What are the penalty for home-based F0 individuals when intentionally going out in Vietnam?
What cases are F0 isolated at home?
According to the instructions in Section 1, Appendix 1 attached with Official Dispatch 8728/SYT-NVY dated November 23, 2021, the following F0 cases are allowed to be isolated at home, specifically:
"1. Subjects managed at home
a) The person with COVID-19 (F0) is the person who has the RT-PCR test or SARS-CoV-2 rapid antigen test results is positive, eligible for home isolation
b) Conditions for home isolation:
- Have 02 clinical criteria:
(1) Have no symptoms or mild clinical symptoms (no respiratory failure: SpO2 ≥ 96% when breathing air, respiratory rate ≤ 20 breaths/min)
(2) Age from 1 to 50 years old, have no underlying disease , no pregnant, no obese. For the cases that do not meet this condition, they can still consider home isolation if they have stable underlying diseases, ensuring to get 2 shots or 14 days after administering the first COVID-19 vaccine
- Self-care ability: F0 individuals can take care of themselves (such as eating, bathing, washing clothes, cleaning...); know how to measure body heat; have ability to self-medicate according to doctor's prescription; have ability to communicate with medical staff to be monitored, monitored and when there is an emergency. In case F0 is a child or a person who cannot take care of themselves, a caregiver is required.
- Have no people in the family at risk (elderly, have underlying diseases, obese, pregnant...."
What are the administrative fines for home-based F0 individuals when intentionally going out in Vietnam?
According to the provisions of Article 11 of Decree 117/2020/ND-CP, the administrative fines for home-based F0 individuals when intentionally going out is as follows:
Article 11. Violations against regulations on medical isolation and coercive medical isolation
1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for commission of one of the following violations:
a) Failing to organize or force medical isolation in case of compulsory medical isolation prescribed by law, except the case prescribed in Point a Clause 2 of this Article;
b) Refusing or evading medical isolation or coercive medical isolation measures implemented by competent authorities, except case prescribed in Point b Clause 2 of this Article;
c) Failing to compile the list and monitor health of persons in close contact with persons who are managed under isolation or coercive isolation as prescribed by law.
"2. A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for commission of one of the following violations:
a) Failing to organize medical isolation of persons infected with group A infectious diseases;
b) Refusing or evading the implementation of a competent authority’s decision on medical isolation or coercive medical isolation of persons infected with group A infectious diseases, border health quarantine subjects infected with group A infectious diseases or at the request of a competent authority;
c) Organizing medical isolation or coercive medical isolation at an unqualified location.
3. Remedial measure:
Enforced organization of medical isolation or coercive medical isolation if one of the violations in Points a, b Clause 1 and Points a, b Clause 2 of this Article is committed."
Thus, for home-based F0 individuals, If they intentionally go out, they will be fined from VND 15,000,000 to VND 20,000,000 because Covid-19 has been added to the list of group A infectious diseases. In addition,violations against regulations on medical isolation are forced to perform medical isolation and medical isolation coercion.
Can home-based F0 individuals be criminally imposed if they intentionally go out?
According to the instructions in subsection 1.1, section 1 of Official Dispatch 45/TANDTC-PC dated March 30, 2020 as follows:
"1. Determination of offenses according to the Criminal Code
1.1. When a person who has been informed that he/she is a confirmed case of Covid-19 infection (hereinafter referred to as “confirmed case”, is suspected of Covid-19 infection (hereinafter referred to as “suspected case”) or returns from an affected area and is requested to quarantine commits one of the following actions and subsequently transmits Covid-19 to another person, he/she will face a charge of “spreading dangerous infectious diseases in human” according to Point c Clause 1 Article 240:
a) Breaking out of the quarantine area;
b) Failure to comply with quarantine regulations;
c) Refusing or avoiding quarantine or enforcement of quarantine;
d) Failure to make or truthfully make health declaration."
Thus, according to the law, for home-based F0 individuals, If they intentionally go out that causes the spread of Covid-19 to others, the act may constitute a criminal under the provisions of this Law. According to Point c, Clause 1, Article 240 of the 2015 Penal Code and shall be sanctioned as follows:
"Article 240. Spreading dangerous infectious diseases in human
1. A person who commits any of the following acts that spread dangerous infectious diseases in human shall be liable to a fine of from VND 50,000,000 to VND 200,000,000 or face a penalty of 01 - 05 years' imprisonment:
…
c) Other acts that spread dangerous infections in humans"
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