Importing pharmacy activity

14:40 - 13/10/2021

Importing pharmacy activity: Activities of importing, exporting pharmacy of the enterprises which has foreign investment capital.

Hnlaw & Partners has received a question of customer on the implementation of the activities of importing trading pharmacy of an enterprise which has foreign investment capital. Hnlaw & Partners please guide customers as follows:

Importing pharmacy activity

The activity of importing pharmacy

Clause 2 Article 2 Circular 34/2013/TT-BCT publicizing roadmaps for goods trading directly related activities for foreign-invested enterprises in Viet Nam regulates that: ”The foreign invested enterprises in Vietnam are entitled to exercise right to import for goods not in list of goods specified in Annex No. 02 of this Circular.”

Pharmacy is not on the mentioned Annex No.2. Hence, enterprises which has foreign investment capital can implement the activity of importing pharmacy.

The activity of trading pharmacy

+ Clause 3 Article 2 Circular 34/2013/TT-BCT publicizing roadmaps for goods trading directly related activities for foreign-invested enterprises in Viet Nam regulates that “The foreign invested enterprises in Vietnam are entitled to exercise right to distribute for goods not in list of goods specified in Annex No. 03 of this Circular”. Pharmacy is one of the 09 products of the list regulated in the mentioned Annex No.3.

+ Clause 10 Article 91 Decree 54/2017/ND-CP guidelines for implementation of the Law on Pharmacy “The entities that are entitled to import but not entitled to distribute drugs and medicinal ingredients in Vietnam must do activities related to distribution of drugs and medicinal ingredients in Vietnam except for drugs and medicinal ingredients they manufacture in Vietnam, including:

  • Selling drugs and medicinal ingredients, delivery drugs and medicinal ingredients to health facilities, retailers, individuals and organizations other than wholesalers of drugs and medicinal ingredients;
  • Receiving orders or payments for drugs and medicinal ingredients from health facilities, retailers, individuals and organizations other than wholesalers of drugs and medicinal ingredients;
  • Providing drug/medicinal ingredient transport or storage services;
  • Impose prices for drugs or medicinal ingredients distributed by other pharmaceutical-trading establishment;
  • Deciding the strategy or policy on selling drugs/medicinal ingredients distributed by other pharmaceutical-trading establishment;
  • Developing the plan for supply of drugs and medicinal ingredients of health facilities in Vietnam;
  • Provide financial assistance for buyers of drugs/medicinal ingredients to control the distribution of imported drugs and medicinal ingredients;
  • Other activities related to drug distribution defined by law.”

Hence, an enterprise which has foreign investment capital has the right to import pharmacy; to trading pharmacy only in case of trading the medicine products directly produced in Viet Nam.

Above is the consulting on “Activities of importing, trading pharmacy of enterprise having foreign investment capital”. Customers who have any question or demand to use legal service please contact directly the firm 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

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

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