Continuing the 32nd session, on the afternoon of April 16, the National Assembly Standing Committee gave opinions on the Draft Law amending and supplementing a number of articles of the Law on Pharmacy.
Reporting at the meeting, Minister of Health Dao Hong Lan said that compared to the current law, the draft Law amends and supplements 43 articles, including: amending 40 articles, adding 03 articles, abolishing 04 points and 02 clauses.
One of the notable contents in the draft law is to amend and supplement a number of regulations on the organization and rearrangement of the business system, distribution of drugs and pharmaceutical ingredients; and the authority to grant pharmaceutical practice certificates.
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| The National Assembly Standing Committee gives opinions on the Draft Law amending and supplementing a number of articles of the Law on Pharmacy (Photo: QH) |
According to Minister Dao Hong Lan, the draft law supplements a number of provisions related to the drug distribution rights of FIE pharmaceutical businesses, adjusting the drug and pharmaceutical ingredient distribution rights of these businesses to ensure compliance with reality. At the same time, it supplements a number of business types, business conditions for pharmacy chain businesses, drug trading via e-commerce and the rights and responsibilities of the above business establishments; supplements regulations on granting Certificates of eligibility for pharmaceutical business to public service units that collect fees in pharmaceutical activities.
In addition, the draft law amends regulations on business conditions for drugs subject to special control according to the plan approved in Decision No. 1661/QD-TTg.
On the other hand, supplementing the authority of the Ministry of Public Security and the Ministry of National Defense in granting, re-granting, adjusting the content, and revoking the pharmacy practice certificate for the person in charge of clinical pharmacy work at medical examination and treatment facilities under their management authority. Reviewing this content, the Standing Committee of the Social Committee found that this supplement was necessary to meet practical requirements, but proposed to clarify the content of "pharmacy chain business", more specifically the regulations on conditions for establishment, methods of operation, and management mechanisms to have a basis for consideration, ensuring feasibility and consensus. For the trading of drugs and pharmaceutical ingredients by e-commerce, it is necessary to have more specific regulations on the types of drugs that can be traded, the forms of business carried out by e-commerce, and the subjects that can participate in buying and selling to create transparency of regulations and ensure safety for users. If regulations on retailing drugs by e-commerce are stipulated, they should only apply to non-prescription drugs. In addition, it is necessary to review regulations on e-commerce to ensure compliance with the Law on Electronic Transactions. Speaking at the meeting, National Assembly Chairman Vuong Dinh Hue assessed that the preparation and drafting of the Law project has made great progress in thinking about pharmaceutical management; the draft law was carefully and seriously prepared; the scope of amendments is large. At the same time, he said that although it was only a preliminary review, the opinions of the Social Committee were very profound and comprehensive. Regarding the specific issue of the draft law supplementing regulations on new forms and methods of business, the National Assembly Chairman emphasized that drugs are a very special type of goods, so it is necessary to find a balance between facilitating producers and traders and protecting people's health.
“Medicine is a very special commodity, directly affecting people's health, therefore, drug sales in general and drug sales through e-commerce must be strictly controlled, and specific impacts must be assessed” - the National Assembly Chairman emphasized and suggested that the Drafting Committee and the Social Committee coordinate to make more specific and strict regulations on this new business method. Accordingly, it is recommended to carefully consider, based on an assessment of the benefits, risks, and consequences for patients when buying drugs online; assess the level of control of state management agencies; and at the same time study the experience of countries around the world on this issue. Referring to the draft law stipulating that pharmaceutical retail establishments are allowed to sell drugs on the list prescribed by the Ministry of Health and sold through e-commerce in accordance with the scope of business in the certificate of eligibility for business, the National Assembly Chairman raised the question: if a pharmacy is part of a chain of pharmacies sharing a website, how do people determine where to sell? Who sells? In addition, it is necessary to clarify how businesses with drug retail chains for people should be considered and held accountable when specific incidents occur. The National Assembly Chairman also suggested that it is necessary to clarify how freedom and equality in business are between retail establishments and chains. "In reality, in our country today, most of them are retail stores, while there are very few chains. Therefore, it is necessary to assess the impact of policies for drug retail chains on retail establishments more carefully, especially in coordination with VCCI and the Ministry of Planning and Investment to consider the issue of equality and non-discrimination in business" - the National Assembly Chairman emphasized. Noting that the most important issue in chain business is the legal issue, the National Assembly Chairman suggested a closer review of the process, procedures, and legal responsibilities such as: What procedures should be followed when opening another retail establishment in the pharmacy chain? Which establishments are allowed to sell directly to buyers or are all pharmacies in the chain allowed to sell via e-commerce? If only a few establishments are allowed to sell, how will the pharmacy's responsibility for quality and issues arising to customer rights be resolved? At the meeting, members of the National Assembly Standing Committee also discussed the State's policies on pharmaceuticals and industrial development; administrative procedure reform, strengthening decentralization and delegation of authority in pharmaceutical management activities; drug price management.../.
Tu Giang - Communist Party of Vietnam Portal
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