This is a notable content of the Decree No. 117/2020/NĐ-CP of Vietnam’s Government prescribing penalties for administrative violations in medical sector. This Decree has increased penalties imposed for enterprises failing to organize dissemination of information about HIV/AIDS prevention and control measures for employees.
Article table of contents
According to Article 19 of the Decree No. 117/2020/NĐ-CP of Vietnam’s Government, a warning or the following fines shall be imposed for failing to organize education and dissemination of information about HIV/AIDS prevention and control measures at the request of competent authorities:
- A warning or fine ranging from 300.000 to VND 500.000 shall be imposed upon a violating establishment using less than 50 employees; (according to Decree No. 176/2013/NĐ-CP, a warning or fine ranging from 200.000 to VND 500.000 shall be imposed)
- A fine ranging from 1.000.000 to VND 2.000.000 shall be imposed upon a violating establishment using from 50 to under 100 employees; (according to Decree No. 176/2013/NĐ-CP, a fine ranging from 500.000 to VND 1.000.000 shall be imposed)
- A fine ranging from 2.000.000 to VND 3.000.000 shall be imposed upon a violating establishment using from 100 to under 200 employees; (according to Decree No. 176/2013/NĐ-CP, a fine ranging from 1.000.000 to VND 2.000.000 shall be imposed)
- A fine ranging from 3.000.000 to VND 5.000.000 shall be imposed upon a violating establishment using from 200 to under 500 employees; (according to Decree No. 176/2013/NĐ-CP, a fine ranging from 2.000.000 to VND 5.000.000 shall be imposed)
- A fine ranging from 5.000.000 to VND 10.000.000 shall be imposed upon a violating establishment using from 500 to under 1.000 employees;
- A fine ranging from 10.000.000 to VND 15.000.000 shall be imposed upon a violating establishment using from 1.000 to under 1.500 employees;
- A fine ranging from 15.000.000 to VND 20.000.000 shall be imposed upon a violating establishment using from 1.500 to under 2.000 employees;
- A fine ranging from 20.000.000 to VND 25.000.000 shall be imposed upon a violating establishment using from 2.000 to under 2.500 employees;
- A fine ranging from 25.000.000 to VND 30.000.000 shall be imposed upon a violating establishment using 2.500 employees or more.
Concurrently, according to Clause 5 Article 4 of the Decree No. 117/2020/NĐ-CP of Vietnam’s Government, the fines prescribed above are imposed on violating individuals. The fine imposed on an organization is twice as much as that imposed on an individual for the same administrative violation.
Thus, according to the above provisions, from November 15 (effective date of the Decree No. 117/2020/NĐ-CP), a fine of up to VND 60.000.000 shall be imposed upon an enterprise using 2.500 employees or more failing to organize education and dissemination of information about HIV/AIDS prevention and control measures at the request of competent authorities.
It can be seen that the Decree No. 117/2020/NĐ-CP of Vietnam’s Government that replaces the Decree No. 176/2013/NĐ-CP (expires from November 15, 2020) has increased penalties for failing to organize education and dissemination of information about HIV/AIDS prevention and control measures for enterprises using under 500 employees. To be specific:
- A fine ranging from 600.000 to VND 1.00.000 shall be imposed upon an enterprise using less than 50 employees; (increased by VND 200.000)
- A fine ranging from 2.000.000 to VND 4.000.000 shall be imposed upon an enterprise using from 50 to under 100 employees; (increased by VND 1.000.000)
- A fine ranging from 4.000.000 to VND 6.000.000 shall be imposed upon an enterprise using from 100 to under 200 employees; (increased by VND 2.000.000)
- A fine ranging from 6.000.000 to VND 10.000.000 shall be imposed upon an enterprise using from 200 to under 500 employees. (increased by VND 2.000.000)
Besides, Decree No. 117/2020/NĐ-CP of Vietnam’s Government also annulled a number of violations against regulations on dissemination of information about HIV/AIDS prevention of previous regulations, specifically as follows:
- A fine of from 5,000,000 VND to 10,000,000 VND for obstruction of dissemination of information about HIV/AIDS prevention; refusal to cooperate with local HIV/AIDS prevention body in disseminating information about HIV/AIDS prevention.
- A fine of from 10,000,000 VND to 15,000,000 VND for taking advantage of propagation of information about HIV/AIDS prevention to threaten the security, social order, or to breaks cultural traditions and social ethics.
- A fine of from 15,000,000 VND to 20,000,000 VND for fabricating information about a healthy person’s being infected with HIV; using pictures or messages that discriminate against HIV sufferers and their families for propagation.
Ty Na
- Key word:
- Decree No. 117/2020/NĐ-CP
