I. Understanding the Practice Instruction Agreements
The Practice Instruction Agreement plays a vital role in the healthcare sector, particularly in the training and practical education in medical examination and treatment activities. In the article below, NPLaw provides readers with a comprehensive overview of such an agreement, the applicable legal regulations, and answers to frequently asked legal questions.
1. What is a Practice Instruction Agreement?
A Practice Instruction Agreement is an essential legal instrument in the healthcare sector, governing the relationship between the supervising practitioner and the trainee during the process of medical training and clinical practice.
Through such an agreement, the trainee is afforded the opportunity to develop professional skills under the supervision of a qualified practitioner, ensuring compliance with applicable legal regulations while safeguarding the rights and legitimate interests of both parties.
2. Conditions for entering into Practice Instruction Agreements
To execute a Practice Instruction Agreement, an individual must satisfy certain statutory requirements, including:
- The trainee must prepare and submit a complete set of documents in accordance with regulations to the medical facility where the practice is registered;
- The supervising practitioner must possess the requisite professional qualifications and relevant experience as prescribed by law;
- The content of the agreement must be clear and compliant with applicable legal provisions.
Accordingly, to enter into a Practice Instruction Agreement, the parties must ensure that all documents, procedures, and conditions relating to both the trainee and the supervising practitioner are fully satisfied in accordance with the law.
II. Legal provisions governing Practice Instruction Agreements
1. Mandatory contents of Practice Instruction Agreements
Pursuant to Point a, Clause 1, Article 7 of Decree No. 96/2023/ND-CP on clinical practice, the parties must execute a clinical practice agreement based on Form 04, Appendix I issued together with this Decree. Accordingly, the fundamental contents of the agreement include:
- Information on the parties;
- Duration, location, and scope of professional practice;
- Rights and obligations of the parties;
- Other provisions.
Thus, when executing a Practice Instruction Agreement, its content must adhere to Form 04, Appendix I enclosed with Decree 96/2023/ND-CP.
2. Cases in which Practice Instruction Agreements are mandatory
Pursuant to Clause 1, Article 23 of the Law on Medical Examination and Treatment 2023 regarding clinical practice:
- Applicants for a practicing license in one of the following titles: Physician, physician assistant, nurse, midwife, medical technician, clinical nutritionist, pre-hospital emergency technician, and clinical psychologist, must undergo clinical practice in accordance with the principles prescribed in Clause 2 of this Article.
Accordingly, individuals falling under the above categories are required to undergo clinical practice and therefore must execute a Practice Instruction Agreement in accordance with the law.
3. Cases in which Practice Instruction Agreements are not required
According to clause 1, Article 23 of the Law on Medical Examination and Treatment 2023, an applicant for a practicing license in one of the aforementioned professional titles is exempt from clinical practice if he/she:
- Has completed a specialized training program; or
- Has been granted a practicing license by a competent foreign authority, which is recognized in accordance with Article 29 of this Law.
Thus, individuals falling under these categories are not required to undergo clinical practice or execute Practice Instruction Agreements.
III. Questions regarding Practice Instruction Agreements
1. Why is a Practice Instruction Agreement necessary?
Executing a Practice Instruction Agreement is a mandatory step in the clinical practice process as prescribed by current legislation. Such an agreement not only ensures legal compliance but also constitutes an essential measure to promote safety and quality within the healthcare system. It ensures that the training process is organized, transparent, and compliant with regulations on medical examination and treatment, while safeguarding the rights and obligations of both parties.
2. When do Practice Instruction Agreements take effect?
The effective date of the Practice Instruction Agreement is determined in accordance with the general provisions of the Civil Code. Unless otherwise agreed by the parties, the agreement typically takes effect upon execution. It is consistent with the provisions stipulated in the clinical practice agreement under Form 04, Appendix I of Decree 96/2023/ND-CP.
3. Are there sanctions for failure to execute Practice Instruction Agreements?
Pursuant to Cause 2, Article 38 of Decree No. 117/2020/ND-CP on administrative sanctions for violations relating to professional practice and use of practicing certificates in medical examination and treatment:
- A fine ranging from 500,000 VND to 1,000,000 VND shall be imposed for any of the following violations: Failure to execute a practice agreement for trainees at a medical examination and treatment establishment, or executing the agreement in a form inconsistent with legal requirements.
Accordingly, failure to execute a Practice Instruction Agreement as prescribed shall result in a fine ranging from 500,000 VND to 1,000,000 VND for individuals, and double such an amount for organizations.
Note: The above fine may change if legal regulations are updated and amended at any given time.
IV. Legal consultancy services and support in procedures relating to Practice Instruction Agreements
The above article presents NPLaw’s overview of current legal provisions governing Practice Instruction Agreements. With a team of experienced lawyers and legal specialists, NPLaw provides reputable and professional legal services, ensuring optimal protection of Clients’ legitimate rights and interests. Should you require legal assistance, please contact NPLaw for consultation and support.
