New guidelines on licensing of medical examination and treatment during the period of local merger

In the context of merging and reorganizing local governments, the Ministry of Health has just issued detailed instructions on issuing new and adjusting medical examination and treatment licenses, ensuring continuous medical activities and health insurance benefits for people during the transition period.

In response to changes in administrative organization, local mergers and restructuring of the two-level government, the Department of Medical Examination and Treatment Management (Ministry of Health ) has issued specific instructions to hospitals under the Ministry, Departments of Health of provinces and cities and health departments of ministries and branches on the issuance and adjustment of licenses for medical examination and treatment activities.

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Specifically, the Department of Medical Examination and Treatment Management said it had received requests from the Department of Health of Yen Bai province (now Lao Cai province) and the Department of Health of Lai Chau province regarding guidance on licensing procedures during the period of provincial merger and reorganization of local government.

On that basis, the Department issued Official Dispatch No. 1000/KCB-NV providing detailed instructions on the issuance and adjustment of medical examination and treatment operation licenses in accordance with the provisions of the Law on Medical Examination and Treatment 2023 and Decree No. 96/2023/ND-CP dated December 30, 2023 of the Government.

According to the provisions of Clause 2, Article 50 of the Law on Medical Examination and Treatment 2023, the contents of the medical examination and treatment license include: name of the facility, form of organization, address of operation, scope of professional activities and daily working hours.

The operating license has no term, however, the issuance, re-issuance or adjustment of the license is carried out when there are specific changes as prescribed in Articles 52 and 54 of the Law.

Specifically, a new license is required when a medical facility has been licensed but has changed its organizational form, location, or due to a merger, consolidation, or separation. A license adjustment is required when the facility changes its scope of professional activities, scale of operations, working hours, or changes its name or address without changing its location.

Based on the above regulations, the Department of Medical Examination and Treatment Management guides that after the merger of provinces or the reorganization of local governments, if medical examination and treatment facilities have changes in working hours, names or addresses (but not geographical locations), changes in scale of operations, scope of expertise or technical list, they must carry out procedures to adjust their operating licenses. The documents and implementation process are specifically regulated in Articles 64, 65 and 66 of Decree 96/2023/ND-CP.

In addition, Resolution No. 190/2025/QH15 of the National Assembly also clearly stipulates in Clause 2, Article 10 that: organizations and individuals do not have to carry out procedures to reissue documents if those documents are still valid and have been issued by competent authorities before the reorganization of the state apparatus, unless otherwise provided by law. Therefore, during the transition period, medical examination and treatment licenses issued before the merger will continue to be valid.

Regarding health insurance, to ensure that medical examination and treatment and payment of health insurance costs are not interrupted, Decree No. 188/2025/ND-CP (effective from July 1, 2025 to December 31, 2025) stipulates: medical examination and treatment facilities are allowed to continue using health insurance service prices approved before the arrangement and merger until a decision is made to approve new prices.

During the process of issuing a new license or adjusting the license, the facilities can still use the old license to maintain the validity of the signed health insurance contract until signing a new contract under the new license. The medical examination and treatment facility is responsible for ensuring the quality of service during the transition period.

Thus, in the context of the whole country reorganizing the administrative apparatus, the Ministry of Health has provided timely and clear instructions to ensure that medical examination and treatment activities are not interrupted, creating favorable conditions for medical facilities to maintain operations, while ensuring the rights to medical examination and treatment under health insurance for the people.

Source: https://baodautu.vn/huong-dan-moi-ve-cap-phep-kham-chua-benh-trong-giai-doan-sap-nhap-dia-phuong-d365753.html