| THE MINISTRY OF PUBLIC HEALTH | SOCIALIST REPUBLIC OF VIET NAM |
| No. 06/2006/TT-BYT | Hanoi, May 16, 2006 |
CIRCULAR
GUIDING THE IMPORT AND EXPORT OF DRUGS AND COSMETICS
Pursuant to Pharmacy Law No. 34/2005/QH11 of June 14, 2005;
Pursuant to Narcotics Prevention and Combat Law No. 23/2000/QH10 of December 9, 2000;
Pursuant to the Government's Decree No. 58/2003/ ND-CP of May 29, 2003, providing for the control of import, export and transit through the Vietnamese territory of narcotics, pre-substances, habit-forming drugs and psychotropics;
Pursuant to the Government's Decree No. 12/2006/ ND-CP of January 23, 2006, detailing the implementation of the Commercial Law regarding international goods sale and purchase and goods sale, purchase, processing and transit agency activities with foreign countries;
Pursuant to the Government's Decree No. 49/2003/ ND-CP of May 15, 2003, defining the functions, tasks, powers and organizational structure of the Health Ministry;
The Health Ministry hereby guides the import and export of drugs and cosmetics as follows:
I. GENERAL PROVISIONS
1. Scope of regulation
1.1. This Circular governs activities of importing and exporting preventive and curative drugs for human use (called drugs for short), including finished drugs, raw materials for drug manufacture (pharmaceutical ingredients, materia medica, adjuvant, capsules and packings in direct contact with drugs) and cosmetics directly affecting human health, which are on the lists of those managed by the Health Ministry (called cosmetics for short).
1.2. The import of finished drugs without registration numbers or of raw materials for drug manufacture newly used in Vietnam (except habit-forming drugs, psychotropics and pre-substances used as drugs) shall be subject to separate guidance by the Health Ministry.
1.3. Drugs provided as humanitarian aids; drugs and cosmetics temporarily imported for re-export, temporarily exported for re-import or transferred from border-gate to border-gate; drugs imported or exported non-commercially, and vaccines, shall not be governed by this Circular.
2. Subjects of application
This Circular applies to Vietnamese traders, organizations and individuals involved in the import and export of drugs and cosmetics.
3. Rights to commercial import and export of drugs and cosmetics
3.1. For traders being Vietnamese enterprises which have no foreign direct investment capital:
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