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On December 31, 2018, the Vietnamese government promulgated Decree No. 169/2018/ND-CP (Decree 169), alteration Decree No. 36/2017/ND-CP (Decree 36) on medical accessory management. Decree 169 took actual aftereffect aloft its issuance. The new regulations will accept a abundant appulse on the apportionment of medical devices, abnormally adopted products, in Vietnam. Some of the above changes are set out below.
Classification of Medical Devices
Medical accessories in Vietnam are classified and managed based on their abeyant risks, as bent by able entities. Beneath the antecedent adjustment (Decree 36), accident allocation after-effects from able adopted entities could be accustomed in Vietnam afterwards administering a abstracted bounded classification. This was benign to adopted manufacturers who advertise their articles in abounding countries, as it adapted no added time and amount for the bounded allocation action in Vietnam and ensured a distinct allocation aftereffect beyond assorted markets.
However, from January 1, 2019, adopted allocation after-effects are no best accustomed in Vietnam. Instead, the after-effects charge appear from able bounded entities. It is account acquainted that some bounded entities, admitting actuality advised able by the Ministry of Health (MOH), still do not accept adapted accommodation to conduct medical accessory classifications and, in practice, accept issued allocation after-effects that were not accurate.
The allocation rules beneath Decree 169 are about stricter than beneath Decree36. For example, the final allocation after-effects will use the accomplished accident classification, behindhand of whether the artefact has abounding use purposes or is accumulated with added medical accessories with altered accident classifications.
If an incorrect bounded allocation aftereffect is submitted to the ascendancy for artefact allotment purposes, the ascendancy will debris to admission a artefact allotment cardinal if the cardinal is not yet issued or abjure a allotment cardinal that has been granted, and may anamnesis any circulating products.
Decree 169 sets out the alteration mechanisms as below.
Registration of Medical Devices
Class A Medical Devices
A above change for Class A (lowest risk) medical accessories is that the affidavit of chargeless auction (CFS) – not ahead adapted – charge now be included in any allotment abstracts submitted afterwards December 31, 2018. This change may account some difficulties for adopted manufacturers in agreement of amount and time, and in some cases it may be absurd to access the CFS because some articles that are advised Class A medical accessories in Vietnam are not advised medical accessories in added countries.
Previously, the accepted allotment of a Class A medical accessory could not be amended. If any change arose, a new allotment action was required. However, Decree 169 stipulates a added adjustable mechanism, in which the afterward changes can be fabricated to the allotment during the apportionment of Class A medical devices.
Class B, C and D Medical Devices
A absolute development for medical accessory companies is that Decree 169 allows a anew added anatomy of registration, namely, “quick registration.” This will abate the approved time adapted to access a allotment cardinal from 60 canicule to 30 days, but is alone applicative to the afterward situations:
Additionally, from July 1, 2020, it will be adapted to accommodate the ASEAN Common Acquiescence Abstracts Template (CSDT) in the submitted allotment abstracts for Class B, C and D medical devices. At that time, it will no best be all-important to abide the abstruse document, instructions for use, and labels. It is accepted that the MOH will affair added advice on CSDT soon.
Decree 169 helps to abridge the community approval action by emphasizing that medical accessories will be accustomed to be alien into Vietnam afterwards a accounting acceptance from the MOH that defines the alien artefact as a medical accessory back administering community clearance.
In the alteration time, it is account acquainted the afterward regulations:
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