Overview
Healthcare facility licensing in Vietnam — the regulation of who may establish and operate hospitals, clinics and other healthcare facilities — was substantially reshaped by Law 15/2023/QH15 and its implementing instruments effective 1 January 2024. The defining change is the abolition of the long-standing administrative hierarchy (special grade / I / II / III; central / provincial / district / commune tiers) for licensing purposes, replaced by a three-tier professional-technical level classification (initial, basic and specialised levels) determined by clinical capacity, technical support, training and research — not by administrative position in the health system.
Scope of this page:
- The operating licence for a medical facility — what it is and who needs it.
- The new three-tier professional-technical level scheme and the 2024–2025 transition.
- Recognised facility types — hospitals, clinics, traditional-medicine facilities, commune health stations.
- Issuing authority split between Ministry of Health and provincial Department of Health.
- Personnel and leadership requirements.
- Quality accreditation under Circular 35/2024/TT-BYT and the legacy MOH quality criteria.
- Sanctions for operating without a licence.
What the operating licence is: The operating licence is the establishment-level operating licence that every facility delivering medical examination and treatment in Vietnam must hold. The licence specifies the facility type, the scope of medical activities authorised, the professional-technical level, and any specialty limitations. The operating licence is open-ended in duration but subject to periodic inspection and quality assessment; it may be suspended or revoked for breach of operating conditions or for falling below the basic quality standards now mandated by Circular 35/2024/TT-BYT.
The new three-tier classification (from 1 January 2025): Under the 2024 reform, every licensed facility is classified into one of three professional-technical levels:
- Initial level — primary care: commune health stations, family-medicine clinics, basic outpatient facilities. Limited to defined first-contact services.
- Basic level — general hospitals and multi-specialty clinics providing the routine range of inpatient and outpatient services for the population.
- Specialised level — tertiary hospitals with advanced sub-specialty capacity, training and research function, complex surgery, organ transplantation, advanced diagnostic and therapeutic technologies.
Implementation: every existing licensed facility was required to self-score against the new technical-level criteria via chatluongbenhvien.vn by 25 October 2024 per Official Letter 5845/BYT-KCB (2024). The new tiering took practical effect from 1 January 2025. Legacy grade labels continue to appear in some health-insurance pricing and salary-grade contexts but are no longer the licensing classifier.
Recognised facility types under Law 15/2023:
- Hospital — general or specialty.
- Multi-specialty clinic.
- Single-specialty clinic.
- Family-medicine clinic.
- Traditional-medicine examination and treatment establishment.
- Maternity home.
- Paraclinical/diagnostic service facility — imaging, laboratory.
- Charitable medical facility.
- Commune-, ward- and township-level health station — the primary-care base of the public system.
- Other facility types as defined by Decree 96/2023.
Issuing authority:
- Ministry of Health issues the operating licence for hospitals under direct MOH management, foreign-invested medical facilities, and facilities of central ministries (other than Defence and Public Security, which operate their own systems).
- provincial Department of Health issues the operating licence for all other facilities operating in the province — the majority pathway by volume, covering provincial hospitals, district hospitals, private hospitals, the full range of private clinics, and commune health stations.
Personnel and leadership requirements: Decree 96/2023/ND-CP sets minimum personnel requirements per facility type, including the qualifications of the responsible professional lead (equivalent to a clinical director). Generally:
- The responsible professional lead must hold a valid practising certificate in the appropriate specialty.
- Minimum 36 months of post-license practice in the specialty.
- Senior staff (heads of department, heads of clinical service) must hold the appropriate practising certificate scope.
- Minimum aggregate staffing per facility type is specified in the Decree's Annexes.
Quality accreditation:
- Circular 35/2024/TT-BYT (issued 16 November 2024) introduces basic quality standards applied from 1 January 2025. Annual self-assessment against the basic standards is now a statutory requirement under Article 57 of Law 15/2023; falling below triggers corrective measures and may lead to operating licence suspension.
- The Vietnam Hospital Quality Criteria v2.0, issued by Decision 6858/QD-BYT (2016), remains in use for the annual MOH quality check; Decision 3652/QD-BYT (3 December 2024) issued the 2024–2025 implementation plan.
- No state-mandated equivalent of Joint Commission International (JCI) or ISO 9001 — these accreditation systems are voluntary and pursued by some private and foreign-invested hospitals for international branding.
Sanctions:
- Administrative — Decree 117/2020/ND-CP, as amended by Decree 124/2021/ND-CP, covers operating without an operating licence, operating beyond the licensed scope, and below-standard quality. Penalties range from fines to suspension or revocation of the licence.
- Criminal — Penal Code Article 315 (medical-practice violations) can attach to facility operators in the case of aggravated breaches involving patient harm.
Key documents
Foundational law:
- Law 15/2023/QH15 — Chapter IV on healthcare facilities. Effective 1 January 2024.
- Law 112/2025/QH15 — terminology update, effective 1 March 2026.
Implementing decree:
- Decree 96/2023/ND-CP — Chapter III on facility conditions, establishment, organisation, and the personnel matrix.
Implementing circulars:
- Circular 32/2023/TT-BYT — technical details for facility scope, signage, list of techniques.
- Circular 35/2024/TT-BYT — basic quality standards, applied from 1 January 2025.
Quality criteria:
- Vietnam Hospital Quality Criteria v2.0 (Decision 6858/QD-BYT, 2016).
- Decision 3652/QD-BYT (3 December 2024) — 2024–2025 implementation plan for the annual MOH quality check.
Transition:
- Official Letter 5845/BYT-KCB (2024) — self-scoring instruction for the new three-tier classification.
Sanctions:
- Decree 117/2020/ND-CP (amended by Decree 124/2021).
- Penal Code Article 315.
Source documents
Direct links to the official text on government portals.
Law and decree:
- Law 15/2023/QH15 — https://vanban.chinhphu.vn/?pageid=27160&docid=207396
- Decree 96/2023/ND-CP — https://vanban.chinhphu.vn/?pageid=27160&docid=209491
Circulars:
- Circular 32/2023/TT-BYT — https://thuvienphapluat.vn/van-ban/the-thao-y-te/circular-32-2023-tt-byt-elaboration-of-the-law-on-medical-examination-and-treatment-595654.aspx
- Circular 35/2024/TT-BYT (basic quality standards) — see thuvienphapluat.vn search.
- Official Letter 5845/BYT-KCB 2024 — https://luatvietnam.vn/y-te/cong-van-5845-byt-kcb-2024-xep-cap-chuyen-mon-ky-thuat-co-so-kham-benh-chua-benh-366960-d6.html
Operational portals:
- Ministry of Health — Medical Services Administration — https://kcb.vn
- Hospital quality assessment — https://chatluongbenhvien.vn
Sanctions:
- Decree 117/2020/ND-CP — https://vanban.chinhphu.vn/default.aspx?pageid=27160&docid=201105
Medibase cross-references:
- Reference — Medical Practice Licensing — /practice/practice-licensing/
- Reference — Telemedicine — /practice/telemedicine/
- Reference — Traditional Medicine — /medicine/traditional-medicine/
Recent updates
9 January 2023 — Law 15/2023/QH15 passed.
30 December 2023 — Decree 96/2023/ND-CP issued.
31 December 2023 — Circular 32/2023/TT-BYT issued.
1 January 2024 — Law 15/2023, Decree 96/2023, and Circular 32/2023 enter into force.
16 November 2024 — Circular 35/2024/TT-BYT (basic quality standards) issued.
25 October 2024 — Deadline for facilities to self-score against the new three-tier classification per Official Letter 5845/BYT-KCB.
3 December 2024 — Decision 3652/QD-BYT issued the 2024–2025 implementation plan for the annual MOH quality check.
1 January 2025 — Circular 35/2024/TT-BYT basic quality standards apply; new three-tier professional-technical level classification takes practical effect.
1 March 2026 — Law 112/2025/QH15 terminology update effective.
Resources & links
Operational portals:
- Ministry of Health — Medical Services Administration — https://kcb.vn
- Hospital quality assessment portal — https://chatluongbenhvien.vn — annual self-assessment platform under the Hospital Quality Criteria v2.0 and the basic quality standards of Circular 35/2024.
- provincial Department of Health — provincial DOH portals for operating licence issuance to facilities operating in the province.
Legal text portals:
- Government Portal — legal documents — https://vanban.chinhphu.vn
- Official Gazette (online) — https://congbao.chinhphu.vn
- Thu Vien Phap Luat — https://thuvienphapluat.vn
- National Legal Portal — https://vbpl.vn
Medibase cross-references:
- Reference — Medical Practice Licensing — /practice/practice-licensing/
- Reference — Telemedicine — /practice/telemedicine/
- Reference — Traditional Medicine — /medicine/traditional-medicine/
Legal basis
- 124/2021/ND-CP — Amending Decree 117/2020 on health-sector administrative penalties
- 117/2020/ND-CP — Administrative penalties in the health sector
- 96/2023/ND-CP — Second amendment of Decree 98/2021 on the management of medical devices
- 15/2023/QH15 — Law on Medical Examination and Treatment
- 32/2023/TT-BYT
- 112/2025/QH15
- 35/2024/TT-BYT
Frequently asked questions
- What is the operating licence?
The operating licence for a medical facility — the establishment-level operating licence required for every facility delivering medical examination and treatment in Vietnam. It specifies the facility type, scope of activities, professional-technical level, and any specialty limitations.
- What replaced the old grade I/II/III classification?
A three-tier professional-technical level scheme — initial, basic and specialised levels — determined by clinical capacity, technical support, training and research function. Implementation was via self-scoring on chatluongbenhvien.vn by 25 October 2024 (per Official Letter 5845/BYT-KCB), with practical effect from 1 January 2025. Legacy grade labels persist in some health-insurance pricing and salary contexts but are no longer the licensing classifier.
- Who issues the operating licence?
Ministry of Health through the Medical Services Administration for hospitals under direct MOH management, foreign-invested facilities, and facilities of central ministries (apart from Defence and Public Security). provincial Department of Health for all other facilities operating in the province — covering provincial and district hospitals, private hospitals, the full range of private clinics, and commune health stations.
- Are there mandatory quality standards?
Yes — Circular 35/2024/TT-BYT introduced basic quality standards applied from 1 January 2025, with annual self-assessment as a statutory requirement under Article 57 of Law 15/2023. The Hospital Quality Criteria v2.0 (Decision 6858/QD-BYT, 2016) remains in use for the annual MOH quality check. JCI and ISO 9001 are voluntary.
- What are the penalties for operating without operating licence?
Administrative penalties under Decree 117/2020/ND-CP (amended by Decree 124/2021) include fines and licence suspension or revocation. Criminal liability under Penal Code Article 315 can attach in cases of aggravated breaches with patient harm.
Page changelog
2026-06-28: Initial publication. Reflects Law 15/2023/QH15 Chapter IV (effective 1 January 2024), Decree 96/2023/ND-CP Chapter III, Circular 32/2023/TT-BYT, Circular 35/2024/TT-BYT (basic quality standards from 1 January 2025), Decision 6858/QD-BYT, Decision 3652/QD-BYT (2024–2025 quality plan), Official Letter 5845/BYT-KCB (three-tier self-scoring), and Law 112/2025/QH15 terminology update.
- Effective from:
- 2025-01-01
- Last reviewed:
- 2026-06-28
- Page updated:
- 2026-10-27