Fake cancer drug smuggling case: 'Suspected cover-up'

National Assembly delegate Pham Khanh Phong Lan, former Deputy Director of the Ho Chi Minh City Department of Health, affirmed that the Drug Administration Department cannot be innocent in the case of smuggling fake cancer treatment drugs by VN Pharma Joint Stock Company.

Responding to the press, National Assembly delegate Pham Khanh Phong Lan said that the 12-year prison sentence for Chairman of the Board of Directors and General Director of VN Pharma Joint Stock Company Nguyen Minh Hung was too light, a wrongful conviction, and would set a very unfavorable precedent for future cases of selling fake drugs.

Avoid setting a bad precedent

According to Ms. Pham Khanh Phong Lan, the defendants of VN Pharma Joint Stock Company, including Mr. Nguyen Minh Hung, violated the Penal Code by trading in counterfeit drugs, not smuggling. The highest penalty for trading in counterfeit drugs is the death penalty and the defendants must be severely punished to deter this inhumane behavior from recurring. She also said that the responsibility of the Ministry of Health as well as the Drug Administration Department is very large, and cannot be said to be not responsible or only partially responsible for the violations of VN Pharma Joint Stock Company.

Delegate Pham Khanh Phong Lan during a questioning session before the National Assembly.

As the former deputy director of the Ho Chi Minh City Department of Health in charge of pharmaceuticals, Ms. Pham Khanh Phong Lan has heard many businesses "complain" that it is not easy to get a drug registration number. Many businesses have submitted complete documents but still take a long time to get it, and are even blocked when the authorities are suspicious. Therefore, the fact that VN Pharma Joint Stock Company was granted a license to import the above fake cancer drug batch in such a short time makes the public have the right to question the transparency of the Ministry of Health's authorities.

"It is absurd to say that when licensing, we did not know that this drug was fake. The foreign company supplying the drug is a ghost company like that. Just go online and search for the name of the drug H-Capita to see if there is any company distributing it. How could it be so easy to bypass the Drug Administration like that? I suspect there is a cover-up here. What is even more worrying is that 7 other products imported by VN Pharma have already been sold out," said Ms. Lan.

Previously, Ms. Pham Khanh Phong Lan and another National Assembly member questioned the Ministry of Health about this incident at the National Assembly session, but the Ministry of Health at that time replied that "there was nothing" and also did not take measures to handle the related officials. After that, a number of leaders and officials of the Drug Administration Department were still promoted. "Even the leaders of the Drug Administration Department responsible during this period were promoted, I do not understand and want to clarify whether there was a cover-up or not? I agree with the court's request to clarify the behavior of individuals who are officials of the Drug Administration Department" - Ms. Pham Khanh Phong Lan said.

Need further investigation

According to Mr. Vu Phi Long, former Deputy Chief Justice of the Criminal Court of Ho Chi Minh City, the import and export of medicines must follow a procedure. If the procedure is not followed correctly, depending on the fault, the offender may be charged with "Lack of responsibility causing serious consequences" or "Intentionally violating state economic management" or with an act of almost neglecting and assisting criminals.

In this case, it is necessary to clarify the necessary signs to distinguish between criminal responsibility or administrative responsibility or other responsibilities. If after investigation and verification there is sufficient basis to constitute one of the above crimes, the relevant persons can be prosecuted.

Regarding the official dispatch by the Drug Administration Department agreeing to allow VN Pharma Joint Stock Company to import drugs through Austin Company (Hong Kong), but the company's operating license in Vietnam has expired for nearly 2 months, Mr. Long said that allowing the import even though it has expired is a procedural error.

"This is completely wrong compared to the agreements in the contract, the binding conditions within the scope of the contract. It is wrong in terms of administrative procedures and also wrong in terms of the economic contract content. In this case, it clearly shows intentional violations in economic management" - Mr. Long analyzed.

If it is proven that the drug is counterfeit, it must be prosecuted for "Producing and trading in counterfeit food, foodstuffs, medicines, and disease prevention medicines" according to Article 157 of the Penal Code with a very severe penalty of up to death. In this crime, it is not necessary to cause consequences, but only to know that the drug is counterfeit. The counterfeit here can be the brand name, expiry date, etc. However, it is necessary to have a basis to prove that the goods are counterfeit and do not meet quality standards.

"The Ho Chi Minh City People's Court has declared a suitable punishment and crime and made recommendations in a strict spirit. But I am still concerned that public opinion and the media still have the view that if it is a fake product, it needs to be investigated, the crime determined and the trial more severely" - Mr. Long said.

According to Mr. Long, if there is sufficient evidence to determine that the defendants knew that the goods had changed in design or quality, then they should be prosecuted for counterfeiting Western medicine, not for smuggling. At this time, the crime stipulated in Article 157 of the Penal Code will be prosecuted./.

According to Laborer