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Ms. Mai Thi Huongs company (Hanoi) does pharmaceutical business, has foreign investment capital (has the scope of pharmaceutical business and is a drug import facility). She asked, can her company directly transport radioactive drugs (with a shelf life of 5 days) from the import port to the place where the drug is used (hospital) according to the provisions of Circular No. 11/2025/TT-BYT? Regarding this issue, the Ministry of Health responded as follows: Rights and responsibilities of foreign-invested pharmaceutical business establishments are prescribed in Article 53A of the Pharmacy Law: Article 53a. Rights and responsibilities of pharmaceutical business establishments with foreign investment 1. Pharmaceutical business establishments specified in Points a, b, e, g and h, Clause 2, Article 32 of this Law with foreign investment capital have the following rights: a) Rights specified in Points b, c and d, Clause 1, Article 42 of this Law; b) Rights corresponding to the type of pharmaceutical business establishments specified in Points b, c, d, dd and g, Clause 1, Article 43, Points b, c and dd, Clause 1 Article 44, Points b, c and d, Clause 1, Article 51, Points b, c and d, Clause 1, Article 52, Points b, c, d and dd, Clause 1, Article 53 of this Law. 2. Establishments producing drugs and medicinal ingredients with foreign investment have the rights specified in Clause 1 of this Article and the following rights: a) Wholesale, delivery and transportation of drugs and medicinal ingredients produced or processed or transferred by the establishment itself. technology transfer in Vietnam to medical examination and treatment facilities, vaccination facilities and other medical facilities; drug and drug raw material testing facilities of the State; scientific and technological organizations, training facilities related to pharmaceuticals; pharmaceutical business establishments specified in Clause 2, Article 32 of this Law; establishments that have been granted a Certificate of drug production investment registration but have not yet been granted a Certificate of business eligibility pharmaceuticals for trial production and evaluation of the drug manufacturing process. In case of selling prescription drugs, drug manufacturing establishments are allowed to sell drugs from the date the Ministry of Health receives the dossier to announce and re-announce the expected drug wholesale price; and the following rights: a) Wholesale of drugs and medicinal ingredients imported by the facility itself to a wholesaler of drugs and medicinal ingredients. In case of selling prescription drugs, the drug importing facility is allowed to sell drugs from the date the Ministry of Health receives the dossier to announce and re-announce the expected wholesale drug price; Wholesaling establishments of drugs and medicinal ingredients; c) Importing medicinal ingredients according to the scope stated above in the Certificate of eligibility for pharmaceutical business to supply to drug manufacturing establishments ordered by the establishment itself to process or transfer technology in Vietnam under a processing contract or technology transfer contract; d) Deliver and transport drugs and medicinal ingredients imported, ordered for processing and transferred by the establishment in Vietnam from the establishments drug and medicinal raw material storage warehouse to the wholesale establishment. drugs, medicinal ingredients; d) Delivering drugs, transporting drugs in sponsorship, aid, humanitarian aid, disease prevention and control programs to medical facilities that receive funding; e) Transporting medicinal materials imported by the facility from the facilitys medicinal raw material storage warehouse to the drug manufacturing facility ordered by the facility to process and transfer technology in Vietnam under a processing contract or technology transfer contract; transporting drugs used in clinical trials funded by the facility itself and import to facilities receiving clinical drug trials. 4. Pharmaceutical business establishments specified in Points a, b, e, g and h, Clause 2, Article 32 with foreign investment have responsibilities corresponding to each type of pharmaceutical business establishment specified in Clause 2, Article 42, Clause 2, Article 43, Clause 2, Article 44, Clause 2, Article 51, Clause 2, Article 52, Clause 2, Article 53 of this Law and are not allowed to comply. Carrying out activities directly related to the distribution of drugs and medicinal ingredients, including: a) Selling, delivering, transporting drugs and medicinal ingredients, except for the cases specified in Clauses 2 and 3 of this Article; b) Receiving and storing drugs and medicinal ingredients that are not imported or produced by the facility itself, ordering processing, or transferring technology in Vietnam; c) Receiving orders and receiving payments for drugs and medicinal ingredients from medical examination and treatment establishments or retail establishments, Individuals and organizations that are not wholesalers of drugs and medicinal ingredients, except for the cases specified in Clause 2 of this Article; d) Determine and impose selling prices of drugs and medicinal ingredients distributed by other pharmaceutical business establishments, except in cases where regulations on drug price management in this Law are implemented; d) Decide on distribution strategies and business policies for drugs and medicinal ingredients distributed by other pharmaceutical business establishments; e) Develop revenue supply planssnails and medicinal ingredients from medical examination and treatment facilities in Vietnam; g) Providing financial support in any form to organizations and individuals directly purchasing drugs and medicinal ingredients from the facility for the purpose of manipulating the distribution of imported drugs and medicinal ingredients.5. Foreign-invested pharmaceutical business establishments are not allowed to carry out drug re
