Pharmacy import activities

Pharmacy import activities Importing and distributing pharmacy products of foreign-invested enterprises

💊Hnlaw & Partners received a question from a customer about the import and distribution of pharmaceutical products by foreign-invested enterprises. HNLaw & Partners would like to guide customers as follows:

1. Pharmacy import activity

According to clause 2 article 2 Circular 34/2013/TT-BCT announcing the schedule for implementation of trading rights and activities directly related to trading rights of foreign-invested enterprises in Vietnam: “Foreign-invested enterprises in Viet Nam are entitled to importing rights of goods which are not listed in Annex 2 of this Circular”.

💊Pharmacy products do not belong to Annex 2 above. Thus, foreign-invested enterprises are allowed to import pharmaceutical products.

2. Pharmacy distribution activity

+ Clause 3 article 2 Circular 34/2013/TT-BCT announcing the schedule for implementation of trading rights and activities directly related to trading rights of foreign-invested enterprises in Vietnam: “Foreign-invested enterprises in Viet Nam are entitled to distribution rights of goods which are not listed in Annex 3 of this Circular.” Pharmaceutical product is one of the 09 items on the list specified in Annex 3 above.

+ Clause 10 Article 19 Decree 54/2017/NĐ-CP, Decree detailing some articles and executing methods of the Pharmacy Law regulate: “Establishments eligible for import but ineligible for distribution of drugs and drug materials in Vietnam may not carry out activities directly relating to the distribution of drugs and drug materials in Vietnam, excluding drugs and drug materials manufactured by themselves in Vietnam, including:

  • Selling or delivering drugs and drug materials to medical examination and treatment establishments, retailers and organizations and individuals other than drug and drug material wholesalers;
  • Taking orders and payments for drugs and drug materials from medical examination and treatment establishments, retailers and organizations and individuals other than drug and drug material wholesalers;
  • Transporting and storing drugs and drug materials;
  • Determining and fixing selling prices of drugs and drug materials distributed by other pharmaceutical traders;
  • Making decisions on distribution strategies and business policies for drugs and drug materials distributed by other pharmaceutical traders;
  • Formulating plans to supply drugs and drug materials for medical examination and treatment establishments in Vietnam;
  • Providing financial support in any forms to direct drug and drug material buyers in order to manipulate the distribution of imported drugs and drugs materials;
  • Taking other acts relating to drug distribution in accordance with law”

💊 As such, foreign-invested enterprises are entitled to import pharmaceutical products, for distribution of pharmaceutical products: to distribute only pharmaceutical products that enterprises directly participate in manufacturing in Vietnam.

💊 Above is the consulting on “Activities of importing and distributing pharmacy products of foreign-invested enterprises”. Customers who have any question or demand to use legal service please contact directly Company for the detailed consulting and best support.

For more details please contact:

HNLAW & PARTNERS LAW FIRM

Address: DBS Building, N028, Lot 31, Commercial Services and Housing Area in Ha Tri, Ha Tri Ward, Ha Dong, Hanoi.

Email: tuvan.hnlaw@gmail.com

Hotline: 0912.918.296

https://en.wikipedia.org/wiki/Investment

http://www.hnlaw.vn/en/investment-consultancy

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