Vietnam: Service providers that fails to suspend operations to the end of April 15 shall be fined up to VND 10 million

In recent days, LawNet has received questions from Customers and Members, which are: If service businesses such as bars, discotheques, etc. do not comply with the request to temporarily suspend their operations to prevent the Covid-19 epidemic, will there be any sanctions? LawNet would like to answer this issue in the below article.

On March 27, 2020, the Prime Minister of Vietnam issued Directive No. 15/CT-TTg on climax stage of COVID-19 control effort. According to this Directive, for efficient control and proactive prevention of COVID-19 on a national scale and for the protection of people's lives and health, the Prime Minister assigns Provincial People’s Committees to implement restriction of mass gatherings from March 28 at 12:00 AM to the end of April 15, 2020, in which, suspend operations of service providers in their provinces, excluding those providing essential goods or services. Chairpersons of People’s Committees of provinces and central-affiliated cities shall decide the types of businesses that must suspend their operations.

Thus, it can be seen that, according to this Directive, officially from March 28 at 12:00 AM to the end of April 15, 2020, service businesses other than essential goods and services will have to temporarily suspend operations to control and limit the spread of the COVID-19 epidemic.

So in this case, if service businesses do not strictly comply with the requirements in Directive 15 and continue to operate, how will they be punished?

According to Article 52 of the Law on Prevention and Control of Infectious Diseases 2007 of Vietnam, applying measures to limit public gatherings or temporarily suspending activities and services in public places is one of the measures to prevent epidemics. In case service businesses do not comply with this directive of the Prime Minister, it shall be considered one of the strictly prohibited acts according to Article 8 of the Law on Prevention and Control of Infectious Diseases 2007 and will be administratively sanctioned with a fine from VND 5,000,000 to VND 10,000,000. Specifically, according to Clause 4 Article 11 of Decree No. 176/2013/ND-CP of Vietnam’s Government, fines for violations against regulations on epidemic prevention are as follows:

Article 11. Violations against regulations on epidemic prevention

4. Any of the following violations shall carry a fine of from 5,000,000 VND to 10,000,000 VND:

 

a) Failure to suspend the operation of public food and drink establishments at risk of spreading the disease in the infected area;

b) Failure to impose a ban on the foods that are vectors of pathogens;

c) Failure to take measures for preventing crowds or to suspend the businesses at public places.

Nguyen Trinh

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