Vietnam: What are the penalties of the negligence that results in serious consequences in Vietnam?
- On May 12, 2022, the former Deputy Minister of Health appeared in court with 6 defense lawyers?
- What are the penalties of the negligence that results in serious consequences in Vietnam?
- What are the penalties of the abuse of power or position in performance of official duties in Vietnam?
- What are the penalties of manufacturing and trading of counterfeit goods in Vietnam?
On May 12, 2022, the former Deputy Minister of Health appeared in court with 6 defense lawyers?
In this case, the former Deputy Minister of Health did not fulfill his responsibility in supervising, inspecting and controlling the activities of experts and the standing department for drug registration; approved the issuance of the drug registration number while the dossier are not eligible for issuance resulted in 6 out of 7 fake Health 2000 medicines worth more than 148 billion VND being imported and consumed.
Besides, although there is a lot of information about Health drugs without origin, the former Deputy Minister of Health still did not direct for recalling and disposing, leading to the fact that medical facilities continued to use these drugs to treat the patient.
Facing the dangerous nature of this matter, on May 12, 2022, the Hanoi People's Court opened the trial of the former Deputy Minister of Health and 13 other defendants involved in the case "the trading of counterfeit medicines labeled as Health 2000 Canada; the lack of responsibilities causing serious consequences; and the abuse of positions and power while on duty”
What are the penalties of the negligence that results in serious consequences in Vietnam?
Pursuant to Article 360 of the 2015 Penal Code as amended by Clause 128, Article 1 of the 2017 Penal Code as follows:
Article 360. Negligence that results in serious consequences
1. Any person who negligently fails to perform or correctly perform his/her in any of the following circumstances, except in the circumstances specified in Article 179, Article 308 and Article 376 hereof, shall face a penalty of up to 03 years' community sentence or 06 - 60 months' imprisonment:
a) The offence results in the death of a person;
b) The offence causes ≥ 61% WPI for another person;
c) The offence causes a total WPI of 61% - 121% for more than one person.
d) The property damage caused by the offence is assessed at from VND 100,000,000 to under VND 500,000,000.
2. This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:
a) The offence results in the death of 02 people;
b) The offence causes a total WPI of 122% - 200% for more than one person;
c) The property damage caused by the offence is assessed at from VND 500,000,000 to under VND 1,500,000,000.
3. This offence committed in any of the following circumstances carries a penalty of 07 - 12 years' imprisonment:
a) The offence results in the death of ≥ 03 people;
b) The offence causes a total WPI of ≥ 201% for ≥ 03 people;
c) The property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
4. The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years.
Thus, irresponsible offenders causing any serious consequences can face a penalty of 03 - 07 years' imprisonment. Besides, the offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years
What are the penalties of the abuse of power or position in performance of official duties in Vietnam?
Pursuant to Article 356 of the 2015 Penal Code and point s, Clause 1, Article 2 of the Penal Code 2017 as follows:
Article 356. Abuse of power or position in performance of official duties
1. Any person who, for personal gain or other self-seeking purposes, abuses his/her power or position in performance of official duties to act against his/her official duties and as a result causes property damage assessed at from VND 10,000,000 to under VND 200,000,000 or otherwise infringes upon state interests, lawful rights and interests of another organization or individual shall face a penalty of up to 03 years' community sentence or 01 - 05 years' imprisonment.
2. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:
a) The offence is committed by an organized group;
b) The offence has been committed more than once;
c) The property damage caused by the offence is assessed at from VND 200,000,000 to under VND 1,000,000,000.
3. If The property damage caused by the offence is assessed at ≥ VND 1,000,000,000, the offender shall face a penalty of 10 - 15 years' imprisonment.
4. The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years, liable to a fine of from VND 10,000,000 to VND 100,000,000.
Thus, offenders who abuse their positions and powers while on duty will face a prison term of between 10 and 15 years if they cause property damage of 1,000,000,000 VND or more. In addition, the offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years, liable to a fine of from VND 10,000,000 to VND 100,000,000.
What are the penalties of manufacturing and trading of counterfeit goods in Vietnam?
Pursuant to Article 192 of the 2015 Penal Code as amended by Point a, Clause 42, Article 1 of the Penal Code 2017 as follows:
Article 192. Manufacturing and trading of counterfeit goods
1. Any person who manufactures or deals in counterfeit goods in the following circumstances, except in the circumstances specified in Article 193, 194 and 195 hereof, shall be liable to a fine of from VND 100,000,000 to VND 1,000,000,000 or face a penalty of 01 - 05 years' imprisonment:
a) The value of counterfeit goods, according to the value of genuine goods with the same quantity, specifications or features, is assessed at from VND 30,000,000 to under VND 150,000,000 or under VND 30,000,000 but the offender has incurred an administrative penalty for any of the offences specified in this Article and Article 188, 189, 190, 191, 193, 194, 195, 196 and 200 hereof or has an unspent conviction for any of the aforementioned offences;
b) The offence causes 31% - 60% WPI for another person;
c) The illegal profit reaped is from VND 50,000,000 to under VND 100,000,000;
d) The property damage caused by the offence is assessed at from VND 100,000,000 to under VND 500,000,000.
2. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:
a) The offence is committed by an organized group;
b) The offence is committed in a professional manner;
c) The offence involves the abuse of the offender's position or power;
d) The offence is committed in the name of an agency or organization;
dd) The value of counterfeit goods, according to the value of genuine goods with the same quantity, specifications or features, is assessed at from VND 150,000,000 to under VND 500,000,000;
e) The illegal profit earned is from VND 100,000,000 to under VND 500,000,000;
g) The offence results in the death of a person;
h) The offence causes ≥ 61% WPI for another person;
i) The offence causes a total WPI of 61% - 121% for more than one person;
k) The property damage caused by the offence is assessed at from VND 500,000,000 to under VND 1,500,000,000;
l) Goods are traded across the border;
m) Dangerous recidivism.
3. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:
a) The value of counterfeit goods, according to the value of genuine goods with the same quantity, specifications or features, is assessed at ≥ VND 500,000,000;
b) The illegal profit earned is ≥ VND 500,000,000;
c) The offence results in the death of ≥ 02 people;
d) The offence causes a total WPI of ≥ 122% for more than one person;
dd) The offence results in property damage assessed at ≥ VND 1,500,000,000.
4. The offender might also be liable to a fine of from VND 20,000,000 to VND 50,000,000 , be prohibited from holding certain positions or doing certain works for 01 - 05 years or have all or part of his/her property confiscated.
5. Punishments incurred by a corporate legal entity that commits any of the offences specified in this Article:
a) a) A corporate legal entity that commits this offence in any of the circumstances specified in Clause 1 of this Article shall be liable to a fine of from VND 1,000,000,000 to VND 3,000,000,000;
b) A corporate legal entity that commits this offence in any of the circumstances specified in Points a, b, dd, e, g, h, i, k, l, m Clause 2 of this Article shall be liable to fine of from VND 3,000,000,000 to VND 6,000,000,000;;
c) A corporate legal entity that commits this offence in the circumstances specified in Clause 3 of this Article shall be liable to a fine of from VND 6,000,000,000 to VND 9,000,000,000 or has its operation suspended for 06 - 36 months;
d) A corporate legal entity that commits this offence in the circumstances specified in Article 79 hereof shall be permanently shut down;
dd) The violating corporate legal entity might also be liable to a fine of from VND 50,000,000 to VND 200,000,000 , be banned from operating in certain fields or raising capital for 01 - 03 years.
Thus, persons who commit in manufacturing and trading of counterfeit goods shall be sanctioned according to the above provisions depending on the severity and nature.
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