A contract for clinical practice training in medical examination and treatment is an important legal instrument that sets out the terms and conditions between a medical facility and a trainee. Such a contract ensures that the trainee receives the necessary guidance and support to develop professional skills and specialized knowledge in the healthcare sector.

I. Overview of contracts for clinical practice training in medical examination and treatment

1. What is a contract for clinical practice training in medical examination and treatment?

A contract for clinical practice training in medical examination and treatment is an agreement between the clinical training facility and the trainee.

2. Conditions for entering into the contract for clinical practice training in medical examination and treatment

To enter into such a contract, the contracting parties must comply with the principles of clinical practice stipulated in Clause 2 Article 23 of the Law on Medical Examination and Treatment 2023. Specifically:

  • The practice must align with the trainee’s professional qualifications.
  • The practice must be conducted at medical facilities whose scope of professional activities corresponds to the training content.
  • The practice duration must be appropriate to each professional position.
  • The training facility must assign practice instructors, register the list of trainees on the Information System for the Management of Medical Examination and Treatment Activities, and issue practice confirmation certificates.
  • The practice instructor must hold a professional license compatible with the training content and assume responsibility for the trainee’s professional activities during practice, except where the trainee intentionally violates the law.
  • The trainee must comply with the instructor’s assignments and guidance and respect the rights and obligations of patients.

II. Legal regulations on the contract for clinical practice training in medical examination and treatment

1. Regulations on acceptance of trainees

The acceptance of trainees is governed by Clause 1 Article 7 of Decree No. 96/2023/ND-CP, specifically:

  • The trainee must submit a training request form using Form 03 Appendix I enclosed with the Decree and a valid copy of the professional qualification prescribed in Article 8.
  • Upon receipt of the request, if accepted, the head or the person in charge of professional and technical matters at the training facility must:
  • Sign a clinical practice training contract using Form 04 Appendix I.
  • Submit the list of trainees using Form 05 Appendix I to the competent authority as prescribed in Clause 2 Article 6, stating the start and expected completion dates.
  • Publish the list of trainees on the facility’s website and on the Information System for the Management of Medical Examination and Treatment Activities.

2. Regulations on assignment of practice instructors

The assignment of practice instructors is defined in Clause 2 Article 7 of Decree No. 96/2023/ND-CP:

  • The assignment must follow Form 06 Appendix I enclosed with the Decree.
  • Each instructor may supervise a maximum of five trainees at the same time.

3. Regulations on the responsibilities of practice instructors

Pursuant to Clause 5 Article 7 of Decree No. 96/2023/ND-CP, practice instructors have the following responsibilities:

  • They are responsible for ensuring patient safety throughout the training process and will be held liable if the trainee commits professional errors that affect a patient’s health, except where the trainee intentionally violates the law.

III. Questions regarding contracts for clinical practice training in medical examination and treatment

1. Why is it necessary to enter into the contract for clinical practice training?

Entering into such a type of contract is essential for several reasons:

  • Ensuring training quality: The contract clarifies the responsibilities of both the instructor and trainee, helping to ensure the training is conducted properly and effectively.
  • Compliance with legal regulations: Under Decree No. 96/2023/ND-CP, entering into such a contract is mandatory to ensure adequate qualifications and training duration before issuance of a professional practice certificate.

Regulations on the responsibilities of practice instructors.

  • Protection of rights and interests: The contract protects both parties by minimizing disputes arising during the training process.
  • Support for trainees: The contract enables trainees to acquire skills and experience under the supervision of qualified professionals.

2. Is it permissible not to enter into the clinical practice training contract? If not, what are the sanctions? 

According to Point a Clause 2 Article 38 of Decree No. 117/2020/ND-CP:

  • A fine ranging from 500,000 VND to 1,000,000 VND shall be imposed for failing to enter into the clinical practice training contract at a medical facility or for entering into a contract that does not comply with the legally prescribed form.

Therefore, executing the clinical practice training contract is mandatory. Failure to do so will result in administrative fines. 

IV. Advisory services and assistance related to contracts for clinical practice training in medical examination and treatment

The above information provides clarification regarding clinical practice training contracts, as provided by NPLaw to our readers. Should you require further assistance or have questions regarding the relevant procedures, please contact NPLaw using the information below: