The Ho Chi Minh City Institute of Traditional Medicine has just issued Decision 57 dated January 16 on issuing a commitment form not to practice medicine at medical examination and treatment facilities outside the Ho Chi Minh City Institute of Traditional Medicine.
Along with Decision 57 is the announcement of implementing the commitment form throughout the Ho Chi Minh City Institute of Traditional Medicine.
Accordingly, the commitment form issued by the Ho Chi Minh City Institute of Traditional Medicine has 8 administrative items such as: full name, date of birth, practice certificate number, title, position, department/office currently working, professional qualifications, phone number. The place to send the commitment form is the Board of Directors of the Ho Chi Minh City Institute of Traditional Medicine, the Department of Organization and Personnel and the Department of Planning and Synthesis. The specific content of the commitment is:
"I hereby make this application to commit to the Board of Directors of the Ho Chi Minh City Institute of Traditional Medicine and related departments and offices that during my working time at the Ho Chi Minh City Institute of Traditional Medicine, I will not register to practice medical examination and treatment for people at any other medical facilities, including during and outside of the working hours of the Ho Chi Minh City Institute of Traditional Medicine.
If it is discovered that I am practicing medicine or that my medical certificate is registered to practice at other medical facilities outside of the Ho Chi Minh City Institute of Traditional Medicine without the consent of the director of the institute, I hereby commit to take full responsibility for handling the matter according to the institute's regulations and current laws.
The above is my commitment. The contents of this commitment are voluntarily written by me and I commit to implement and comply with the above commitments. If I violate the provisions of this commitment, I will be fully responsible before the law."
Citing a series of regulations
In the commitment form, the Ho Chi Minh City Institute of Traditional Medicine cited Decision 439/BYT-QD dated April 14, 1977 of the Minister of Health regulating the position, functions, tasks and organization of the Institute of Traditional Medicine; Decision 2315 dated July 31, 2014 of the Director of the Ho Chi Minh City Department of Health on promulgating the regulations on the organization and operation of the Institute of Traditional Medicine; Law on Public Employees No. 58/2010/QH12 dated November 15, 2010 of the National Assembly; Law on Amending and Supplementing a Number of Articles of the Law on Cadres, Civil Servants and the Law on Public Employees dated November 25, 2019; Civil Code No. 91/2015/QH13 dated November 24, 2015 of the National Assembly; Decree No. 115/2020/ND-CP dated September 25, 2020 of the Government regulating the recruitment, use and management of civil servants; based on the practical situation of the Ho Chi Minh City Institute of Traditional Medicine and current legal regulations.
Commitment form issued by Ho Chi Minh City Institute of Traditional Medicine
However, Article 14 of the Law on Civil Servants 58/2010/QH12 dated November 15, 2010 of the National Assembly stipulates the rights of civil servants to conduct business activities and work outside of prescribed hours. Accordingly, civil servants are allowed to conduct professional activities outside of working hours specified in the employment contract, unless otherwise provided by law.
Signing contracts for cases with other agencies, organizations and units that are not prohibited by law, but must complete assigned tasks and have the consent of the head of the public service unit.
Contribute capital but not participate in the management and operation of limited liability companies, joint stock companies, partnerships, cooperatives, private hospitals, private schools and private scientific research organizations, except in cases where specialized laws provide otherwise.
On January 22, speaking with Thanh Nien reporter, a leader of the Ho Chi Minh City Department of Health said that he had assigned the Department's Personnel Organization Department to work with the Ho Chi Minh City Institute of Traditional Medicine and Pharmacy on the above story, because the medical staff of this institute are currently wondering.
Violation of the Law on Medical Examination and Treatment 2023?
In the bases and citations of the Ho Chi Minh City Institute of Traditional Medicine, the latest Law on Medical Examination and Treatment 2023 was not cited. The Law on Medical Examination and Treatment is a specialized law, regulating all activities related to expertise and practitioners.
Regarding the principles of practice registration stipulated in Clause 1, Article 36 of the Law on Medical Examination and Treatment 2023 as follows: Practitioners are allowed to register to practice at many medical examination and treatment facilities but the time of medical examination and treatment between medical examination and treatment facilities must not overlap.
Regarding the rights of practitioners, Clause 3 and 4, Article 39 of the Law on Medical Examination and Treatment clearly states: To practice medical examination and treatment at different medical examination and treatment facilities but must comply with the regulations on practice registration of this law. To participate in social and professional organizations on medical examination and treatment.
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