Currently, the situation of the Covid-19 epidemic is very complicated, the State recommends that everyone must declare when returning from epidemic areas. However, many people with false declarations have returned from epidemic areas to be tested for Covid-19. So is the act of making false declarations illegal? In case of violation, how is the penalty according to Vietnam’s regulations?
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LAWNET would like to answer your question as follows:
1. Is there a fine for making false declarations to get tested for Covid-19?
According to Point b Clause 2 Article 5 of the Decree No. 167/2013/NĐ-CP of Vietnam’s Government: Giving false information to the competent state agency shall be imposed a fine of between VND 500,000 and VND 1,000,000.
Thus, according to the above provision, the act of making false declarations to return from an epidemic area to be tested for Covid-19 is a violation against the law and is subject to a fine of between VND 500,000 and VND 1,000,000.
2. How are penalties for violations against regulation on Covid-19 prevention and control?
In addition to penalties for making false declarations for Covid-19 testing, according to Decree No. 176/2013/NĐ-CP of Vietnam’s Government and Official Dispatch No. 45/TANDTC, penalties for violations against regulation on Covid-19 prevention and control are as follows:
- Failing to wear a mask in public shall be fined up to VND 300,000.
- Disposing used masks in the wrong places in public places shall be fined up to VND 5,000,000 (disposing on the sidewalk or street shall be fined up to VND 7,000,000).
- Hiding your own or someone else's infection of Covid-19 shall be fined up to VND 2,000,000.
- A fine of up to VND 10,000,000 for individuals, up to VND 20,000,000 for organizations for:
+ Failure to suspend the operation of public food and drink establishments at risk of spreading the disease in the infected area;
+ Failure to take measures for preventing crowds or to suspend the businesses at public places for Covid-19 prevention and control.
- Persons who fail to comply with the decision on medical examination, supervision and treatment before entering and leaving the epidemic area shall be fined up to VND 20,000,000.
- A fine from VND 50,000,000 to VND 200,000,000 or a prison term of between 1 and 5 years for those who escape from the quarantine place; failure to comply with regulations on isolation; refuse, evade the application of isolation measures, coercive isolation for prevention; failure to make medical declarations, making incomplete declarations or making false declarations causes the transmission of Covid-19 disease to others.
- Facing a charge of “violation against regulations of law on safety in crowded areas” according to Article 295 of the Criminal Code 2015 of Vietnam for:
+ Acts of escaping from quarantine places, failing to comply with regulations on isolation; refusing or evading the application of isolation or coercive isolation, causing damage of VND 100 million or more due to the cost of COVID-19 disease prevention and control.
+ The owner of a service establishment (bar, dance club, karaoke club, massage parlor, beauty salon, etc.) who continues its operation after a competent authority or competent person has issued a decision on business suspension serving Covid-19 control and causes a loss of 100.000.000 in epidemic control expense or above.
+ A person who posts false information about Covid-19 situation on a computer network or telecommunications network and causes negative reactions will face a charge of “Illegal provision or use of information on computer networks or telecommunications networks” according to Article 288 of the Criminal Code.
+ A person who publishes personal information about health worker, a participant in Covid-19 control, a confirmed case or suspected case for the purpose of destroying that person’s honor and dignity will face a charge of “insult to another person” according to Article 155 of the Criminal Code.
+ A person who uses violence or threat of violence or otherwise obstruct a law enforcement officer performing his/her Covid-19 control tasks will face a charge of “Resisting a law enforcement officer in performance of his/her official duties" according to Article 330 of the Criminal Code.
+ A person who takes advantage of the scarcity or fakes scarcity during Covid-19 pandemic to buy in large quantities and stockpile goods from a price stabilization program or goods priced by the State in order to earn illegal profit will face a charge of “hoarding” according to Article 196 of the Criminal Code.
Ty Na
