THE MINISTRY OF PUBLIC HEALTH
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SOCIALIST
REPUBLIC OF VIET NAM
Independence
- Freedom - Happiness
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No: 02/2007/TT-BYT
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Hanoi,
January 24, 2007
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CIRCULAR
GUIDING IN DETAIL THE
IMPLEMENTATION OF A NUMBER OF ARTICLES ON DRUG-DEALING CONDITIONS PRESCRIBED BY
THE PHARMACY LAW AND THE GOVERNMENT'S DECREE NO. 79/2006/ND-CP OF AUGUST 9,
2006, DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE PHARMACY LAW
Pursuant to Pharmacy
Law No. 34/2005-QH11 of June 14, 2005;
Pursuant to the Government's Decree No. 49/2003/ND-CP of May 15, 2003,
specifying the functions, tasks, powers and organizational apparatus of the
Health Ministry;
Pursuant to the Government's Decree No. 79/2006/ND-CP of August 9, 2006,
detailing the implementation of a number of articles of the Pharmacy Law;
The Health Ministry hereby guides in detail the implementation of a number of
article on drug-dealing conditions prescribed by the Pharmacy Law and Decree
No. 79/2006/ND-CP of August 9, 2006, detailing the implementation of a number
of articles of the Pharmacy Law (hereinafter referred to as Decree No.
79/2006/ND-CP) as follows:
I.
GENERAL PROVISIONS
1.
Governing scope and subjects of application
a/ This Circular
guides in detail the implementation of a number of provisions on drug-dealing
conditions; geographical areas where drug-retailing establishments in the form
of drugstores, drug agents, commune health stations' medicine chests may be
opened; diplomas for galenic physicians or herbalists, certificates of
traditional drug prescriptions and traditional medicine and pharmacy
qualifications; the form of pharmaceutical practice certificate and the form of
certificate of full satisfaction of drug dealing conditions.
b/ This Circular
applies to Vietnamese organizations and individuals, overseas Vietnamese;
foreign organizations and individuals conducting drug business in Vietnam.
2.
Principles of guidance
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b/ Drug-dealing
organizations and individuals shall abide by the provisions of the Pharmacy
Law, Decree No. 79/2006/ND-CP, this Circular and other relevant legal
documents.
3.
Interpretation of terms
Drug-dealing locations
of enterprises mean locations where drugs are directly manufactured,
wholesaled, retailed or preserved or where drug-testing services are provided,
which are at the same places of, or places other than, their headquarters or
branch offices, and must be granted certificates of full satisfaction of
drug-dealing conditions under the provisions of the Pharmacy Law.
II.
DRUG-DEALING CONDITIONS
1. Drug-dealing
conditions
a/ Professional
managers possess the pharmaceutical practice certificates provided for in
Article 15 of Decree No. 79/2006/ND-CP.
b/ The material and
technical foundations and personnel meet the schedule for implementation of
good practice standards suitable to each form of drug dealing under the
provisions of Articles 21, 22, 23, 24, 25 and 26 of Decree No. 79/2006/ND-CP.
c/ The rights and
obligations, the scopes of operation of drug-dealing establishments are defined
in Articles 15, 16, 18, 22, 23, 26, 27, 28, 30, 32, 33 and 34 of the Pharmacy
Law.
2. Conditions on
drug-wholesaling locations of enterprises
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b/ For
drug-wholesaling locations which were opened before June 1, 2003, whose
professional managers are pharmacists of intermediate level, the business
establishments must work out plans on training and arrangement of professional
personnel or reorganize their business system to arrange people who meet the
conditions prescribed at Point a, Clause 3, Article 15 of Decree No.
79/2006/ND-CP as professional managers by December 31, 2010, at the latest.
3. Conditions on
drug-retailing locations of enterprises
The drug-dealing
conditions on drug-retailing locations of enterprises are defined in Article 23
of Decree No. 79/2006/ND-CP.
4. Drug-retailing
establishments as prescribed in Clause 2, Article 24 of the Pharmacy Law
a/ Forms of drug
retail in wholesaling establishments are defined at Items a, b and c, Clause 1,
Article 24 of the Pharmacy Law.
b/ Forms of drug
retail in medical examination and treatment establishments cover drugstores,
drug counters, medicine chests of health stations or traditional medicine or
pharmaceutical drug-selling establishments.
Directors of medical
examination and treatment establishments shall take responsibility for the
entire operations of retailing locations in their medical examination and
treatment establishments.
c/ Drug-retailing
locations in wholesaling establishments or medical examination and treatment
establishments must comply with the drug-dealing conditions prescribed in
Clause 1, Section II of this Circular and make business registration according
to provisions of law.
5. Geographical areas
in which drug-retailing establishments in forms of drug counters, drug sale
agents of enterprises, medicine chests of health stations may be opened
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b/ For urban districts
and wards of cities or towns where drugstores are not enough with one for every
2,000 inhabitants, in 2007, provincial/municipal Health Services shall consider
and open new drug counters, then later send reports to the Health Ministry for
consideration and decision to extend the operation of existing drug counters or
open new ones, depending on the local situation.
c/ Drug-retailing
establishments with professional managers who are pharmacists of intermediate level,
which were set up before June 1, 2003, and are operating in urban districts,
wards of cities or towns and are not yet qualified to turn into drugstores due
to the lack of pharmacists of university degree but meet the conditions on
material foundations and equipment prescribed for drug-retailing
establishments, may have their operations extended to the end of December 31,
2010.
d/ Drug sale agents of
enterprises may be opened in rural districts, communes of suburban districts of
provinces or centrally run cities.
e/ Drug-retailing
establishments of enterprises in the provinces of Dak Nong, Dak Lak, Gia Lai,
Kon Tum, Lam Dong, Bac Kan, Cao Bang, Dien Bien, Ha Giang, Lai Chau, Lao Cai, Son
La and Yen Bai, which had their operations extended to the end of December 31,
2005, under the Health Ministry's Circular No. 09/2004/TT-BYT of April 9, 2004,
guiding amendments and supplements to a number of articles of Circular No.
01/2004/TT-BYT guiding the private medical and pharmaceutical practice and are
not eligible to turn into drugstores or drug counters due to the lack of
pharmacists of university degree but satisfy the conditions on material
foundations and equipment prescribed for drug retailing, may have their
operations extended to the end of December 31, 2010.
f/ Medicine chests of
health stations may be organized in communes or suburban districts of provinces
or centrally run cities.
6. Provisions on
diplomas for galenic physicians, herbalists, certificates of traditional
medicine prescriptions, and traditional medicine and pharmacy qualifications
a/ Diplomas of
traditional medicine and pharmacy
- University or
intermediate vocational school diploma in traditional medicine;
- Certificate of
galenic physician or herbalist granted by an establishment designated by the
Health Ministry;
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- Certificate of
galenic physician or herbalist, issued by the Health Ministry or a
provincial/municipal Health Service before the effective date of the Health
Ministry's Circular No. 01/2004/TT-BYT of January 6, 2004, guiding the private
medical and pharmaceutical practice.
- Certificate of
traditional medicine or pharmacy qualifications, issued by the Health Ministry
or a provincial/municipal Health Service.
b/ Provisions on
diplomas for professional pharmaceutical managers at establishments producing,
wholesaling or retailing traditional medicines or drugs from pharmaceuticals:
- Professional
pharmaceutical managers of establishments producing traditional medicines or
drugs from pharmaceuticals, which are registered to operate in the form of
cooperatives or individual households, must possess one of the diplomas
specified at Points a, b, f, Clause 1, Article 15 of Decree No. 79/2006/ND-CP and
Items 1, 2, 3, 4 and 5, Point a of this Clause.
- Professional
managers of establishments wholesaling pharmaceuticals, traditional medicines
or drugs from pharmaceuticals must possess one of the diplomas specified at
Points a, b, f Clause 1, Article 15 of Decree No. 79/2006/ND-CP and Items 1, 2,
3, 4 and 5, Point a of this Clause.
- Professional
managers of establishments retailing finished traditional medicines or finished
drugs from pharmaceuticals must possess one of the diplomas specified at Point
a, b, f, Clause 1, Article 15 of Decree No. 79/2006/ND-CP and Items 1, 2, 4 and
5, Point a of this Clause.
7. Provisions on
signboards of drug-dealing establishments
A signboard of a
drug-dealing establishment must fully contain the following basic information:
a/ The name of the
drug-dealing establishment (the full name written in the business registration
certificate), including the business locations of the enterprise.
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c/ The full name and
professional qualifications of the owner of the drug-retailing establishment or
the professional pharmaceutical manager of the drug-dealing establishment.
d/ The business scope,
as indicated in the certificate of full satisfaction of drug-dealing
conditions.
e/ The serial number
of the certificate of full satisfaction of drug-dealing conditions, operation
duration, telephone number, and fax number (if any).
8. Replacement or
authorization of professionals at drug-dealing establishments
a/ When the retailing
establishment owner or professional manager is absent or unable to directly run
the drug-dealing establishment, the establishment must temporarily stop
operations or comply with the following regulations:
- If the absence lasts
for less than 3 days, the professional manager shall authorize in writing a
person with equivalent professional qualifications to take his/her place.
- If the absence lasts
between over 3 days and under 30 days, the professional manager shall authorize
in writing a person with equivalent professional qualifications to take his/her
place and send a written report thereon to the provincial/municipal Health
Service of the locality where the establishment is operating, even when the
establishment's certificate of full satisfaction of drug-dealing conditions is
granted by the Health Ministry.
- If the absence lasts
between 30 and 180 days, the professional managers shall authorize in writing a
person with equivalent professional qualifications to take his/her place,
report in writing thereon to the agency that has granted the certificate of
full satisfaction of drug-dealing conditions and get the latter's written
approval.
- If the absence lasts
over 180 days, the drug-dealing establishment shall carry out the procedures to
request the grant of a pharmaceutical practice certificate to another
professional manager and request the grant of a new certificate of full
satisfaction of drug-dealing conditions to the drug-retailing establishment or
renew the certificate of full satisfaction of drug-dealing conditions for
business organizations of other types.
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c/ When the person in
charge of a professional section such as production section, testing section,
quality control section, pharmaceutical section,... is replaced, the
drug-dealing establishment shall notify it to the agency which has issued the
certificate of full satisfaction of drug-dealing conditions within 25 days
after the replacement.
9. Dossiers for grant,
renewal, extension or re-grant of pharmaceutical practice certificates
Dossiers for grant,
renewal, extension or re-grant of pharmaceutical practice certificates are
defined in Article 16 of Decree No. 79/2006/ND-CP.
10. Dossiers for
grant, supplementation, extension, re-grant, renewal of certificates of full
satisfaction of drug-dealing conditions
Dossiers for grant,
supplementation, extension, re-grant, renewal of certificates of drug business
certificates are defined in Article 28 of Decree No. 79/2006/ND-CP.
11. Procedures and
competence for grant, renewal, extension, re-grant of pharmaceutical practice
certificates
a/ The procedures for
grant, renewal, extension, re-grant of pharmaceutical practice certificates are
specified in Clause 1, Article 18 of Decree No. 79/2006/ND-CP.
b/ The Health Ministry
shall set up advisory councils to consider and propose the Health Minister to
grant, renew, extend or re-grant pharmaceutical practice certificates to
individuals with professional diplomas issued by foreign training
establishments, who register for medical or pharmaceutical practice with
foreign investment capital.
c/ For individuals who
possess professional diplomas granted by Vietnamese training establishments,
the Health Ministry shall authorize provincial/municipal Health Services to
grant, renew, extend or re-grant pharmaceutical practice certificates to
individuals who register for pharmaceutical practice with regard to
foreign-invested drug-wholesaling or -retailing establishments.
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e/ A pharmaceutical
practice certificate is issued in two copies: One is kept at the issuing agency
and one is handed to the individual applying for the grant, renewal, extension
or re-grant thereof.
12. Procedures and
competence for grant, supplementation, extension, re-grant or renewal of
certificates of full satisfaction of drug-dealing conditions
a/ The procedures for
grant, supplementation, extension, re-grant or renewal of certificates of full
satisfaction of drug-dealing conditions are specified in Clause 1, Article 30
of Decree No. 79/2006/ND-CP.
b/ The Health Ministry
shall grant, supplement, extend, re-grant or renew certificates of full
satisfaction of drug-dealing conditions to establishments producing drugs or
providing drug preservation or testing services.
c/ For establishments
that produce traditional medicines or drugs from pharmaceuticals and have
registered to do business in the form of individual business households,
establishments that produce drugs on List I of the Drug Registration Regulation
promulgated together with Decision No. 3121/2001/QD-BYT of August 17, 2001, of
the Health Minister, and establishments that produce liquid medicines from
pharmaceuticals for external use, the Health Ministry shall authorize
provincial/municipal Health Services to grant, supplement, extend, re-grant,
renew certificates of full satisfaction of drug-dealing conditions.
d/
Provincial/municipal Health Services shall grant or supplement, extend,
re-grant or renew certificates of full satisfaction of drug-dealing conditions
under the provisions of Point b, Clause 3, Article 11 of the Pharmacy Law and
the provisions of Point c of this Clause.
e/ The Health Ministry
and provincial/municipal Health Services shall set up teams to check dossiers
and examine drug-dealing establishments. The examination results shall be
submitted to the leadership of the Health Ministry or provincial/municipal
Health Services for consideration of the grant or non-grant of certificates of
full satisfaction of drug-dealing conditions without having to set up advisory
councils.
If drug-dealing
establishments have met the GMP, GSP, GLP, GDP, GPP standards and their
professional managers possess the pharmaceutical practice certificates, the
list of their staff members and the list of their professional equipment, and
material and technical foundations in the dossier requesting the grant,
supplementation, extension, re-grant or renewal of certificates of full
satisfaction of drug-dealing conditions need not be re-submitted. The Health
Ministry or provincial/municipal Health Services shall grant, supplement,
extend, re-grant or renew certificates of full satisfaction of drug-dealing
conditions without having to organize re-examination.
III.
IMPLEMENTATION PROVISIONS
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2. To annul the
provisions on private practice of pharmacy, vaccines, medical bio-products and
traditional pharmacy of the Health Ministry's Circular No. 01/2004/TT-BYT of
January 6, 2004, guiding the private medical and pharmaceutical practice and
Circular No. 09/2004/TT-BYT of April 9, 2004, guiding amendments and
supplements to a number of articles of Circular No. 01/2004/TT-BYT, guiding the
private medical and pharmaceutical practice; Circular No. 10/2002/TT-BYT of
July 4, 2002, guiding the pharmaceutical practice conditions, and the Health
Minister's Decision No. 3016/1999/QD-BYT of October 6, 1999, promulgating the
Regulation on organization and operation of hospital drugstores.
3. Individuals and
organizations that have been granted certificates of full satisfaction of
private pharmaceutical practice conditions wishing to build, renovate or invest
in their establishments shall comply with the principles and roadmap for
implementation of regulations on good practice.
Private pharmaceutical
practice certificates and certificates of full satisfaction of private
pharmaceutical practice conditions which have been issued under the Ordinance
on Private Medical and Pharmaceutical Practice continue to be valid until their
expiry. At least three months before the expiry, individuals or organizations
that wish to continue their professional practice shall carry out the
procedures for grant of pharmaceutical practice certificates or certificates of
full satisfaction of drug-dealing conditions as provided for by the Pharmacy
Law, Decree No. 79/2006/ND-CP and this Circular.
4.
Annually, provincial/municipal Health Services and drug-dealing establishments
shall make reports on their activities according to a set form and send them to
the Health Ministry.
THE
MINISTER
Tran Thi Trung Chien