THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
79/2006/ND-CP
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Hanoi,
August 09, 2006
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DECREE
DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE
PHARMACY LAW
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to the June 14, 2005 Pharmacy Law;
At the proposal of the Health Minister,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of
regulation and subjects of application
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a/ State policies on pharmacy;
b/ State management of drug prices;
c/ Conditions for trade in drugs;
d/ Management of drugs on the lists of those
subject to special control;
e/ Drug quality standards, state-run
drug-testing establishments and settlement of complaints about conclusions on
drug quality;
f/ Competence and responsibility for state
management of pharmacy.
2. This Decree shall apply to domestic and foreign
agencies, organizations and individuals operating in the field of pharmacy in
Vietnam.
Article 2.- Interpretation
of terms
In this Decree, the terms below shall be
construed as follows:
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a/ Drug dealing establishments;
b/ Pharmaceutical sections of medical
examination and treatment establishments;
c/ Pharmaceutical workers' schools;
d/ Pharmaceutical research institutes,
drug-testing institutes or centers;
e/ Pharmacy state management agencies;
f/ Representative offices of foreign traders
operating in the field of pharmacy in Vietnam;
g/ Other pharmaceutical establishments defined
by law.
2. Posting of drug prices means the
publicization of drug sale prices by way of printing, sticking, showing sale
prices on drug packages or outer drug packages or displaying them on boards,
papers or other means placed, hung or stuck at places where drugs are sold or
supplied as provided for in Article 11 of this Decree.
Article 3.- Types of
drug-dealing organizations
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a/ Drug-producing enterprises;
b/ Cooperatives, individual households producing
materia medica, eastern medicines and/or drugs from materia medica.
2. Drug-wholesaling establishments shall cover
the following types of business organizations:
a/ Drug-wholesaling enterprises;
b/ Cooperatives, individual households
wholesaling materia medica, eastern medicines and/or drugs from materia medica;
c/ Vaccine and biologicals-wholesaling agents.
3. Drug-retailing establishments shall cover the
business organization types specified in Clause 1, Article 24 of the Pharmacy
Law.
4. Drug-exporting, -importing enterprises.
5. Enterprises providing drug preservation
services.
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Chapter II
STATE POLICIES ON
PHARMACY
Article 4.-
Pharmaceutical projects entitled to investment preferences
Pharmaceutical projects shall enjoy investment
preferences in capital, land, tax and other preferences under the provisions of
law, including:
1. Projects aiming to develop the pharmaceutical
industry into a spearhead econo-technical branch:
a/ Projects specified in Clause 1, Article 3 of
the Pharmacy Law;
b/ Investment projects on construction of
establishments for bio-equivalence experiment, drug utility assessment;
pharmaceutical establishments satisfying good practice standards on production,
preservation, test, distribution of drugs, clinical test of drug, cultivation,
gathering and processing of materia medica.
2. Projects aiming to develop sources of materia
medica and production of drugs therefrom:
a/ Projects on cultivation of materia medica,
exploitation of meteria medica from nature, conservation and development of
pharmaceutical gens sources;
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Article 5.- Forms of
support in drugs
1. Policy beneficiaries, ethnic minority areas,
regions meeting with exceptional socio-economic difficulties, regions meeting
with socio-economic difficulties shall enjoy drug prices not higher than the
prices of drugs sold in mountainous communes, enjoy drug money exemption,
reduction or supports as well as other regimes and policies on drug supports
under the provisions of law.
2. The Health Ministry shall assume the prime
responsibility for, and coordinate with the Ministry of Labor, War Invalids and
Social Affairs, the Nationality Committee and the Finance Ministry, based on
the requirements and policies on drug supports in each period, in studying the
amendment and supplementation of drug support forms, regimes and policies provided
for in Clause 1 of this Article, and submitting them to the Prime Minister for
decision.
Article 6.- Planning on
drug circulation, distribution and supply networks
Based on the tasks of socio-economic development
of the country in each period, the Health Ministry shall formulate plannings
and plans on development of drug circulation, distribution and supply
nationwide, attaching special importance to deep-lying and remote regions, in
order to ensure adequate drugs of good quality at reasonable prices, meeting
people's drug demands and submit them to the Prime Minister for decision;
organize the implementation of such plannings and plans after they are approved
by the Prime Minister.
Article 7.- Safe,
rational and efficient use of drugs, prevention and control of side effects of
drugs
1. The Health Ministry shall have to stipulate
the prescription, guide the safe, rational and efficient use of drugs; apply
measures to prevent and control harmful effects of drugs.
2. The Health Ministry shall coordinate with the
Ministry of Culture and Information in providing information on, propagating
and guiding the safe, rational and efficient use of drugs within the community.
3. People's Committees at all levels shall have
to direct, organize and monitor the implementation of provisions on drug
information and advertisement; intensify the supply of information on,
propagate and guide the safe, rational and efficient use of drugs; inspect and
control drug trading in their respective geographical areas.
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STATE MANAGEMENT OF DRUG
PRICES
Article 8.- Principles
on the state management of drug prices
1. The State shall manage drug prices on the
principles that drug-producing, -exporting, -importing or -dealing
establishments themselves shall set prices, compete on prices and submit to the
inspection and control by state bodies competent to manage drug prices under
the provisions of law on pharmacy and other relevant legal documents; apply
measures to stabilize drug prices on the market in order to meet the requirements
of servicing the people's healthcare work.
2. Drugs subject to price management under the
provisions of this Decree are drugs being finished products permitted by the
Health Ministry for circulation and use in Vietnam.
3. Drug-dealing establishments shall fully
comply with the provisions on declaration and posting of drug prices and take
responsibility before law for the declared and posted drug sale prices as
provided for by the Pharmacy Law, this Decree and other relevant legal
documents.
Article 9.- Types of
drug prices which must be declared and posted
1. Types of drug prices include:
a/ Import prices, which are the prices inclusive
of drug value calculated at prices set by exporting countries, insurance cost,
freight from exporting countries to Vietnamese ports (called CIF prices for
short) and exclusive of import tax (if any);
b/ Wholesale prices, which are drug sale prices
among drug dealing establishments; or between drug-dealing establishments and
medical examination and treatment establishments;
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d/ Projected retail prices, which are the prices
of drugs projected to be sold directly to users by drug-producing or -importing
establishments.
2. Drug prices shall be declared or posted up in
Vietnamese currency and calculated for the smallest packing unit.
Article 10.- Drug price
declaration
1. When submitting drug registration dossiers,
depending on the business form of wholesale or retail applicable to each goods
item, drug-producing establishments shall declare the projected wholesale and
retail prices in Vietnam, and the import prices (in case of imported drugs).
Where drug-producing establishments do not have their names for drug registration,
the drug-registering establishments shall declare the drug prices strictly
according to regulations.
2. When submitting drug import dossiers which
have not been given registration numbers, depending on the business form of
wholesale or retail applicable to each goods item, drug-importing
establishments shall declare the drug import prices, the projected wholesale
and retail prices in Vietnam.
3. In the course of trading in drugs,
drug-producing establishments and drug-importing establishments must not sell
drugs at prices higher than the declared prices. In case of selling their drugs
at prices higher than the declared prices, they must make re-declaration and
explain the reasons therefor to drug price state management bodies before
applying the new prices. In cases of selling their drugs at prices lower than
the declared prices, they must observe the legal provisions against dumping.
4. The drug prices at the time of declaration
and re-declaration must not be higher than the corresponding prices of drugs of
the same types in regional countries with medical and commercial conditions
similar to those in Vietnam at the same time. The regional countries having
medical and commercial conditions similar to those in Vietnam are countries
which have the following statistical indices similar to those of Vietnam:
a/ Per-capita average national income/year;
b/ Per-capita average purchasing power/year;
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The Health Ministry shall assume the prime
responsibility for, and coordinate with the Trade Ministry and relevant
ministries and branches in, specifically announcing the list of regional
countries having medical and commercial conditions similar to those in Vietnam.
5. The drug price state management body shall
have to update and publicly announce the drug prices declared by drug-dealing
establishments on their websites, specialized magazines and other mass media
for use as bases for patients and medical examination and treatment
establishment to refer to when buying drugs; competent state agencies shall
organize inspection and examination of the observance of provisions on drug
price declaration by drug-producing, - registering or ' importing
establishments under the provisions of this Article.
Article 11.- Posting of
drug prices
1. Drug-producing, -importing, -wholesaling
establishments shall post the wholesale prices of drug of every kind by way of
displaying them on boards, papers or other objects placed, hung or stuck at
drug sale places convenient for easily noticeable by customers and competent
state bodies and shall not sell them at prices higher than the posted prices.
2. Drug-retailing establishments shall post the
retail prices of drug of every kind by way of printing, writing or sticking
them on drug packages or outer packages and shall not sell drugs at prices
higher than the posted prices.
3. Medical examination and treatment
establishments which supply assorted drugs on the lists of those largely used
by medical examination and treatment establishments in service of emergency,
medical examination and treatment demands of patients at the establishments
where these kinds of drugs are purchased not under the provisions of Clause 2,
Article 12 of this Decree, shall post the supply prices of drugs of every kind.
Drug supply prices at medical examination and treatment establishments shall
not be higher than the common retail prices of the same kinds of drugs in the
same geographical areas and at the same time.
Article 12.- Management
of drug prices paid by state budget and health insurance
1. The drug price state management body shall
have to announce the maximum prices of drugs paid by state budget and health
insurance once every 6 months or in case of price fluctuation.
The Health Ministry shall base on the
socio-economic development situation in each period to ensure adequate quality
drugs at reasonable prices, meeting the people's demands, and coordinate with
the Finance Ministry, the Trade Ministry and other relevant agencies in guiding
in detail the determination and announcement of maximum prices of drugs
provided for in this Clause.
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a/ Prioritizing the purchase of home-made drugs
of the same types, equivalent quality and with prices not higher than import
drug prices at the time of bidding;
b/ The bid-wining prices must not be higher than
the current maximum prices announced at the latest time provided for in Clause
1 of this Article.
3. The Health Minister shall assume the prime
responsibility for, and coordinate with the Minister of Planning and Investment
and the Finance Minister in, guiding in detail the bidding for drugs as
provided for in Clause 2 of this Article.
Article 13.- Drug price
state management body
Vietnam Pharmacy Management Department of the
Health Ministry shall act as the body assisting the Health Minister in
performing the function of state management of drug prices.
The Heath Minister shall define the drug
price-managing functions and tasks of the Vietnam Pharmacy Management
Department.
Chapter IV
DRUG DEALING CONDITIONS
Section 1. CONDITIONS AND
PROCEDURES FOR GRANT OF PHARMACEUTICAL PRACTICE CERTIFICATES
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1. Pharmaceutical practice certificates shall be
granted to pharmaceutically professional managers of drug-dealing
establishments, suitable to each type of business organization. Pharmaceutical
practice certificate grantees must satisfy the conditions specified in Clause
1, Article 13 of the Pharmacy Law and the provisions of this Decree.
2 Each individual shall be granted only one
pharmaceutical practice certificate and perform the professional management of
only one type of drug-dealing organization.
3. The competence to grant pharmaceutical
practice certificates shall comply with the provisions of Clause 3, Article 13
of the Pharmacy Law.
Article 15.-
Professional diplomas, certificates, practicing duration for being granted
pharmaceutical practice certificates
1. Pharmaceutical practice certificate grantees
must each possess one of the following diplomas, depending on the requirements
on each type of drug-dealing organization:
a/ The pharmaceutical university diploma;
b/ The intermediate pharmaceutical school
diploma;
c/ The druggist diploma;
d/ The intermediate medical school diploma;
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f/ The traditional medicine university or
intermediate school diploma;
g/ The galelic physician or herbalist diploma,
the certificate of traditional prescriptions and traditional medicine or
pharmacy qualification.
The diplomas and certificates specified at Point
g, Clause 1 of this Article shall be stipulated by the Health Minister in
accordance with the socio-economic conditions and medical examination and
treatment demands of people in each locality in each period.
2. Conditions on diplomas and practicing
duration for pharmaceutically professional managers of drug-producing
establishments:
a/ Pharmaceutically professional managers of
drug-producing establishments must each possess the diploma defined at Point a,
Clause 1 of this Article and have a practicing duration of at least 5 years at
a lawful pharmaceutical establishment;
b/ Pharmaceutically professional managers of
vaccine and biologicals-producing establishments must each possess one of the
diplomas defined at Points a, e of Clause 1 of this Article and have a
practicing duration of at least 5 years at a lawful pharmaceutical
establishment.
c/ Pharmaceutically professional managers of
cooperatives or individual business households producing materia medica,
eastern medicines, drugs from materia medica must each possess one of the
diplomas defined at Points a, b, f and g, Clause 1 of this Article and a
practicing duration of at least 2 years at a lawful pharmaceutical
establishment.
3. Conditions on diploma and practicing duration
for pharmaceutically professional managers of drug-wholesaling establishments:
a/ Pharmaceutically professional managers of
drug- wholesaling enterprises must each possess the diploma defined at Point a,
Clause 1 of this Article and have a practicing duration of at least 5 years at
a lawful pharmaceutical establishment;
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c/ Pharmaceutically professional managers of
cooperatives, individual business households producing materia medica, eastern
medicines, drugs from materia medica must each possess one of the diplomas
defined at Points a, b, f and g, Clause 1 of this Article and a practicing
duration of at least 2 years at a lawful pharmaceutical establishment;
d/ Pharmaceutically professional managers of
vaccine, biologicals sale agents must each possess one of the diplomas specified
at Points a, b, d and e, Clause 1 of this Article and have a practicing
duration of at least 2 years at a lawful pharmaceutical establishment.
4. Conditions on diploma and practicing duration
for drug- retailing establishment owners:
a/ Owners of drugstores in centrally-run cities,
provincial cities or towns must possess the diploma defined at Point a, Clause
1 of this Article and have a practicing duration of at least 5 years at a
lawful pharmaceutical establishment; for other geographical areas, they must
possess the diploma defined at Point a, Clause 1 of this Article and have a
practicing duration of at least 2 years at a lawful pharmaceutical
establishment. University pharmacists shall be proposed for the grant of
practicing certificates immediately after their graduation;
b/ Owners of drug counters must possess the
diploma of intermediate vocational school or higher and have a practicing
duration of at least 2 years at a lawful pharmaceutical establishment;
c/ Owners of drug sale agents of enterprises
must possess the druggist diploma or higher and have a practicing duration of
at least 2 years at a lawful pharmaceutical establishment;
d/ Managers of drug chests of health stations
must possess the professional qualification of druggist or higher and have a
practicing duration of at least 2 years at a lawful pharmaceutical
establishment; in cases where such persons are not available, they must be
managed by persons possessing the professional qualifications of assistant
doctor or higher.
5. Conditions on diploma and practicing duration
for pharmaceutically professional managers of drug-exporting and/or -importing
enterprises:
a/ The enterprises' pharmaceutical practice
certificate grantees meeting the conditions prescribed in Clause 1, Article 24
of this Decree shall be regarded as professionally pharmaceutical managers of
drug-importing enterprises;
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6. Conditions on diploma and practicing duration
for pharmaceutically professional managers of drug preservation
service-providing enterprises:
a/ Pharmaceutically professional managers of
drug preservation service-providing enterprises must possess the diploma
defined at Point a, Clause 1 of this Article and have a practicing duration of
at least 3 years at a lawful pharmaceutical establishment;
b/ Pharmaceutically professional managers of
vaccine and/or biologicals preservation service- providing enterprises must
possess one of the diplomas defined at Points a and e, Clause 1 of this Article
and have a practicing duration of at least 3 years at a lawful pharmaceutical
establishment.
7. Conditions on diploma and practicing duration
for pharmaceutically professional managers of drug testing service-providing
enterprises:
a/ Pharmaceutically professional managers of
drug testing service-providing enterprises must possess the diploma defined at
Point a, Clause 1 of this Article and a practicing duration of at least 5 years
at a lawful pharmaceutical establishment;
b/ Pharmaceutically professional managers of
vaccine and/or biological testing service-providing enterprises must possess
one of the diplomas prescribed at Points a and e, Clause 1 of this Article and
have a practicing duration of at least 5 years at a lawful pharmaceutical
establishment.
Article 16.- Dossiers
of application for grant, renewal, extension, re-grant of pharmaceutical
practice certificates
1. Dossiers of application for pharmaceutical
practice certificates of Vietnamese citizens shall each comprise:
a/ An application for pharmaceutical practice
certificate;
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c/ The curriculum vitae certified by the
president of the commune/ward/township People's Committee of the locality where
the applicant resides or by the head of the agency where such person is
working, if he/she is an official or public servant;
d/ A certificate of good health for professional
practice, issued by a medical examination and treatment establishment
prescribed by the Health Ministry, which is still valid within the 6 month-
time limit as from the date of issuance;
e/ A written certification of the practicing
duration at a lawful pharmaceutical establishment by the head of such
establishment;
f/ Written commitment to observe the provisions
of relevant legal documents on pharmacy;
g/ A notarized or authenticated copy of the
applicant's identity card;
h/ Two portrait photos of 4 cm x 6 cm size.
2. Dossiers of application for pharmaceutical
practice certificates for foreigners on overseas Vietnamese shall each
comprise:
a/ Papers prescribed at Points a, b, d, e, f and
h, Clause 1 of this Article;
b/ The judicial record certified by a competent
agency of the concerned foreign country;
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d/ The passport copy notarized or certified by a
diplomatic mission of the country of which he/she is a citizen.
Pharmaceutical diplomas and other papers defined
at Points b and e, Clause 1 and Point b of Clause 2 of this Article, which are
issued by foreign agencies or organizations or notarized, certified, must be
consularly legalized and translated into Vietnamese; the translation must be
notarized according to the provisions of Vietnamese law.
3. Dossiers of application for renewal of
pharmaceutical practice certificates due to damage, tear and wear, change of
residence of individual registrant for pharmaceutical practice shall each
comprise:
a/ An application for renewal of the
pharmaceutical practice certificate;
b/ A valid copy of the approval of residence
change by a competent body, for case of change of residence of the individual
having registered for pharmaceutical practice;
c/ The original pharmaceutical practice
certificate;
d/ Two portrait photos of 4 cm x 6 cm size.
4. Dossiers of application for extension of
pharmaceutical practice certificates:
a/ An application for extension of the
pharmaceutical practice certificate;
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c/ A copy of the issued pharmaceutical practice
certificate;
d/ Two portrait photos of 4 cm x 6 cm size.
5. Dossiers of application for re-grant of
pharmaceutical practice certificates which are lost shall each comprise:
a/ An application for regrant of pharmaceutical
practice certificate;
b/ The declaration on the loss of pharmaceutical
practice certificate, with certification of the ward/commune police office of
the locality where the applicant lost his/her pharmaceutical practice
certificate;
c/ Two portrait photos of 4 cm x 6 cm size.
Article 17.- Validity
and term of pharmaceutical practice certificates
1. A pharmaceutical practice certificate shall
has a term of 5 years as from the date of issuance. Three months before its
expiry, if wishing to continue his/her professional practice, the concerned
individual must compile a dossier of application for extension according to the
provisions of Clause 4, Article 16 of this Decree. The maximum extension
duration shall be 5 years and the number of extensions shall not be limited.
2. Validity of pharmaceutical practice
certificates:
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b/ Pharmaceutical practice certificates issued
or extended by directors of provincial/municipal Health Services shall be valid
within the provinces or centrally-run cities where they are issued.
In case of relocation of professional practice
offices to other provinces or cities, pharmaceutical practice registrants must
compile their application for a new pharmaceutical practice certificate. The
dossiers of application for pharmaceutical practice certificates at new
locations shall comply with the provisions of Clause 1, Article 16 of this
Decree, enclosed with the original certification of termination of professional
practice in the capacity as pharmaceutically professional managers of
drug-dealing establishments or owners of drug-retailing establishments and the
pharmaceutical practice certificates must be returned to the
provincial/municipal Health Services which have issued or extended such
certificates. Within 5 days after receipt of an application for certification
of termination of professional practice for carrying out procedures for
relocation of professional practice office, the local Health Services which
have issued the pharmaceutical practice certificates must reply in writing.
3. The term of validity of a regranted or
renewed certificate shall correspond to the remaining duration of the lost
pharmaceutical practice certificate.
Article 18.- Order and
competence for grant, re-grant, renewal, extension of pharmaceutical practice
certificates
1. Within 30 days after receipt of a valid
dossier of application for grant, regrant, renewal or extension of a
pharmaceutical practice certificate, the dossier-receiving agency shall have to
organize appraisal for grant, regrant, renewal or extension of pharmaceutical
practice certificate; if refusing to grant, re-grant, renew or extend, the
dossier-receiving agency shall have to reply in writing and clearly state the
reasons therefor.
2. The competence for grant, re-grant, renewal
or extension of pharmaceutical practice certificates shall comply with the
provisions of Clause 3, Article 13 of the Pharmacy Law. A pharmaceutical
practice certificate shall be made in two copies: one copy shall be kept at the
issuing agency and one shall be handed to the applicant.
3. The Health Ministry shall set the form of
pharmaceutical practice certificate.
Article 19.- Withdraw
of pharmaceutical practice certificates
1. Pharmaceutical practice certificates shall be
withdrawn in the following cases:
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b/ The pharmaceutical practice certificate
grantees later fall into one of the cases provided for in Clause 2, Article 13
of the Pharmacy Law;
c/ The pharmaceutical practice certificate
grantees die or are declared dead by the court.
2. Upon detecting cases of violation which are
subject to withdrawal of pharmaceutical practice certificates under the
provisions of Clause 1 of this Article, the pharmaceutical practice
certificate-granting agencies shall decide on the withdrawal thereof.
3. For pharmaceutical practice certificates
previously issued by the Health Ministry, which, under the provisions of this
Decree, fall under the granting competence of provincial/municipal Health
Services, when being withdrawn under the provisions of Clause 1 of this Article,
the provincial/municipal Health Services shall have to withdraw and keep them
and report thereon to the Health Ministry.
Section 2. CONDITIONS AND
PROCEDURES FOR GRANT OF CERTIFICATES OF FULL SATISFACTION OF DRUG BUSINESS
CONDITIONS
Article 20.- Grantees
of certificates of full satisfaction of drug business conditions
1. Certificates of full satisfaction of drug
business conditions shall be granted to drug-dealing establishments which
satisfy the conditions prescribed for each type of drug dealing under the
provisions of this Chapter.
2. Drug-dealing establishments can only operate
at the business locations and within the business scope stated in the
certificates of full satisfaction of drug business conditions.
Article 21.- Conditions
for grant of certificates of full satisfaction of drug business conditions
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2. Material and technical foundations as well as
personnel of drug-producing establishments must satisfy good practice standards
on drug production according to the schedule on application of good practice
standards mentioned in Article 27 of this Decree.
Article 22.- Conditions
for grant of certificates of full satisfaction of drug business conditions for
drug-wholesaling establishments
1. Pharmaceutically professional managers must
possess pharmaceutical practice certificates suitable to each form of
organization of business of wholesale establishments.
2. Material and technical foundations and
personnel of drug-wholesaling establishments must satisfy good practice
standards on drug distribution according to the schedule on application of good
practice standards mentioned in Article 27 of this Decree.
Article 23.- Conditions
for grant of certificates of full satisfaction of drug business conditions, for
drug retailing establishments
1. Drug-retailing establishment owners must
possess pharmaceutical practice certificates suitable to each form of
organization of business of retail establishments.
2. Material and technical foundations and
personnel must satisfy good practice standards on drugstores according to the
schedule on application of good practice standards mentioned in Article 27 of
this Decree.
Article 24.- Conditions
for grant of certificates of full satisfaction of drug business conditions, for
drug-exporting or -importing enterprises
1. Drug-producing or -wholesaling enterprises
which have certificates of full satisfaction of drug business conditions and
have drug warehouses up to good practice standards on drug preservation shall
be permitted to import drugs according to the provisions of law on pharmacy,
regulations of the Health Ministry, and relevant legal provisions.
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Article 25.- Conditions
for grant of certificates of full satisfaction of drug business conditions, for
drug preservation service-providing enterprises
1. Pharmaceutically professional managers must
possess pharmaceutical practice certificates suitable to types of drug
preservation service-providing enterprises.
2. Material and technical foundations and
personnel of drug preservation service-providing enterprises must satisfy good
practice standards on drug preservation according to the schedule on
application of good practice standards mentioned in Article 27 of this Decree.
Article 26.- Conditions
for grant of certificates of full satisfaction of drug business conditions, for
drug testing service-providing enterprises
1. Pharmaceutically professional managers must
possess pharmaceutical practice certificates suitable to types of drug testing
service-providing enterprises.
2. The material and technical foundations and
personnel of drug testing service-providing enterprises must satisfy good
practice standards on drug testing according to the schedule on application of
good practice standards mentioned in Article 27 of this Decree.
Article 27.- Schedule
on application of good practice standards
The Health Minister shall prescribe the schedule
on application of good practice standards on drug production, distribution,
preservation and test, drugstores and on material medica culture, gathering and
processing.
Article 28.- Dossiers
of application for grant, supplementation, extension, re-grant, renewal of
certificates of full satisfaction of drug business conditions
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a/ An application for a certificate of full
satisfaction of drug business conditions;
b/ A valid copy of the pharmaceutical practice
certificate of the pharmaceutically professional manager suitable to the form
of business organization; a valid copy of the business registration
certificate;
c/ The lists of staff members, professional
equipment, material and technical foundations;
d/ For drug sale agents of drug-dealing
enterprises, vaccine and/or biologicals wholesale agents of vaccine and/or
biologicals-producing enterprises, in addition to the papers defined at Points
a, b and c, they must also produce the valid copies of agency contracts between
the principals and the agent heads.
2. Dossiers of application for supplementation
of the business scope in the certificate of full satisfaction of drug business
conditions shall each comprise:
a/ An application for supplementation of the
drug business scope;
b/ A valid copy of the issued certificate of
full satisfaction of drug business conditions;
c/ The lists of staff members, professional
equipment, material and technical foundations for the business scope proposed
to be supplemented.
3. Dossiers of application for extension of the
certificate of full satisfaction of drug business conditions shall each
comprise:
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b/ A valid copy of the pharmaceutical practice
certificate of the pharmaceutically professional manager, suitable to the form
of business organization; a valid copy of the business registration
certificate; a copy of the issued certificate of full satisfaction of drug
business conditions;
c/ The lists of staff members, professional
equipment, material and technical foundations;
d/ A report on business results in the last 5
years according to the regulations of the Health Ministry.
4. Dossiers of application for re-grant of lost
certificate of full satisfaction of drug business conditions shall each comprise:
a/ An application for regrant of the certificate
of full satisfaction of drug business conditions;
b/ The declaration on the loss of the
certificate of full satisfaction of drug business conditions, certified by the
commune/ward-level police office of the locality where the certificate of full
satisfaction of drug business conditions was lost.
5. Dossiers of application for renewal of the
certificate of full satisfaction of drug business conditions due to damage,
wear and tear, change of the pharmaceutically professional manager; change of
the name of the drug-dealing establishment but without change of the business
location; change of the business registration office in cases where the
business registration office is other than the business operation location,
which were granted the certificate of full satisfaction of drug business
conditions shall each comprise:
a/ An application for renewal of the certificate
of full satisfaction of drug business conditions;
b/ A valid copy of the pharmaceutical practice
certificate of the pharmaceutically professional manager, in case of change of
pharmaceutically professional manager;
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d/ A valid copy of the written approval of the
relocation of the drug business registration office by the business registrar,
in case of relocation of drug business registration office;
e/ The original certificate of full satisfaction
of drug business conditions.
Article 29.- Validity
and term of certificates of full satisfaction of drug business conditions
1. A certificate of full satisfaction of drug
business conditions shall have a term of 5 years after it is issued. Three
months before its expiry, if wishing to continue with their business,
individuals and organizations shall compile a dossier of application for
extension of the certificate of full satisfaction of drug business conditions
as provided for at Clause 3, Article 28 of this Decree. The extension duration
shall be 5 years.
2. The use duration of regranted certificates of
full satisfaction of drug business conditions shall be equivalent to the
remaining duration of the lost certificates.
Article 30.- Order and
competence for grant, re-grant, supplementation, renewal, extension of
certificates of full satisfaction of drug business conditions
1. The order for grant, regrant,
supplementation, renewal, extension of certificates of full satisfaction of
drug business conditions is provided for as follows:
a/ Within 30 days after receiving a valid
dossier of application for grant, regrant, supplementation, renewal or
extension of a certificate of full satisfaction of drug business conditions,
the dossier-receiving agency must organize appraisal for grant, regrant,
supplementation, renewal or extension of the certificate of full satisfaction
of drug business conditions; if refusing to grant, regrant, supplement, renew
or extend the certificate, it shall reply in writing and clearly state the
reasons therefor;
b/ Where a dossier of application for grant,
regrant, supplementation, renewal or extension of the certificate of full
satisfaction of drug business conditions is invalid, within 10 working days
after the receipt thereof, the dossier-receiving agency shall notify such in
writing to the applicant for supplementation and finalization of the dossier.
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3. The Health Ministry shall prescribe the form
of certificates of full satisfaction of drug business conditions.
Article 31.- Withdrawal
of certificates of full satisfaction of drug business conditions
1. Certificates of full satisfaction of drug
business conditions shall be withdrawn in the following cases:
a/ They are issued ultra vires;
b/ The pharmaceutically professional managers of
drug-dealing establishments do not possess pharmaceutical practice
certificates;
c/ The drug-dealing establishments fail to
satisfy the business conditions for each type of business organization defined
in Articles 21, 22, 23, 24, 25 and 26 of this Decree;
d/ Twelve months after being granted the
certificates of full satisfaction of drug business conditions, the drug-dealing
establishments do not operate;
e/ The drug-dealing establishments terminate
their operation.
2. Upon detection of violation cases subject to
withdraw of certificates of full satisfaction of drug business conditions under
the provisions of Clause 1 of this Article, the agencies competent to issue
certificates of full satisfaction of drug business conditions, defined in
Clause 3, Article 11 of the Pharmacy Law, shall decide to withdraw such
certificates.
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Chapter V
MANAGEMENT OF DRUGS ON
THE LIST OF THOSE SUBJECT TO SPECIAL CONTROL
Section 1. MANAGEMENT OF
ADDICTIVES, PSYCHOTROPICS, PRE-SUBSTANCES USED AS DRUGS
Article 32.- Business
conditions
Establishments dealing in addictives,
psychotropics and pre-substances used as drugs must satisfy the following
conditions:
a/ The drug business conditions defined in
Chapter II of the Pharmacy Law and Chapter IV of this Decree;
b/ The conditions defined in the Government's
Decree No. 80/2001/ND-CP of November 5, 2001, guiding the control of lawful
activities related to narcotics in the country and Decree No. 58/2003/ND-CP of
May 29, 2003, defining the control of import, export and transit through
Vietnamese territory of narcotics, pre-substances, addictives and
psychotropics, and other relevant provisions of law.
Section 2. MANAGEMENT OF
RADIOACTIVE DRUGS
Article 33.- Business
conditions
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1. Having a permit for radiation safety, issued
by the Ministry of Science and Technology.
2. Radiation safety officials must be trained in
radiation safety under programs prescribed jointly by the Ministry of Science
and Technology and the Health Ministry and must possess certificates of
training in radiation safety, issued by training establishments permitted by
the Ministry of Science and Technology.
Article 34.-
Preparation and use of radioactive drugs
1. The preparation and use of radioactive drugs
shall be permitted to be carried out in nuclear medical establishments which
are granted radiation safety permits by the Ministry of Science and Technology.
2. The licensed nuclear medical establishments
which wish to use radioactive drugs must make the estimates according to a form
set by the Health Ministry for consideration and concurrently report thereon to
the Ministry of Science and Technology (The Nuclear Radiation Safety Control
Department) for monitoring.
Chapter VI
DRUG QUALITY STANDARDS,
STATE-RUN DRUG TESTING ESTABLISHMENTS AND SETTLEMENT OF COMPLAINTS ABOUT
CONCLUSIONS ON DRUG QUALITY
Article 35.-
Promulgation of Vietnam Pharmacopoeia
1. Vietnam Pharmacopoeia is a book of national
standards on medicines, which is compiled by Vietnam Pharmacopoedia Council and
submitted to the Health Minister for promulgation. The Vietnam Pharmacopoedia
Council shall be set up by the Health Minister.
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Article 36.-
Application of foreign pharmacopoeia and international pharmacopoeia
Drug-dealing establishments in Vietnam may apply
standards inscribed in foreign pharmacopoeia or international pharmacopoeia
already registered by the establishments and approved by the Health Ministry.
Article 37.-
Organizational system of state-run drug- testing establishments
1. Central state-run drug-testing establishments
include the Central Drug Testing Institute, Ho Chi Minh City Drug Testing
Institute, the regional drug-testing centers, the National Institute for
Vaccines and Biologicals Testing.
2. Local state-run drug-testing establishments
include provincial/municipal drug-testing centers.
3. The organization and operation of state-run
drug-testing establishments shall comply with current provisions of law.
Article 38.- Operation
of state-run drug-testing establishments
1. Central state-run drug-testing establishments
shall:
a/ Check and assess the quality, appraise the
quality standards of drugs and other products at the Health Ministry's
requests;
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c/ Conduct training and re-training of testers
in professional testing techniques;
d/ Provide testing services;
e/ Propose to the Health Minister technical
measures to control drug quality suitable to the socio-economic development
conditions of the country;
f/ Conduct other activities under the provisions
of relevant law.
3. Local state-run drug-testing establishments
shall examine the quality of drugs circulated in their respective provinces or
centrally- run cities and conduct other activities under provisions of relevant
law.
3. The Health Minister shall specify the
functions and tasks of state-run drug-testing establishments after reaching
agreement with the Ministry of Home Affairs.
Article 39.- Competence
to determine drug quality-testing results
1. Central state-run drug-testing establishments
are competent to determine drug quality-testing results strictly according to
the registered quality standards of drug-producing or -importing establishments
which have asked permission for the circulation thereof, and assist the Health
Minister in determining drug quality nationwide under the assignment by the
Health Minister, comply with the provisions of this Decree and other relevant
provisions of law.
The Vietnam Pharmacy Management Department shall
assist the Health Minister in making conclusions on drug quality nationwide,
based on the drug quality-testing results of central state-run drug-testing
establishments.
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Provincial/municipal Health Services shall
assist the presidents of provincial/municipal People's Committees in making
conclusions on drug quality within the areas of their respective management,
based on drug quality-testing results of local state-run drug-testing
organizations.
3. In case of complaints about conclusions on
drug quality, the Health Ministry shall designate drug-testing establishments
to determine the drug quality-testing results on the principle that such
testing establishments shall not be the disputing parties and have facilities
up to the minimum standards equivalent to those of the testing establishments
with testing results in dispute.
4. The order, procedures and competence for
settlement of complaints about drug quality conclusions shall comply with the
provisions of the law on complaints and denunciations.
Chapter VII
DIVISION OF
RESPONSIBILITIES FOR STATE MANAGEMENT OF PHARMACY
Article 40.-
Responsibilities of the Health Ministry
The Health Ministry shall be answerable to the
Government for performing the tasks of state management of pharmacy throughout
the country, including:
1. To assume the prime responsibility for
elaborating and submitting to competent authorities for promulgation or
promulgate according to its competence normative documents on pharmacy;
policies, strategies, planning and plans on pharmaceutical development and
implementation guidance after they are promulgated;
2. To formulate and submit to the Government,
the Prime Minister specific projects on pharmaceutical development for annual
consideration of investment priority and preferences; to direct the execution
of projects after they are approved;
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4. To assume the prime responsibility for, and
coordinate with the Ministry of Planning and Investment and the Finance
Ministry in, guiding in detail the bidding for different kinds of drugs
provided for in Article 49 of the Pharmacy Law;
5. To assume the prime responsibility for, and
coordinate with relevant ministries and branches in, performing the state
management of drug prices;
6. To assume the prime responsibility for, and
coordinate with the Ministry of Education and Training in, formulating plans on
training and re-training of pharmaceutical human resources and submit them to
the Prime Minister for decision.
7. To assume the prime responsibility for, and
coordinate with the Ministry of Home Affairs, the Ministry of Labor, War
Invalids and Social Affairs in, guiding the implementation of regimes and
policies on pharmaceutical human resources at grassroots medical
establishments, with priority given to regions meeting with exceptional
socio-economic difficulties and areas hit by socio-economic difficulties;
8. To conduct activities of international
cooperation and integration on pharmacy according to provisions of law;
9. To inspect and examine the observance of law
on pharmacy; to settle pharmacy-related complaints and denunciations and handle
violations of law on pharmacy according to provisions of law.
Article 41.- Responsibilities
of other ministries
1. The Finance Ministry, the Trade Ministry and
the Industry Ministry shall coordinate with the Health Ministry in formulating
and announcing maximum prices of drugs of various kinds, specified in Article
49 of the Pharmacy Law.
2. The Finance Ministry shall coordinate with
the Health Ministry in formulating and submitting to competent bodies for
promulgation or promulgating according to its competence the policies, measures
and normative documents guiding the management of drug prices, drug tax rates,
statistics on drugs actually exported or imported via border- gates and
solutions to drug price stabilization, drug reserves for circulation according
to provisions of law.
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a/ To coordinate with the Health Ministry in
formulating and submitting to the Prime Minister for promulgation the planning
on development of pharmaceutical industry; distribute investment projects for
the pharmaceutical sector, approve plans on national drug reserve fund;
b/ To coordinate with the Finance Ministry and
the Health Ministry in formulating and submitting to competent authorities for
promulgation or promulgate according to its competence the policies, measures
and normative documents guiding the management of drug prices, solutions to
drug price stabilization, drug reserve for circulation according to provisions
of law.
4. The Trade Ministry:
a/ To assume the prime responsibility for, and
coordinate with the Health Ministry in, monitoring the development of domestic
and world pharmaceutical markets in service of the formulation and proposition
of policies on drug price management for submission to competent bodies for
promulgation or promulgate according to its competence.
b/ To coordinate with the Health Ministry in
formulating and submitting to competent bodies for promulgation or promulgate
according to its competence the planning on drug distribution and circulation
networks throughout the country; to promote drug export and import; to prevent
and combat counterfeit drugs, smuggled drugs, drugs of unidentified origin from
their circulation on market;
c/ To coordinate with the Health Ministry in
formulating and submitting to competent bodies for promulgation or promulgate
according to its competence and organize the implementation of legal provisions
on ecommerce in drug business according to provisions of law.
5. The Industry Ministry shall coordinate with the
Health Ministry in formulating and submitting to competent bodies for
promulgation or promulgate according to its competence, and organize the
implementation of, the planning on development of Vietnam's pharmaceutical
industry, and production of pharmaco-chemical raw materials.
6. The Ministry of Science and Technology shall
coordinate with the Health Ministry in formulating and promulgating the lists
of radioactive medicines and guiding in detail the business conditions and use
thereof.
7. The Ministry of Home Affairs shall coordinate
with the Health Ministry in defining the specific functions, tasks and
operations of state-run drug-testing establishments.
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9. The Ministry of Agriculture and Rural
Development shall coordinate with the Health Ministry in formulating and
organizing the implementation of plans on culture and development of materia
medica sources.
10. The Ministry of Public Security shall
coordinate with the Health Ministry in preventing and fighting crimes in the
production and circulation of counterfeit drugs, low-quality drugs, smuggled
drugs, drugs of unidentified origin on the market.
Article 42.- Responsibilities
of provincial/municipal People's Committees
1. To promulgate according to their competence
guiding documents on pharmacy in their respective geographical areas.
2. To direct the implementation of policies and
measures on drug price management in their respective geographical areas
according to provisions of law.
3. To examine and inspect the observance of
legal provisions on pharmacy by organizations and individuals operating in
their respective localities; to handle violations of law on pharmacy according
to competence.
4. To direct local professional agencies to
coordinate with provincial/municipal Health Services in implementing national
policies on drug prices and supporting local pharmaceutical enterprises in
developing the production of drugs.
Chapter VIII
IMPLEMENTATION
PROVISIONS
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1. This Decree shall take effect 15 days after
its publication in "CONG BAO" and replace the Regulation on Preventive
and Curative Medicines, promulgated together with Decree No. 23-HDBT of January
24, 1991, of the Council of Ministers. The provisions on private practice of
traditional pharmacy, private practice of pharmacy, private practice of
vaccines, biologicals in the Government's Decree No. 103/2003/ND-CP of
September 12, 2003, detailing the implementation of a number of articles of the
Ordinance on Private Medical and Pharmaceutical Practice; the provisions of the
Government's Decree No. 120/2004/ND-CP of May 12, 2004, on management of prices
of preventive and curative medicines for human use and the previous regulations
contrary to this Decree shall all be annulled.
2. Organizations and individuals that are
granted pharmaceutical practice certificates or certificates of full
satisfaction of conditions for pharmaceutical practice prior to October 1,
2005, shall be entitled to continue their professional practice until the end
of the term defined in their pharmaceutical practice certificates or
certificates of full satisfaction of conditions for pharmaceutical practice.
Three months before the expiry thereof, if wishing to continue with their
professional practice, such organizations and individuals shall have to carry
out procedures for grant of pharmaceutical practice certificates or
certificates of full satisfaction of drug business conditions according to the
provisions of the Pharmacy Law and this Decree.
3. For state-run pharmaceutical enterprises,
including equitized ones, where their pharmaceutically professional managers
have not yet been granted a pharmaceutical practice certificate, or for
enterprises which have not been granted a certificate of full satisfaction of
drug business conditions, the professional managers of the enterprises shall
compile dossiers of application for grant of a pharmaceutical practice
certificate suitable to their type of business organization; enterprises shall
have to compile dossiers of application for a certificate of full satisfaction
of drug business conditions immediately after meeting the requirements on
material and technical foundations and personnel conditions according to the
schedule on application of good practice standards mentioned at Article 27 of
this Decree.
Article 44.-
Implementation responsibility
1. The Health Minister shall have the
responsibility to guide and organize the implementation of this Decree.
2. Other ministers, heads of ministerial-level
agencies, heads of government-attached agencies, and presidents of
provincial/municipal People's Committees shall have to implement this Decree.