Are importing used medical devices required to apply for a license to import medical devices?
Is it necessary to apply for a license to import used medical devices?
Pursuant to Clause 1 Article 48 of Decree 98/2021/ND-CP of Vietnam on an import license is required in the following cases:
- Unregistered medical devices are imported to serve scientific research, testing, inspection, experiment, performance evaluation, or instruction for use or device modification only;
- Unregistered medical devices are imported to serve epidemic prevention and control, or disaster recovery;
- Unregistered medical devices are imported as assistance or humanitarian aid; gifts or presents given to health facilities; or to serve display at trade fair, exhibition or product launch event;
- Unregistered medical devices are imported to serve charitable medical examination and treatment;
- Unregistered medical devices are imported for personal treatment of illness, including personalized medical devices, or to serve a health facility’s special diagnosis demand;
- Used medical devices:
+ are imported to serve research or training (no use on humans and for diagnostic and treatment purposes); or
+ are temporarily imported for re-export to serve display, product launch event, trade fair or exhibition.
Procedures for import, temporary import for re-export of medical devices shall comply with regulations of the law on foreign trade management.
Thus, for the used medical devices mentioned above, they are imported to serve research or training (no use on humans and for diagnostic and treatment purposes), or are temporarily imported for re-export to serve display, product launch event, trade fair or exhibition. Therefore, the procedures for applying for a license to import medical devices must be carried out in accordance with regulations. Application, order and procedures for import, temporary import and re-export of medical devices comply with the law on foreign trade management.
Importing used medical devices
Under which procedures is the license to import medical devices granted?
Application, order and procedures for license to import medical devices are stipulated in Clause 2 and Clause 3 Article 48 of Decree 98/2021/ND-CP of Vietnam:
* An application for the import license consists of:
- The application form for import license;
- A synopsis of the technical description of the medical device in Vietnamese;
- Certificate of conformity with quality control standards of the manufacturer bearing the applicant’s certification;
- If the medical device is imported to serve research: a certified true copy of the decision to approve the research and documents bearing the applicant’s certification proving that the device has been granted marketing authorization by a competent authority;
- If the medical device is imported to serve training purposes: the original copy of the training program and documents bearing the applicant’s certification proving that the device has been granted marketing authorization by a competent authority;
- If the medical device is imported to serve testing, inspection, experiment, or performance evaluation: the certification indicating the quantity of the imported device given by the agency competent to carry out such testing, inspection, experiment, or performance evaluation;
- If the medical device is imported as aid: a copy of the decision to approve the aid and documents bearing the applicant’s certification proving that the device has been granted marketing authorization by a competent authority;
- If the medical device is imported as gift or present given to a health facility: the original copy of the training program and documents bearing the applicant’s certification proving that the device has been granted marketing authorization by a competent authority;
- If the medical device is imported to serve charitable medical examination and treatment: documents bearing the applicant’s certification proving that the device has been granted marketing authorization by a competent authority;
- If the medical device is imported to serve a health facility’s special diagnosis demand: documents bearing the applicant’s certification proving that the device has been granted marketing authorization by a competent authority;
- If the medical device is imported to serve personal treatment of illness, including personalized medical devices: a copy of the physician’s prescription which is consistent with the applicant’s illness;
- If the medical device is imported to serve a trade fair, exhibition, display or product launch event: copies of documents on the program, invitation letter and service contract;
- If the medical device is imported to serve the purposes of epidemic prevention and control or disaster recovery, the following documents are required:
- A competent authority’s approval for import of the medical device to serve epidemic prevention and control or disaster recovery;
- Documents bearing the applicant’s certification proving that the device has been granted marketing authorization or license for emergency use by a competent authority.
* Procedures for processing an application for license to import medical devices:
- If the application is satisfactory, the Ministry of Health shall process it within 15 working days, or 02 working days with respect to an unregistered medical device that is imported to serve epidemic prevention and control or disaster recovery, from the receipt of the adequate and valid application (including the application fee receipt as prescribed by the Ministry of Finance). If an application is refused, a written response indicating reasons for such refusal shall be provided.
The import license shall be sent to the applicant and customs authorities.
- If the application is not satisfactory, the Ministry of Health shall send a request for modification, in which such documents and contents requiring modification must be specified, to the applicant within 10 days, or 02 working days with respect to an unregistered medical device that is imported to serve epidemic prevention and control or disaster recovery, from the receipt of the application.
- The applicant shall comply with the request for modification and send modified documents to the Ministry of Health as requested.
If the modified application is still unsatisfactory, the Ministry of Health shall continue sending another request for modification of the application to the applicant.
- If the applicant fails to provide the modified application within 30 days from the receipt of the Ministry of Health’s request for modification, the application shall be rejected.
- If the modified application is satisfactory, the Ministry of Health shall issue an import license in accordance with Point a of this Clause. The import license shall be sent to the applicant and customs authorities.
What are the rules for management of import of medical devices?
When importing medical devices, organizations and individuals must comply with rules for management stipulated in Article 48 of Decree 98/2021/ND-CP of Vietnam:
“Article 46. Rules for management of import and export of medical devices
1. Importers and exporters of medical devices must satisfy eligibility requirements laid down in the law on import and export and assume responsibility to ensure quality, quantities, categories and intended purposes of their imported/exported medical devices.
2. Medical devices that have been granted registration numbers in Vietnam may be exported and imported without limits on quantities and are exempt from the Ministry of Health’s approval.
3. Issuance of CFS for medical devices shall comply with regulations of the law on foreign trade management.
4. Temporary import for re-export, temporary export for re-import, or transit of medical devices shall comply with regulations of law.
5. Import of used medical devices shall comply with regulations of the law on foreign trade management.”
Thus, an organization or individual importing used medical devices, if it falls into one of the two cases specified at Point e Clause 1 Article 48 of Decree 91/2021/ND-CP of Vietnam, you must carry out procedures for applying for an import license for these medical devices. According to that, organizations and individuals shall complete full dossiers and strictly follow the order and procedures for applying for import licenses as prescribed. At the same time, when importing medical devices, organizations and individuals are responsible for complying with the rules for management for this activity in accordance with law.
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