Clinic and Hospital are business activities directly related to human health and life, so the law regulates very strictly the business conditions and medical examination and treatment activities. Accordingly, the outsourced legal package for Clinics and Hospitals was born to help clinic and hospital owners, doctors feel secure in their medical examination and treatment activities while ensuring safety and compliance with the law.
Legal documents regulating the activities of Clinics and Hospitals
- Law on Enterprises 2020;
- Law on Medical Examination and Treatment dated January 9, 2023, effective from January 1, 2024.
- Decree No. 96/2023/ND-CP detailing a number of articles of the Law on Medical Examination and Treatment;
- Circular No. 07/2015/TT-BYT detailing conditions and procedures for applying new techniques and methods in medical examination and treatment;
- Circular No. 43/2013/TT-BYT detailing the specialization and technical hierarchy for the medical examination and treatment facilities system.
- Circular No. 50/2014/TT-BYT regulating the classification of surgeries and procedures and the labor force norms for each surgical and procedural case.
Tasks in the Outsourcing Regulations for Clinics and Hospitals
1. Consult and resolve all issues related to business conditions in the field of Clinics and Hospitals
- Conditions for facilities: clinics; diagnostic imaging rooms, x-rays; emergency resuscitation; wastewater treatment systems; medical equipment in accordance with the technical list of the clinic;
- Conditions for personnel: practicing certificates and related certificates and documents of the doctor in charge of professional matters, doctors, nurses, and other personnel;
- Conditions for business operations: licenses to meet business conditions for clinics and hospitals;
- Fire safety conditions for clinics and hospitals;
- Registration for practicing licenses for doctors and nurses working at clinics and hospitals;
- Request for Advertising Content Confirmation.
- Notification/Registration of the Clinic’s Website.
- Registration of trademark protection for dental clinics..
2. Guide in drafting and reviewing Labor Contracts - support the implementation of procedures related to Social Insurance
- Guide in drafting labor contract templates for doctors in charge of professional matters, doctors, nurses, full-time employees, and collaborating doctors;
- Reviewing Contractual Agreements;
- Guide in salary regulations, salary scales, and salary tables;
- Registration for unit codes, reporting increases or decreases in workforce.
- Registration for social insurance benefits and bonuses.
3. Consult and draft service contracts for Clinics and Hospitals
Consult and draft various contracts for Clinics and Hospitals such as:
- Office lease contract;
- Medical examination and treatment service contract with customers;
- Contract for the purchase of medical equipment, collection of medical waste, installation of wastewater treatment systems, etc.
4. Consult and support the implementation of periodic reports of Clinics and Hospitals
- Labor Utilization Reports;
- Quarterly Tax Reports, Annual Financial Reports, Statistical Reports.
5. Consult and support the implementation of obligations related to Corporate Tax (revenues, expenditures, salaries, types of taxes)
- Determine the types of taxes Clinics and Hospitals must pay, tax calculation methods, and tax rates;
- Consult on how to issue invoices? How to record input and output invoices?;
- Personal Income Tax: for permanent and collaborating employees.
6. Guide in preparing documents for inspection teams
Review and prepare related documents such as: legal documents (business licenses, medical examination and treatment licenses, doctors' certificates, medical equipment purchase contracts, etc.); contracts with patients.
7. Participate in meetings and contract signings of Clinics and Hospitals
Lawyers can travel or directly participate in contract negotiations between Clinics and Hospitals with customers or partners to provide legal opinions and perspectives.
