Recently, the authorities have fought to prevent and handle the large-scale crime of producing and trading counterfeit drugs nationwide. This is also the content that receives a lot of attention from many people.
Every month, Ms. Phan Thi Le (character's name has been changed) buys a lot of medicine for the whole family. She expressed concern about buying and selling drugs.
"Is a drug with a lower content than advertised called a fake drug? What is the highest penalty for the crime of producing and trading fake drugs? Are companies that provide active ingredients to produce fake drugs responsible? How will companies importing and distributing active ingredients for the wrong purpose be handled?" - Ms. Le wondered.
Regarding Ms. Le's question, the Ministry of Public Security responded on the Electronic Information Portal with 4 contents. That is:
drugs manufactured with low content, incorrect content, concentration or volume that have been registered for circulation can be considered fake drugs.
According to Article 2 of the 2016 Pharmacy Law, fake drugs are drugs manufactured in one of the following cases:
No pharmaceutical substances or medicinal herbs; There are pharmaceutical substances or medicinal herbs but not in accordance with the pharmaceutical substances stated on the label or according to the standards registered for circulation or stated in the import license;
Having pharmaceuticals or medicinal herbs but not in the correct content, concentration or volume registered for circulation or stated in the import license, except for drugs that do not meet the quality standards prescribed in Clause 32, Article 2 of the 2016 Pharmacy Law, during the process of storage and circulation for circulation;
To be manufactured, presented or labeled to impersonate the manufacturer, manufacturing country or country of origin.
According to Article 194 of the 2015 Penal Code (amended and supplemented in 2017): The person who produces and trades counterfeit drugs can be subject to the highest penalty of life imprisonment or the death penalty if:
Illegal profits of VND 2,000,000,000 or more; Causing the death of 2 or more people; Causing injuries or damage to the health of 2 or more people with a total rate of physical injury of 122% or more; Causing property damage of VND 1,500,000,000 or more.
In case the company providing the active ingredient knows that the active ingredient will be used to produce counterfeit drugs but still intentionally provides them, it can be considered an accomplice, organizer or aid in the production of counterfeit drugs and subject to criminal prosecution under Article 194 of the Penal Code.
Pursuant to Point a, Clause 2, Article 62 of the 2016 Pharmacy Law, companies importing and distributing active ingredients for the wrong purpose will be revoked and may be subject to administrative sanctions according to Decree 117/2020 of the Government regulating administrative sanctions in the health sector.
In case the act of importing or distributing active ingredients for drug use for the wrong purpose leads to the production of counterfeit drugs or poor quality drugs, causing serious consequences, criminal liability will be prosecuted under Article 194 of the Penal Code.
