Opening a foreign-invested clinic in Vietnam attracts growing investor interest, but healthcare is a tightly conditional sector. Beyond the investment registration certificate, investors must obtain an operating license for the medical examination and treatment establishment. This guide summarizes the conditions, competent authority and licensing procedure under current law.
1. Applicable Legal Framework (in force as of 14 October 2026)
- Law on Medical Examination and Treatment 15/2023/QH15 (effective 1 January 2024) — replacing Law 40/2009/QH12. Note the correct citation: 15/2023/QH15.
- Decree 96/2023/ND-CP (effective 1 January 2024) — detailed guidance; replacing Decree 109/2016/ND-CP.
- Investment Law 143/2025/QH15 (effective 1 March 2026) — replacing Investment Law 61/2020/QH14; governing the Investment Registration Certificate (IRC).
2. Conditions for a New Operating License (Article 52, Law 15/2023/QH15)
A clinic (general or specialized) applying for a new operating license must satisfy:
- Legally established in accordance with the law;
- An appropriate organizational structure;
- A stable practice location;
- Physical facilities suitable for the registered scope of professional practice;
- Adequate medical equipment;
- Sufficient practitioners and one person in charge of professional matters.
Requirements for the Person in Charge of Professional Matters (Articles 39–40, Decree 96/2023)
- Must practice full-time at the establishment, with a practice scope matching the establishment’s registered scope;
- Must have at least 36 months of practice experience within that scope;
- Heads of specialized departments must hold a matching practice license and practice full-time at the establishment.
3. Competent Licensing Authority
Under Article 67 of Decree 96/2023/ND-CP, the Department of Health (the provincial-level specialized health agency) grants new and re-issued operating licenses to medical establishments in its locality, except those managed by the Ministry of Health, Ministry of National Defence or Ministry of Public Security. A private foreign-invested clinic normally falls under the Department of Health of the province where it is located.
4. Procedure and Timeline
- Submit one dossier applying for a new operating license to the Department of Health;
- The Department conducts an appraisal within no more than 60 days of receiving a complete dossier;
- Issuance within 10 working days of the appraisal minutes (or 10 working days after the establishment completes required amendments/supplements).
5. Additional Conditions for Foreign Investors
Healthcare is a conditional investment sector — foreign investors must obtain an Investment Registration Certificate (IRC) under Investment Law 143/2025 before applying for the operating license. Under Vietnam’s WTO commitments (CPC 9311), foreign investors may establish 100% foreign-owned hospitals, joint ventures or business cooperation contracts, subject to minimum investment capital:
- General clinic: USD 2 million;
- Specialized treatment facility: USD 200,000;
- Hospital: USD 20 million.
Practical note: these minimums are international commitments; IRC-issuing authorities may apply flexibility to specific projects in practice.
6. Common Pitfalls and Recommendations
- Operating without a license: administrative penalties, forced suspension, and possible criminal liability for serious consequences.
- Person in charge lacking 36 months’ experience or not practicing full-time: the dossier will be returned, delaying licensing.
- Registered scope exceeding actual capacity: failure at the on-site appraisal.
- Filing with the wrong authority (Ministry instead of Department of Health): wasted time — identify the correct authority from the outset.
7. Frequently Asked Questions
Can a 100% foreign-owned clinic be licensed?
Yes. Under WTO commitments, foreign investors may establish wholly foreign-owned healthcare establishments, subject to minimum capital and the professional conditions of Law 15/2023/QH15.
How long does licensing take?
Appraisal takes no more than 60 days from receipt of a complete dossier, then issuance within 10 working days of the appraisal minutes.
What documents do foreign doctors working at the clinic need?
Besides a Vietnamese practice license, foreign doctors need a work permit under labor law. See also: Hiring Foreign Workers in Vietnam: Work Permit Guide.
Department of Health or Ministry of Health — which licenses a private clinic?
Normally the Department of Health of the province where the clinic is located (Article 67, Decree 96/2023), except establishments managed by the Ministry of Health, Ministry of National Defence or Ministry of Public Security.
8. Legal Sources
- Law on Medical Examination and Treatment 15/2023/QH15 (effective 1 January 2024).
- Decree 96/2023/ND-CP guiding the Law on Medical Examination and Treatment (effective 1 January 2024).
- Investment Law 143/2025/QH15 (effective 1 March 2026).
Validity status checked on 14 October 2026 via thuvienphapluat.vn.
Transparency Note
This article is for general reference only and does not constitute legal advice for your specific case. It has been quality-checked by FLAT’s AI Legal Council; it is not a conclusion reviewed by a licensed human lawyer.
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