Can people with tuberculosis directly participate in food production or trading in Vietnam?

Can people with tuberculosis directly participate in food production or trading in Vietnam?

Pursuant to Clause 9, Article 5 of the 2010 Food Safety Law, the following prohibited acts are stipulated:

9. Employing persons infected with contagious diseases in food production or trading.

Pursuant to Point b, Clause 1, Article 3 of the 2007 Law on Prevention and Control of Infectious Diseases, supplemented by Article 1 of Decision 740/QD-BYT in 2016, infectious diseases are divided into the following classes:

b/ Class B, consisting of dangerous infectious diseases that can rapidly transmit and be fatal.

Class-B infectious diseases include adenovirus disease; HTV/AIDS; diphtheria; influenza; rabies; pertussis; pulmonary tuberculosis; human streptococcus suis; amebiasis; bacillary dysentery; mumps; dengue fever; dengue hemorrhagic fever; malaria; scarlet fever; measles; hand-foot-mouth disease; anthrax; chicken pox; typhoid; tetanus; German measles; viral hepatitis; Neisseria meningitis; viral meningitis; leptospirosis; Rota virus diarrhea; Zika virus;

According to this Article, tuberculosis is a group B infectious disease in Vietnam, so this person will not be able to directly participate in food production and trading. Your company employing this person to work is violating the law.

Can people with tuberculosis directly participate in food production or trading in Vietnam? (Image from the Internet)

What are penalties for illegally employing people with tuberculosis who directly participate in food production and trading in Vietnam?

Pursuant to Point a Clause 7, Point b Clause 8 Article 9 Decree 115/2018/ND-CP amended by Point g Clause 3 Article 1 Decree 124/2021/ND-CP stipulating violations against general food safety conditions in production, trading and storage of foods, food additives, food processing aids, food containers and primary packages as follows:

7. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for one of the following violations:

a) Hiring persons who are suffering from diseases such as cholera, dysentery, typhoid, hepatitis A or E, eczema, pulmonary tuberculosis or acute diarrhea to directly take part in the production and/or trading of foods, food additives, food processing aids, food containers and/or primary packages;

Pursuant to Clause 2, Article 3 of Decree 115/2018/ND-CP amended by Point b, Clause 2, Article 1 of Decree 124/2021/ND-CP stipulating maximum fine level, organizations are sanctioned for violations. administratively as follows:

2. The fines specified in Chapter II hereof shall be imposed on individuals, except the fines specified in Clauses 1 and 5 Article 4, Clause 6 Article 5, Clause 5 Article 6, Clause 6 Article 9, Clause 7 Article 11, Article 18, Article 19, Point a Clause 3 Article 20, Clause 1 Article 21, Clauses 1 and 9 Article 22, Article 24, and Clause 6 Article 26 hereof which shall be imposed on organizations. The fine imposed upon an organization is twice as much as the fine imposed upon an individual for committing the same violation.

The fine imposed upon an individual for committing the violation in Clause 1 or 5 Article 4, Clause 6 Article 5, Clause 5 Article 6, Clause 6 Article 9, Clause 7 Article 11, Article 18, Article 19, Point a Clause 3 Article 20, Clause 1 Article 21, Clause 1 or 9 Article 22, Article 24, or Clause 6 Article 26 hereof shall be reduced by half.

Thus, your company that uses a person with tuberculosis to directly produce and trade food will be fined from 30,000,000 VND to 40,000,000 VND and have part or all of its production activities suspended from 01 month to 03 months in Vietnam.

Best regards!