Mr. Bui Van Manh, from Ho Chi Minh City, sent a question to LawNet seeking clarification on the following issue: I’ve heard that starting from April 01, 2020, people are not allowed to gather in groups of more than 2 in public places. Is this information accurate? And if violated, will there be any penalties?
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LawNet would like to answer Mr. Manh’s questions as follows:
The information mentioned by Mr. Manh, which is that starting from April 01, 2020, people are not allowed to gather in groups of more than 2 in public places, is completely accurate.
Specifically, on March 31, 2020, the Prime Minister of Vietnam issued Directive No. 16/CT-TTg on the implementation of urgent measures for prevention and control of COVID-19. According to this Directive, the Prime Minister requests to carry out nationwide quarantine for 15 days from 12 am of April 01, 2020 between families, neighborhoods/villages, communes, districts, provinces; workers in factories shall keep a safety distance, wear facemasks, and sanitize the workplace as prescribed.
People are advised to stay at home and only go outside when strictly necessary such as buying food or medicines, providing emergency treatment, going to work at facilities that are allowed to maintain operation to provide essential goods or services, and in other urgent circumstances; maintain a safety distance of 2 m during communication; do not form groups of more than 2 people outside office buildings, schools, hospitals and in public places.
To provide further clarification on the contents of Directive No. 16/CT-TTg and ensure its implementation nationwide, on April 03, 2020, the Government Office issued Official Dispatch No. 2601/VPCP-KGVX regarding the implementation of Directive No. 16/CT-TTg on COVID-19 prevention and control. In this Official Dispatch, Prime Minister Nguyen Xuan Phuc requests as follows:
1. Strictly carry out nationwide quarantine according to Directive No. 16/CT-TTg, ensure social distancing and maintain required distance between people and between communities. To prevent community transmission, people should limit their movement and stay home unless it is for the following necessities:
a) Purchase of food, pharmaceuticals and other essential goods and services;
b) Emergencies such as emergency aid, medical services, acts of god, fire, etc.
c) Working in state agencies and units, armed forces, diplomatic missions and the establishments mentioned in section 2 of this document.
When leaving home, people must wear facemasks, perform hand hygiene with soap or hand sanitizers; not form groups of more than 2 people in public spaces or outside office buildings, schools or hospitals and keep a distance of at least 2m.
Thus, it can be seen that officially from April 01, 2020, nationwide social distancing measures will be implemented. People must minimize their outdoor activities as much as possible, except for specific necessary cases listed in the government's document. And in cases when individuals are allowed to leave their homes, they must strictly wear masks and avoid gathering in groups of more than 2 people in public places, beyond the scope of workplaces, schools, and hospitals.
The question is, if individuals do not comply with the aforementioned requirements, specifically, if they do not strictly adhere to social distancing measures and purposefully gather in groups of more than 2 people in public places, will there be any penalties? The answer is yes.
According to Article 8 of the Law on Prevention and Control of Infectious Diseases 2007 of Vietnam, one of the acts strictly prohibited in prevention and control of infectious diseases is the act “failing to comply with measures for preventing and controlling infectious diseases at the request of competent agencies and organizations”. In this case, the failure of individuals to strictly comply with social distancing measures and to restrict gathering in large groups to prevent the spread of Covid-19, as directed by the Prime Minister, is considered one of the prohibited acts. Therefore, penalties will be imposed according to the provisions of the law.
According to Decree No. 176/2013/ND-CP of Vietnam’s Government, depending on the severity, this act can be subject to warnings or fines ranging from VND 100,000 to VND 300,000. Specifically, according to Point a Clause 1 Article 11 of Decree No. 176/2013/ND-CP:
Article 11. Violations against regulations on epidemic prevention
1. Any of the following violations shall carry a warning or fine of from 100,000 VND to 300,000 VND:
a) Failure to provide personal protective equipment for the participants in epidemic prevention and the people at risk of catching diseases according to instructions of health authorities;
…
In particular, failure to comply with the decision to ban gatherings in the area where a state of emergency over the epidemic is declared shall be fined from VND 20,000,000 to VND 30,000,000; failure to take measures for preventing crowds in the area where a state of emergency over the epidemic is yet declared shall be fined from VND 5,000,000 to VND 10,000,000.
In light of the complex developments of the COVID-19 pandemic, it is necessary for each individual to enhance their awareness of legal compliance and strictly adhere to healthcare recommendations in order to protect themselves and those around them, as well as to avoid legal consequences. It is crucial to diligently follow the directives of authorized agencies and organizations.
Nguyen Trinh
