Can I borrow other's pharmacy practice certificate in Vietnam?

1. Can I borrow other's pharmacy practice certificate in Vietnam?

In Article 6 of the Law on Pharmacy 2016 stipulates that prohibited acts are as follows:

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6. Forging, falsifying documents or certificates of competent authorities and other entities in pharmacy activities.

7. Changing, falsifying shelf life of drugs except for those specified in Clause 3 Article 61 of this Law.

8. Holding the positions specified in Article 11 of this Law without a pharmacy practice certificate or while the pharmacy practice certificate is suspended.

9. Renting, borrowing, leasing out, lending the pharmacy practice certificate or Certificate of eligibility for pharmacy business, or allowing another person to use it to practice pharmacy or do pharmacy business.

10. Advertising in the following cases:

a) Advertising drugs before a competent authority certify the advertising content or against the contents certified by the competent authority;

b) Using a certificate not recognized by the Ministry of Health; using material benefits, reputation of an organization or individual, symbols, images, positions, mails, letters of thanks to advertise drugs;

c) Using results of clinical trial or pre-clinical trial, testing results, results of bioequivalence study that are not recognized by the Ministry of Health to advertise drugs.

11. Running sale promotion of drugs against the law.

12. Profiteering by prescribing drugs.

13. Manufacturing, concocting, selling traditional medicines combines with active ingredients without permission by a competent authority.

14. Dispensing, selling expired drugs or drugs that are not stored in accordance with instructions on the labels, drugs that have to be recalled as requested by a competent authority, drugs of unknown origins.

15. Providing information, advertising, marketing, prescribing, counseling, labeling, giving instructions that non-medicinal products can be used for prevention, treatment, diagnosis, alleviation of diseases or regulating human physiological functions, except for medical equipment.

16. Exporting herbal ingredients on the List of controlled rare and special herbs before being licensed by a competent authority.

Thus, according to the above provisions, the act of borrowing the pharmacy practice certificate is against the law in Vietnam. You cannot borrow your sister's pharmacy practicing certificate, if you still borrow it and are found out, you will be administratively sanctioned.

2. How much is fine for borrowing pharmacy practicing certificate in Vietnam?

According to Article 52 of Decree 117/2020/ND-CP, violations against regulations on pharmacy practicing are as follows:

1. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for commission of one of the following violations:

a) The chief pharmacist of a drug retailer is absent throughout its operation, except for authorization cases prescribed by law;

b) Failing to comply with decisions issued by competent authorities in case of disasters or dangerous epidemics;

c) Failing to complete the training program and refresher program in pharmacy within 03 years from the issuance date of the pharmacy practicing certificate or the issuance date of the latest certificate of completion of training program and refresher program in pharmacy;

d) Replacing drugs in a prescription with other drugs that have the same active ingredients, usage, and dose without the buyer’s consent.

2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for commission of one of the following violations:

a) Forging one of required documents in the application for the pharmacy practicing certificate;

b) Practicing pharmacy without obtaining the pharmacy practicing certificate or while the pharmacy practicing certificate at the job position requiring the pharmacy practicing certificate has been suspended;

c) Acting as the chief pharmacist of two or more pharmacy business establishments or at two or more pharmacy business locations;

d) Practicing pharmacy beyond the scope written on the pharmacy practicing certificate and technical and professional regulations;

dd) The institution providing training and refresher programs in pharmacy fails to meet eligibility requirements set by law;

e) The organization that administers the examination for the pharmacy practicing certificate fails to meet eligibility requirements set by law;

g) Renting, lending or allowing others to use the pharmacy practicing certificate.

3. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for using a rented or borrowed pharmacy practicing certificate.

4. Additional penalties:

a) The pharmacy practicing certificate shall be suspended for a fixed period of 01 - 03 months in case of commission of the violation in Point c or d Clause 2 of this Article;

b) The pharmacy practicing certificate and certificate of eligibility for pharmacy business shall be suspended for a fixed period of 06 - 09 months in case of commission of the violation in Point b Clause 1 of this Article.

5. Remedial measures:

a) The violating entity is compelled to return any benefits illegally obtained from the commission of the violation in Point g Clause 2, or Clause 3 of this Article;

b) Enforced revocation of pharmacy practicing certificate in case of commission of the violation in Point b or c Clause 1, Point a or g Clause 2, or Clause 3 of this Article.

Therefore, if you borrow your sister's pharmacy practice certificate in Vietnam, you will be fined from VND 10,000,000 to VND 20,000,000. In addition, you must return all illegal profits earned during your practice with your sister's certificate and you are required to return that certificate.

Best Regards!