Heavy penalties for replacing drugs in a prescription with other drugs without the buyer’s consent in Vietnam

On September 28, 2020, the Government of Vietnam issued Decree 117/2020/ND-CP stipulating penalties for administrative violations in medical sector.

hay thế thuốc trong đơn bằng thuốc khác khi người mua chưa đồng ý, Nghị định 117/2020/NĐ-CP

Heavy penalties for replacing drugs in a prescription with other drugs without the buyer’s consent in Vietnam (Illustration)

According to Article 52 of Decree 117/2020/ND-CP, a fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for commission of one of the following violations in Vietnam:

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

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

- 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;

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

Additionally, the pharmacy practice certificate and the certificate of eligibility for pharmacy business may be revoked for 6 to 9 months for failing to comply with decisions made by competent state authorities in the event of dangerous epidemics, natural disasters, or catastrophes.

Thus, according to the above regulations, any pharmacist who replaces the prescribed medicine with another medicine without the buyer’s consent will be subject to fines ranging from 3,000,000 VND to 5,000,000 VND. Pharmacists should take note of this regulation.

For details on other fines, refer to Decree 117/2020/ND-CP, effective from November 15, 2020.

Ty Na

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