Guidance on handling 14 violations in the prevention and control of COVID-19 in Vietnam

The Department of Justice of Hai Duong Province's guidance on handling 14 violations in the prevention and control of COVID-19 in Vietnam (Internet image)

In accordance with Directive 15/CT-TTg dated March 27, 2020; Directive 16/CT-TTg dated March 31, 2020; Directive 05/CT-TTg dated January 28, 2021 of the Prime Minister on urgent measures for Covid-19 prevention and control, and Official Dispatch 01/CD-UBND dated January 28, 2021 of the Provincial People's Committee on the implementation of urgent measures for Covid-19 prevention and control in Hai Duong province, based on the actual situation and to strictly implement the legal provisions to minimize the risk of community transmission, the Department of Justice of Hai Duong province provides guidance on handling legal violations related to some violations in the work of Covid-19 prevention and control as follows:

1. Acts of not organizing information, education, and communication on Covid-19 disease prevention for workers as requested by competent authorities:

- Fine level: Fine from 1,000,000 VND to 25,000,000 VND for individuals (from 2,000,000 VND to 50,000,000 VND for organizations).

- Regulations: in Clause 1, Article 5, Decree 117/2020/ND-CP dated September 28, 2020 of the Government regulating penalties for administrative violations in the field of health.

- Sanctioning authority: Chairman of the Commune People's Committee; Chairman of the District People's Committee; Chief Inspector of Information and Communications, Culture, Sports, and Tourism; Health, Education, and Transport.

2. Acts of reporting false information about the COVID-19 epidemic situation:

* Acts of reporting inaccurate information about the COVID-19 epidemic situation after declaring the epidemic or announcing the end of the epidemic according to the content provided by the competent state health agency:

- Fine level: fine from 10,000,000 VND to 15,000,000 VND for individuals (from 20,000,000 VND to 30,000,000 VND for organizations). In addition, it is also necessary to apply the remedial measure "Forcibly correcting false information on mass media in the area that has previously been reported continuously for 03 days according to the provisions of law".

- Regulations: in Point a Clause 3 and Point a Clause 4 Article 5 of Decree 117/2020/ND-CP dated September 28, 2020 of the Government regulating penalties for administrative violations in the health sector.

- Sanctioning authority: Chairman of the district People's Committee; Chief Inspector of Information and Communications, Culture, Sports, and Tourism; Health, Education, and Transport.

* Acts of providing false information, slander, distortion, and insulting the reputation of agencies, organizations, and the honor and dignity of individuals related to COVID-19 epidemic prevention and control:

- Penalty level: A fine ranging from 5,000,000 VND to 10,000,000 VND for individuals (from 10,000,000 VND to 20,000,000 VND for organizations) and the measure of remedying the consequences must be applied, "Compulsory removal of false information or misleading information or information that violates the law."

- Regulations: at Point a, Clause 1 and Clause 3, Article 100 of Decree 15/2020/ND-CP dated February 3, 2020 of the Government regulating administrative sanctions in the fields of postal, telecommunications, and radio frequencies, electricity, information technology, and electronic transactions.

- Sanctioning authority: Director of Provincial Police; Chief Inspector/Head of the specialized inspection team of the Department of Information and Communications.

Criminal handling : In cases of posting fake information, false information, or distorted information about the COVID-19 epidemic situation on computer networks or telecommunications networks, they can be handled according to Article 288 of the Penal Code 2015.

3. The act of throwing away used masks, substances, and items in the wrong place can potentially spread the COVID-19 epidemic:

- Fine: Warning or fine from 200,000 VND to 500,000 VND.

- Regulations: in Clause 1, Article 6 of Decree 117/2020/ND-CP dated September 28, 2020 of the Government regulating penalties for administrative violations in the health sector.

- Sanctioning authority: Chairman of the Commune People's Committee; Inspector of Health, Education, Transport, Agriculture and Rural Development, Science and Technology, Natural Resources, and Environment.

4. Acts of not performing testing at the request of competent health agencies during the process of monitoring the COVID-19 epidemic:

- Fine: Fine from 1,000,000 VND to 3,000,000 VND.

- Regulations: at Point a, Clause 2, Article 7, Decree 117/2020/ND-CP dated September 28, 2020 of the Government regulating penalties for administrative violations in the health sector.

- Sanctioning authority: Chairman of the Commune People's Committee; Chief Health Inspector; Head of District Police; Head of Provincial Police Department.

5. Acts of concealing, not reporting, or not promptly reporting the status of yourself or others infected with the COVID-19 epidemic:

- Fine: Fine from 10,000,000 VND to 20,000,000 VND.

- Regulations: at Point a, Clause 3, Article 7, Decree 117/2020/ND-CP dated September 28, 2020 of the Government regulating penalties for administrative violations in the health sector.

- Sanctioning authority: Chairman of the district People's Committee; Chief Inspector of the Department of Health; Director of Provincial Police.

Criminal handling : Cases of spreading the COVID-19 epidemic to others will be handled according to Article 240 of the Penal Code 2015.

6. Acts of refusing or evading the application of medical quarantine decisions or enforced medical quarantine by competent state agencies for people infected with COVID-19:

- Fine: Fine from 15,000,000 VND to 20,000,000 VND. In addition, the remedial measure "forced medical isolation, enforced medical isolation" must also be applied.

- Regulations: at Point b, Clause 2 and Clause 3, Article 11 of Decree 117/2020/ND-CP dated September 28, 2020 of the Government regulating penalties for administrative violations in the health sector.

- Sanctioning authority: Chairman of the district People's Committee; Chief Inspector of the Department of Health; Director of Provincial Police.

Criminal handling: Cases of spreading the COVID-19 epidemic to others will be handled according to Article 240 of the Penal Code 2015.

7. Unnecessary acts of not wearing a mask in public or on the street:

- Fine: Fine from 1,000,000 VND to 3,000,000 VND.

- Regulations: at Point a, Clause 1, Article 12 of Decree 117/2020/ND-CP dated September 28, 2020 of the Government regulating penalties for administrative violations in the health sector.

- Sanctioning authority: Chairman of the Commune People's Committee; Chief Inspector of the Department of Health; Head of District Police; Head of Provincial Police Department.

8. Acts of not implementing the decision to apply measures to temporarily suspend operations of public food service establishments that pose a risk of spreading the COVID-19 epidemic:

- Fine level: Fine from 10,000,000 VND to 20,000,000 VND for individuals (from 20,000,000 VND to 40,000,000 VND for organizations).

- Regulations: at Point a, Clause 3, Article 12 of Decree 117/2020/ND-CP dated September 28, 2020 of the Government regulating penalties for administrative violations in the health sector.

- Sanctioning authority: Chairman of the district People's Committee; Chief Inspector of the Department of Health; Director of Provincial Police.

9. Acts of not implementing decisions to apply measures to limit public gatherings or temporarily suspend business and service activities in public places to prevent and control the COVID-19 epidemic:

- Fine level: Fine from 10,000,000 VND to 20,000,000 VND for individuals (from 20,000,000 VND to 40,000,000 VND for organizations).

- Regulations: at Point c, Clause 3, Article 12 of Decree 117/2020/ND-CP dated September 28, 2020 of the Government regulating penalties for administrative violations in the health sector.

- Sanctioning authority: Chairman of the district People's Committee; Chief Inspector of the Department of Health; Director of Provincial Police.

Criminal handling: If the business owner or manager of the business establishment (such as bars, karaoke, massage services, beauty salons, gyms, yoga/game centers, cinemas, etc.) continues business operations despite the decision to temporarily suspend business activities to prevent Covid-19, causing damages of 100,000,000 VND or more due to the emergence of epidemic prevention expenses, they will be prosecuted under Article 295 of the Penal Code 2015.

10. Acts of not implementing the decision to ban mass gatherings in areas where a state of emergency for the COVID-19 epidemic has been declared:

- Fine level: Fine from 30,000,000 VND to 40,000,000 VND for individuals (from 60,000,000 VND to 80,000,000 VND for organizations).

- Regulations: at Point b, Clause 5, Article 12 of Decree 117/2020/ND-CP dated September 28, 2020 of the Government regulating penalties for administrative violations in the health sector.

- Sanctioning authority: Chairman of the Provincial People's Committee.

11. The act of not posting prices of goods and services related to the prevention and control of the COVID-19 epidemic at locations where prices must be listed according to the provisions of law or posting prices that are not in accordance with regulations and are unclear, causing confusion for customers:

- Fine: Fine from 500,000 VND to 1,000,000 VND; in cases of multiple violations or repeat violations, the fine will be from 1,000,000 VND to 3,000,000 VND. The above fine applies to individuals (for violating organizations, it is equal to 2 times the fine for individuals).

- Regulations: in Clause 1 and Point 2 of Article 12 of Decree 109/2013/ND-CP dated September 24, 2013 of the Government regulating administrative sanctions in the field of price, fee, and charge management (as amended and supplemented by Decree 49/2016/ND-CP).

- Sanctioning authority: Chairman of the Commune People's Committee; Chief Inspector of the Department of Finance.

12. The act of selling more than the listed price of goods and services related to the prevention and control of the COVID-19 epidemic determined by organizations and individuals that are not on the list of price stabilization, goods, and services on the list of business restrictions or conditional business:

- Penalty level: A fine ranging from 5,000,000 VND to 10,000,000 VND for individuals (from 10,000,000 VND to 20,000,000 VND for organizations) and the measure of remedying the consequences must be applied: "Compulsory refund of the amount collected exceeding the listed price to the customer; in cases where the customer cannot be identified, it shall be submitted to the state budget."

- Regulations: in Clauses 3 and 7, Article 12 of Decree 109/2013/ND-CP dated September 24, 2013 of the Government regulating administrative sanctions in the field of price, fee, and charge management.

- Sanctioning authority: Chairman of the district People's Committee; Chief Inspector of the Department of Finance.

13. Acts of helping, harboring, concealing, or creating conditions for foreigners to enter Vietnam, stay in Vietnam, or cross national borders illegally:

- Fine level: Fine from 15,000,000 VND to 25,000,000 VND for individuals (from 30,000,000 VND to 50,000,000 VND for organizations). Foreigners who commit administrative violations, depending on the severity of the violation, may also be subject to expulsion from the Socialist Republic of Vietnam.

- Regulations: at Point a, Clause 5 and Clause 2, Article 17 of Decree 167/2013/ND-CP dated November 12, 2013 of the Government regulating administrative sanctions in the fields of security, order, and social safety; prevention of social evils; fire prevention and fighting; and preventing and combating domestic violence.

- Sanctioning authority: Chairman of the Provincial People's Committee; Director of the Immigration Department (fines and decisions on the application of deportation penalties - if any).

Criminal handling : Actions related to regulations on illegally exiting, entering, or staying in Vietnam can be handled according to Articles 347 and 348 of the Penal Code 2015.

14. Acts of obstructing and resisting people performing official duties to prevent and control the Covid-19 epidemic:

* Obstructive behavior; instigate, entice; incite others to not comply with requests for inspection, examination, control, or using words or actions that threaten, insult, or insult the honor and dignity of people performing official duties to prevent and control the Covid-19 epidemic:

- Fine level: Fine from 2,000,000 VND to 3,000,000 VND for individuals (from 4,000,000 VND to 6,000,000 VND for organizations).

- Regulations: in Clause 2, Article 20, Decree 167/2013/ND-CP dated November 12, 2013 of the Government regulating administrative sanctions in the fields of security, order, and social safety; prevention of social evils; fire prevention and fighting; and domestic violence prevention.

- Sanctioning authority: Chairman of the Commune People's Committee; Head of district police, Head of department of provincial police; Chief Inspector of relevant Departments; Market Management Team Captain is on duty.

* Acts of using force; Threatening to use force against people performing official duties or causing damage to property and vehicles of state agencies or people performing official duties to prevent and control the COVID-19 epidemic, but not to the extent of requiring prosecution for criminal liability:

- Fine level: Fine from 3,000,000 VND to 5,000,000 VND for individuals (from 6,000,000 VND to 10,000,000 VND for organizations).

- Regulations in Points a and b, Clause 3, Article 20 of Decree 167/2013/ND-CP dated November 12, 2013 of the Government regulating administrative sanctions in the fields of security, order, and social safety; prevention of social evils; fire prevention and fighting; and preventing and combating domestic violence.

- Sanctioning authority: Chairman of the district People's Committee; Head of district police; Head of department of provincial police; Chief Inspector of relevant departments; Market Management Team Captain is on duty.

Criminal handling : Acts of using force, threatening to use force, or other tricks to obstruct people from performing official duties in preventing and fighting the Covid-19 epidemic can be handled according to Article 330 of the Penal Code 2015.

More details can be found in Official Dispatch 107/STP-XDKT&TDTHPL, issued on January 29, 2021.

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