Officially passed the revised Pharmacy Law, 'finalizing' new regulations on online drug sales

On the afternoon of November 21, the National Assembly voted to pass the Law amending and supplementing a number of articles of the Law on Pharmacy, including regulations on pharmaceutical business via e-commerce.

Delegates press the button to pass the law - Photo: GIA HAN

On the afternoon of November 21, with 426/430 delegates present in favor, 2 delegates opposed, 2 delegates abstaining, the National Assembly voted to pass the Law amending and supplementing a number of articles of the Law on Pharmacy. The Law will take effect from July 1, 2025, however, some provisions will take effect from January 1, 2025.

Prescription drugs may only be sold online in cases of medical isolation due to group A infectious diseases.

Notably, the new Law on Pharmacy passed by the National Assembly has provisions on pharmaceutical trading via e-commerce. According to the law, trading in drugs via e-commerce is prohibited for prescription drugs, except in cases of medical isolation when there is an infectious disease in group A; drugs subject to special control and drugs on the list of drugs restricted from retail sale. Establishments trading in drugs and pharmaceutical ingredients via e-commerce must sell on e-commerce trading floors, e-commerce applications, and websites with online ordering functions. Along with that, the units must comply with the law on advertising and protecting consumer rights; and keep buyers' information confidential. The units are also required to post certificates of eligibility for pharmaceutical business, pharmacy practice certificates, and information on approved drugs. In addition, drug retail establishments must provide online advice and instructions on how to use the drugs to buyers and deliver drugs to buyers according to detailed instructions from the Minister of Health. Previously, on behalf of the National Assembly Standing Committee, reporting on the acceptance of explanations, Chairwoman of the Social Committee Nguyen Thuy Anh said that there were opinions proposing specific regulations on the responsibilities of e-commerce trading floors in controlling the quality and origin of drugs sold on the floor. The National Assembly Standing Committee found that the responsibilities of e-commerce trading floors have been stipulated in the law on e-commerce and e-transactions. In addition, this is only a means to conduct transactions, pharmaceutical business activities will still be carried out by pharmaceutical business establishments. Therefore, establishments with drugs sold on the floor must be responsible for the quality of the drugs, similar to the traditional form of buying and selling. The law on e-commerce and e-transactions also stipulates the responsibilities of the parties on the e-commerce trading floor. Regulations such as the draft law are also consistent with the management trend of e-commerce in the pharmaceutical business in a number of countries around the world.

Voting results to pass the law - Photo: GIA HAN

Tighten regulations on drug price management

The recently passed Law on Pharmacy supplements many regulations on drug price management. Accordingly, the Ministry of Health has the right to make recommendations to businesses on drug prices in circulation on the market when they are found to be higher than the highest level of similar types announced, or the selling price in the country of origin. In addition, the difference between the expected wholesale price of drugs and the winning bid price is higher than the maximum difference prescribed by the Government, which is also subject to intervention by the Ministry of Health. According to the Standing Committee of the National Assembly, the control of non-prescription drug prices is carried out by the method of posting prices for all types of drugs; declaring prices, and stabilizing prices for drugs on the List of Essential Drugs. Announcing the expected wholesale price of drugs is a specific measure in drug price management, applied to prescription drugs because this group of drugs accounts for more than 82% of the number of drugs in circulation on the market. These are drugs that account for the majority of use in medical facilities and patients do not buy them on their own but must follow the doctor's prescription. This measure helps limit price increases through each intermediate level and level, and increases prices when they reach consumers.

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Source: https://tuoitre.vn/chinh-thuc-thong-qua-sua-luat-duoc-chot-quy-dinh-moi-ve-ban-thuoc-online-20241121143251986.htm#content-1