Not administering tests as per requests of medical agencies could be fined up to VND 3 million

On the basis of the provisions of the government's Decree No. 117/2020/ND-CP dated September 28, 2020 on stipulating penalties for administrative violations in the health sector, the act of failing to perform testing at the request of the government’s competent health authorities in the process of monitoring the Covid-19 epidemic may be fined from VND 1,000,000 to VND 3,000,000. In addition, Decree 117/2020/ND-CP also stipulates a number of violations that can be sanctioned as follows:

1. Failure to wear masks in public or getting out without necessary purposes:

Fines: from VND 1,000,000 to VND 3,000,000

2. Failure to comply with measures of limit crowds or postponement of business and service activities in public to prevent Covid-19 epidemic:

Fines: from VND 10 million to VND 20 million on individuals (from VND 20 million to VND 40 million on organizations)

* Criminal sanctions: as business and service owners and managers (like bars, karaoke, massage, beauty saloons, gymnastic facilities, cinema, theaters, etc.) keep on working against the postponement administered for Covid-19 prevention and control and such actions cause loss of VND 100 million and more in terms of epidemic prevention and control charges, the Article 295 of Criminal Code 2015.

3. The actions of refusal or avoidance of medical and/or enforced quarantine administration of the competent authority against Covid-19 infected patients:

Fines: from VND 15 to 20 million. Besides, remedies are required to remedy consequences of failing to follow the “enforced medical quarantine implementation”.

* Criminal sanctions: for causing Covid-19 infection to others, sanctions are under Article 2400 of Criminal Code 2015.

4. The actions of broadcasting misleading information about Covid-19 epidemic situation after the medically competent State agencies have announced the situation of epidemic and/or the elimination of the epidemic:

Fines: VND 10 to 15 million against individuals (VND 20 to 30 million against organizations). Besides, remedies are required including the remedies of misleading information on the mass media within 3 days as per legal regulations.

5. The actions of covering or failing to declare timely the personal Covid-19 infection status or others’:

Fines: VND 10 to 20 million.

* Criminal sanctions: against actions causing Covid-19 infection on others as per Article 240 of Criminal Code 2015.

Department of Justice – Translated by Vi Bao

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