Management of medical products troubling customs
Strengthening anti-smuggling of biological products and materials for Covid-19 pandemic prevention and control | |
Vietnam exports over 453 million medical maks in 2021 | |
Medical mask exports surge |
Illustrative Photo: Internet |
Clause 2, Article 2 of the Law on Pharmacy stipulates: “A drug means a preparation that contains active ingredients or herbal ingredients used for prevention, diagnosis, treatment, alleviation of diseases in humans, regulation of human physiological functions, including modern drugs, herbal drugs, traditional drugs, vaccines, and biological products”.
The General Department of Customs said that during customs procedures, the Customs authorities recorded a number of cases where enterprises imported items declared as medical equipment such as vaginal capsules; tablets to relieve pain, prevent flatulence, abdominal distension and submitted a written classification of medical equipment by the authorities for customs clearance..
However, through checking the description and usage, dosage, ingredients, and mechanism of action, these imported products are classified as drugs. The General Department of Customs said this case may hide a risk of importing drugs but declaring them as medical equipment.
In addition, through monitoring by the Customs authorities in carrying out customs procedures for imported syringes (with needles) and PP plastic infusion bags, some enterprises present a written classification of medical equipment type B, issued by the agency in charge of the classification of medical equipment but others also import these items and present an import license issued by the Drug Administration of Vietnam.
Thus, the same imported product is licensed by two units.
In addition, in the process of carrying out customs procedures for standard substances, the General Department of Customs also encounters problems. Specifically, according to the guidance of the Drug Administration of Vietnam, the licensing for importing standard substances to serve the pharmaceutical industry is applicable to some pharmaceutical providers (as specified in Articles 51,52 and 53 of Law on Pharmacy). The application for import shall comply with the provisions of Article 86 of Decree 54/2017/ND-CP dated May 8, 2017 as amended and supplemented in Decree 155/2018/ND-CP dated November 12, 2018 of the Government.
When carrying out customs clearance procedures, it is necessary to present the documents specified in Article 92 of this Decree.
For those who import standard substances that do not fall into the above cases, they are not described in the Law on Pharmacy and related documents, so there are no requirements for an import license in the pharmaceutical regulations.
According to the General Department of Customs, according to the provisions of Articles 51, 52 and 53 of the Law on Pharmacy, the license to import providers of drug/medicinal ingredient testing services; providers of clinical trial services and providers of bioequivalence study services.
However, in fact, the importers of drugs are commercial enterprises (not business establishments described in Articles 51, 52 and 53 of the Law on Pharmacy) then these importers shall resell drugs to drug testing institutes and laboratories and pharmaceutical providers mentioned in Articles 51, 52, 53 of the Law on Pharmacy. The problem is whether these importers are required for import licenses under the guidance of the Drug Administration of Vietnam.
In addition, in the process of carrying out import procedures for standard substances, a number of standard substances have chemical components on the list of drugs and drug ingredients subject to special control according to Circular 20/2017 dated May 10, 2017, of the Ministry of Health.
Thus, the question is whether the standard substances that have been licensed for import under Article 86 of Decree 54/2017, must be licensed for importing chemicals under special control. Or whether standard substances that do not require an import license under the guidance of the Drug Administration of Vietnam, must be licensed for importing chemicals under special control.
Continue to investigate and handle smuggling of medicines for Covid-19 treatment |
Furthermore, in the process of carrying out customs procedures for goods in the medical field, many problems have emerged such as the import policy of syringes and medical infusion bags; problems with Silnozigyn vaginal tablets and Simicarba tablets; the import of antibacterial gel. The General Department of Customs said that the problems have been sent to the Ministry of Health and the answers from the Health Ministry will be the basis to guide businesses and the customs agency.
Related News
Noi Bai Customs: dealing with to drug crimes using high technology
14:16 | 19/04/2024 Anti-Smuggling
Praising competent authorities for seizure 100 kg of meth in Quang Tri
09:58 | 16/04/2024 Customs
Drugs drifting at sea mainly cocaine
20:08 | 07/04/2024 Anti-Smuggling
Lang Son removes difficulties for auto importers
08:23 | 31/03/2024 Customs
Latest News
Vietnam Customs with outstanding results in ASEAN cooperation
14:16 | 19/04/2024 Customs
Ha Nam Ninh Customs Department holds Customs-Businessdialogues to remove problems for businesses
13:48 | 19/04/2024 Customs
Dong Thap Customs: Proactively guide procedures, reduce customs clearance time for imported and exported goods
10:25 | 18/04/2024 Customs
Piloting the exchange of export declaration with Eurasian Economic Union
10:22 | 18/04/2024 Customs
More News
Ho Chi Minh City Customs: Rapidly handling more than 1,600 billion VND in bad debts
16:24 | 17/04/2024 Customs
Da Nang Customs: Sharing experiences about risk management when making customs settlement report
16:15 | 17/04/2024 Customs
Lang Son Customs supports warehouse operators
09:00 | 17/04/2024 Customs
Heading toward the official implementation of the Voluntary Compliance Program
15:11 | 15/04/2024 Customs
Thanh Hoa Seaport Customs improves efficiency from support enterprises
17:09 | 14/04/2024 Customs
Quang Ninh Customs: Flexible solutions to raise revenue
17:08 | 14/04/2024 Customs
Khanh Hoa Customs announce information of 12 enterprises owing over VND65 billion of tax
10:34 | 13/04/2024 Customs
Administrative violations at Dong Nai Customs decreased in both the number of cases and fines
10:32 | 13/04/2024 Customs
Da Nang Customs: Bring the Customs – Business partnership activities into practice
09:55 | 12/04/2024 Customs
Your care
Noi Bai Customs: dealing with to drug crimes using high technology
14:16 | 19/04/2024 Anti-Smuggling
Vietnam Customs with outstanding results in ASEAN cooperation
14:16 | 19/04/2024 Customs
Ha Nam Ninh Customs Department holds Customs-Businessdialogues to remove problems for businesses
13:48 | 19/04/2024 Customs
Dong Thap Customs: Proactively guide procedures, reduce customs clearance time for imported and exported goods
10:25 | 18/04/2024 Customs
Piloting the exchange of export declaration with Eurasian Economic Union
10:22 | 18/04/2024 Customs