Summary of fines for violations against regulations on pharmacy business establishments and eligibility requirements to run pharmacy business in Vietnam

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

hành vi vi phạm về CS và điều kiện kinh doanh dược, Nghị định 117/2020/NĐ-CP

Summary of fines for violations against regulations on pharmacy business establishments and eligibility requirements to run pharmacy business in Vietnam (Illustrative image)

At Article 53 of Decree 117/2020/ND-CP, regulations on administrative penalties for violations against regulations on pharmacy business establishments and eligibility requirements to run pharmacy business in Vietnam are stipulated as follows:

1. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for commission of one of the following violations:

- A mobile drug retailer fails to meet eligibility requirements set by law;

- A mobile drug retailer fails to send a written notification to the Department of Health of the province where the mobile retailer will operate.

2. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed upon a business establishment that has a drug cabinet for failing to meet one of eligibility requirements set by law;

3. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for forging any of the required documents in the application for listing of business establishment that has a drug cabinet.

4. A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for failing to adopt isolation measures or put the following drugs/pharmaceutical starting materials at quarantine areas, except the case prescribed in Point dd Clause 4 Article 59 hereof:

- Substandard drugs or pharmaceutical starting materials;

- Drugs or pharmaceutical starting materials subject to a recall notification of a competent authority;

- Expired drugs or pharmaceutical starting materials;

- Drugs or pharmaceutical starting materials of unknown origin.

Additionally, the regulations stipulate supplementary penalties and remedial measures for violations regarding pharmaceutical business establishments and their conditions as follows:

Addit penalties:

- Business operations involving the violation in Point a Clause 1 or Clause 2 of this Article shall be suspended for a fixed period of 01 – 03 months;

- Business operations involving the violation in Clause 3 of this Article shall be suspended for a fixed period of 06 – 12 months.

Remedial measures: Mandatory destruction of all medicines and raw materials for making medicines for violations under Item 4, except where the competent state authority permits re-export or remediation as prescribed by law.

More details can be found in Decree 117/2020/ND-CP, which comes into effect in Vietnam from November 15, 2020.

Ty Na

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