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Summary Information
Full Title

2009 ASEAN Mutual Recognition Arrangement on Medical Practitioners

Short Title / Abbreviations

MRA on Medical Practitioners

CIL Subject Classification
Date of Adoption 26/02/2009
Place of Adoption Cha-am, Thailand, 14th ASEAN Summit
Issued/Adopted by Economic Ministers of ASEAN
Dispute settlement provisions

Article VIII ‘Dispute Settlement’:

“8.1 ASEAN Member States shall at all times endeavour to agree on the interpretation and application of this MRA and shall make every attempt through communication, dialogue, consultation and cooperation to arrive at a mutually satisfactory resolution of any matter that might affect the implementation of this MRA.

8.2 The ASEAN Protocol on Enhanced Dispute Settlement Mechanism, done at Vientiane, Lao PDR on 29 November 2004, shall apply to disputes concerning the interpretation, implementation, and/or application of any of the provisions under this MRA upon exhaustion of the mechanism in Article 8.1.”

This Arrangement is one of the ‘Covered Agreements’ pursuant to Article 1.1 of the 2019 ASEAN Protocol on Enhanced Dispute Settlement Mechanism read together with its Appendix 1. The 2019 Protocol will only apply with respect to new requests for consultations made on or after its entry into force (20 June 2022).

Depository

ASEAN Secretariat

Entry Into Force Status In Force
Source

ASEAN Secretariat - ASEAN Legal Instruments

Date of Entry into Force

26/08/2009

Entry into Force / Termination Provisions

Article X ‘Final Provisions’: “10.2 This MRA shall enter into force six (6) months after the signing of this MRA by all ASEAN Member States. Any ASEAN Member State that wishes to defer implementation of this MRA shall notify the ASEAN Secretariat in writing of its intention within 6 months from the date of signature and the ASEAN Secretariat shall thereafter notify the rest of the ASEAN Member States. The deferment shall be effective upon notification by the ASEAN Secretariat to the other ASEAN Member States.”

Status
ASEAN States (Source:

ASEAN Legal Instruments

as of 29/09/2022)
Brunei Darussalam Signature 26/02/2009
Cambodia Signature 26/02/2009
Indonesia Signature 26/02/2009
Lao PDR Signature 26/02/2009
Malaysia Signature 26/02/2009
Myanmar Signature 26/02/2009
Philippines Signature 26/02/2009
Singapore Signature 26/02/2009
Thailand Signature 26/02/2009
Notification 12/06/2013
Vietnam Signature 26/02/2009
Related Instruments
This instrument amends/supersedes

1998 ASEAN Framework Agreement on Mutual Recognition Arrangements 

Related Instruments

1995 ASEAN Framework Agreement on Services

1992 Agreement on the Common Effective Preferential Tariff Scheme for the ASEAN Free Trade Area

External Links
Additional Information

Note Article V ‘Right to Regulate’:

“This MRA shall not reduce, eliminate or modify the rights, power and authority of each ASEAN Member State, its PMRA and other relevant authorities to regulate and control medical practitioners and the practice of medicine. ASEAN Member States, however, should undertake to exercise their regulatory power reasonably and in good faith for this purpose without creating any unnecessary barriers to the practice of medicine.”

Note Article X ‘Final Provisions’:

“10.1 The terms and definitions and other provisions of the GATS and AFAS shall be referred to and shall apply to matters arising under this MRA for which no specific provision has been made herein.”