Vietnam’s medical device market has emerged as one of Southeast Asia’s most promising healthcare sectors, offering significant opportunities for foreign investors. However, success in this market requires a thorough understanding of the regulatory landscape and compliance requirements.

Introduction to Vietnam’s Medical Device Market

Vietnam’s medical device market has experienced remarkable growth in recent years, driven by increasing healthcare expenditure, an aging population, and rising demand for advanced medical technologies. These factors present significant opportunities for foreign investors but also come with regulatory challenges that require careful navigation.

With a market size of USD 1,677.4 million, Vietnam ranks eighth in the Asia-Pacific region and boasts a compound annual growth rate (CAGR) of 10.2%. Key drivers of this growth include:

  • Aging Population Trends: The percentage of the population over 60 years old in Vietnam has increased from 11.9% in 2019 to 13.9% in 2023, spurring higher demand for healthcare services and medical devices.
  • Improved Living Standards: With rising income levels, even rural populations are increasingly willing to invest in healthcare for better quality of life.
  • Pro-Investment Policies: National healthcare strategies and sectoral development plans provide a favorable environment for foreign businesses to establish and expand in Vietnam.

Understanding and complying with Vietnam’s medical device regulations is critical for successful market entry and sustainable operations. This handbook aims to provide essential insights into the legal and regulatory framework to help investors navigate the complexities of this growing market effectively. For further reading, please visit Baodautu.vn

Regulatory Framework Overview

Key Regulatory Bodies

The Department of Medical Equipment and Construction (DMEC), under the Ministry of Health (MOH), serves as the primary regulatory authority for medical devices in Vietnam. They oversee:

  • Device classification and registration (Chapter II of the Decree 98/2021/ND-CP)
  • Quality management systems (Law on Products and Goods Quality)
  • Post-market surveillance (Chapter V Section 4 of the Decree 98/2021/ND-CP)
  • Import/export controls (Chapter VI Section 6 of the Decree 98/2021/ND-CP)

Applicable Laws and Decrees

The regulatory framework is primarily governed by:

  • Decree 98/2021/ND-CP on medical device management
  • Circular 19/2021/TT-BYT on medical device registration
  • Law on Product and Goods Quality

Medical Device Classification

Vietnam uses a risk-based classification system for medical devices whose principles are found in Article 5 of Decree 98/2021/ND-CP, classifying them into four classes provided for in Article 4 of the Decree :

  • Class A: Low-risk devices (e.g., medical examination beds, tongue depressors) 
  • Class B: Low-moderate risk devices (e.g., surgical gloves, syringes) 
  • Class C: Moderate-high-risk devices (e.g., surgical implants, dental implants) 
  • Class D: High-risk devices (e.g., heart valves, implantable defibrillators)

These classifications help determine the regulatory requirements and the degree of scrutiny each device undergoes during the approval process in Vietnam.

Registration Process

Step-by-Step Registration Procedure

  1. Determine Device Classification
    Identify the device’s risk level (Class A, B, C, or D) based on Articles 4 and 5 of Decree 98/2021/ND-CP.
  2. Prepare Technical Documentation
    Prepare the required technical documents, including safety, quality, and efficacy data, in compliance with Articles 26 and 27 of the Decree.
  3. Submit Registration Dossier
    Submit the complete registration dossier to the Department of Medical Equipment and Construction (DMEC), as per Articles 29 and 30 of the Decree.
  4. Undergo Technical Review
    The DMEC conducts a review of the dossier, assessing compliance with regulations (Articles 28 and 31).
  5. Receive Marketing Authorization
    After approval, the device receives marketing authorization to be sold in Vietnam, following Articles 28 and 32.

Required Documentation

According to Article 30 of Decree 98/2021/ND-CP, the registration dossier for medical devices must include the following key components:

  1. Product Description and Intended Use: A detailed description of the product, including its intended medical application and usage.
  2. Manufacturing Information: Information on the manufacturing process, including details about the manufacturing facility.
  3. Quality Management System Certificates: Documentation proving that the manufacturer has an established quality management system, in line with international or local standards.
  4. Clinical Evaluation Data: Evidence from clinical evaluations demonstrating the device’s effectiveness and safety for its intended use.
  5. Product Safety and Performance Testing Results: Results from safety and performance tests, ensuring the device meets all regulatory standards.

These documents must be submitted as part of the registration process to ensure compliance with Vietnamese medical device regulations.

Import Requirements

Import Licensing Process

Foreign manufacturers must:

  • Appointment of Local Representative
    The foreign manufacturer must appoint a local representative or establish a local entity in Vietnam, as stipulated in Article 25.1 of Decree 98/2021/ND-CP.
  • Import License
    Each shipment of medical devices requires an import license, as outlined in Article 48 of Decree 98/2021/ND-CP.
  • Customs Declaration
    The manufacturer must comply with customs declaration requirements, in accordance with Article 48 of Decree 98/2021/ND-CP.
  • Product Labeling
    The product labelling must meet the standards specified in Article 34.1 of the Product and Goods Quality Law and Article 9 of Decree 43/2017/ND-CP.

Post-Market Surveillance

Post-market surveillance (PMS) is a critical component in the lifecycle of medical devices to ensure ongoing safety and performance. In Vietnam, manufacturers and importers are required to maintain robust systems to monitor the safety and quality of devices once they are on the market. Key responsibilities include:

  1. Quality Monitoring Systems
    Companies must have systems in place to monitor the quality of devices post-market, ensuring they continue to meet required standards and regulations.
  2. Adverse Event Reporting
    Procedures for reporting adverse events, such as device malfunctions or health complications, must be established to comply with the regulations. This allows regulators to address safety issues promptly.
  3. Product Tracking Mechanisms
    Effective tracking mechanisms must be in place to trace devices in the supply chain. This is important for ensuring that defective products can be recalled quickly and efficiently.
  4. Regular Safety Updates
    Manufacturers and importers are also required to provide regular safety updates to the authorities, which helps to keep them informed of any emerging risks or issues related to devices.

For more detailed insights into these requirements and to stay informed on regulatory updates, visit the Ministry of Health and relevant regulatory authorities. You can refer to more information on this process at VDE

Common Challenges and Solutions

Key Challenges

  • Complex Documentation Requirements: Regulatory documents need to be comprehensive and precise, which can be challenging for companies unfamiliar with the local requirements.
  • Language Barriers: Many regulatory documents are in Vietnamese, posing a challenge for foreign manufacturers.
  • Lengthy Approval Timelines: The approval process for medical devices can be lengthy, affecting the speed of market entry.
  • Frequent Regulatory Updates: Regulations in Vietnam may change frequently, requiring companies to stay alert and adapt quickly.

Solutions

  • Partnering with Local Representatives: Collaborating with experienced local agents or distributors who understand the regulatory environment can ease the process and ensure compliance.
  • Open Communication with Regulatory Authorities: Maintaining clear, open channels of communication with Vietnamese regulatory authorities ensures that manufacturers stay informed about changes and expectations.
  • Implementing Quality Management Systems: Developing robust internal systems to monitor and manage quality effectively can help meet regulatory standards and reduce risks.
  • Staying Updated on Regulatory Changes: Regularly reviewing updates from the Ministry of Health and other relevant bodies will help companies stay compliant with new laws and regulations.

Conclusion

Successfully navigating Vietnam’s medical device regulations requires in-depth knowledge of the local regulatory landscape, strategic planning, and constant vigilance. Although the process can be challenging, it offers significant market opportunities for foreign investors. To achieve sustainable success in the Vietnamese medical device market, companies should:

  • Invest in understanding and adhering to local regulations.
  • Foster strong relationships with local partners who can navigate the regulatory environment.
  • Ensure compliance with Vietnamese quality standards.
  • Keep updated on regulatory changes and be proactive in adapting to them.

By following these steps, foreign manufacturers and importers can position themselves for long-term success in the growing Vietnamese market.

Harley Miller Law Firm “HMLF”

Address: 14th floor, HM Town Building, 412 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City.

Phone: +84 937215585

Website: hmlf.vn

Email: miller@hmlf.vn

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