MINISTRY OF HEALTH OF VIETNAM
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 49/QD-BYT
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Hanoi, January 09, 2023
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DECISION
ANNOUNCEMENT OF SUPERSEDING ADMINISTRATIVE PROCEDURES;
ANNULLED ADMINISTRATIVE PROCEDURE IN THE FIELD OF PHARMACY UNDER MANAGEMENT OF
THE MINISTRY OF HEALTH IN CIRCULAR NO. 12/2022/TT-BYT DATED NOVEMBER 21, 2022
OF THE MINISTER OF HEALTH ON AMENDMENTS TO SOME ARTICLES OF CIRCULAR NO.
35/2018/TT-BYT DATED NOVEMBER 22, 2018 OF THE MINISTER OF HEALTH ON GOOD
MANUFACTURING PRACTICES FOR PHARMACEUTICAL PRODUCTS AND PHARMACEUTICAL STARTING
MATERIALS
MINISTER OF HEALTH
Pursuant to Decree No.
95/2022/ND-CP dated November 15, 2022 of Government on functions, tasks,
powers, and organizational structure of the Ministry of Health of Vietnam;
Pursuant to Decree No.
63/2010/ND-CP dated June 08, 2010 of the Government on control of
administrative procedures; Decree No. 48/2013/ND-CP dated May 14, 2013 of the
Government on amendments to a number of Articles of Decrees related to control
of administrative procedures and Decree No. 92/2017/ND-CP dated August 07, 2017
of the Government on amendments to some Articles of Decrees related to control
of administrative procedures;
Pursuant to Circular
No. 02/2017/TT-VPCP dated October 31, 2017 of the Minister, the Chairman of the
Government Office on provision of guidance on control of administrative
procedures;
Pursuant to Circular
No. 35/2018/TT-BYT dated November 22, 2018 of the Minister of Health on good
manufacturing practices for pharmaceutical products and pharmaceutical starting
materials;
Pursuant to Circular
No. 12/2022/TT-BYT dated November 21,
2022 of the Minister of Health on amendments to some Articles of Circular No.
35/2018/TT-BYT dated November 22, 2018 of the Minister of Health on good
manufacturing practices for pharmaceutical products and pharmaceutical starting
materials
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HEREBY DECIDES:
Article 1. Announce 02 superseding administrative procedures and 01
annulled administrative procedure enclosed with this Decision in the field of
pharmacy under the management of the Ministry of Health in Circular No.
12/2022/TT-BYT dated November 21, 2022 of the Minister of Health on amendments
to some Articles of Circular No. 35/2018/TT-BYT dated November 22, 2018 of the
Minister of Health on good manufacturing practices for pharmaceutical products
and pharmaceutical starting materials
Article 2. This Decision takes effect from the date on which it is
signed.
Article 3. Chief of the Ministry Office; Director of
Department of Legal Affairs; Director General of the Drug Administration of
Vietnam; Director of the Traditional Medicine Administration of Vietnam; Heads
of Departments, Ministerial Inspectorate, Inspectorate of General Department;
Directors of Departments of Health of provinces and Heads of relevant
units shall be responsible for implementation of this Decision.
PP. MINISTER
DEPUTY MINISTER
Do Xuan Tuyen
SUPERSEDING AND ANNULLED ADMINISTRATIVE PROCEDURES IN THE
FIELD OF PHARMACY UNDER MANAGEMENT OF THE MINISTRY OF HEALTH
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PART I.
LIST OF ADMINISTRATIVE PROCEDURES
1. LIST OF SUPERSEDING ADMINISTRATIVE PROCEDURES UNDER
MANAGEMENT OF THE MINISTRY OF HEALTH
NO.
Number of administrative procedure
Name of superseded administrative procedures
Name of superseding administrative procedures
Name of superseding document (2)
Field
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A. Central
administrative procedures
1
1.008439
Inspection of GMP
compliance in case of changes specified in Point b, Clause 2, Article 11 of
Circular No. 35/2018/TT-BYT dated November 22, 2018 of the Minister of
Health.
Inspection of GMP
compliance in case of changes specified in Points b, c or d Clause 2 of this
Article or in case the manufacturer of sterile pharmaceutical products and
pharmaceutical starting materials makes changes specified in Point dd, e and
g Clause 2 Article 11 of Circular No. 35/2018/TT-BYT dated November 22, 2018
of the Minister of Health.
Circular No.
12/2022/TT-BYT dated November 21, 2022 of the Minister of Health on
amendments to some Articles of Circular No. 35/2018/TT-BYT dated November 22,
2018 of the Minister of Health on good manufacturing practices for
pharmaceutical products and pharmaceutical starting materials
Pharmacy
Drug Administration, Traditional Medicine Administration
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Inspection of GMP
compliance in case of changes specified in Point c or d Clause 2 of Article
11 or in case the manufacturer of sterile pharmaceutical products and
pharmaceutical starting materials makes changes specified in Point d Clause 2
Article 11 of Circular No. 35/2018/TT-BYT dated November 22, 2018 of the
Minister of Health.
2
1.008441
Inspection of GMP
compliance in case of changes specified in Point h, Clause 2, Article 11 of
Circular No. 35/2018/TT-BYT dated November 22, 2018 of the Minister of
Health.
Declaration of
compliance with EU-GMP standards and EU-GMP equivalence for the manufacturer
2. List of annulled administrative procedures under management
of the Ministry of Health
NO.
Number of administrative procedure
Name of administrative procedures
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Field
Agency in charge
B. Central
administrative procedures
1
1.008442
Inspection of GMP
compliance in case of changes specified in Point dd, e and g Clause 2,
Article 11 of Circular No. 35/2018/TT-BYT dated November 22, 2018 of the
Minister of Health.
Circular No.
12/2022/TT-BYT dated November 21, 2022 of the Minister of Health on
amendments to some Articles of Circular No. 35/2018/TT-BYT dated November 22,
2018 of the Minister of Health on good manufacturing practices for
pharmaceutical products and pharmaceutical starting materials
Pharmacy
Drug Administration of Vietnam, Traditional Medicine
Administration
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PART II
DETAILED CONTENTS OF EACH ADMINISTRATIVE PROCEDURE
1. (Superseding
administrative procedures under management of the Ministry of Health)
1. Procedure
Inspection of GMP
compliance in case of changes specified in Points b, c or d Clause 2 of
Article 11 or in case the manufacturer of sterile pharmaceutical products and
pharmaceutical starting materials makes changes specified in Points dd, e and
g Clause 2 Article 11 of Circular No. 35/2018/TT-BYT
Implementation steps
Step 1: The manufacturer shall submit a report on changes
according to Form No. 6 specified in Appendix X issued together with Circular
No. 35/2018/TT-BYT and technical documents corresponding to changes to the
receiving authority
Step 2: After receipt of the application, the receiving authority
shall provide an application receipt note for the manufacturer according to
Form No. 01, Appendix I issued together with Decree No. 54/2017/ND-CP;
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b) In case the
application needs to be supplemented, within 10 working days from the date
stated in the receipt note, the receiving authority shall send a document to
the applicant which specifies the documents that need to be revised or
supplemented.
Step 3: After the applicant submits the supplemented application, the receiving authority shall return
receipt note to the applicant according to Form No. 01, Appendix I issued
together with Decree No. 54/2017/ND-CP.
a) If the application
is still unsatisfactory, the receiving authority shall give written
notification to the applicant according to point b of step 2;
b) If the supplemented
application is satisfactory, the receiving authority shall conduct inspection
according to point a of step 2;
Step 4: Within 05 days from the date of receipt of the
satisfactory application, the receiving authority shall establish an inspectorate,
notify the manufacturer of the inspectorate and estimate the time for site
inspection. Within 15 days from the date of the written notification, the
inspectorate shall conduct a site inspection of GMP compliance at the
manufacturer’s facility and make a record of inspection.
Step 5:
5.1. If the inspection
report shows that the manufacturer complies with GMP at level 1 as prescribed
at point a, Clause 3, Article 7 of Circular No. 35/2018/TT-BYT:
- Within 10 days from the date of signing the record of
inspection, the receiving authority shall issue a written agreement with
changes of the manufacturer.
5.2. If the inspection
report shows that the manufacturer complies with GMP at level 2 as prescribed
at point b, Clause 3, Article 7 of Circular No. 35/2018/TT-BYT:
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b) Within 45 days from
the date on which the receiving authority sends the GMP inspection report,
the manufacturer shall submit a rectification report including a plan and
evidences (such as documents, images, videos, certificates or other
documentary evidences) for rectification of issues specified in the GMP
inspection report;
c) Within 20 days from the receipt of the
rectification report, the receiving authority shall assess the rectification
by the manufacturer and give a conclusion about the level of its GMP
compliance:
- If the rectification is satisfactory, the receiving
authority shall issue a written agreement with changes of the manufacturer
- If the result of deficiency rectification shows that the
manufacturer still fails to comply with GMP, the receiving authority shall
request the manufacturer in writing to carry out further rectification and
submit an additional report. The manufacturer shall have 45 days from the
receipt of the written request to carry out the rectification and send report
thereof as requested.
d) Within 90 days from
the date of signing the record of inspection, if the manufacturer fails to
submit the rectification report or the rectification is still unsatisfactory,
the receiving authority shall send a notification of failure to comply with
GMP and impose one or some measures prescribed in Points a and b Clause 4 of
this Clause according to the nature and level of non-compliance with GMP.
5.3. If the inspection
report shows that the manufacturer complies with GMP at level 3 as prescribed
at point c, Clause 3, Article 7 of this Circular:
a) Within 05 working
days from the date of signing the record of inspection, the receiving
authority shall send the GMP inspection report to the manufacturer. The
manufacturer shall carry out rectification accordingly and send a
rectification report to the receiving authority;
b) Within 45 days from
the date on which the receiving authority sends the GMP inspection report,
the manufacturer shall submit a rectification report including a plan and
evidences (such as documents, images, videos, certificates or other
documentary evidences) for rectification of the issues specified in the GMP
inspection report;
c) Within 20 days from
the receipt of the rectification report, the receiving authority shall carry
out a site inspection and supervision of rectification at the manufacturer
before conclusion about the level of its GMP compliance
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- If the result of deficiency rectification shows that the
manufacturer still fails to comply with GMP, the receiving authority shall
request the manufacturer in writing to carry out further rectification and
submit an additional report. The manufacturer shall have 45 days from the
receipt of the written request to carry out the rectification and send report
thereof as requested.
d) Within 90 days from
the date of signing the record of inspection, if the manufacturer fails to
submit the rectification report or the rectification is still unsatisfactory
according to regulations of point c of this Clause, the receiving authority
shall send a notification of failure to comply with GMP and impose one or
some measures prescribed in Points a and b Clause 4 of this Clause according
to the nature and level of non-compliance with GMP.
5.4. If the inspection
report shows that the manufacturer complies with GMP at level 4 as prescribed
at point d, Clause 3, Article 7 of this Circular:
- Within 05 working days from the date of signing the
record of inspection, according to the assessment of risks of deficiencies in
the quality of pharmaceutical products and pharmaceutical starting materials,
and pharmaceutical product user safety, the receiving authority shall send a
notification of failure to comply with GMP enclosed with a GMP inspection
report. According to the nature and level of non-compliance with GMP, the
receiving authority shall impose one or some of the following measures:
a) Impose penalties for
administrative violations in accordance with regulations of the Law on
penalties for administrative violations;
b) Request the Minister
of Health to issue a decision on revocation of the certificate of eligibility
for pharmacy business as prescribed in Clause 2 Article 40 of the Law on
Pharmacy and revoke GMP certificate (if any).
c) If the manufacturer
is ineligible for one or several business activities specified in its
certificate of eligibility for pharmacy business, the receiving authority
shall:
- Request the Minister of Health to issue a decision on
revocation of the certificate of eligibility for pharmacy business to remove
the business activity for which the manufacturer is ineligible according to
regulations of Article 40 of the Law on Pharmacy and issue a new certificate
of eligibility for pharmacy business which is conformable with the business
activity for which the manufacturer is eligible;
- Issue GMP certificate which is conformable with the
business activity for which the manufacturer is eligible if it so wishes.
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Methods:
1. In person at the Reception Desk of the Ministry of
Health;
2. Online;
3. By public postal service
Quantity and
compositions of application
I. Compositions
of application:
a) Manufacturer’s
report on changes according to Form No. 06 specified in Appendix X issued
together with Circular No. 35/2018/TT-BYT;
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II. Quantity: 01 set
Time limit
30 days from the date
written on the application receipt note
Applicant
Organization
Agency in charge
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Results
- Certificate of eligibility for business of the
manufacturer.
- Declaration of GMP compliance on the website of Drug
Administration or Traditional Medicine Administration.
- Information about revocation of certificate of
eligibility for pharmacy business or GMP certificate on the website of Drug
Administration or Traditional Medicine Administration (if any)
Charges (if any)
Not specified
Name of form,
declaration form (attached to this procedure)
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Manufacturer’s report
on changes according to Form No. 06 specified in Appendix X issued together
with Circular No. 35/2018/TT-BYT;
Legal basis of
administrative procedure
1. Law on Pharmacy No. 105/2016/QH13 dated April 6, 2016.
2. Decree No. 54/2017/ND-CP dated May 08, 2017 on guidelines
for some articles and implementation of the Law on Pharmacy.
3. Government’s Decree No. 155/2018/ND-CP dated November 12,
2018 on amendments to some articles related to business conditions under
state management of the Ministry of Health
4. Circular No. 35/2018/TT-BYT dated November 22, 2018 of
the Minister of Health on good manufacturing practices for pharmaceutical
products and pharmaceutical starting materials;
5. Circular No. 12/2022/TT-BYT dated November 21, 2022 of
the Minister of Health on amendments to some Articles of Circular No.
35/2018/TT-BYT dated November 22, 2018 of the Minister of Health on good
manufacturing practices for pharmaceutical products and pharmaceutical
starting materials
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No: ………
………………., date…………month…………20.......
REPORT ON CHANGES TO GOOD MANUFACTURING PRACTICES FOR
PHARMACEUTICAL PRODUCTS AND PHARMACEUTICAL STARTING MATERIALS;
To: Drug Administration of Vietnam/ Traditional Medicine
Administration – the Ministry of Health
Name of manufacturer:
…………………………………………………………………………
Address of manufacturer:
Phone number:
..........................................Fax: …………………………………………… Email:
:…………………………………………….
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Phone number:
..........................................Fax: …………………………………………… Email: :…………………………………………….
Responsible pharmacist:
……………………………………, Year of birth: …………
Number of pharmacy
practicing certificate: ………………………………………………………
Place of issue:
…………………………; Date of issue ……………, Validity period: …………… (if any)
Certificate of
eligibility for pharmacy business No. : ……………, date of issue: …………… with the
following type and scope of business ( or certificate of GMP compliance No.
………, date of issue: ……… with the following certification scope):
…………………………………………………………………………………………………………
We would like to report
the following changes:
…………………………………………………………………………………………………………
List of documents related
to the changes (according to the type of change, enclosed with the
corresponding documents).
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Enclosures:
1. Copy of certificate of eligibility for pharmacy business
(or GMP certificate issued to the manufacturer for non-commercial purposes);
2. Copy of business registration certificate (or legal
documents on the establishment and functions of the manufacturer for
non-commercial purposes) (in accordance with additional contents, contents
of changes);
3. Overall profile of the manufacturer with updated changes.
Head of unit
(Signature, seal, full name)
2. Procedure
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Implementation steps
Step 1: The manufacturer shall submit a written notification of
changes according to attached form and technical documents corresponding to
changes to the receiving authority
Step 2: Within 05 days, the receiving agency shall publish the
following information on the web portal of the Ministry of Health and the
website of the receiving agency:
(Name of stringent
regulatory agency, inspection time, contents/scope of inspection and results
of inspection)
- Name and address of the manufacturer;
- Applied GMP standard;
- Number of certificate and its validity period;
- Name of stringent regulatory agency;
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Methods:
1. In person at Reception Desk of the Ministry of Health;
2. Online;
3. By public postal service
Quantity and
compositions of application
I. Compositions
of application:
a) Written notification
of changes of applied GMP standards and inspection and assessment conducted
by the stringent regulatory agency at the medical facility (Name of stringent
regulatory agency, inspection time, contents/scope of inspection and results
of inspection)
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II. Quantity: 01 set
Time limit
05 days from the date
written on the application receipt note
Applicant
Organization
Agency in charge
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Results
- Publish the results on the web portal of the Ministry of
Health and the website of the receiving authority
Charges (if any)
Not specified
Name of form,
declaration form (attached to this procedure)
Report on changes
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1. Law on Pharmacy No. 105/2016/QH13 dated April 06, 2016.
2. Decree No. 54/2017/ND-CP dated May 08, 2017 on guidelines
for some Articles and implementation of the Law on Pharmacy.
3. Government’s Decree No. 155/2018/ND-CP dated November 12,
2018 on amendments to some Articles related to business conditions under
state management of the Ministry of Health
4. Circular No. 35/2018/TT-BYT dated November 22, 2018 of
the Minister of Health on good manufacturing practices for pharmaceutical
products and pharmaceutical starting materials;
5. Circular No. 12/2022/TT-BYT dated November 21, 2022 of
the Minister of Health on amendments to some Articles of Circular No. 35/2018/TT-BYT
dated November 22, 2018 of the Minister of Health on good manufacturing
practices for pharmaceutical products and pharmaceutical starting materials
NAME OF GOVERNING BODY
NAME OF MANUFACTURER
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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………………., date…………month…………20.......
REPORT ON CHANGES TO APPLIED STANDARDS OF GOOD
MANUFACTURING PRACTICES FOR PHARMACEUTICAL PRODUCTS AND PHARMACEUTICAL STARTING
MATERIALS;
To: Drug Administration of Vietnam/ Traditional Medicine
Administration – the Ministry of Health
Name of manufacturer:
…………………………………………………………………………
Address of manufacturer:
Phone number:
..........................................Fax: ………………………………Email: ………………………….
Contact: ………………………………………
Title: …………………………………
Phone number:
..........................................Fax: ………………………………Email: ………………………….
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Number of pharmacy
practicing certificate: ……………………………………………………
Place of issue:
…………………………; Date of issue ……………, Validity period: …………… (if any)
Certificate of
eligibility for pharmacy business No. : ……………, date of issue: …………… with the
following type and scope of business (or certificate of GMP compliance No.
………, date of issue: ……… with the following certification scope):
…………………………………………………………………………………………………………
We would like to report
changes to applied GMP standards as follows:
- Additional GMP standard:
- Name of stringent regulatory agency:
- Inspection time:
- Contents/scope of inspection;
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After carefully studying
the Law on Pharmacy and other regulations on pharmacy practice, we hereby
declare that we fully comply with relevant legal documents and regulations on
pharmacy. We would like Drug Administration/Traditional Medicine Administration
to consider, inspect and declare applied GMP standard.
Enclosures:
1. Copy of certificate of eligibility for pharmacy business
(or GMP certificate issued to the manufacturer for non-commercial purposes);
Head of unit
(Signature, seal, full name)