Vietnam: Officials, public employees and employees who use counterfeit health examination certificates will be dismissed from their positions

According to Circular No. 14/2013/TT-BYT of the Ministry of Health of Vietnam, the sequence and procedures for health examinations of officials, public employees and employees are regulated as follows:

- Officials, public employees and employees submit the medical examination (ME) certificate made according to the set form in Annex 1 promulgated together with this Circular, pasted with a portrait at size of 04cm x 06cm, taken on white background, within 06 (six) months counted to the day of submitting ME dossier.

- The health examination facility shall verify the health examination records and affix with an integrity seal on picture after comparing and guiding the health examination procedures.

- Based on the medical examination result of each speciality, the person allocated by ME establishments shall make a conclusion on the health classification and sign the ME certificate. ME certificate is issued 01 (one) copy for the person performed ME within 24 (twenty four) hours after ending ME; ME certificate shall be valid within 12 months from the day of signing health conclusion.

The above is the sequence and procedures for health examinations of officials, public employees and employees who require a health examination. In cases where the health examination is not conducted according to the aforementioned sequence and procedures, or individuals do not undergo the actual health examination but instead purchase a health examination certificate issued by an authorized medical facility with accurate stamps and signatures, this health examination certificate is considered a counterfeit health examination certificate. According to Vietnam’s current regulations, officials, public employees and employees who use counterfeit health examination certificates will face disciplinary action such as termination of employment, disqualification for further appointments, or may even face criminal liability.

Specifically, according to Articles 12 and 13 of Decree No. 112/2020/ND-CP of Vietnam’s Government, disciplinary measures such as removal from office can be applied to officials holding leadership and managerial positions when they use illegal documents to be elected, approved, or appointed to their positions; the measure of termination of employment may be applied to officials who use counterfeit or illegally obtained diplomas, certificates, or confirmations to be recruited into agencies, organizations, or units.

Concurrently, according to Articles 18 and 19 of Decree No. 112/2020/ND-CP, disciplinary measures such as removal from office can be applied to managerial public employees who use illegal documents to be appointed to positions; the measure of termination of employment may be applied to public employees who use counterfeit or illegally obtained diplomas, certificates, or confirmations to be recruited into agencies, organizations, or units.

Besides, according to Article 36 of the Labor Code 2019 of Vietnam, an employer shall have the right to unilaterally terminate an employment contract in cases where the employee fails to provide truthful information about his/her full name, date of birth, gender, residence, educational level, occupational skills and qualifications, health conditions and other issues directly related to the conclusion of the employment contract during the conclusion of the employment contract in a manner that affects the recruitment.

Thus, it can be seen that an/a official, public employee or employee who uses a counterfeit health examination certificate to supplement their job applications, recruitment documents, or appointment files and his/her act is detected, he/she may face disciplinary actions such as removal from office or termination of employment (for officials and public employees), or unilateral termination of contracts by employers (for employees).

On the other hand, the act of purchasing counterfeit health examination certificates may be subject to criminal liability for the offenses of “Fabricating an organization's seal or documents and use thereof”. Specifically, according to Article 341 of the Criminal Code 2015 of Vietnam:

“Article 341. Fabricating an organization's seal or documents and use thereof

1. Any person who fabricates an organization's seal or document or use it to commit an illegal act shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

2. This offense committed in any of the following circumstances carries a penalty of 02 - 05 years' imprisonment:

a) The offense is committed by an organized group;

b) The offense has been committed more than once;

c) The offense involves 02 - 05 fabricated seals or documents;

d) The fabricated seal or document is used to commit a criminal offense;

dd) The illegal profit earned is from VND 10,000,000 to under VND 50,000,000;

e) Dangerous recidivism.

3. This offense committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:

a) The offense involves ≥ 6 fabricated seals or documents;

b) The fabricated seal or document is used to commit a very serious crime or extremely serious crime;

c) The illegal profit earned is ≥ VND 50,000,000

4. The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000.”

Therefore, the act of purchasing counterfeit health examination certificates may be fined up to VND 100,000,000 or even sentenced to imprisonment for up to 7 years, depending on the nature and severity of the offense.

Ty Na

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