How much is the fine imposed for falsely increasing the quantity of drugs that are actually not used by patients in Vietnam?
- What are the responsibilities of medical practitioners in medical care provision in Vietnam?
- How much is the fine imposed for falsely increasing the quantity of drugs that are actually not used by patients in Vietnam?
- Shall the Chairpersons of district-level People’s Committees have the power to impose a fine for falsely increasing the quantity of drugs that are actually not used by patients in Vietnam?
What are the responsibilities of medical practitioners in medical care provision in Vietnam?
Pursuant to Clause 2, Article 62 of the Law on Medical Examination and Treatment 2023:
Medical examination, prescription for treatment methods (or therapies) and medications
1. Medical examination, prescription for treatment methods (or therapies) and medications shall follow regulations on professional and technical expertise in healthcare issued or endorsed by the Minister of Health.
2. Medical practitioners assigned the duties to provide medical care shall assume the following responsibilities:
a) Carry out the medical examination, prescription for treatment methods (or therapies) and medications in a timely, accurate and accountable manner;
b) Based on a patient's medical condition, the medical practitioner can prescribe him/her outpatient, day or inpatient treatment. If the medical establishment does not have any bed available for that patient needing the inpatient treatment, they must refer him/her to another appropriate medical establishment.
Thus, the responsibilities of medical practitioners in medical care provision are as follows:
- Medical examination, prescription for treatment methods (or therapies) and medications shall follow regulations on professional and technical expertise in healthcare issued or endorsed by the Minister of Health;
- Carry out the medical examination, prescription for treatment methods (or therapies) and medications in a timely, accurate and accountable manner;
- Based on a patient's medical condition, the medical practitioner can prescribe him/her outpatient, day or inpatient treatment.
Note: If the medical establishment does not have any bed available for that patient needing the inpatient treatment, they must refer him/her to another appropriate medical establishment.
What are the responsibilities of medical practitioners in medical care provision in Vietnam? (Image from the Internet)
How much is the fine imposed for falsely increasing the quantity of drugs that are actually not used by patients in Vietnam?
Pursuant to Clause 2, Article 86 of Decree 117/2020/ND-CP:
Violations against regulations on management of drugs, chemicals, medical supplies, technical services, costs of hospital bed days and other costs
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2. The following fines shall be imposed for falsely increasing the quantity or types of drugs, chemicals, medical supplies, technical services, hospital bed days and other costs that are actually not used by patients:
a) A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed if the damage caused by the violation is assessed at from VND 1.000.000 to less than VND 3.000.000;
b) A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed if the damage caused by the violation is assessed at from VND 3.000.000 to less than VND 5.000.000;
c) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the damage caused by the violation is assessed at from VND 5.000.000 to less than VND 10.000.000;
d) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed if the damage caused by the violation is assessed at from VND 10.000.000 to less than VND 20.000.000;
dd) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed if the damage caused by the violation is assessed at from VND 20.000.000 to less than VND 30.000.000;
e) A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed if the damage caused by the violation is assessed at from VND 30.000.000 to less than VND 40.000.000;
g) A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed if the damage caused by the violation is assessed at from VND 40.000.000 to less than VND 50.000.000;
h) A fine ranging from VND 50.000.000 to VND 60.000.000 shall be imposed if the damage caused by the violation is assessed at from VND 50.000.000 to less than VND 60.000.000;
i) A fine ranging from VND 60.000.000 to VND 70.000.000 shall be imposed if the damage caused by the violation is assessed at VND 60.000.000 or more.
Pursuant to Clause 5, Article 4 of Decree 117/2020/ND-CP:
Fines
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5. The fines prescribed in Chapter II hereof are imposed on violating individuals. The fine imposed on an organization is twice as much as that imposed on an individual for the same administrative violation.
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Thus, depending on the level and nature of the violation, a fine ranging from VND 1.000.000 to VND 70.000.000 shall be imposed for falsely increasing the quantity of drugs that are actually not used by patients.
Note: The fine imposed on an organization is twice as much as that imposed on an individual for the same administrative violation. Thus, a fine ranging from VND 2.000.000 to VND 140.000.000 shall be imposed upon an organization for falsely increasing the quantity of drugs that are actually not used by patients
Shall the Chairpersons of district-level People’s Committees have the power to impose a fine for falsely increasing the quantity of drugs that are actually not used by patients in Vietnam?
Pursuant to Clause 3, Article 103 of Decree 117/2020/ND-CP amended and supplemented by Clause 7, Article 147 of Decree 96/2023/ND-CP:
Power to impose penalties of Chairpersons of People’s Committees
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3. Chairpersons of provincial-level People’s Committees shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 30.000.000 for the administrative violations against regulations on population, up to VND 50.000.000 for the administrative violations against regulations on preventive medicine, HIV/AIDS prevention and control, up to VND 75.000.000 for the administrative violations against regulations on health insurance, or up to VND 100.000.000 for the administrative violations against regulations on medical examination and treatment, pharmacy, cosmetics and medical devices;
c) Suspend licenses/practicing certificates or operations for a fixed period;
d) Confiscate the exhibits and instrumentalities used for committing administrative violations;
dd) Enforce the remedial measures mentioned in Points c, d, dd, e, g, h and i Clause 1 Article 28 of the Law on penalties for administrative violations and in Clause 3 Article 3 hereof.
Thus, Chairpersons of provincial-level People’s Committees shall have the power to impose a fine up to VND 30.000.000 for the administrative violations against regulations on population, up to VND 50.000.000 for the administrative violations against regulations on preventive medicine, HIV/AIDS prevention and control, up to VND 75.000.000 for the administrative violations against regulations on health insurance, or up to VND 100.000.000 for the administrative violations against regulations on medical examination and treatment, pharmacy, cosmetics and medical devices.
In addition, pursuant to Clause 6, Article 4 of Decree 117/2020/ND-CP amended and supplemented by Clause 7, Article 147 of Decree 96/2023/ND-CP: "Fines imposed by the competent officials prescribed in Chapter VIII hereof are incurred by violating individuals; a competent official who has the power to impose fines shall have the right to impose a fine twice as much as that imposed upon an individual upon a violating organization for the same administrative violation."
Therefore, Chairpersons of provincial-level People’s Committees shall have the power to impose a fine ranging from VND 1.000.000 to VND 70.000.000 upon an individual or a fine ranging from VND 2.000.000 to VND 140.000.000 shall be imposed upon an organization for falsely increasing the quantity of drugs that are actually not used by patients.
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