Private clinics have become a popular choice for people seeking medical services due to their convenience. As a result, the number of private clinics has been steadily increasing to meet public demand. However, the establishment and operation of these clinics must comply with specific legal requirements.

Below, NPLaw provides a detailed explanation of the legal regulations and procedures for establishing private clinics in Vietnam.


Legal basis

  1. Criminal Code No. 100/2015/QH13, adopted by the National Assembly on November 27, 2015, amended and supplemented in 2017.
  2. Law on Medical Examination and Treatment No. 40/2009/QH12, adopted by the National Assembly on November 23, 2009, amended and supplemented in 2017.
  3. Decree No. 109/2016/NĐ-CP, issued by the Government on July 1, 2016, regulating the issuance of practice certificates to practitioners and operation licenses for medical examination and treatment facilities, amended and supplemented in 2018.
  4. Decree No. 31/2021/NĐ-CP, issued by the Government on March 26, 2021, detailing and guiding the implementation of certain provisions of the Law on Investment.

I. What is a private clinic?

A private clinic is a healthcare facility established, managed, and operated by an individual or organization in accordance with the law, without Government intervention in its operations.

Private clinics can take one of four forms:

  • General clinic
  • Specialized clinic
  • Family doctor clinic
  • Traditional medicine clinic

II. Conditions for establishing the private clinic

According to Articles 42 and 43 of the Law on Medical Examination and Treatment 2009, the following conditions must be met:

1. Legal conditions

  • A decision of establishment from a competent authority for clinics under State’s management; or a business registration certificate or investment license in accordance with the law for medical examination and treatment facilities.
  • An operating license issued by the Minister of Health, Minister of National Defense, or the Director of the Department of Health.

2. Conditions for obtaining the operating license

  • Complying with national technical standards for medical examination and treatment facilities issued by the Minister of Health.
  • Having sufficient qualified medical practitioners for the scope of services provided.
  • Having a person in charge of professional expertise of a medical examination and treatment facility with at least 36 months of medical practice experience.

In case of registration to establish a specialized clinic or family doctor, in addition to the above conditions, the head of the facility must be a practitioner with a professional degree appropriate to the type of practice.


Additionally, requirements regarding location, infrastructure, and staff are also met depending on each specific facility.

III. Procedures for establishing the private clinic

1. Required dossier

An application dossier for the operating license generally includes:

  • Application form;
  • Certified copy of the business registration certificate;
  • List of medical practitioners, and certified copies of practice certificates;
  • Description of facilities, medical equipment, and organizational structure;
  • List of other healthcare personnel that not required to have practicing certificates;
  • Documents proving compliance with all technical and professional conditions;
  • Operational charter (for a private hospital).

2. Procedures for establishing the private clinic

  • Step 1: Preparing a complete application dossier
  • Step 2: Submitting the dossier to the competent authority
  • Step 3: Reviewing and conducting an assessment by the authority
  • Step 4: Receiving the operating license

Licensing authorities:

  • Ministry of Health
  • Ministry of National Defense
  • Provincial Department of Health

Processing time: 90 days from the date of receipt of the complete dossier.

IV.  Questions for establishing private clinics 

1. What is the fine for operating without a license?

According to Decree 117/2020/NĐ-CP, operating without a license incurs a fine ranging from 40,000,000 VND to 50,000,000 VND.

2. Is it criminally prosecuted to establish a private clinic without a license?

Although there’s no specific criminal provision for unlicensed clinics, Article 315 of the Criminal Code applies if the clinic’s actions cause serious consequences such as death, significant injuries, or property damage. Fines range from 1 to 15 years of imprisonment and/or monetary fines of 10,000,000 VND to 50,000,000 VND, along with potential bans from practicing or holding specific positions for up to 5 years.

3. Can foreigners establish a private clinic in Vietnam?

Under Decree 31/2021/NĐ-CP, private clinics are not restricted for foreign investors because private clinics are not on the list of industries that have not been allowed to access the market, or industries that have limited market access for foreign investors.

4. Can doctors sell medicine at their private clinics?

According to Article 6 of the Law on Medical Examination and Treatment 2009, medical practitioners are prohibited from selling medicines directly, except for traditional medicine doctors and practitioners with traditional recipes.

V. Legal support for establishing private clinics

NPLaw offers consultation services for establishing medical facilities, including private clinics. Our experienced lawyers and legal specialists guide clients through licensing procedures to ensure full compliance with Vietnamese law.