Results for a series of imported medical equipment classifications have been changed

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Notifications change results. Photo: T.A.

Lesson 1: "First Classìication" (!?)

One of the companies that has changed many results in Vietnam is ADJ Vietnam (P401 4th Floor, 121 Tran Dang Ninh Street, Cau Giay District, Hanoi), hereinafter referred to as ADJ Vietnam), and the theme that this company uses is, "First Classification".

Change after ... 1 year

It is not difficult to find out about ADJ Vietnam. After searching the internet, we immediately have full information. On the website’s introduction of the company (http://phanloaithietbiyte.com): ADJ Vietnam was established in 2014, is a provider of technology solutions in the fields of agriculture, health for domestic and foreign customers, including services "implementation of classifying medical equipment".

With the introduction of the function of the company, and with so many units importing medical equipment they ordered for classification, especially when Decree 36/2016/ND-CP on medical equipment management implements the classification of medical equipment being a mandatory requirement based on the level of potential risks. In fact, many companies have made orders for classification with ADJ Vietnam.

Through investigation, during the past ADJ Vietnam has continuously had inaccurate results for classification of medical equipment, so they have had to revise and re-issue a new classification.

On 26/4/2017, ADJ Vietnam granted to Tan Mai Thanh Medical Equipment Co, Ltd., the classification number, 42/ADJVINA/170000008/PCBCL-BYT, with medical equipment as "safety cannula”, classified as class C. Suddenly, one year later, (April 13, 2018), the company announced the recall and reissue of classification results.

The reason given is simply that, "the first classification in Vietnam had inevitable errors". Therefore, ADJ Vietnam has reviewed and re-evaluated the results and found that the classification rules for products of Tan Mai Thanh Medical Equipment Co., are incorrect according to Circular 39/2016/TT-BYT, and re-issued a new classification with the amendment content for the classification result of medical equipment as class B.

On 13/6/2017, ADJ Vietnam provided Vietnam Medical Equipment and Technology Company Limited three classifications with numbers: 224/ADJVINA/ 170000008/PCBCL-BYT, for equipment "automatic immuno-assay analyzer", classified as C; 226/ADJVINA/170000008/PCBCL-BYT with medical equipment "Urine analyzer", classified as A; 227 / ADJVINA / 170000008 / PCBCL-BYT with the equipment "Urine quick test" classified Class A.

But about one year later, on April 12, 2018, ADJ Vietnam Company rescinded the above classification and reissued 3 new classifications with the result: Item in document 224 was adjusted from "equipment of type C" to, “equipment of type A"; The items in Document 226 are from “Type A” to “Type B” and Text 227 from “Type A” to “Type C”.

The reason that ADJ Vietnam quoted was that this time is also "the first classification in Vietnam, so the errors can’t be avoided".

On the other hand, on 30/3/2017, ADJ Vietnam granted to DuyAnh Medical Technology Co., Ltd., Classification 08.01/ADJVINA/170000008/PCBCL-BYT, with equipment "chemicals for blood tests", but one year later the classification results were revoked and the new classification was reissued and the excuse was still, "the first classification in Vietnam, so the errors can’t be avoided".

Once, twice ... even up to dozens of times the classification of medical equipment have been changed for the simple reason of "first classification" by ADJ Vietnam, but how does this impact on importers?

The bad implications for importers

Finding the answer, the correspondent of Customs has worked with a representative of Vietnam Medical Equipment and Technology Company - one of the companies having had many classification results for medical equipment changed by Vietnam ADJ company.

Representatives of Vietnam Medical Equipment and Technology limited liability Company - a richly experienced unit in the field of importing medical equipment, said that from January 1, 2017, according to the provisions of Decree 36/2016/ND-CP on equipment management, importers must classify imported products in qualified organizations.

"When Decree 36 was implemented, the requirements for classification of medical equipment are mandatory. Through the website introduction we decided to choose ADJ Vietnam, partly because of the good price compared with other companies. However, as soon as the ADJ Company changed the classification results, for example from Class A to Class B or C, and in the reverse direction, we have ceased cooperation with ADJ Vietnam and transferred to another partner,"- said the representative of Vietnam Medical Equipment and Technology limited liability Company.

When he was asked about the risk of classification changes, representatives of Vietnam Medical Equipment and Technology limited liability company said that enterprises have been passive and embarrassed when they were faced with it. In fact, when ADJ Company received equipment classification results, they completed the document for clearance and sold to partners. In the case of reclassifying results, if from A to B, C or D, enterprises must apply for additional import permits from the Ministry of Health. On the contrary, if the goods are classified as B, C or D, but are actually group A, this means that enterprises must apply for an import license from the Ministry of Health, instead of needing a standard Public Receipt issued by the Department of Health.

Why is Vietnam Medical Equipment and Technology Ltd., so perplexed when there is no specific guidance on the issues related to correcting classification results? The representative of Vietnam Medical Equipment and Technology limited liability Company acknowledged that the application for licenses are made after the goods have been cleared, and now the application for a permit for the purpose of compliance with the provisions of the Decree 36 is not added to the customs dossier.

According to the documents provided by Vietnam Medical Equipment and Technology limited liability company, they had 23 items of medical equipment at classified by ADJ Vietnam last time. Up to 5 items had the results changed.

The changes of classification results for medical equipment such as in Vietnam by ADJ and many other businesses operating in this area cause difficulties for management. So, what is the role of the health sector? ... According to a person working in the field of health, it is not only ADJ Vietnam but tens of enterprises operating in this field making errors in classifying medical equipment.

Cut down many conditions of operating business on medical equipment

For objective and multi-dimensional information, the correspondent of Customs has contacted Vietnam ADJ company and representatives of the authorities. Customs Newspaper will continue to inform readers.