European Chamber of Commerce in Vietnam

Pharma Group Code of Pharmaceutical Marketing Practices

Adopted on 1st January 2014;
Amended by the Pharma Group General Assembly on 27th January 2016, effective 1st June 2016
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Content

1. Preamble

2. Scope

3. Definition

4. General Principles

5. Medical Information And Claims

6. Product Information to HCP in Medical Journals

7. Printed Promotional Materials

8. Electronic Promotional Materials

9. Medical Representatives

10. Samples

11. Gifts, Give-aways and Items of Medical utility

12. Hospitality and Events

13. Honorariums

14. Market Research

15. Post Marketing Surveillance

16. Relation with Non HCP/Public

17. Donation

18. Trade Promotion

19. Administration and Complaints Procedure of this Code

20. Sanctions

21. Compliance Procedure

22. Appendix: Q&A (pending)

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 1. PREAMBLE

1.1 The Pharma Group (“PG”) is a non-profit, non-governmental group, and setup as a sector
committee of European Chamber of Commerce in Vietnam (EuroCham). PG members (“PG
members”) represent European as well as non-European multinational research-based
pharmaceutical companies and their partners in Vietnam. PG members are committed to the
ethical standards set out in this Code of Pharmaceutical Marketing Practices (“Code”).

1.2 The ethical promotion of medicines is vital to the pharmaceutical industry’s mission of helping
patients by discovering, developing and marketing innovative and high quality medicines.
Ethical promotion helps to ensure that healthcare professionals (“HCP”) have access to the
information they need, that patients have access to the medicines they need and that medicines
are prescribed and used in a manner that provides maximum healthcare benefits to patients.

1.3 PG members are committed to educational and promotional efforts that benefit patients;
continuous medical education for healthcare professionals, promotional programs and
collaborations that enhance the practice of medicine. PG members also seek to preserve the
independence of the decisions taken by HCP in prescribing medicines to patients. The
pharmaceutical industry has an obligation and responsibility to provide accurate information
and education about its products to HCP in order to establish a clear understanding of the
appropriate use of medicines. PG members’ relationships with HCP must support and be
consistent with the professional responsibilities HCP have towards their patients. PG members
must maintain high ethical standards when conducting promotional activities and comply with
applicable legal, regulatory and professional requirements. Through the promotion of this Code,
PG members seek to ensure that ethical promotional practices are established nationwide.

1.4 This Code sets forth standards for the ethical promotion of medicines to HCP, and for PG
members’ interactions with them. This Code applies to all PG members and becomes effective
on 1st June 2016.

1.5 PG members commit to adhere strictly to all laws and their implementing regulations relevant
to the healthcare and pharmaceutical industry of Vietnam (“Laws”). The main purpose of this
Code is to give guidance to PG members and their employees and to define high level ethical
and professional standards which PG members commit themselves to follow. This Code does
not aim to replace or override any Laws. The content of this Code has been checked to ensure
that it is compatible with applicable Laws related to pharmaceutical marketing practices.
However, this Code does not constitute legal advice and does not replace member companies’
internal regulations. Besides committing themselves to follow the guidance given in this Code,
PG members take their own responsibility to ensure strict adherence to any applicable law and
regulations and to set their own company internal guidelines.

1.6 To the extent that the activities contained within this code are permissible under local law, the
PG members will act according to the standards documented. Even when certain activities are
not directly performed by PG members, instead they are performed by third parties on behalf of
PG members, they still should be according to the standards documented herein.
1.7 This Code contains provisions relating to scope, applicability and general principles; the
content of medical information and promotional materials, the role of medical representatives,
interactions with HCP through symposia and congresses; printed, audio visual and electronic,
promotional or advertising material; sample; market research; communication with the public
and mass media; and operation and enforcement of the Code. It also includes a Q&A section to
assist in interpretation of the Code and details the operating procedures for Code complaints.
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1.8 PG member companies are accountable for addressing and correcting infringements of the
Code. They must also ensure that internal structures and procedures (including adequate
training of employees) are created to ensure responsible and ethical promotional activities.

1.9 The PG is open to receive genuine complaints from any source on any aspect of the Code, in
accordance with its operating procedures. Where there has been a breach of the Code, the
objective is to correct the matters as rapidly as possible.

2. SCOPE

2.1 This Code applies to all PG members and all employees (whether indefinite term, definite term
or seasonal labor contracts) as well as third party agencies representing the interest of PG
member companies.

2.2 This Code is applicable to medicines, as defined in Article 3.2.

2.3 This Code regulates activities undertaken, organized or sponsored by PG members which are
directed to HCP to promote the prescription, recommendation, supply, administration or
consumption of its medicines through whatever medium or communication channel.

2.4 This Code does not seek to regulate the following activities:

 Promotion of food supplement and nutritional products;

 Promotion of cosmetics;

 Promotion of medical equipments;

 Promotion of products other than medicine (as defined in article 3.2.)

 Pricing or other trade terms for the supply of pharmaceutical products.

3. DEFINITIONS

3.1 “Promotion” refers to the informational and marketing activities undertaken, organized or
sponsored by a pharmaceutical company, through whatever medium or channel, with the
objective to provide information to HCP about their medicine, its appropriate use and scientific
information, and to support medical research and education. Promotion does not refer to trade
activities such as trade events and/or trade promotion activities under Vietnamese law.

3.2 “Medicine”, “Product” means a substance or combination of substances used for humans for
the purpose of preventing, treating or diagnosing illness and for correcting physiological or
physical functions. Medicine includes finished products, raw materials used to manufacture
medicines, vaccines and biological products, but excludes foodstuffs and traditional medicines.

3.3 “HCP” (healthcare professional) refers to individuals who in the course of their professional
activities are authorised to or may recommend, prescribe, purchase, supply, administer or
dispense medicines or who may influence the purchase, supply or use of medicines, including
but not limited to doctors, dentists, nurses, midwives, reproductive healthcare providers,
pharmacists, pharmacy assistants, hospital management, primary care managers, members of
formulary committees and payer bodies such as staff in health appraisal agencies,
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 reimbursement bodies, pricing bodies and sick funds. Pharmacies’ sellers/ owners are
considered as HCPs in promotional and scientific activities/ events. Trade events are not
covered by this Code.

3.4 “Medical representative” means a qualified person who is assigned by PG members and their
partners operating in Vietnam to introduce medicines to HCP.

3.5 “Events” means all types of scientific congress, conferences, symposia, meetings or any type
of similar activity, including but not limited to expert meetings, roundtable meetings, training
meetings, etc. organized or sponsored by a pharmaceutical company.

3.6 “Donations” are non–refundable aid provided for not-for-profit purposes by donors to achieve
development and humanitarian objectives.

3.7 “Items of medical utility” are non-promotional medical items (including but not limited to
anatomical models, stethoscope, sphygmomanometer, otoscope, opthalmoscope, laryngoscope,
reflex hammer, head mirror, rhinoscope, medical thermometer, glucometer, tongue refractor,
medical textbooks or medical journals) which are directly beneficial for the provision of
medical services and for patient care.

3.8 “Give-away” is an item relevant to the HCP practice and with nominal value (not exceeding
VND100,000) given to HCP as a reminder of the company name.

3.9 “Event stationeries” are stationery items which can be given to HCP during an event with the
purpose to deliver the content of the event or related scientific materials to the HCP. Such items
include but are not limited to pens, notepads, digital storage devices to contain soft copies of
presentations, and bags to carry the event materials, with the total value not exceeding
VND200,000.

3.10 “MOH” means the Ministry of Health of Vietnam.

4. GENERAL PRINCIPLES

4.1 Laws and Codes

PG members must observe all applicable Laws, provisions of this Code as well as other
relevant industry codes, and are responsible for establishing and maintaining appropriate
procedures to ensure full compliance, and to regularly review, monitor, and adjust if necessary
the planning, implementation and materials of their promotions and events.

4.2 Basis of Interaction

PG members’ relationships with HCP are intended to benefit patients and to enhance the
practice of medicine. Interactions must be focused on informing HCP about products and their
appropriate use, on providing scientific information and/or on supporting medical research and
education.

4.3 Independence of HCP

No financial benefit or benefit-in-kind (including grants, scholarships, subsidies, supports,

consulting contracts or education or practice related items) may be provided or offered to a

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 HCP that inappropriately influences prescribing, recommending, purchasing, supplying or
administering medicines or for a commitment to continue to do so (i.e. no quid pro quo).

PG members must ensure that all their employees are adequately trained and possess sufficient
medical and technical knowledge to present information on their company's products in an
accurate, responsible and ethical manner. They must also feedback to their company
information received on the use of products and particularly reports of side effects.

4.4 Appropriate Use

Promotion should encourage the appropriate use of medicines by presenting them objectively
and accurately.

4.5 Transparency of Promotion

Promotion must not be disguised as another activity. Clinical assessments, post-marketing

surveillance and post-authorization studies must not be promotional activities in disguise. Such
assessments, programs and studies must be conducted with a primarily scientific or educational
purpose. Material relating to pharmaceutical products and their uses, whether promotional in
nature or not, which is sponsored by a company, must clearly indicate by whom it has been
sponsored.

4.6 Pre-Approval Communications and Off-Label Use

No off-label use for a medicine must be promoted in Vietnam until the requisite approval for
marketing such use has been given by the MOH. This provision is not intended to prevent the
right of the scientific community and the public to be fully informed about scientific and
medical progress. It is not intended to restrict a full and proper exchange of scientific
information concerning a pharmaceutical product, including appropriate dissemination of
investigational findings in scientific or lay communications media and at scientific conferences.
Nor should it restrict public disclosure of information to stockholders and others concerning
any medicine as may be required or desirable under the applicable Laws.

4.7 Implementation

This Code is to be applied in the spirit as well as in the letter.

5. MEDICAL INFORMATION AND CLAIMS

5.1 General Criteria

Information and claims for pharmaceutical products must be true, accurate, clear and objective,
as substantiated by scientific evidence.

Such information and claims must be presented with a high ethical standard, in compliance
with the latest product information approved by the MOH, and in such a way as not to be
misleading or ambiguous.

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5.2 Scientific Evidence

The scientific evidence must be based on proven scientific data, fully available, referenced and
traceable, and scientifically valid. In-vitro and animal test data must be clearly marked as such,
in order not to give an incorrect or misleading impression.

5.3 Requests for information

Companies must handle requests for information from HCP ethically and with objectivity by
providing information that is true, accurate, clear and objective.

5.4 Safety Data

Information on product safety, as well as contra-indications, warnings and side effects must
conform to those approved by the MOH. Descriptions such as “safe”, “harmless”, “no contra-
indications”, and “no side effects” are prohibited. All PG members must report adverse drug
reactions associated with their products in accordance with applicable Laws.

5.5 Incorrect or Misleading Claims

Information, promotional claims, supporting data, and audio, graphic or other visual
presentations must not be directly or indirectly misleading by omission of certain parts or by
the distortion of evidence or expert opinion.

5.6 Unqualified Superlative Claims and Hanging Comparative Claims

Making unqualified superlative claims (e.g. “Product X is the best treatment for condition Y.”)
or making comparative claims, hanging (e.g. “Product X is better/stronger/faster/safer for
condition Y”) or non-hanging (e.g. “Product X is better/stronger/faster/safer than Product Z for
condition Y”), is prohibited.

5.7 Comparison

Comparison between one product with another competitor product is not allowed. Comparison
between two substances by way of clinical trial data graphs which are used in the presentation
or in the promotional materials to HCP are subject to the approval of the MOH.

Companies may incorporate a comparison between their products and counterfeits or

intellectual property right-infringing products after obtaining the regulatory authorities'
certification that such counterfeit or intellectual property right-infringing products are used for
comparison.

5.8 Imitation or Copying of Materials

A PG member must not imitate or copy other companies’ promotional or advertising materials,
such as imitating or copying logos and slogans, or layouts adopted by any other company.

5.9 HCP in Promotion Materials

Names or photographs of HCP or examination and treatment establishments must not be used
in medicine promotional or advertising materials.

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 It is, however, acceptable to use such names and photographs in proceedings of events, if it is
permitted by the HCP or the examination and treatment establishment (e.g. brochures,
invitations, etc., for an event in which the HCP is identified).

5.10 Hidden Promotion/Advertising

Promotional materials, such as mailings and medical journal advertisements, must be clearly
marked as such so that its real nature is not disguised, e.g. advertisements in journals which are
part of the editorial should be marked as “PROMOTIONAL ADVERTISEMENT” or
“ADVERTORIAL” in capital letters of the largest pitch used in the body text of the
advertisement.

Company name, logo, tagline of the company are allowed to be printed on give-aways. Product-
specific and/or franchise-specific promotional message are not allowed to be printed on give-
away.

6. PRODUCT INFORMATION TO HCP IN MEDICAL JOURNALS

6.1 The contents of the product information and/or product advertising provided to HCP must
satisfy the requirements of the drug information and advertisement regulations issued by the
MoH.

6.2 It must conform, both in text and illustration, to standards of good taste and should recognise
the professional standing of the HCP recipients.

6.3 The requirements in Section 5 and this Section 6 apply also to advertisements in MIMS and
other similar references.

7. PRINTED PROMOTIONAL MATERIALS

7.1 General

This section defines printed material directed to HCP. Printed material must be presented in a
legible manner. Information and claims for pharmaceutical products must be true, accurate,
clear and objective, as substantiated by scientific evidence. Information and claims must also be
presented with a high ethical standard, in compliance with the MOH authorized product
information, and in such a way that is not misleading or ambiguous.

7.2 Contents of Product Information

The contents of the product information provided to HCP must satisfy the requirements of the
drug information and advertisement regulation issued by the MOH.

7.3 References/Quotations

Promotional materials or other materials containing information in the form of abstracts or

quotations derived from other authors or sources must include clear and traceable references,
and must not be modified or distorted so as to mislead, confuse or alter the intended meaning of
the author. Any reproduction or translation must have the formal authorization of the author in
those cases where the information is not publicly available.

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7.4 Mail, Faxes, Email and Text Messages

Communications must comply with all relevant provisions of the Code. Communications must
be sent only to HCP if it can be reasonably assumed that HCP would need or have an interest in
this particular information. In order to control the information given to HCP, HCP contact
details have to be kept confidential and HCP has the right to demand removal of his or her
contact details from distribution lists. When managing distribution lists/ contact details, data
privacy must be considered, laws must be observed.

Requests to be removed from mailing lists must be complied with promptly, and no name
should be restored except upon specific request or with written permission. Mailing lists must
be kept up-to-date.

Exposed mail, including postcards, envelopes, and wrappers, must not include material that
might be regarded as advertising to the general public or that could be considered unsuitable for
public view.

8. ELECTRONIC PROMOTIONAL MATERIALS

8.1 All requirements for printed materials also apply to other materials, regardless of the medium
used for communication

8.2 For electronic, interactive, or audio-visual materials or systems, product information must be
provided either by a document included in the packaging materials, or by including the
information directly in the recording or system. When audio-visual presentations are made, full
product information must be available and provided to any HCP who requires a copy.

8.3 Any communication through websites has to be in line with applicable MOH regulations. For
communication through websites, following guidelines must be observed:

 All information must comply with the applicable Laws and be consistent with the product
information as approved by the MOH.

 Each page or item must identify the author and the date of last update.

 The identity of the pharmaceutical company, initiating or supporting the websites, must
be clearly visible.

 The intended audience must be clear and the information must be appropriate for such
audience.

 Content intended for the public must be clearly separated from content intended for HCP.
In addition, measures must be taken to ensure that the product information for HCP is
only accessible to HCP (e.g., via the use of passwords).

 There must not be links to other websites without the permission of the respective website
owner.

 PG members must conduct regular reviews of web content and have an appropriate
contract in place with website providers to ensure that they can exert appropriate control
over the websites.

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 9. MEDICAL REPRESENTATIVES

9.1 Medical representatives must be adequately trained, must possess sufficient medical and
technical knowledge, and must be qualified to present information on the PG members’
products in an accurate and objective manner, with a high ethical standard, in compliance with
the latest product information approved by the MOH, and in such a way as not to be misleading
or ambiguous.

9.2 Medical representatives must at all times maintain a high standard of ethical conduct in the
discharge of their duties. They are required to be instructed in and to possess a copy of the
Code. Furthermore, they must be aware of and comply with any applicable Laws.

9.3 Medical representatives must not employ any inducement or subterfuge to gain a call; neither
should any fee be paid for that purpose. Registration or administration fees for participation in
hospital meetings or group presentations in hospitals are allowed. Such registration fees must
be paid directly to the official account of the organizing hospital.

9.4 PG members have the responsibility to ensure that their medical representatives have adequate
training on a regular basis to provide product information. PG members are also responsible for
correcting breaches of this Code by their medical representatives.

9.5 The system of remuneration of medical representatives must not encourage unethical behaviour
and must not adversely influence the proper prescription and usage of medicines.

10. SAMPLES

10.1 PG members are prohibited from giving samples to HCP, except for (i) samples for tender as
requested by the hospitals, or (ii) samples of vaccines and biological products for the
purpose of quality safety testing by the National Institution for Control of Vaccines and
Biologicals before circulation in the market, or (iii) other requests by the health authorities.

11. GIFTS, GIVE-AWAYS AND ITEMS OF MEDICAL UTILITY

11.1 Gifts

Gifts to HCP, including but not limited to cash, cash equivalents (such as gift certificates),
stocks, goods, valuable papers, entertainment, travelling tours, services, are strictly prohibited.

On the Vietnamese Tet, gifts with a value of no more than VND 500,000 can be offered to
HCP. For the funerals of HCPs, their parents/ parents-in-law, their spouse, and their children,
flowers can be given at value up to VND 1,500,000.

Gifts to Hospital Departments/ Institutes/ Organizations/ Associations are not allowed. Flowers
with value up to VND 1,500,000 can be given to Hospitals/ Institutes/ Organisations/
Associations only for their annual establishment anniversary or new office/ branch opening.

11.2 Give-aways

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 Give-aways can be given to HCP, provided that these (i) are given only at events and visits to
HCP, (ii) do not display product or brand names, product-specific and/or franchise-specific
promotional message (iii) show the company name, logo and/ or tagline of the company (iii) are
relevant to HCP’s practice, (iv) are of a nominal value (not exceeding VND100,000) and (v) are
not formative of a quid pro quo arrangement.

11.3 Items of Medical Utility & Medical Literature

Items of medical utility may be offered or provided free of charge to HCP provided that such
items are of modest value and are directly beneficial to the provision of medical services or for
patient care.

Items of medical utility should be given to HCP on occasional basis only, not more than 4 times
per year, and must not exceed a value of VND 2,000,000 per HCP per occasion.

Items of medical utility with greater values may only be given to Medical Institutions,
organizations or associations. In such cases, applicable laws and regulations must be strictly
adhered to. Private clinics of doctors in this case do not qualify as medical institution.

Items of medical utility must never be given to HCP or medical institutions, organizations or
associations for the personal benefit of the HCP or to influence recommendation, prescription,
purchase or usage of medicines and must never be formative of a quid pro quo arrangement.

12. HOSPITALITY AND EVENTS

12.1 General principles

 The purpose and focus of an event for HCPs organized or sponsored by a PG member
must be to inform HCP about products and/or to provide scientific or educational
information. PG members must not organize or sponsor recreational events such as tours,
sports, leisure activities, year-end parties for medical institutions, anniversary events of
medical institutions etc. PG members are prohibited from offering any kind of
compensation to HCP for participation in the events.

 PG members must not deliberately interfere or undermine an event organized or

sponsored by another PG member.

 The participation or the type of involvement (e.g organizer or sponsor) of a PG member

in an event must be declared clearly during the event and in any printed proceedings from
the event.

 Any materials handed out during or after the event should be in line with sections on
medical information and claims. Event stationeries are allowed to be provided to all
event participants.

 If the event is organized and initiated by a medical association or another professional

organization, then that organization is responsible for the program content. Any support
from the pharmaceutical industry must be sufficiently stated or disclosed.

12.2 Event location

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  PG members must not organize or sponsor HCP to attend events that take place outside of
their home country unless it is appropriate and justified to do so from a logistical or
security point of view. PG members can organize or sponsor HCP to attend international
events, as these derive participants from many countries.

 All events organized or sponsored by PG members must be held in an appropriate venue

that is conducive to the scientific or educational objectives of the event. PG members
must not organize or fund events at extravagant or luxury venues or at places which are
associated by the public primarily with sport, luxury, exclusivity or entertainment (e.g.
golf clubs, karaoke bars, beer restaurants).

12.3 Sponsorship to individual HCP to attend events

 Any sponsorship provided to individual HCP must not be conditional upon any
obligation to promote, recommend, prescribe or purchase any pharmaceutical product.

 Sponsorship to HCP to attend to scientific events is limited to the payment of

transportation to and from the event, meals, accommodations and registration fees.

 It is not allowed for PG members to pay for any expenses or to grant any support to any
person accompanying the invited HCP. HCPs can have their relatives with them at their
own expense, but PG members will not involve in logistic arrangement for
accompanying people. Accompanying people should not be allowed to attend any event
for HCPs organized by PG members.

 Travel and accommodation should be provided as per reasonable standards considering the
nature and venue of the event and the level of involvement of the HCP. For example
business class tickets for local travel, luxurious or extravagant accommodation must not be
provided.

 Hospitality offered to the HCP must be limited to refreshments and/or meals incidental
to the main purpose of the event and its value must be moderate and reasonable as
judged by local standards. Alcohol drinks are not allowed during event lunch.
Refreshment during dinner can have alcohol drinks, with reasonable limit. Applicable
laws should be respected.

 Expenses for travel, accommodation, hospitality or event registration must be paid

directly to the service provider whenever possible. Payments in cash must not be made
to HCP either directly or indirectly in any form. Bank transfer or cheque for
reimbursement to the HCP for incurred expenses are allowed as an exception provided
the expenses are in line with the terms of the Code and relevant documentation and
receipts are provided by the HCP.

 PG members aim to create transparency towards the HCPs employer about invitations
or sponsorships for HCP to attend events including details of the sponsorship and the
agenda of the event. PG members have to ensure that when inviting or sponsoring HCPs
to attend events, they do not interfere with interest of the HCPs employer. For engaging
with HCPs, PG member companies should be aware that HCPs might have obligations to
their institutions.

 When inviting HCP to attend International event, PG members must make sure that they
have obtained the official permit from the HCP's institution for the HCP to attend that
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 event.

12.4 Exhibitions Stands and Quiz

 Exhibitions, hospitality booths, stalls, counters, etc., must be secondary to and not detract
from the scientific objectives of the event. Exhibitions are to be organized solely for the
purpose of HCP to gain scientific information related to the topics of the event. The name
of the company/exhibitor must be clearly visible and the exhibitions must comply with
the provisions as set by organizing committee.

 Quizzes linked to product information and conducted during scientific events are allowed.
The quiz prizes are limited to give-aways which are defined and described in Article 3.8
and Article 11.2. Prizes for scientific contest are allowed, but the number of prizes per
each contest will not exceed 5, the prizes are limited to medical utility for individual
HCPs. The number of contests is limited by the number of individual Principals
participating in an event, with a maximum of 5 contests. Lucky draw in events for HCPs
are not allowed.

13. HONORARIUMS FOR SERVICES PROVIDED BY HCP

13.1 It is permitted to engage HCP, whether in groups or individually, for services such as speaking
at and chairing meetings, translating medical documents, writing a medical article and/or giving
medical training where such services involve honorariums.

13.2 The arrangements covering legitimate provisions of such services must meet the following
conditions:

i. The engagement does not interfere with the interest of the HCPs employer and the employer
has no objection against the engagement;

ii. ̣A written contract with the engaged HCP is put in place which specifies the nature of the
services to be provided and the basis for payment of those services;

iii. Payment to HCP service providers must be based on market criteria and be proportionate to
the time devoted, the work done and the responsibilities assumed and must be adequately
documented. Payments of service fees must not be made in advance. Cash payment is
prohibited;

iv. Only engage HCP service providers where there is a legitimate need for their services and the
relevant person is an appropriate candidate based on their qualifications and experience in the
relevant subject matter or activity; and

v. The hiring of HCP to provide the relevant services is not an inducement or reward to
recommend, prescribe, purchase, supply, sell or administer a particular medicine (i.e., no quid
pro quo).

13.3 The amount of the honorarium for local speakers/moderators at local meetings should be at fair
market value. The honorarium for foreign speakers at local meetings or local speakers at
international meetings should be at the level of normal practice in the speaker’s home country.

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 14. MARKET RESEARCH

14.1 The sole purpose of these activities must be to collect data and not be a means to promote to
and/or reward HCP.

14.2 Market research must rely on scientific research methodologies, such as sampling, data
collection and analysis techniques, and not on methods which risk discrediting or reducing
confidence in the pharmaceutical industry. The following provisions apply whether the research
is carried out directly by the company concerned or by an organization acting on the company’s
behalf.

14.3 Market research must not be used as a disguised form of sales promotion, and in itself, the
research must not have a direct objective of influencing the opinions of the informant. The
research design should be done in such a way that the data is unbiased and non-promotional.

14.4 The identity of an informant must be kept confidential, unless he/she has specifically agreed
otherwise. In the absence of this agreement, it follows that the information provided (as distinct
from the overall results of the research) must not be used as the basis upon which a subsequent
approach is made to that informant for the purpose of sales promotion.

14.5 Precautions should be taken to ensure that informants do not suffer as the result of embarrassment
following an interview, or from any subsequent communication concerning the research project.
Fees for research respondents should be modest and in proportion with the work involved.

15. POST MARKETING SURVEILLANCE

15.1 Post marketing surveillance (“PMS”) for approved medicines are important to ensure their
rational use. Such assessments, programs and studies must be conducted with a primarily
scientific or educational purpose.

15.2 PMS studies must not be misused as a disguised form of promotion.

15.3 Substantiated information on serious hazards or adverse events associated with medicines must
be reported to the appropriate authority as required by applicable regulations

16. RELATION WITH NON-HCP/PUBLIC

16.1 Prescription medicines must not be advertised to the general public. This prohibition does not
apply to public health activities done in cooperation with medical associations, such as disease
awareness, or vaccination campaigns, provided that the product name is not mentioned and the
campaign is approved by the MOH

PG members may support public disease awareness campaigns by providing a grant or

sponsorship or partnership with an appropriate medical association. Such disease awareness
campaigns should not be misused as any forms of disguised promotion. Patient information
should carry the advice “Please consult your physician”. Company addresses and telephone
numbers should not be part of the information given to the public. An acknowledgement of
company sponsorship must be included, but should be limited to an appropriate statement with
the company name and logo.
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16.2 For prescription products, it is not permitted to link HCP-directed promotional materials to
public disease awareness campaign materials.

16.3 PG members must not answer requests from individual members of the public for advice on
personal medical matters. Enquirers must be referred to their personal physicians. This includes
toll-free information services. Medical representatives must never discuss medical matters with
patients in any forum, including health fairs, pharmacies, hospitals, and physicians’ waiting
rooms, even if approached directly by a patient, nor may they instruct patients on how to use
company products. Patients must be advised to seek advice directly from their physician, who,
in turn, may contact PG members for further information. Disease awareness campaigns or
patient education programs can be supported by PG members by providing a grant to a
competent medical association which is authorized to conduct such campaigns.

16.4 PG members may support the work of independent patient associations but must ensure that
their involvement has been declared and is transparent, that all of the arrangements comply
with this Code and applicable Laws, and that a written agreement is in place. PG members must
not influence the operation of the funded patient associations. The independence of this
association must be fully kept.

16.5 Written agreements must be in place and clearly stipulate the nature and intended duration of
the relationship and every significant activity or on-going relationship with these organizations.

16.6 Patient support programs for patients using company products must be structured in such a way
that they are consistent with the requirements of this Code and applicable Laws. Patient support
programs must only be administered with the participation of HCP involved in the treatment of
appropriate patients and each program. PG companies must never contact patients directly and
have to fully respect confidentiality of patient data.

16.7 PG members can invite patients to have a talk in Company’s events, with written consent from
patients obtained in advance. The talk should be done for internal purpose only and should not
be used for promotional intention. Photo and recording of the talk should get the permission
from the patients in advance.

17. DONATIONS

17.1 Donations must entail a benefit for patients, examination and treatment establishments, or
social organizations and/or public interest. Donation can be given as, but not limited to,
financial support to health-care organizations to develop health policies, such as treatment
guidelines, treatment protocol, health-economic research. Nothing may be offered or provided
in a manner or on conditions that would lead to inappropriate advantages for PG members.

17.2 Donations are prohibited to be given directly to individuals.

17.3 No donations must be given in return for products purchased or product standardization,
prescriptions or the use of a company’s product(s) at examination and treatment establishments
or social organizations.

17.4 Donations must be in written agreement with examination and treatment establishments, public
hospital and non-profit organisation. It must be clearly stipulated that the donation recipients
have to (i) follow the procedures for the preparation, evaluation and approval of the foreign
non-governmental aid amount in compliance with applicable regulations; and must (ii) manage
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 and use the donation only for humanitarian objectives in accordance with its commitments in
the agreement and to not use the donation for any other purposes.

17.5 Donations must be transparent, documented and tracked. Donated items or services must have
clear and obvious benefits on patient care or for communities. Such items or services must be
appropriate and fit for the purpose specified and must not carry product or therapeutic area
branding. Donations should be defined clearly on the amount and frequency.

18. TRADE PROMOTION

18.1 This Code does not restrain or regulate commercial trade terms and/or trade promotion
activities in accordance with Vietnamese law for the supply of medicines. The PG
encourages healthy competition among companies.

18.2 Trade promotion must be in line with applicable Laws and must not be misused as a tool to
influence the prescription of drugs, e.g. switching of prescriptions.

19. ADMINISTRATION AND COMPLAINTS PROCEDURE OF THIS CODE

19.1 Ethical Committee (“EC”)

The EC comprises of five members:

 Two external (one Representative from EuroCham or AmCham and one Representative
from a reputable external law firm).

 Three from the PG (the PG chairman plus two other PG members).

Two PG members are appointed based on an annual majority vote by all PG members’
companies, where at least two thirds of PG members have to participate in the vote. The EC
elects its Chairman and Vice Chairman (Chairman from PG, Vice chairman externally). There
will be two back-up members for the EC who are also elected on an annual basis by all PG
members. Only PG members with voting rights can be elected to EC.

19.2 Review of the Code

This Code must be reviewed at least every three years. After three years, the EC must perform a
full review of this Code and propose amendments to the General Meeting of the PG. The
general meeting will then confirm the new revision of this Code.

At any time, the PG board, based on input from any PG member, or change in applicable Laws,
can decide to initiate a revision of this Code. The revision will subsequently be carried out by
the EC and proposed to the General Meeting of the PG for confirmation.

19.3 Complaints and Procedures

The procedures for filing formal complaints via the PG are as follows:

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  Complaint Submission - All complaints must be submitted in writing (in electronic or
hard copy form) directly to PG Secretary, who then informs the EC. Complaints can be
made by either PG members or by non-member sources, e.g., the health authorities, HCP,
professional organizations, patients or patient groups.

 Upon receipt of a complaint, PG Secretary informs the EC Chairman about the complaint
and the details of companies that are involved. The Chairman then calls for an EC
meeting to open and to validate the complaint.

 If a particular case involves a company of which a representative is a member of the EC,

then that particular EC member must be replaced by one of the back-up EC members for
the assessment of this case.

 The EC Chairman must send a written acknowledgement to the complainant within 5

working days to confirm that the complaint has been received.

Complaint Validation - Any complaints submitted must be validated by the EC to ensure that:

 It appears to be a genuine matter, submitted in good faith.

 There is sufficient evidence to enable the complaint to be processed.

 It is not a duplication of a case, which has already been resolved under the Code.

The minimum information required is:

 Form of complaint: If the complaint is from a company or an organization, it must be

printed on the company’s or organization’s letter head and signed off by its representative
(GM or CEO). For complaints from an individual, the full name, contact details and
telephone number of the individual must be provided.

 Alleged Company: The identity of company which is alleged to be in breach of the Code
and the name of any product(s) or marketing activities must be specified in the complaint.

 Reference material: A specific reference to the source of the advertisement, activity or

printed material which is the subject of the complaint as well as any other evidence must
be provided in the complaint.

 Date: The date of the alleged breach of the Code must be provided in the complaint.

 Summary: If possible for each case, a brief description of the complaint with a specific
reference to the part of the Code under which the complaint is being made (section and
paragraph).

 If at least three EC members agree to accept the claim based on aforementioned criteria,
then the claim will be processed as provided below.

 If the EC does not agree to accept the complaint, then the complaining party must be
informed accordingly within 15 working days after the PG receives the complaint.

Complaint Processing - The EC, after accepting the complaint, may request for additional
information or evidence from the complainant or the alleged company.
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  The EC Chairman must send a written acknowledgement to the PG member that is the
subject of the complaint (“Subject Company”) within 15 working days from receipt of
the complaint. This member company must submit to the EC a letter explaining its
position about the filed complaint or its corrective action plans within 15 working days of
receiving the notice from EC.

 Complaint Adjudication - The EC must review the case. If there is a need for additional
information or evidence, a request must be made to the complainant and the alleged
company. The EC must then adjudicate whether a breach of this Code has occurred based
on the compiled evidence. The EC can call upon external advisors if required for
assessment of the case.

 Complaint Handling Decision - The decision of the EC must then be informed to both the
complainant and the alleged company at the same time.

Appeal - Where the PG member or complainant disagrees with the decision of the EC, they
may request a second instance ruling of the PG within 20 working days after receipt of the
decision.

The appeal letter must be sent to the EC. Upon receipt of the appeal letter, the EC must forward
the files of the case to the PG Board. The PG Board then calls for a general meeting to review
the case. The final decision will be made by the general meeting of the PG.

 When a complaint is upheld and a breach of this Code is finally determined after all
appeal processes have been concluded, then the decision, including a summary of the key
facts and the name of the complainant and the name of breaching PG member, will
immediately be communicated to the country head of all PG members

 Once the final decision has been announced the alleged company shall have 60 calendar
days to implement required measures and to correct any confirmed breach.

 Intercompany complaints must not be used as a competitive tool.

 Complaints against companies that are not PG members, but whose parent companies are
members of the International Federation of Pharmaceutical Manufacturers’ Association
(“IFPMA”) will also be assessed and decided as mentioned above.

 When a case refers to a company which is neither a PG member nor an IFPMA member,
then the case cannot be processed. A note will be sent to the complainant accordingly.

EC and all PG members shall keep all information exchanged during the procedures
confidential

20. SANCTIONS

20.1 In case a company is found guilty of committing a breach to the Code (“Breaching
Company”), one or more of the following sanctions can be applied. The type of sanction(s)
will be decided by the EC based on the severity, circumstances and frequency of the breach.
Sanction(s) are communicated to the subject company following the procedure and timelines
mentioned under section 21.2 (Complaint process).

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20.2 Actions that may be taken by the EC as sanctions against the Breaching Company:

(i) Refer the complaint and the EC’s findings to the head office and the regional office of the
Breaching Company.

(ii) Request the Breaching Company to issue a written undertaking that the practice
complained of will be discontinued on or before a date to be determined by the EC.

(iii) Request the Breaching Company to issue retraction statements, including corrective
letters and advertising, subject to the approval of the EC prior to release. It is the Breaching
Company’s responsibility to ensure that the requirements of the EC are met and to
immediately inform and provide evidence to the PG of their fulfilment.

(iv) Suspend the Breaching Company’s membership for no more than 3 years.

21. COMPLIANCE PROCEDURES

21.1 It is the responsibility of PG members to ensure that all employees are familiar with and all
their actions are in accordance with the Code.

21.2 All internal compliance procedures and company guidelines must be in line with all provisions
of the Code and the spirit it embodies.

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