THE PRIME MINISTER

Decision No. 42/2013/QD-TTg of July 15, 2013, providing the management of drugs for human use which are imported and exported through 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

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 14, 2005 Law on Pharmacy;

Pursuant to the December 9, 2000 Law on Drug Prevention and Control and the June 3, 2008 Law Amending and Supplementing a Number of Articles of the Law on Drug Prevention and Control;

Pursuant to the Government’s Decree No. 58/2003/ND-CP of May 29, 2003, prescribing the control of import, export and transit via Vietnamese territory of narcotic substances, pre-substances, addictive drugs and psychotropic drugs;

At the proposal of the Minister of Health,

The Prime Minister prescribes the management of drugs for human use which are imported and exported through non-commercial channel, and amendments and supplementations to 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.

Article 1. Regulations on management of drugs for human use which are imported and exported through non-commercial channel

1. Drugs imported and exported through non-commercial channel prescribed in this Decision include:

a/ Donations and gifts which are given by overseas organizations and individuals to organizations and individuals in Vietnam, or by organizations and individuals in Vietnam to overseas organizations and individuals;

b/ Goods of diplomatic missions and international organizations in Vietnam and employees of these missions and organizations;

c/ Personal luggage of persons on entry or exit which are consigned with bills of lading and carry-on baggage of persons on entry.

2. Drugs eligible for non-commercial import and export may be imported and exported only for use by persons on entry or exit, their families or employees of organizations importing and exporting drugs through non-commercial channel as specified in Clause 1 of this Article.

3. Quotas of drugs permitted for non-commercial import and export:

a/ The quantities of finished addictive drugs being carry-on baggage of persons on entry or exit must not exceed the quantities written in enclosed doctor prescriptions or the dose indicated for 7 days;

b/ The quantities of finished psychotropic drugs and pre-substances used for drug production which are imported and exported through non-commercial channel must not exceed the quantities written in the enclosed doctor prescriptions or the dose indicated for 10 days;

c/ Other finished drugs are permitted for non-commercial export in unlimited quantities and consignments or carry-on baggage; are permitted for non-commercial import provided that the total import value does not exceed USD 100 (one hundred US dollars) each time and that each individual or organization receives drugs no more than 3 times a year;

d/ Competent state agencies’ import or export licenses are required for non-commercial import or export of drugs with quantities exceeding the limits specified at Points a, b and c of this Clause.

4. The Ministry of Health shall specify dossiers for non-commercial import or export of drugs specified at Points a, b and c, Clause 3 of this Article, and dossiers, order and procedures for grant of licenses for non-commercial import or export of drugs specified at Point d, Clause 3 of this Article.

5. Drugs banned from non-commercial import and export include:

a/ Materials used for drug production;

b/ Finished drugs containing active ingredients which are on the Ministry of Health’s list of active ingredients banned from import and export.