As reported, Mr. Nguyen Quang Tuan (former Director of Hanoi Heart Hospital, former Director of Bach Mai Hospital) was prosecuted for criminal liability forViolations in bidding causing damage serious” stipulated in Clause 3, Article 222 of the Penal Code.
Commenting on the case, reader Nguyen Cuong said that“it is necessary to investigate carefully punish the right person for the right crime. All people, no matter who they are, must obey the law.”
However, many people also expressed regret for a talented person with a golden hand in the village. Vietnamese cardiovascular surgery because he could not overcome the temptation and lost his entire career. Reader Thanh Hoa wrote: “If you are guilty, you must be punished by the law. Hopefully, after serving his sentence, he can continue to contribute to the country’s medical cause.”
Many readers have the same thoughts as reader Thanh Hoa There is also an opinion that after his prison term expires, Mr. Tuan can no longer continue to practice medicine. So is this opinion correct? Does the law allow doctors to continue practicing after violating the law? What level must be criminally handled?
Talking with reporters, lawyer Tran Xuan Tien, Head of Dong Doi Law Office, said that according to the provisions of the Penal Code, Mr. Tuan may be subject to an additional penalty of are prohibited from holding certain positions or doing certain jobs from 01 year to 05 years or have part or all of their assets confiscated.
However, additional penalties may be imposed on the doctor. Whether or not any additional penalty is applied must be based on the consideration and assessment of the case’s trial council.
On the other hand, based on point g, clause 1, Article 29 of the Law on Medical Examination and Treatment 2009The practicing certificate was revoked in the case: “The practitioner belongs to one of the subjects specified in Clause 4, Article 18 of this Law”.
Accordingly, the practicing certificate is revoked in: “…in case of being banned from practicing or doing work related to medical and pharmaceutical expertise according to a court decision; are being prosecuted for criminal liability; are serving a criminal sentence, a court’s criminal decision or a decision to apply administrative measures such as sending them to an educational facility or medical treatment facility; are currently being disciplined in the form of a warning or higher related to medical examination and treatment expertise; loss or limitation of civil act capacity.
Accordingly, if prosecuted or convicted, the doctor’s medical card will be revoked before or during the prison sentence. medical examination and treatment profession. Once he has completed his prison sentence, Dr. Tuan must prove that he meets the conditions to re-issue his practicing certificate.
According to the provisions of Clause 2, Article 8 of the Decree Decree 109/2016/ND-CPDossier to request re-issuance of a practicing certificate in case the certificate is revoked because the practitioner is determined to have made professional and technical errors causing serious consequences to the practitioner. The patient’s health and life includes: Application for re-issuance of practicing certificate; Certificate of continuously updating medical knowledge according to regulations of the Ministry of Health and a number of other documents such as professional diplomas or documents. Bachelor of Medicine degree.
Can I work at private hospitals after returning from prison?
According to regulations in Article 169 of the 2019 Labor CodeThe retirement age of employees under normal working conditions is adjusted according to the roadmap until reaching the age of 62 for male employees in 2028 and reaching the age of 62 for male employees in 2028. 60 years old for female workers by 2035.
From 2021, the retirement age for workers in normal working conditions is 60 years and 03 months for male workers and 55 years old. 04 months for female workers; After that, each year increases by 03 months for male employees and 04 months for female employees.
Employees with high technical expertise and some In special cases, it is possible to retire at a higher age but not more than 05 years old compared to the provisions in Clause 2 of this Article at the time of retirement unless otherwise prescribed by law.
In addition, employees Elderly workers are specifically regulated in Article 148 of the 2019 Labor Code as follows:
– Elderly workers are those who continue to work after the prescribed age. prescribed in Clause 2, Article 169 of this Code.
– Elderly employees have the right to agree with the employer on shortening daily working hours or applying a new working regime. part-time work.
– The State encourages the use of elderly workers to work in accordance with their health to ensure labor rights and effective use of human resources.</p >
Furthermore, the current Law on Medical Examination and Treatment does not have regulations prohibiting retired doctors from working at private medical examination and treatment facilities.
Thus, after being released from prison and completing practice procedures, Dr. Tuan can still practice as a doctor according to the above regulations. However, Dr. Tuan needs to pay attention to working hours as well as health issues.
