08:11, 09/04/2020
Recently, the Department of Justice of Quang Nam province has issued Official Dispatch No. 615/STP-PBGDPL requesting continued coordination in implementing propaganda and dissemination of legal education related to Covid-19 epidemic prevention and control.
Article table of contents
Promulgated together with Official Dispatch No. 615/STP-PBGDPL of the Department of Justice of Quang Nam province is the List of legal bases to handle a number of violations related to Covid-19 epidemic prevention and control, specifically as follows:
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NO.
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Violation
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Legal base
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1
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Persons who do not wear masks in public will be fined up to VND 300,000
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According to Clause 1 Article 11 of Decree No. 176/2013/NĐ-CP of Vietnam’s Government
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2
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Persons who throw away used masks in the wrong places in public places will be fined up to VND 5,000,000; in cases of throwing on the sidewalk or street, the maximum fine will be up to VND 7,000,000
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According to Points c, d Clause 1 Article 20 of Decree No. 155/2016/NĐ-CP of Vietnam’s Government
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3
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Concealing the infection of oneself or of other people after the epidemic is announced will be fined up to VND 2,000,000
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According to Point a Clause 2 Article 11 of Decree No. 176/2013/NĐ-CP
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4
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Failure to suspend the operation of public food and drink establishments at risk of spreading the disease in the infected area shall be fined up to VND 10,000,000 in case of commission of an individual, up to VND 20,000,000 in case of commission of an organization
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According to Point a Clause 4 Article 11 of Decree No. 176/2013/NĐ-CP
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5
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Failure to take measures for preventing crowds or to suspend the businesses at public places shall be fined up to VND 10,000,000 in case of commission of an individual, up to VND 20,000,000 in case of commission of an organization
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According to Point c Clause 4 Article 11 of Decree No. 176/2013/NĐ-CP
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6
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Failure to comply with decisions on inspection, supervision, and medical procedures before leaving or entering an area infected with a group A disease shall be fined up to VND 20,000,000
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According to Point a Clause 5 Article 11 of Decree No. 176/2013/NĐ-CP
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7
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Persons breaking out of the quarantine area; failure to comply with quarantine regulations; refusing or avoiding quarantine or enforcement of quarantine shall be fined up to VND 10,000,000 or criminally sanctioned according to Article 240 of the Criminal Code of Vietnam in case he/she transmits disease to others
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According to Point b Clause 2 Article 11 of Decree No. 176/2013/NĐ-CP and Point 1.1 Section 1 of Official Dispatch No. 45/TANDTC-PC
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8
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Persons breaking out of the quarantine area; failure to comply with quarantine regulations; refusing or avoiding quarantine or enforcement of quarantine and subsequently causes a loss of 100.000.000 in epidemic control expense or above, he/she will face a charge of “violation against regulations of law on safety in crowded areas” according to Article 295 of the Criminal Code of Vietnam
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According to Point 1.2 Section 1 of Official Dispatch No. 45/TANDTC-PC
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9
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Persons failing to make or truthfully make health declaration shall be sanctioned according to Article 240 of the Criminal Code of Vietnam in case he/she transmits disease to others
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According to Point 1.1 Section 1 of Official Dispatch No. 45/TANDTC-PC
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10
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A person who posts false information about Covid-19 situation on a computer network or telecommunications network and causes negative reactions will be fined up to VND 15,000,000 or face a charge of “Illegal provision or use of information on computer networks or telecommunications networks” according to Article 288 of the Criminal Code of Vietnam
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According to Point a Clause 3 Article 64 of Decree No. 174/2013/NĐ-CP of Vietnam’s Government and Point 1.4 Section 1 of Official Dispatch No. 45/TANDTC-PC
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11
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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 of Vietnam
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According to Point 1.9 Section 1 of Official Dispatch No. 45/TANDTC-PC
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12
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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 will face a charge of “violation against regulations of law on safety in crowded areas” according to Article 295 of the Criminal Code of Vietnam
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According to Point 1.3 Section 1 of Official Dispatch No. 45/TANDTC-PC
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13
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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 of Vietnam
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According to Point 1.8 Section 1 of Official Dispatch No. 45/TANDTC-PC
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Previously, on April 4, 2020, the Hanoi Department of Justice also issued the Official Dispatch No. 928/STP-PBGDPL on coordinating the implementation of propaganda and dissemination of legal education related to Covid-19 epidemic prevention and control, which promulgates the List of legal bases to handle 13 violations related to Covid-19 epidemic prevention and control mentioned above.
Nguyen Trinh
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