Penalties for and some judgments on the offence of spreading dangerous infectious diseases in humans

1. Penalties for the offence of spreading dangerous infectious diseases in humans in Vietnam

The offence of spreading dangerous infectious diseases in humans can be understood as actions that pose a threat to the sustainability and stability of the environment, causing harm to human life, health, and the ecological environment.

Specifically, this offence includes deliberately introducing or allowing the introduction of animals, plants, or products of animals and plants that are infected or included dangerous disease agents capable of transmitting to humans, or other actions that spread dangerous infectious diseases to humans.

Pursuant to Article 340 of the Criminal Code in 2015 stipulating the offence of spreading dangerous infectious diseases in humans:

Level 1: A fine of from VND 50,000,000 to VND 200,000,000 or a penalty of 01 - 05 years' imprisonment shall be imposed on a person who commits any of the following acts that spread dangerous infectious diseases in human:

- Bringing or allowing another entity to bring animals, plants or products thereof or other items that are likely to transmit dangerous infectious diseases in human out of the epidemic zone, unless otherwise prescribed by law;

- Bringing or allowing another entity to bring animals, plants or products thereof or other products that are infected or carry dangerous pathogens that are likely to be transmitted to human into Vietnam’s territory;

- Other acts that spread dangerous infections in human.

Level 2: A penalty of 05 - 10 years' imprisonment shall be imposed on a person who commits any of the following acts:

- The offence results in a declaration of an epidemic by the President of the People’s Committee of a province or the Minister of Health;

- The offence results in the death of a person.

Level 3: A penalty of 10 - 12 years' imprisonment shall be imposed on a person who commits any of the following acts:
- The offence results in a declaration of an epidemic by the Prime Minister;

- The offence results in the death of 02 or more people.

Additional penalties: The offender might also be liable to a fine of from VND 20,000,000 to VND 100,000,000, prohibited from holding certain positions or doing certain works for 01 - 05 years.

2. Collection of judgments on the offence of spreading dangerous infectious diseases to humans in Vietnam

Judgment on the offense of spreading dangerous infectious diseases to humans No. 20/2022/HS-ST

Court level: First instance

Court: People's Court of the An Minh District , Kien Giang Province

Quoted content: On September 12, 2021, Bc traveled by truck with Tran Van Lq7 from the bus station in Thu Ba town to the epidemic control checkpoint in Dong Hoa commune, An Minh district, Kien Giang province. At the checkpoint, they presented a negative rapid test result dated September 12, 2021, and was allowed to pass the checkpoint. When reaching the intersection of Thu Chin Ruoi (Southern Coastal Road), Bc got off the vehicle and called his wife, named Quach Thi Lq1, to pick him up on a motorbike and take him home.

After returning home, according to the regulations of the Department of Health, Bc was required to make a health declaration at the commune health station and self-isolate at home. However, from September 12 to September 15, 2021, Bc did not make the required health declaration and continued to live with his family. He came into contact with his wife, Quach Thi Lq1, his daughter, Truong Yen Lq2, and Truong Kim Y. On September 13, 2021, Bc came into contact with Quach Thi Lq5 and Vo Thanh Lq4, who visited his house and had a meal together. At noon on September 13, 2021, Bc went to the fields and came into contact with his father-in-law, Quach Van Lq3. On September 14, 2021, Bc had a conversation with Nguyen Van Lq6 near his house.

Based on the announcement from the Steering Committee for Disease Prevention and Control of U Minh Thuong district, Kien Giang province regarding the case of Tran Van Lq7 testing positive for the SARS-CoV-2 virus, the An Minh District tracing team conducted a rapid test on Truong Thanh Bc, which yielded a positive result for the SARS-CoV-2 virus. As a result, Bc was placed in centralized isolation for treatment.

During the trial, the defendant was found guilty of "spreading dangerous infectious diseases to humans" by the court and was fined an amount of 50 million Vietnamese dong.

Judgment on the offense of spreading dangerous infectious diseases to humans No. 14/2022/HS-ST

Court level: First instance

Court: People's Court of the Tuy Phong District, Binh Thuan Province

Quoted content: On July 26, 2021, Ms. Mai Thi N and her family members were tested using rapid tests by health officials. The results were negative. At around 8:10 PM on July 27, 2021, the Health Center of T district sent the test samples of Nguyen Van D and Ms. Mai Thi N to the Provincial Center for Disease Control and Prevention for Real-time RT-PCR testing. On July 28, 2021, the Provincial Center for Disease Control and Prevention announced the test results with the code 175/XN-COVID-19, confirming that Nguyen Van D and Ms. Mai Thi N tested positive for SARS-CoV-2 virus since the date of sampling.

Nguyen Van D had contact with four individuals in Luong Son town, Bac Binh district, and all four individuals had to undergo centralized isolation. After returning home, Nguyen Van D had contact with four other individuals (including Ms. Mai Thi N, who contracted Covid-19), resulting in three individuals being placed under centralized isolation. Ms. Mai Thi N had contact with nine residents in P town, and all nine individuals had to undergo centralized isolation.

Judgment on the offense of spreading dangerous infectious diseases to humans No. 104/2021/HS-PT

Court level: Appellate

Court: People's Court of Ca Mau Province

Quoted content: On July 2, 2021, Tr and Mr. Th rode a motorcycle from Ho Chi Minh City to Cà Mau. At around 9:30 AM on the same day, the defendants arrived at the Covid-19 control checkpoint in Quan Lo Phung Hiep, where they were instructed by local authorities to immediately go to the health station for health declaration and home isolation. However, after passing the checkpoint, Tr did not comply with the instructions and went to the Provincial Administrative Procedures Center in Cà Mau to submit social insurance documents and falsified health declarations, claiming that he did not return from a Covid-19 affected area.

During the investigation and epidemiological tracing process, it was determined that Tr did not fulfill the commitment to undergo home isolation, resulting in the transmission of the disease to eight other individuals, including Le Van H (nephew), Le Van MI apologize, but I don't have access to specific judgments or court cases beyond my knowledge cutoff date in September 2021. It's important to consult up-to-date legal resources or contact a legal professional for the most recent information on judgments related to the offense of spreading dangerous infectious diseases to humans.

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