In order to strengthen legal discipline, enhance the effectiveness of state management, and maximally protect public health, the Government has officially issued Decree No. 90/2026/ND-CP. This is an important legal document detailing administrative violations, penalty forms, and remedial measures in the health sector. For medical staff, especially Pharmacists and Pharmacy students, mastering the contents of this Decree is an urgent requirement to ensure transparency and ethics in professional activities.
Scope of regulation and subjects of application of the Decree
Decree 90/2026/ND-CP is issued with a broad scope of regulation, covering most core activities of the health sector. Specifically, this document regulates administrative violations in the following areas:
- Preventive medicine and HIV/AIDS prevention and control.
- Medical examination, treatment, and implementation of health insurance policies.
- Management of pharmaceuticals, cosmetics, and medical equipment.
- Population and other related medical services.
The Decree applies to all individuals and organizations committing administrative violations in the health sector within the territory of Vietnam, except as otherwise provided for by international treaties to which Vietnam is a member.
Key regulations for Pharmacy activities
In the context of an increasingly complex pharmaceutical market, Decree 90/2026/ND-CP has tightened the management of business and Pharmacy practice activities with new, highly deterrent regulations:
Regarding drug quality: The Decree strongly increases sanctions for the acts of manufacturing and trading substandard drugs, counterfeit drugs, expired drugs, or drugs of unknown origin. The fine level is determined based on the value of the violating shipment, in which the maximum fine for an individual can be up to 100 million VND.
Regarding Pharmacy practice: Regulations on the presence of the professional manager at retail establishments are strictly enforced. Acts such as being absent from the establishment without proper authorization as prescribed, or using an expired practice certificate that is not suitable for the professional scope, will be strictly handled to ensure safety for drug users.
Regarding information and advertising: Strict control of marketing and advertising content for drugs. Advertising acts that cause confusion between functional foods and drugs, or advertising without the approval of the competent state management agency, are strictly prohibited.
Penalty forms and remedial measures
To ensure the strictness of the law, Decree 90/2026/ND-CP clearly defines the levels of violation handling:
1. Principal penalty forms: Including Warning and Fine. The maximum fine in the health sector is 100 million VND for individuals and 200 million VND for organizations.
2. Additional penalty forms: Revocation of the right to use operating licenses or practice certificates for a definite period (from 01 to 24 months); confiscation of exhibits and means used for administrative violations.
3. Remedial measures: Forced destruction of drugs and cosmetics that do not ensure quality or cause harm to human health; forced return of illegal profits obtained from the violating acts to be paid into the state budget.
The role of legal compliance for medical staff
Understanding and correctly implementing Decree 90/2026/ND-CP is not only a legal obligation but also a foundation to protect the reputation and career of every medical professional. In the era of digital transformation and integration, transparency in pharmaceutical professional activities is the key to building sustainable trust with the public. Every Pharmacist and Pharmacy student needs to take the motto “Solid expertise, legal transparency” as a guiding principle, contributing to the comprehensive cause of public health care and protection.
Center for Support & Continuing Education – According to the Vietnam Government