How much is fine for attacking medical staffs in Vietnam? Is attacking medical staffs liable for criminal prosecution in Vietnam?

How much is fine for attacking medical staffs in Vietnam?

In Article 48 of Decree 117/2020/ND-CP on violations against principles of medical examination and treatment practicing:

1. A warning or a fine ranging from VND 200.000 to VND 500.000 shall be imposed for commission of one of the following violations:

a) Failing to respect or cooperate with practitioners during the medical examination and treatment;

b) Failing to respect patient’s rights as prescribed by law;

c) Failing to comply with the practitioner’s indications for diagnosis and treatment, except prescribed cases of refusal to receive treatment.

2. A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed for commission of one of the following violations:

a) Failing to provide truthful information on personal health condition or failing to cooperate with practitioners and health facility;

b) Failing to comply with the health facility’s internal regulations;

c) Failing to provide prioritized medical examination and treatment for emergency patients, children aged under 06, persons with severe disabilities, persons aged 80 or older, persons with meritorious services to the revolution and pregnant women.

3. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for commission of one of the following violations:

a) Harming honor or dignity of practitioners during medical examination and treatment;

b) Failing to strictly comply with code of conduct for health practitioners as prescribed by law;

c) Discriminating unfairly against patients.

4. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for commission of one of the following violations:

a) Failing to pay costs of medical services, except cases of exemption and reduction prescribed by law;

b) Failing to establish a specialized council to evaluate whether the unintended complication is resulted from a medical error in case of settlement of a medical dispute.

5. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for failing to strictly comply with technical and professional regulations in medical examination and treatment, except the violation prescribed in another part of this Section.

6. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for bodily harming or threatening the life of practitioners while they are providing medical examination and treatment.

7. Additional penalties:

a) The medical examination and treatment practicing certificate shall be suspended for a fixed period of 01 - 03 months in case of commission of the violation in Clause 5 of this Article;

b) A part of operations (ward, department, center, unit or division committing the violation) or the license for medical operations of the violating entity (if the violation influences on all of its operations) shall be suspended for a fixed period of 01 - 03 months in case of commission of the violation in Clause 5 of this Article.

8. Remedial measures:

a) The entity committing the violation in Point a Clause 1, Point a Clause 3 or Clause 6 of this Article is compelled to make direct apologies to practitioners;

b) The entity committing the violation in Point b Clause 1 or Point c Clause 3 of this Article is compelled to make direct apologies to patients.

Thus, when there is an act that harms the health and threatens the life of a practitioner while performing medical examination and treatment, the individual who causes this act may be subject to a fine of between 30,000,000 and 40,000,000 dong. In addition, it is also necessary to apologize directly to the practitioner in Vietnam.

Is attacking medical staffs liable for criminal prosecution in Vietnam? 

Pursuant to Article 134 of the 2015 Penal Code as amended by Clause 22, Article 1 of the 2017 Penal Code Amendment Law on deliberate infliction of bodily harm upon another person, as follows:

1. A person who deliberately inflicts bodily harm upon another person and causes 11% - 30% whole person impairment (WPI) or under 11% WPI in any of the following circumstances shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) Explosive, a dangerous weapon, a dangerous method is used to harm numerous people;

b) Acid or a hazardous chemical is used;

c) The victim is a person aged under 16, a women whose pregnancy is known by the offender, an old and weak, sick, or defenseless person;

d) The victim is the offender's grandparent, parent, caregiver, teacher or physician;

dd) The offence is committed by an organized group;

e) The offender misuses his/her position or power to commit the offence;

g) The offender commits the crime while being kept in temporary detention, serving an imprisonment sentence, receiving compulsory education in a reform school, correctional institution or rehabilitation center;

h) The offence hires another person or is hired by another person to inflict bodily harm to another person;

i) The offence is of a gangster-like nature;

k) The offence is committed against a law enforcement officer in performance of his/her official duties or because of his/her official duties.

2. This offence committed in any of the following circumstances carries a penalty of 02 - 06 years' imprisonment:

a) The offence causes 31% - 60% WPI for another person;

b) The offence results in bodily harm to more than one person, each of whom suffers from 11% - 30% WPI;

c) The offence has been committed more than once;

d) Dangerous recidivism;

dd) The offence results in bodily harm to another person who suffers from 11% - 30% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article.

3. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:

a) The offence results in ≥ 61% WPI of the victim, except in the circumstances specified in Point b Clause 4 of this Article;

b) The offence results in bodily harm to more than one person, each of whom suffers from 31% - 60% WPI;

c) The offence results in bodily harm to another person who suffers from 31% - 60% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article;

d) The offence results in bodily harm to more than one person, each of whom suffers from 11% - 30% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article.

4. This offence committed in any of the following circumstances carries a penalty of 07 - 14 years' imprisonment:

a) The offence results in the death of a person;

b) The offence results in deformation of the victim’s face and the physical disability inflected is ≥ 61%;

c) The offence results in bodily harm to more than one person, each of whom suffers from ≥ 61% WPI;

d) The offence results in bodily harm to another person who suffers from ≥ 61% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article;

dd) The offence results in bodily harm to more than one person, each of whom suffers from 31% - 60% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article.

5. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment or life imprisonment:

a) The offence results in the death of more than one person;

b) The offence results in bodily harm to more than one person, each of whom suffers from ≥ 61% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article.

6. Any person who prepares a weapon, explosive, acid, dangerous chemical; establishes or joins a group of criminals to inflicts bodily harm upon another person and shall face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment.

Thus, depending on the severity of the violation and the level of injury of the medical staff, the person who assaults the doctor may be sentenced up to 03 years' community sentence or a imprisonment term of between 6 months and 20 years or life imprisonment in Vietnam.

Best Regards!