OF CERTIFICATES OF HOLDER OF FAMILY REMEDIES, CERTIFICATES OF HOLDER OF FAMILY TREATMENT METHODS
Article 20. Authority to issue, re-issue, or revoke certificates of holder of family remedies, certificates of holder of family treatment methods
The head of the health authority under the Provincial People's Committee shall issue, re-issue, and revoke certificates of holder of family remedies and certificates of holders of family treatment methods.
Article 21. Application for certificates of holder of family remedies or certificates of holders of family treatment methods
1. Application form for issuance of certificate using the form No. 01, Appendix II issued with this Circular.
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3. Valid copy of acute and semi-chronic toxicity test results for traditional remedies.
4. Legal copies of proof of ownership of family remedies, family treatment methods.
5. 2 portrait photos, 4 x 6 cm in size, white background (taken within the last 6 months up to the time of application submission).
Article 22. Application for re-issuance of lost or damaged certificates of holder of family remedies or certificates of holders of family treatment methods
1. Application form for re-issuance of certificate using the form No. 01, Appendix II issued with this Circular.
2. 2 portrait photos, 4 x 6 cm in size, white background (taken within the last 6 months up to the time of application submission).
Article 23. Procedures for issuance of certificates of holder of family remedies or certificates of holders of family treatment methods
1. The applicant for issuance of certificate shall send an application to the health authority under the Provincial People's Committee of their place of residence by post, in person, or through the National Public Service Portal.
After receiving the application, the health authority under the Provincial People's Committee shall give the applicant an application acknowledgement slip form No. 02, Appendix II issued with this Circular.
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Within 60 days from the date of request for amendments by the health authority, if the applicant fails to make the required amendments, their application for issuance of certificate shall be invalid. The applicant may submit another application as prescribed in Article 21 of this Circular if necessary.
3. If the application requires no amendments, within 10 working days from the date mentioned in the application acknowledgement slip, the health authority under the Provincial People's Committee shall establish an Appraisal Council.
4. Within 10 working days from the date of the meeting minutes of the Appraisal Council, the health authority under the Provincial People's Committee shall issue a certificate using the form No. 04, Appendix II issued herewith or issue a document on refusal to issue certificate and clearly state the reasons for refusal.
Article 24. Procedures for re-issuance of certificates of holder of family remedies or certificates of holders of family treatment methods
1. The applicant for re-issuance of certificate of holder of family remedies or certificate of holder of family treatment methods shall send an application to the competent authority that previously issued the original certificate by post, in person, or through the National Public Service Portal.
2. After receiving the valid application, the receiving entity shall give the applicant an application acknowledgement slip using the form No. 02, Appendix I issued with this Circular.
3. Within 7 working days of receiving the application for re-issuance of the certificate of holder of family remedies or certificate of holder of family treatment methods, the receiving entity shall re-issue such certificate to the applicant.
Article 25. Establishment of an Appraisal Council to issue certificates of holder of family remedies or certificates of holders of family treatment methods
The head of the health authority under the Provincial People's Committee shall establish an Appraisal Council to issue certificates of holder of family remedies and certificates of holders of family treatment methods, which is composed of:
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2. Deputy President: Leader of the Provincial Orientally Traditional Medicine Association or the Provincial Acupuncture Association or other professional associations in the field of traditional medicine and pharmacy.
3. Council members include at least 8 members of the following entities:
a) Representative of the specialized department of the health authority under the Provincial People's Committee;
b) Representative of a health training facility, including training in traditional medicine and pharmacy;
c) Representative of medical facility;
d) Representative of the professional association in the field of traditional medicine and pharmacy.
Where necessary, the Council President may invite additional relevant experts in the field of traditional medicine and pharmacy to join the Council.
Article 26. Revocation of certificates of holder of family remedies, certificates of holder of family treatment methods
A certificate of holder of family remedies or certificate of holder of family treatment methods shall be revoked in the following cases:
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2. The corresponding application for issuance of the certificate did not comply with regulations.
3. The Professional Council established by the health authority under the Provincial People's Committee has concluded that the family remedy or family treatment method in question lacks sufficient evidence to guarantee safety and efficacy.
4. A competent authority has concluded that the holder of family remedy or holder of family treatment method in question is not the owner of that remedy or treatment method.
Article 27. Revocation of certificates of holder of family remedies, certificates of holder of family treatment methods
1. Any organizations or individuals discover that a certificate of holder of family remedies, certificate of holder of family treatment methods is subject to revocation in accordance with Article 26 of this Circular shall send a notification to the competent authority to revoke that certificate.
2. The agency competent to revoke the certificate of holder of family remedies, certificate of holder of family treatment methods is responsible for verifying records, documents, and information provided by the mentioned organization or individual. If it is a case of revocation, they shall issue a decision to revoke the certificate.
Chapter III
COMBINATION OF TRADITIONAL MEDICINE AND MODERN MEDICINE AT MEDICAL FACILITIES
Article 28. Principles of combination of traditional medicine and modern medicine in medical examination and treatment
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2. Combining methods and professional techniques of traditional medicine with specialized methods and techniques of modern medicine in medical examination and treatment must comply with regulations on specialized techniques approved by competent authorities and be appropriate with the specific stage and condition of each patient’s disease, ensuring safety and effectiveness.
Article 29. Indication and performance of specialized methods and techniques in medical examination and treatment and prescriptions with combination of traditional medicine and modern medicine
1. Medical practitioners with one of the following professional titles may indicate or perform specialized methods and techniques with combination of traditional medicine and modern medicine:
a) The title of Doctor with scope of medical practice;
b) The title of Doctor with scope of practicing traditional medicine;
c) The title of Doctor with specialized scope of practice;
d) The title of Physician Assistant with scope of general practice;
dd) The title of Physician Assistant with scope of practicing traditional medicine.
2. Medical practitioners with one of the following professional titles may indicate or perform specialized methods and techniques with combination of traditional medicine and modern medicine:
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b) The title of nursing with scope of nursing practice;
c) The title of nursing with scope of specialized nursing practice;
d) The title of medical technician with scope of functional rehabilitation;
dd) The title of medical technician with scope of specialized functional rehabilitation.
3. Prescription of drugs by medical examination and treatment practitioners specified in Clause 1 of this Article: comply with Circular No. 44/2018/TT-BYT dated December 28, 2018 of the Ministry of Health on prescribing traditional drugs, herbal drugs and prescribing combinations of traditional drugs, herbal drugs and pharmaceutical drugs (hereinafter abbreviated as Circular No. 44/2018/TT-BYT).
Article 30. Combination of traditional medicine and modern medicine at traditional medicine hospitals
The combination of traditional medicine and modern medicine at traditional medicine hospitals includes the following contents:
1. General medical examination and treatment if meeting the conditions prescribed in Article 41 of Government’s Decree No. 96/2023/ND-CP dated December 30, 2023 on elaboration of the Law on Medical Examination and Treatment.
2. Based on the scope of specialized activities approved by competent authorities, the hospital develops a list of drugs for emergency care, disease prevention, disease diagnosis, and disease treatment at the hospital.
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Article 31. Combination of traditional medicine and modern medicine at other hospitals
The combination of traditional medicine and modern medicine at other hospitals is done as follows:
1. Consider establishing a dedicated traditional medicine department or ward at the hospital based on the demand, quantity, human resources, facilities, and equipment in order to perform medical examination and treatment with traditional medicine, or with combination of traditional medicine and modern medicine.
2. The hospital director is responsible for directing and approving the coordination between specialized departments and wards in combination of traditional medicine and modern medicine, in which the traditional medicine department or ward is the focal point.
3. Use drugs, medical equipment, methods, and technical expertise of modern medicine combined with drugs, medical equipment, methods, and technical expertise of traditional medicine for medical examination and treatment, and monitor and evaluate treatment results in accordance with the scope of practice stated in the practice license, operating license and written permission from competent authorities.
4. Ensure sufficient medicine to meet the combination of traditional medicine and modern medicine in medical examination and treatment, including herbal ingredients and traditional medicines.
Article 32. Combination of traditional medicine and modern medicine at non-hospital medical facilities
The combination of traditional medicine and modern medicine at non-hospital medical facilities is carried out as follows:
1. Use drugs, medical equipment, methods, and technical expertise of modern medicine combined with drugs, medical equipment, methods, and technical expertise of traditional medicine for medical examination and treatment, and monitor and evaluate treatment results in accordance with the scope of practice stated in the practice license, operating license and written permission from competent authorities.
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Chapter IV
IMPLEMENTATION
Article 33. Implementation
1. This Circular comes into force as of March 12, 2024.
2. The following documents cease to be effective from the effective date of this Circular:
a) Circular No. 29/2015/TT-BYT dated October 12, 2015 of the Ministry of Health on issuance and re-issuance of certificates of traditional medicine practioners;
b) Decision No. 39/2007/QD-BYT dated November 12, 2007 of the Ministry of Health promulgating Regulations on approval and issuance of certificates of family remedies;
c) Circular No. 50/2010/TT-BYT dated December 31, 2010 of the Ministry of Health on guidelines for the combination of traditional medicine and modern medicine in the process of medical examination and treatment.
3. Annul Clause 5, Article 2 of Circular No. 20/2023/TT-BYT dated November 14, 2023 of the Ministry of Health on annulment of certain legislative documents promulgated by the Minister of Health.
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1. Any certificates of traditional medicine practioners; certificates of holder of family remedies, certificates of holder of family treatment methods issued before the effective date of this Circular will continue to be used.
2. Any applications for issuance of certificates of traditional medicine practioners; certificates of holder of family remedies, certificates of holder of family treatment methods submitted before the effective date of this Circular will continue complying with Decree No. 155/2018/ND-CP dated November 12, 2018 of the Government on amendments to a number of regulations related to business investment conditions under the state management of the Ministry of Health and Decision No. 39/2007/QD-BYT dated November 12, 2007 of the Ministry of Health on promulgation of Regulations on approval and issuance of certificates of family remedies.
Article 35. Implementation
Chief of the Ministry Office, Director of Traditional Medicine Administration, Director of the Department of Medical Examination and Treatment Management, Directors of Departments under the Ministry of Health, heads of agencies and units under the Ministry of Health, Directors of Health Departments of provinces, heads of health agencies of Ministries, agencies, and relevant organizations shall implement this Circular.
Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Health (Traditional Medicine Administration) for consideration./.
PP. MINISTER
DEPUTY MINISTER
Do Xuan Tuyen
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File gốc của Thông tư 02/2024/TT-BYT quy định về cấp giấy chứng nhận lương y, giấy chứng nhận người có bài thuốc gia truyền, giấy chứng nhận người có phương pháp chữa bệnh gia truyền và kết hợp y học cổ truyền với y học hiện đại tại cơ sở khám bệnh, chữa bệnh do Bộ trưởng Bộ Y tế ban hành đang được cập nhật.
Thông tư 02/2024/TT-BYT quy định về cấp giấy chứng nhận lương y, giấy chứng nhận người có bài thuốc gia truyền, giấy chứng nhận người có phương pháp chữa bệnh gia truyền và kết hợp y học cổ truyền với y học hiện đại tại cơ sở khám bệnh, chữa bệnh do Bộ trưởng Bộ Y tế ban hành
Tóm tắt
Cơ quan ban hành | Bộ Y tế |
Số hiệu | 02/2024/TT-BYT |
Loại văn bản | Thông tư |
Người ký | Đỗ Xuân Tuyên |
Ngày ban hành | 2024-03-12 |
Ngày hiệu lực | 2024-03-12 |
Lĩnh vực | Thể thao - Y tế |
Tình trạng | Còn hiệu lực |