In the current situation, where the Covid-19 pandemic is becoming increasingly complex, individuals and organizations must be aware of and implement measures to prevent the spread of the disease and limit its transmission within the community. So, how are the penalties for the act of returning from an epidemic area but intentionally concealing, not declaring, or delaying the declaration of health information?
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LawNet would like to answer this question as follows:
According to Article 8 of the Law on Prevention and Control of Infectious Diseases 2007 of Vietnam, prohibited acts include:
1. Intentionally transmitting agents of infectious disease.
2. Persons suffering from an infectious disease, persons suspected of suffering from an infectious disease and pathogen carriers are prohibited from performing jobs likely to transmit agents of infectious disease as prescribed by law.
3. Concealing and failing to report or reporting not in a timely manner cases of contracting infectious diseases in accordance with law.
4. Intentionally declaring or reporting untrue information on infectious diseases.
5. Discriminating against and publishing negative images of and information on persons suffering from an infectious disease.
6. Failing to apply or applying not in a timely manner measures for preventing and controlling infectious diseases as prescribed by this Law.
7. Failing to comply with measures for preventing and controlling infectious diseases at the request of competent agencies and organizations.
Concurrently, according to Article 7 of Decree No. 117/2020/ND-CP of Vietnam’s Government:
Article 7. Violations against regulations on infectious disease surveillance
1. A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed for concealing, failing to report or delaying the reporting when detecting a person infected with an infectious disease as prescribed by law, except the case prescribed in Point a Clause 3 of this Article.
2. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for commission of one of the following violations:
a) Failing to perform tests at the request of competent health agencies during the infectious disease surveillance;
b) Failing to submit reports or submitting reports which do not contain adequate information on infectious disease surveillance as prescribed by law;
c) Concealing, failing to report or delaying the reporting on the infection with an infectious disease of oneself, except the case prescribed in Point a Clause 3 of this Article.
3. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for commission of one of the following violations:
a) Concealing, failing to report or delaying the reporting on the status of infection with a group-A infectious disease of oneself or another person;
b) Deliberately providing false reports or information on a group-A infectious disease;
c) Deliberately spreading pathogens causing group-A infectious diseases.
On April 01, 2020, the Prime Minister issued Decision No. 447/QĐ-TTg on the declaration of Covid-19 epidemic, which identified Covid-19 as a Group-A infectious disease with a global pandemic risk.
Thus, any individual who returns from an epidemic area but fails to declare their health status, meaning they conceal their own or others' Covid-19 infection, may be subject to a fine ranging from VND 10,000,000 to VND 20,000,000.
Note: This fine is 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.
In addition to being administratively sanctioned, violating individuals and organizations may also be held criminally liable under Article 240 of the Criminal Code 2015 of Vietnam if they "fail to declare health information, provide incomplete declaration, or provide false declaration that leads to the transmission of the Covid-19 disease to others". The specific penalties under this provision are as follows:
Article 240. Spreading dangerous infectious diseases in human
1. A person who commits any of the following acts that spread dangerous infectious diseases in human shall be liable to a fine of from VND 50,000,000 to VND 200,000,000 or face a penalty of 01 - 05 years' imprisonment:
…
c) Other acts that spread dangerous infections in humans.
2. This offense committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:
a) The offense results in a declaration of an epidemic by the President of the People’s Committee of a province or the Minister of Health;
b) The offense results in the death of a person.
3. This offense committed in any of the following circumstances carries a penalty of 10 - 12 years' imprisonment:
a) The offense results in a declaration of an epidemic by the Prime Minister;
b) The offense results in the death of 02 or more people.
4. The offender might also be liable to a fine of from VND 20,000,000 to VND 100,000,000, prohibited from holding certain positions or doing certain works for 01 - 05 years.
Therefore, those who commit this offense can be subject to a maximum prison sentence of up to 12 years and a fine ranging from VND 20,000,000 to VND 100,000,000. Additionally, they may be prohibited from holding certain positions, practicing certain professions, or engaging in certain activities for a period of 1 to 5 years.
During the ongoing Covid-19 epidemic, which poses a risk of outbreak in many localities, individuals and organizations need to be aware of and strictly comply with the current legal regulations to avoid violating prohibitions set forth by the law, which can lead to severe consequences for themselves, their families, and society as a whole.
- Key word:
- Decision No. 447/QĐ-TTg
- Covid-19
