Strictly manage drug advertising activities

Continuing the program of the legal thematic session, on the morning of August 12, the National Assembly Standing Committee gave opinions on explaining, accepting, and revising the draft Law amending and supplementing a number of articles of the Law on Pharmacy.

Presenting a report on a number of major issues in receiving, explaining and revising the draft law, Chairwoman of the National Assembly's Social Committee Nguyen Thuy Anh said that regarding the trading of drugs and pharmaceutical ingredients through e-commerce, the draft law has been revised in the direction of specifying the types of drugs sold in retail and the types of drugs sold wholesale through e-commerce; regulating the responsibility of protecting the buyer's information and assigning the Minister of Health to regulate the consultation, instructions on drug use and organizing the delivery of drugs to buyers.

Regarding drug price management, the draft law stipulates the announcement of expected wholesale drug prices instead of the procedure for declaring wholesale drug prices, to avoid confusion with the price declaration measure in the Law on Prices.

The Draft Law has added explanations for the terms "expected wholesale price of drugs," "announcement of expected wholesale price of drugs," "re-announcement of expected wholesale price of drugs," "similar drug items," clearly defining the subject performing the procedure, the agency receiving the procedure; and measures when discovering unreasonably high price announcements.

The draft law also provides more specific regulations on price management measures; at the same time, it stipulates the responsibilities of state management agencies and pharmaceutical businesses related to implementing drug price management measures.

Regarding the management of medical oxygen, Ms. Nguyen Thuy Anh stated clearly in the review report presented at the 7th Session of the 15th National Assembly, the Social Committee proposed not to regulate medical oxygen products in the draft law because it is not consistent with the scope of regulation of the Pharmacy Law. Meanwhile, the Ministry of Health still wants to include regulations on medical oxygen in this draft law.

The Standing Committee of the Social Committee found that previously, medical oxygen was regulated in the Decrees on medical equipment management, but Decree No. 98/2021/ND-CP and Decree No. 07/2023/ND-CP amending Decree No. 98/2021/ND-CP did not regulate this product.

Continuing to be consistent with the opinion stated in the review report, the Social Committee recommends that the Government promptly address the legal gap for this product by issuing or submitting for issuance, under its authority, legal documents to manage medical oxygen and other gas products used in medicine.

Through discussion, members of the National Assembly Standing Committee acknowledged that the Social Committee had actively, proactively, urgently and responsibly chaired the review to complete the draft law.

Regarding regulations on medical oxygen, National Assembly Chairman Tran Thanh Man said that this is a special product and should be regulated with principled standards for the benefit of patients.

According to the National Assembly Chairman, if there are legal regulations on medical gases, health insurance will cover the costs for patients when using this type of gas. Therefore, while it has not been adjusted in the law, it is possible to consider including this content in the Resolution of the National Assembly Session or the Resolution of the National Assembly Standing Committee.

However, whether stipulated in a legal document, resolution or decree, it must include all types of gases used in medicine, in medical examination and treatment, and should not only mention medical oxygen. If necessary, two options can be presented at the upcoming Conference of National Assembly Deputies for full-time activities so that National Assembly Deputies can evaluate, discuss and give further opinions.

Regarding the management of drug advertising activities, the National Assembly Chairman noted that there are currently many drug advertisements in the media, but whether the drugs are of guaranteed quality or not; therefore, it is necessary to clarify responsibilities and be strict in regulations.

Stating that the Politburo has issued Regulation No. 178-QD/TW on controlling power, preventing and combating corruption and negativity in law-making, the National Assembly Chairman requested to review whether there are any interest groups in the draft law to adjust it with a very high sense of responsibility.

At the same time, the drafting agency, the Ministry of Health, must fully absorb the opinions of National Assembly deputies; the reviewing agency must have a clear, impartial, and objective opinion, and not be influenced by any individual or organization during the process of amending the law.

The National Assembly Chairman also emphasized the six words "prudence, precision, and synchronization" for the legitimate interests of the people, businesses, and medical facilities, so that the amended law, when issued, will have a long "lifespan", contributing to better and higher-quality care for people's health; the Government and relevant ministries and branches issue decrees and circulars in a synchronous manner to implement the law.

Concluding this content, Vice Chairwoman of the National Assembly Nguyen Thi Thanh emphasized that regulations related to drug prices aim to enhance better management, but must not increase the burden on business establishments, ensuring consistency in the legal system, including the Law on Prices.