Prohibited acts in pharmaceutical business activities in Vietnam

In addition to stipulating the conditions to be able to conduct pharmaceutical business, the law on pharmacy also stipulates prohibited acts in this field that businesses are not allowed to perform.

According to the Law on Pharmacy 2016 of Vietnam, prohibited acts include:

- 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.

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

- 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.

- Running a pharmacy business that involves:

+ Counterfeit drugs or medicinal ingredients;

+ 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;

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

+ Drugs for clinical trial;

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

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

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

+ Retailing prescription drugs without prescription; retailing vaccines;

+ Selling drugs at higher prices that declared or listed prices.

- Profiteering by prescribing drugs.

- 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.

- …

Violating entities shall be administratively sanctioned according to the Decree No. 176/2013/NĐ-CP of Vietnam’s Government, even being examined for criminal liability under the provisions of the Criminal Code 2015 of Vietnam.

Nguyen Trinh

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