Currently, the rising demand for beauty services has created potential and promising opportunities in the cosmetology industry. The cosmetic market growth results from an increase in the number of specialised cosmetic clinics. Before operating a cosmetology clinic, entrepreneurs must carry out procedures to apply for operation licences. Here, LawPlus would like to present some main points of law relating to the establishment of cosmetology clinics.
Table of Contents/Mục lục
I. Scope of operation of a cosmetology clinic
According to Clause 4, Article 11 of Decree 155/2018/ND-CP supplementing Article 23a of Decree 109/2016/ND-CP on General requirements for issuance of operation licences to healthcare facilities:
“Any cosmetological service which involves the intervention of drugs, substances and equipment in human bodies (surgery, operation, injection, augmentation, ray emission, wave, firing and other types of intervention) that change the colour of skin, shape, weight and shortcomings of human bodies (skin, nose, eyes, lips, face, breasts, belly, buttock and other body parts), or services of doing tattoos and microblading. Anaesthetic is injected to the human bodies while providing the aforesaid services and is only used in hospitals having Cosmetological specialists or Cosmetological clinics or healthcare facilities with the practice scope in Cosmetological speciality approved by the competent authorities.”
II. Conditions for issuance of operating licences for cosmetology clinic
According to Clauses 4 and 11, Article 11 of Decree 155/2018 ND-CP, a cosmetic clinic must satisfy the following conditions:
1. Facility requirements:
a.The healthcare facility has a fixed location (unless it is a mobile healthcare clinic);
b. Radiation safety and fire safety are ensured in accordance with regulations of law;
c. There is a separated area for sterilising reusable medical instruments, unless there are no reusable instruments or the healthcare facility has a contract with another healthcare facility for sterilisation of reusable instruments.
2. Medical equipment:
a. Sufficient medical equipment which is suitable to the practice scope of the health facility;
b. Have anti-shock first aid kits and sufficient specialised emergency drugs;
c. Clinic providing healthcare consultancy or a clinic providing healthcare consultancy by using information technology and telecommunications is not required to have the medical equipment specified above. However, it must have sufficient information technology and telecommunications which are suitable to the registered practice scope.
3. Personnel:
a. Each health facility must have a chief physician. The chief physician and the deans of specialised departments of the health facility must: establishment of cosmetology clinics.
– Be a doctor with a practising certificate which is suitable to the practice scope of such a facility;
– If the health facility has multiple departments, the chief physician must have a practising certificate which is suitable to the practice scope of at least one of the registered clinical departments;
– Any chief physician must be a plastic surgeon or a cosmetological doctor or a cosmetic surgeon;
– Have provided medical examination and treatment for at least 36 months after being granted a practice certificate, or have directly participated in providing medical examination and treatment for at least 54 months. The chief physician of the health facility must be assigned in writing to carry out the tasks;
– He/she must work on a full-time basis at the health facility.
b. Aside from the chief physician, other practitioners working in the health facility must have practice certificates and shall only provide medical examination and treatment within the assigned practice scope;
Note:
The chief physician of the health facility shall assign the practitioners in writing to undertake the specialised tasks based on the practice scope, qualifications and certificates of training and the potential of such practitioners.
c. A testing physician with a bachelor degree is qualified for reading and signing the testing results. If the health facility does not have any general doctor who conducts the testing or a testing physician who has a bachelor degree, the doctor who recommends the testing must read and sign the testing results;
d. The bachelor who specialises in X-ray therapy is qualified to read and interpret medical images. If the health facility does not have an image diagnosis doctor or a radiologist, the doctor who recommends an imaging test must read and sign the image diagnostic results;
e. Other entities that participate in the provision of medical examination and treatment but are not required to obtain practice certificates according to the Law on Medical Examination and Treatment must be allowed to perform the tasks assigned by the chief physician (medical physicists, radiation physicians, speech therapists, psychotherapists and other entities). Such entities must be assigned tasks which are suitable to their specialised qualifications.
III. Application for a licence to operate a cosmetological clinic
According to Article 43 of Decree 109/2016/ND-CP, an application for a licence to operate a Cosmetological clinic consists of:
a. The form No. 01 in Annex XI enclosed with the Decree 109/2016/NĐ-CP;
b. A valid copy of the establishment decision or a document containing the name of the healthcare facility issued by a competent authority, applicable to state-owned healthcare facilities, or a certificate of enterprise registration, applicable to private healthcare facilities, or an investment certificate, applicable to foreign-invested healthcare facilities;
c. Valid copies of practice certificates of chief physicians of the healthcare facilities; persons taking charge of professional department of the healthcare facility;
d. List of a healthcare practitioner working at a healthcare facility according to the form prescribed in Appendix IV issued together with Decree 109/2016/ND-CP;
Note:
It includes registration of practitioners and medical professionals at the establishment but not subject to the issuance of practice certificates. establishment of cosmetology clinics.
e. The form No. 02 in Annex XI enclosed with the Decree 109/2016/NĐ-CP;
f. Documents proving that the healthcare facility satisfies the requirements for facilities, medical equipment and organisation suitable for the practice scope of any healthcare facility form specified in section 1 Chapter III of this Decree 109/2016/NĐ-CP;
g.The Charter of organisation and operation using the form regulated by the Minister of Health, applicable to state-owned hospitals, or the Form No. 03 in Annex XI enclosed with this Decree 109/2016/NĐ-CP, applicable to private hospitals, and the initial operation plan of the hospital;
h. Valid copies of contracts on patient transport, applicable to hospitals and maternity wards without vehicles for external emergency transportation;
i. A professional and technical list proposed by the healthcare facility on the basis of the professional and technical list issued by the Minister of Health;
k. Regarding emergency transportation service providers: a valid copy of the contract on professional support for the hospital. In case of provision of service of patient transportation abroad, a valid copy of the contract on patient transportation signed with an aviation service company.
IV. Procedure for applying for a licence to operate a cosmetology clinic
Step 1:
The healthcare facilities sends an application for an operation licence to the Department of Health.
Step 2:
The Department of Health receives and shall give the applicant an application receipt note using the form No. 09 in Annex XI enclosed with this Decree 109/2016/NĐ-CP.
Step 3:
Within 45 days from the date of receipt of complete application, the Department of Health shall conduct the inspection of the application to issue a licence. establishment of cosmetology clinics.
Within 10 working days from the date written on the receipt note, the receiving authority shall send a written notification to the applicant containing the request for completion. Such notification must specify the contents subject to supplementation and those subject to modification.
The time for procedures is from the date of receipt of completely supplemental documents.
Departments of Health shall establish inspectorates to serve the issuance of operation licences for healthcare facilities.
In case of refusal to issue an operation licence, the Department of Health must reply in writing containing an explanation.
Step 4:
Issuing the licence to the facilities. establishment of cosmetology clinics.
This is the analytical essay of LawPlus about the procedure for establishing cosmetology clinics. Law Plus’s professional and experienced lawyers are always ready to offer you the best legal assistance in problem solving in operation management. To receive the most timely, quality, effective and cost-effective advice, please contact LawPlus.via hotline +84 2862 779 399, +84 3939 30 522 or email info@lawplus.vn.
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