Beauty is a legitimate need for everyone. Therefore, aesthetic facilities are growing both in quality and in quantity. So to establish an aesthetic clinic (beauty salon), what do you need to know about the Law to ensure your business activities are legal?
I. Let's learn the regulations on establishing an aesthetic clinic (beauty salon) with NPLaw
In legal documents, there is no terminology of aesthetic clinic (beauty salon). This is a close name for aesthetic service businesses. So what are the regulations on the conditions and procedures for establishing an aesthetic clinic (beauty salon)? Please find out the answer in the article below together with NPLaw.
II. Legal basis
1. Law on Medical Examination and Treatment No. 40/2009/QH12 passed by the National Assembly on November 23rd, 2009;
2. Decree No. 109/2016/ND-CP issued by the Government on July 1st, 2016, stipulating issuance of a practice certificate for practitioners and an operating license for examination and treatment facilities as amended and supplemented in 2018 (hereinafter referred to as Decree 109/2016/ND-CP);
3. Decree No. 117/2020/ND-CP issued by the Government on September 28th, 2020, stipulating the sanction of administrative violations in the Health, as amended and supplemented in 2021 (hereinafter referred to as Decree 117/2020/ND-CP).
III. Common contents related to an aesthetic clinic (beauty salon)
1. The current reality of business line of an aesthetic clinic (beauty salon)
To meet beauty needs of people, aesthetic clinics (beauty salons) are becoming more and more popular and increasingly established throughout the country. In Ho Chi Minh City, the number of aesthetic clinics estimated in the early 2022 period is 10 licensed cosmetic surgery clinics (facilities) and hospitals; nevertheless, according to preliminary estimates, more than 5,000 facilities operate illegally. This paradox poses many potential risks to the health and life of people with legitimate needs of making themselves more beautiful. Due to its directly negative impact on people, setting up an aesthetic clinic (beauty salon) shall comply with strict regulations of the law. This is included in terms of both facilities and the expertise of the personnel of an aesthetic clinic (beauty salon) must meet certain conditions. The law and the competent authorities should further tighten inspection and supervision of the establishment and operation of beauty service establishments.
2. Conditions for establishing an aesthetic clinic (beauty salon)
A business facility shall meet the following conditions:
Pursuant to Decree 109/2016/ND-CP, the cosmetic surgery service business is one of the types of specialized clinics. To be granted a license to operate a cosmetic specialized clinic, an aesthetic clinic (beauty salon) needs to meet the conditions:
- Firstly, there has been the approval from the Competent Authority, accordingly an aesthetic clinic (beauty salon) must have a license to operate a Cosmetic Specialized Clinic.
- Secondly, the conditions of facilities must meet:
(1) A location is fixed and separated from the home living place, ensuring enough light, having a dust-proof ceiling as well as wall and floor using materials easy to clean;
(2) A specialized clinic must have examination and treatment rooms;
(3) There are rooms for patient reception;
(4) Other conditions depending on the scope of registration expertise;
(5) Ensuring the conditions of radiation safety, medical waste treatment, fire prevention and fighting in accordance with the law; ensuring sterility for operating rooms;
(6) There is enough electricity, water and other conditions to serve and care for patients.
- Thirdly,the conditions of medical equipment are prescribed as follows:
(1) There have been sufficient medical equipment and instruments in compliance with its registered scope of professional practice;
(2) There have been anti-shock first aid kits and sufficient specialized emergency medicine.
- Fourthly, the conditions of personnel are:
(1) A person responsible for the technical expertise in a specialized clinic shall be a plastic surgery specialist or cosmetic surgery specialist who has experience in examination and treatment of at least 54 months in that specialty;
(2) Other people working in a specialized clinic who wish to perform medical examinations and treatments must have a practice certificate and be assigned to work in correspondence to the scope of professional practice indicated in their certificate.
3. Orders and procedures for establishing an aesthetic clinic (beauty salon)
The orders and procedures for establishing an aesthetic clinic (beauty salon) include some information, as follows:
1. A dossier of establishing an aesthetic clinic (beauty salon)
A dossier of an aesthetic clinic (beauty salon) establishment includes:
(1) An application for issuance of an operating license;
(2) A certified copy of the Enterprise Registration Certificate or Investment Registration Certificate for the foreign-invested clinic;
(3) A certified copy of the practice certificate of all practitioners and a list for registration of practitioners of the clinic;
(4) A declaration of facilities and medical equipment of the clinic;
(5) Personnel records of medical professionals in the clinic but not subject to the issuance of a practice certificate;
(6) Documents proving that the clinic meets the conditions of facilities, medical equipment and personnel organization in correspondence with the scope of professional practice;
(7) Expected scope of professional practice: the clinic proposes the scope of professional practice, and the technical portfolio is expected to be implemented on the basis of the professionally technical portfolio issued by the Minister of Health.
2. Process for implementing the establishment procedures of an aesthetic clinic (beauty salon)
- Step 1: Preparing and submitting the dossier to competent authorities;
- Step 2: Competent authorities receive and appraise the validity of the dossier;
- Step 3: Supplementing and adjusting the dossier as required by the competent authorities (if any);
- Step 4: Receiving the results.
When the above papers and documents are fully prepared as 01 set of dossier, the legal representative or authorized representative submits it at the provincial Department of Health where an aesthetic clinic (beauty salon) or Ministry of Health if it is the application for issuance of the operating license of clinics under the management of Ministry of Health, or private hospitals or hospitals under the management of other ministries; The time for obtaining a license to establish a specialized clinic of cosmetic surgery is expected to 90 working days.
4. Answer questions about establishing an aesthetic clinic (beauty salon)
There are some common questions concerning the establishment of an aesthetic clinic (beauty salon), as follows:
a. How is an established aesthetic clinic (beauty salon) without the operating license fined?
Pursuant to the provisions of Point A, Clause 6 and Point C, Clause 7, Article 39 of Decree 117/2020/ND-CP, an aesthetic clinic (beauty salon) providing medical examination and treatment services without the operating license; or is in the suspension period of operation; or operated at the location that is not indicated in the operating license shall be fined from 40.000.000 VND to 50.000.000 VND. In addition, the additional penalty is operation suspension of such a facility for a period of 12 months to 24 months.
b. What conditions must an aesthetic clinic (beauty salon) with massage services meet?
The conditions for operating an aesthetic clinic (beauty salon) with massage services as defined by Article 38 of Decree 109/2016/ND-CP include:
- Firstly, conditions of facilities
(1) A location is fixed and separated from the home living place, ensuring enough light;
(2) Massage rooms must ensure the conditions as prescribed by law.
- Secondly, conditions of equipment
(1) Hygienic bathrooms, ensuring sufficient electricity, water and other sanitary conditions to take care of customers;
(2) Suitable massage beds or chairs or cushions; bed sheets, pillows, towels that satisfy the requirements of hygiene;
(3) Examination and treatment beds, emergency and medicine cabinets, desks and some medical instruments (stethoscopes, blood pressure monitors, thermometers, needle pumps) at the doctor's office;
(4) Sufficient emergency medicine for common diseases.
- Thirdly, the condition of personnel:
(1) The persons responsible for expertise in the facilities providing massage services must be doctors, physicians or technicians who have majored in one of the sectors of rehabilitation, physiotherapy or traditional medicine, or have certificates in training in rehabilitation, physiotherapy or traditional medicine. In the case of prescribing drugs, the persons responsible for technical expertise must be doctors who are specialists in rehabilitation, physiotherapy or traditional medicine;
(2) If the persons work at the facilities conducting massage techniques, they must have certificates or training certificates of massage issued by legitimate training facilities;
(3) An employee performing massage techniques must wear neat, clean and beautiful clothes with badges stating the name of such a facility and employee and a photo measuring 3cm x 4cm.
In addition to the above conditions, an aesthetic clinic (beauty salon) must have a certificate of eligibility for security order and a certificate of fire prevention and fighting (if any).
The above is the content of NPLaw's consultation on the issue of establishing an aesthetic clinic (beauty salon). If you want to establish an aesthetic clinic (beauty salon), this is the legal knowledge to do business legally and safely. In case of any further inquiries related to the above issue or other legal ones, please contact NPLaw immediately for advice and guidance to resolve.
