FDI in the Pharmaceutical Sector: Licensing, Distribution, and Quality Control
Foreign direct investment (FDI) in the pharmaceutical industry opens many opportunities but also poses legal risks related to licensing, distribution, and quality control. If you are a foreign company or a local enterprise cooperating with an FDI investor in Vietnam’s pharmaceutical sector, have you fully understood the steps for obtaining a pharmaceutical business license, distribution rights, and quality control requirements? This article will help you understand these issues and find the most appropriate legal solutions.
Understanding the FDI Environment in the Pharmaceutical Sector
Let’s explore the key concepts, risks, and challenges foreign investors face when entering Vietnam’s pharmaceutical market.
Definition and Legal Regulations of FDI in Pharmaceuticals
FDI in the pharmaceutical sector in Vietnam involves not only capital contribution but also strict compliance with specialized pharmaceutical laws. This is a conditional business sector. Accordingly, a foreign-invested enterprise must register its investment project, establish a company, and obtain specialized licenses such as the “Certificate of Eligibility for Pharmaceutical Business,” “Certificate of Eligibility for Drug Manufacturing,” or international standards such as GMP, GDP, and GSP.
Risks and Challenges
Although Vietnam’s pharmaceutical market has high potential—large population, rising demand for medicine—foreign investors must carefully evaluate their options. For example, FDI enterprises are not permitted to distribute pharmaceuticals in Vietnam unless they manufacture locally or meet special conditions. This legal “barrier” forces investors to find alternative strategies, such as partnerships with local distributors. Additionally, regulatory requirements for licensing, product registration, and distribution remain complex.
Practical Solutions and the Role of DEDICA Law
This section guides FDI and local enterprises on how to operate effectively, manage risks, and collaborate with a professional law firm like DEDICA Law for legal compliance.
Preparing Licenses and Investment Procedures
Before entering Vietnam’s pharmaceutical market, FDI companies should:
Prepare an Investment Registration Dossier, specifying objectives, capital, and scope (“drug manufacturing,” “importing,” “pharmaceutical distribution,” etc.).
Register the enterprise in Vietnam under conditional business lines such as “4646 – Wholesale of pharmaceuticals” or “2100 – Drug manufacturing.”
Obtain specialized licenses such as GMP, GSP, and GDP certificates to meet facility, storage, and quality system requirements.
Note: FDI companies are generally not allowed to distribute pharmaceuticals in Vietnam unless they produce them locally.
DEDICA Law can assist you with risk assessment, contract drafting, and licensing procedures with government authorities.
Quality Control and Distribution Cooperation
Once licensed, FDI companies must strictly comply with quality control and distribution standards:
Ensure manufacturing or importing facilities meet GMP, GDP, and GSP standards.
For distribution: choose local distributors who meet all legal conditions, establish clear contracts, and consider authorization or registration transfer if necessary.
Pay attention to warehousing, transportation, traceability, and testing procedures—violations may lead to fines or license revocation.
With DEDICA Law as your partner, you can manage compliance effectively, ensure safe partnerships, and resolve disputes efficiently when they arise.
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