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May 7, 2013

PLC Life Sciences Multi-Jurisdictional Guide 2013 – Vietnam Chapter

Practical Law Company

This Q&A chapter analyzes legal issues pertaining to Vietnam’s regulatory framework in the life sciences industry. Ranging from the quality of national healthcare, manufacturing authorization, marketing, and pricing of medicinal products, to the intellectual property surrounding each product and the scope of product liability law in this industry, this Q&A chapter provides answers to the most important legal questions faced by life sciences companies. This detailed and succinctly written chapter discusses the impact of key legislation and regulatory powers. In particular, the following topics are covered:

  • Pricing and State Funding: Costs of medicinal products and national healthcare
  • Manufacturing: Authorization process, regulator’s powers, conditions, fees, and validity of licenses
  • Clinical Trials: Legislation and regulatory authorities, trial pre-conditions, and procedural requirements
  • Marketing: Authorization, conditions, fees, key stages and timing, packaging requirements, foreign marketing authorizations, post-marketing commitments, pharmacovigilance obligations, penalties, parallel imports, and restrictions such as marketing on the internet
  • Traditional Medicine: Manufacturing and marketing regulations
  • Patent Law: Conditions, patentable products, scope of protection, validity, revocation, infringement, and remedies available
  • Trademark Law: Conditions, registration process and timing, scope of protection, duration of protection, revocation, infringement, remedies available, license agreements, and relevant international conventions
  • Product Liability Law: Key legislation, the substantive test, procedures of bringing a claim, defenses and remedies available, limitation periods, and parties liable under the Consumer Protection Law
  • Proposals for Reform: The Law on Advertisement, and further guidance through implementing circulars

This chapter was published by Practical Law Company, a leading provider of legal guidance, analysis, and market intelligence in up to 30 jurisdictions. To read the full article, please visit the PLC website.

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August 26, 2021
In April 2021, the Vietnamese government made public a draft decree to amend Decree No. 43/2017/ND-CP of the Government dated April 14, 2017, on goods labeling (“Decree 43”), which is the primary legislation in Vietnam on the labeling requirements for domestically circulating goods and imported goods. Some noteworthy differences between the draft and the current Decree 43 include the following: 1. Original labels for imported products For imported goods, the draft adds a requirement on compulsory information for original labels, which is not mentioned in Decree 43. In particular, the original product label for goods being imported to circulate on the Vietnam market must contain the following compulsory information in a foreign language or in Vietnamese before customs clearance: Product name; Name and address of the entities responsible for the products; Product origin or place where the final production stage to complete the product was conducted. (If this information is not presented on the original product label, it must be included in the import documents accompanying the product.) 2. Vietnamese labels for imported products Under the draft, if it is impossible to determine the product origin under rules/guidance on determining product origin in Vietnam, it is acceptable to instead indicate on the product label the place(s) where the final production stage to complete the product was conducted. 3. Nutritional information for food Instead of being optional information as mentioned in Decree 43, “nutritional value” is compulsory information on labels for some food products under the draft. The Ministry of Health will have a roadmap for carrying out nutritional labeling and will provide appropriate guidance to manufacturers and importers, as well as issue regulations on types of food that are partially or entirely exempt from declaration of nutritional value. The draft has not yet been finalized and is subject to