Do pharmacists have permission to rent their pharmacy practice certificate in Vietnam?

Do pharmacists have permission to rent their pharmacy practice certificate in Vietnam?

Pursuant to Article 6 of the Law on Pharmacy in 2016 stipulating prohibited acts as follows:

Prohibited acts

1. Running a pharmacy business without the Certificate of eligibility for pharmacy business or while being suspended or while the Certificate of eligibility for pharmacy business is suspended.

2. Running a pharmacy business at a location other than the registered business location.

3. Dealing in drugs and medicinal ingredients specified in Clause 26 Article 2 hereof, other drugs and medicinal ingredients for improper purposes or providing drugs and medicinal ingredients for entities that are not permitted by competent authorities.

4. Running a pharmacy business beyond the scope written in the Certificate of eligibility for pharmacy business.

5. Running a pharmacy business that involves:

a) Counterfeit drugs or medicinal ingredients;

b) Unqualified drugs or medicinal ingredients; drugs or medicinal ingredients that have to be recalled as requested by a competent authority; drugs or medicinal ingredients of unknown origins; expired drugs or medicinal ingredients;

c) Drugs or medicinal ingredients on the List of drugs and medicinal ingredients banned from import or manufacture;

d) Drugs for clinical trial;

dd) Drugs or medicinal ingredients as samples for registration, testing, scientific research, or display at a fair or exhibition;

e) Drugs or medicinal ingredients that have not been licensed for free sale;

g) Drugs that belong to a National Target Program, drugs as aid and other drugs banned from selling;

h) Retailing prescription drugs without prescription; retailing vaccines;

i) Selling drugs at higher prices that declared or listed prices.

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.

As regulations above, the act of renting 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 is strictly prohibited.

Do pharmacists have permission to rent their pharmacy practice certificate in Vietnam? - Source: Internet

What are the fines for renting pharmacy practice certificate in Vietnam?

Pursuant to Clause 2 Article 52 of the Decree 117/2020/NĐ-CP stipulating violations against regulations on pharmacy practicing as follows:

Violations against regulations on pharmacy practicing

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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.

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Therefore, the act of renting a pharmacy practice certificate will be fined from VND 5,000,000 to VND 10,000,000.

Note: The above fine applies to individuals (according to Article 4, Clause 5 of Decree 117/2020/NĐ-CP)

Shall people who rent their pharmacy practice certificate have their certificate revoked in Vietnam?

Pursuant to Article 28 of the Law on Pharmacy in 2016 stipulating cases in which the pharmacy practice certificate is revoked as follows:

Cases in which the pharmacy practice certificate is revoked

1. The pharmacy practice certificate is issued ultra vires.

2. The holder of the pharmacy practice certificate requests its revocation.

3. The pharmacy practice certificate is incorrect because of the issuing authority.

4. The application for the pharmacy practice certificate contains counterfeit documents.

5. A person has more than one pharmacy practice certificate.

6. The holder of a pharmacy practice certificate rents it, lends it, leases it, borrows it or allows another person to use it.

7. A person issued with the pharmacy practice certificate fails to satisfy any of the conditions for issuance of the pharmacy practice certificate specified in Article 13 or Clause 2 Article 14 hereof.

8. A person issued with the pharmacy practice certificate fails to practice for 12 consecutive months.

9. A pharmacy practitioner does not have the certificate of completion of training program and refresher program in pharmacy within 03 years from the issuance date of the pharmacy practice certificate or the issuance date of the latest certificate of completion of training program and refresher program in pharmacy.

10. The certificate holder violates the code of ethics for pharmacy practitioners and causes harm to other people’s health or life.

11. A person has had his/her pharmacy practice certificate revoked more than once for the same violation.

As regulations above, people who rent their pharmacy practice certificate shall have their certificate revoked in Vietnam.

Best regards!