Contents
Article 3 Decree Scope of Application
Part 2: Types, Features, Sizes of Private Hospitals
Article 4 Types of Private Hospitals
Article 5 Features of Private Hospital
Article 6 Levels of Private Hospitals
Part 3: The Organization and Operation of Private Hospitals
Article 7 Functions of Private Hospitals
Article 8 Duties on Services of Private Hospitals
Article 9 Scope of Rights of Private Hospitals
Article 10 Directors of Private Hospitals
Article 11 Staff Recruitment for Private Hospitals
Article 12 Obligations of Private Hospitals
Article 13 Importation of Equipment and Medical Products
Article 14 Government Policies on Private Hospitals
Part 4: Approval for Private Hospital Business Operation
Article 15 Private Hospital Operation
Article 16 Application Procedure for Private Hospital Business Operation
Article 17 Consideration and Approval for Business Operation
Part 5: Transfer and Dissolution of Private Hospitals
Article 18 Transfer of Business
Article 19 Dissolution of Private Hospitals
Part 6: Implementation Measures
Article 20 Supervision and Inspection
Article 21 Prohibition of Services of Private Hospitals
LAO PEOPLE’S DEMOCRATIC REPUBLIC
PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY
The Government No. 151/ GOV
Vientiane Capital, 28 April 2014
DECREE
On
Private Hospitals
- Pursuant to the Law on Government of Lao PDR, No. 02/NA, dated 06 May 2003;
- Pursuant to the Law on Investment Promotion, No. 02/NA, dated 08 July 2009;
- Pursuant to the Law on Healthcare, No. 09/NA, dated 09 November 2005;
- Pursuant to the Letter from Minister of Health, No. 0206/MOH, dated 12 February 2014.
Government hereby issued a Decree:
General Provision
This Decree defines principles, regulation and measures related to the supervision of Private Hospital business operation in order to ensure that the organization and implementation of such hospitals to be compliant with the Party’s policies and laws and regulations of the government for health services to have high quality, effectiveness and fair.
Private Hospitals are places for providing services on health checkup, diagnosis, treatment, restoration, health promotion and disease prevention with medical equipment, beds and healthcare professionals in accordance with regulations, which are owned by private sector that received an approval from the Ministry of Health.
Article 3 Decree Scope of Application
This Decree applies to individuals, legal entities that operate private hospital business in Lao PDR.
Types, Features, Sizes of Private Hospitals
Article 4 Types of Private Hospitals
There are 2 types of private hospitals as following:
1)Hundred percent private invested hospital (100%);
2)Public and private joint-venture hospitals.
Article 5 Features of Private Hospital
There are 3 features of private hospitals as following:
1)General hospitals that provide healthcare services in each level containing many different medical fields, but may specialize on certain medical fields;
2)Specialized hospitals that provide healthcare services in each level focusing mainly on certain medical fields that specializes on certain conditions;
3)Traditional medical hospitals that provide healthcare services in each level focusing mainly on traditional medical.
Article 6 Levels of Private Hospitals
There are 3 levels of private hospitals as following:
Level 1. Big hospitals
Level 2. Medium size hospitals
Level 3. Small hospitals
All types of hospitals, features and levels shall have qualified human resources and modern medical equipment in having healthcare services levels of highest, high and medium as specified in Article 13, 14 and 15 of the Law on Healthcare.
The Organization and Operation of Private Hospitals
Article 7 Functions of Private Hospitals
In order to provide services of private hospitals that authorized by the Ministry of Health have functions to operate healthcare services that meet standards, have different technics and technologies and equity in front of laws on providing services.
Article 8 Duties on Services of Private Hospitals
Private hospitals have following duties:
1.To implement medical technics technologies with standard and accuracy;
2.To establish, organize, operate and conduct medical scientific research in country and internationally.
3.To cooperate with public sector to provide continuous education, training for doctors, nurses and other health staff.
Article 9 Scope of Rights of Private Hospitals
Private hospitals have following main scope of rights:
1.To be based on content of the approval and relevant regulations of Lao PDR;
2.To operate according to the rules and mechanism of private hospitals;
3.To contact, sign contract, other records with individuals, legal entities or internal and international organizations in accordance with conditions and laws and regulations of Lao PDR.
Article 10 Directors of Private Hospitals
Directors of medical section of private hospitals invested by foreigners to operate private hospital business shall be at least one Lao national doctor who meet the conditions, technical standards and with more than 10 year experience on healthcare, if still be a government official, shall receive permission from the Healthcare Professional Administrative Council of the Ministry of Health and be able to work after official working hours only, have good historical performance with ethic and have never been punished by the court related to misconduct of this profession.
Article 11 Staff Recruitment for Private Hospitals
Technical staff of private hospitals shall implement as follow:
Article 12 Obligations of Private Hospitals
Private Hospitals have following obligations:
Article 13 Importation of Equipment and Medical Products
Importation of equipment and medical products for healthcare service operation of private hospitals in Lao PDR shall receive an approval from relevant authorities as defined in laws and regulations of Lao PDR.
Article 14 Government Policies on Private Hospitals
Government has specific promotion policies and there are incentives on renting fees or government land concession, tariffs, taxation and other fees for importation of equipment, medical products and operation of all types, features and levels of private hospitals.
Approval for Private Hospital Business Operation
Article 15 Private Hospital Operation
Domestic and foreign Individuals, legal entities wish to operate a private hospital business firstly shall submit application to the Ministry of Industry and Commerce as defined in the Law on Investment Promotion, Law on Enterprises and other relevant laws and regulations, then such application will be forwarded to the Ministry of Health for comments that will form as information for the Ministry of Industry and Commerce to for consider and issue a business registration.
Article 16 Application Procedure for Private Hospital Business Operation
After receiving a business registration from the Ministry of Industry and Commerce, individuals, legal entities wish to operate a private hospital business shall submit application with requested documents to the Ministry of Health requesting for operating of a private hospital service business, which will follow the printed forms provided by the Ministry of Health.
Article 17 Consideration and Approval for Business Operation
After receiving the application and checking all documents to be compliant with Article 16 of this Decree, the Ministry of Health shall consider issuance a private hospital business operating license for the applicant within 30 days from the date of receiving application.
Private hospitals that have operated healthcare services but would like to expand, increase scope of activities, hospital size or to branch expansion in other places shall prepare documents to apply for approval with the Ministry of Health, Ministry of Industry and Commerce and other relevant line ministries as defined in laws and regulations.
Transfer and Dissolution of Private Hospitals
Article 18 Transfer of Business
In case of private hospital owners cannot continue their business because of some reasons or have an intention to transfer their business to others, shall notify in written prior six months with documents and contract between the old owners and new owners to the Ministry of Planning and Investment and Ministry of Health.
Article 19 Dissolution of Private Hospitals
Private hospitals may be dissolved by following cases:
Health Authority shall report to the higher level for consideration of dissolution of private hospital business on a case by case basis.
Implementation Measures
Article 20 Supervision and Inspection
The Ministry of Health, local administrative authorities and relevant line ministries are authorities who supervise and inspect private hospital business operation, if it is found that there are illegal operation against laws and regulations, health authority shall coordinate with relevant line ministries to establish a committee for inspection such hospitals.
Article 21 Prohibition of Services of Private Hospitals
Private hospitals are prohibited to provide the following services:
Final Provisions
The Ministry of Health is assigned to consider and approve the logo of each types of private hospitals based on the request of relevant sectors.
Private hospitals have their own seal to facilitate their operation.
The Ministry of Health is assigned to closely cooperate with the Ministry of Planning and Investment, Ministry of Finance, Ministry of Industry and Commerce and relevant line ministries to strictly implement this Decree.
Ministries, organizations equivalent to Ministries and local authorities in all levels shall acknowledge and implement this Decree according to their functions, scope of rights and duties.
This Decree is effective from the date of signature and replaces Decree No. 016/PM, dated 09 February 1998.
Any regulations, provisions that contradict with and Decree shall be canceled.
Government of Lao PDR
Prime Minister
[Signature and Seal]
Thongsing Thammavong
Name | Description | Status |
---|---|---|
Prohibitions on private hospital enterprises | Private hospital enterprises are prohibited from engaging the following: 1. Trading of products and organs from living human body or cadaver; 2. Advertising beyond the reality by using any forms to attract the patients; 3. Importation of medical equipment, medicines or medical products without authorization; 4. Importation of old or second hand medical equipment for use in the private hospital; 5. Importation of same medical equipment, medicines or medical products for distribution and sales in the market which is the same as medicines and medical equipment import-export company; 6. Conduct medical services and issue the medical license that are not in compliance with the Law on Medical Service and other relevant laws and regulations. | Active |
Requirement to notify Ministry of Health before transfer of a health business | The transfer of business engaged in the health sector must be notified to the Ministry of Health 6 months before the proposed transfer. | Active |
Requirement to obtain import approval for medical equipment | The importation of medical equipment is subject to prior approval from the relevant authorities. | Active |
Requirement to register hospital business enterprises | Any person or entity wishing to conduct hospital business activities must register an enterprise with the MOIC. | Active |