Forms of administrative sanctions in the medical sector in Vietnam

Forms of administrative sanctions in the medical sector in Vietnam (Illustrative image)

Article 3 of Decree 117/2020/ND-CP stipulates the forms of administrative sanctions in the medical sector in Vietnam as follows:

1. Main forms of penalty:

- Warning;

- Fine.

2. Additional penalties:

- Suspension of the following licenses or practicing certificates for a fixed period of 01-24 months, including: certificate of eligibility for pharmacy business, license for medical operations, certificate of satisfaction of level-3 biosafety standards, certificate of eligibility to provide HIV testing, certificate of eligibility to produce cosmetics, license to trade in alcoholic beverages, license to operate tissue bank, pharmacy practicing certificate and medical examination and treatment practicing certificate;

- Confiscation of exhibits and instrumentalities used for committing administrative violations in medical sector;

- Suspension of operations for a fixed period of 01 - 24 months;

- Deportation.

3. Remedial measures:

- Enforced return of amounts of money collected against regulations of law. Any amounts of money which cannot be returned to payers shall be paid to state budget as prescribed by law;

- Enforced implementation of cleaning, disinfection and sterilization measures and other measures for prevention and control of infectious diseases;

- Enforced organization of medical isolation, implementation of coercive measures for medical isolation, health inspection and control;

-Enforced implementation of measures for cleaning of clean water supply and distribution system;

- Enforced making of direct apologies to HIV-positive persons and their families and correction of information published on means of mass media at the place where the HIV patient is living within 03 days as prescribed by law, unless the HIV patient rejects public apologies;

- Enforced receipt and burial or cremation of corpses or remains of HIV infected persons;

- Enforced receipt of HIV-positive persons;

- Enforced making of direct apologies to persons who are discriminated against, practitioners, and patients;

- Enforced re-appointment to previous job positions;

- Enforced provision of legitimate rights and benefits to HIV-infected employees;

- Enforced cancellation of decisions to discipline or expel pupil or student for HIV infection;

- Enforced payment of interests on different amounts due to false declarations or late payment of compulsory contributions; enforced making of payments due to evasion or commission of frauds in payment of compulsory contributions; enforced return of amounts of money which have been used against regulations;

- Enforced payment of all costs of medical services;

- Enforced return of entire different amounts. Any payments which cannot be made to payers shall be paid to state budget in accordance with regulations of law;

- Enforced reimbursement of amounts of money as compensation for damage suffered by health insurance purchasers (if any); enforced reimbursement of amounts of money as compensation for damage suffered by health facilities (if any). Any payments which cannot be made to payers shall be paid to state budget in accordance with regulations of law;

- Enforced transfer of amounts of money involving in the violations to the dedicated account of the health insurance fund (if any);

- Enforced removal of intrauterine devices and contraceptive implants;

- Enforced revocation of practicing certificates, license for medical operations, license to import medical devices and medical face masks, certificate of eligibility for pharmacy business, certificate of free sale of domestically manufactured medical devices, certificate of registration of drugs/pharmaceutical starting materials, receipt number of cosmetic product declaration, acknowledgement of receipt of declaration dossier, certificate of registration of drugs/pharmaceutical starting materials, certificate of registration of type B, C, D medical devices.

More details can be found in Decree 117/2020/ND-CP, which comes into effect in Vietnam from November 15, 2020.

Thuy Tram

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