| THE MINISTRY OF HEALTH | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness |
| No. 39/2013/TT-BYT | Hanoi, November 15, 2013 |
CIRCULAR
Prescribing the management of curative medicines for human use which are imported and exported through the non-commercial channel
Pursuant to June 14, 2005 Pharmacy Law No. 34/2005/QH11;
Pursuant to December 9, 2000 Law No. 23/2000/QH10 on Drug Prevention and Fight;
Pursuant to the Government’s Decree No. 58/2003/ND-CP of May 29, 2003, on controlling the import, export and transit via the Vietnamese territory of narcotics, pre-substances, addictive drugs and psychotropic drugs;
Pursuant to the Government’s Decree No. 63/2012/ND-CP of August 31, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Health;
Pursuant to the Prime Minister’s Decision No. 42/2013/QD-TTg of July 15, 2013, providing the management of drugs for human use which are imported and exported through the non-commercial channel, and amending and supplementing a number of articles of the Regulation on import of drugs without registration numbers in Vietnam, promulgated together with the Prime Minister’s Decision No. 151/2007/QD-TTg of September 12, 2007;
At the request of the director of the Drug Administration;
The Ministry of Health promulgates the Circular prescribing the management of curative medicines for human use which are imported or exported through the non-commercial channel.
Article 1. Scope of regulation
1. This Circular prescribes activities related to the import or export of medicines for human use (below referred to as medicines for short) through the non-commercial channel.
2. Curative medicines for human use which are imported and exported through the non-commercial channel stipulated in this Circular include:
a/ Medicines which are gifts or donation sent by organizations and individuals in Vietnam to overseas organizations and individuals, or vice versa;
b/ Medicines which pertain to goods of diplomatic representations and international organizations in Vietnam or Vietnamese diplomatic representations and organizations abroad and people working in such representations and organizations. Cases where medicines are exempted from customs procedures must comply with treaties to which Vietnam is a contracting party;
c/ Medicines in personal luggages of persons on entry or exist consigned with bills of lading, goods carried along by persons on entry or exist.
3. Medicines imported or exported through other non-commercial channels (medicines imported, exported for use as samples for registration, standard samples and substances for testing and research, or donated as aid or humanitarian aid) are not governed by this Circular.
