Recently, the behavior of the male flight attendant of Vietnam Airlines seriously violated the isolation regulations, spreading Covid-19 to 3 people, causing a stir in public opinion. Based on current regulations, this behavior may be considered for criminal prosecution.
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Specifically, according to current legal regulations, depending on the nature and seriousness of the violation, violators of the medical isolation regulations may be administratively sanctioned or even criminally prosecuted.
1. Administrative sanctions
According to Article 11 of the Decree No. 117/2020/NĐ-CP of Vietnam’s Government, fines for violations against regulations on medical isolation and coercive medical isolation are as follows:
Article 11. Violations against regulations on medical isolation and coercive medical isolation
1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for commission of one of the following violations:
a) Failing to organize or force medical isolation in case of compulsory medical isolation prescribed by law, except the case prescribed in Point a Clause 2 of this Article;
b) Refusing or evading medical isolation or coercive medical isolation measures implemented by competent authorities, except case prescribed in Point b Clause 2 of this Article;
c) Failing to compile the list and monitor health of persons in close contact with persons who are managed under isolation or coercive isolation as prescribed by law.
2. A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for commission of one of the following violations:
a) Failing to organize medical isolation of persons infected with group A infectious diseases;
b) Refusing or evading the implementation of a competent authority’s decision on medical isolation or coercive medical isolation of persons infected with group A infectious diseases, border health quarantine subjects infected with group A infectious diseases or at the request of a competent authority;
c) Organizing medical isolation or coercive medical isolation at an unqualified location.
It can be seen that persons who refuse or evade medical isolation or coercive medical isolation measures implemented by competent authorities shall be imposed a fine ranging from VND 5.000.000 to VND 10.000.000. In case of refusing or evading the implementation of a competent authority’s decision on medical isolation or coercive medical isolation of persons infected with group A infectious diseases, a fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed. Moreover, remedial measures shall be applied, which is enforced organization of medical isolation or coercive medical isolation.
Previously, according to Article 10 of Decree No. 176/2013/NĐ-CP of Vietnam, violations against regulations on medical isolation and coercive medical isolation, specifically as refusing or evading medical isolation, shall be imposed a fine ranging from VND 2.000.000 to VND 10.000.000 depending on cases.
=> Current regulations have doubled fines for violations against regulations on isolation.
>>> View more fines for other violations at the article: Prevention and control of the Covid-19 epidemic in Vietnam: Basis for sanctioning 13 violations
2. Criminal prosecution
In addition to being administratively sanctioned, any person who violates the regulations on medical isolation, if it leads to the spread of disease, he/she may be considered for criminal prosecution. Specifically, according to Article 240 of the Criminal Code 2015 of Vietnam:
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:
a) Bringing or allowing another entity to bring animals, plants or products thereof or other items that are likely to transmit dangerous infectious diseases in human out of the epidemic zone, unless otherwise prescribed by law;
b) Bringing or allowing another entity to bring animals, plants or products thereof or other products that are infected or carry dangerous pathogens that are likely to be transmitted to human into Vietnam’s territory;
c) Other acts that spread dangerous infections in human.
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.
Pursuant to this provision, depending on the nature and seriousness of the act, the offender may be fined from VND 50,000,000 to VND 200,000,000 or be sentenced to between 01 and 05 years of imprisonment. Concurrently, 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.
On March 30, 2020, the Council of Justices of the Supreme People's Court issued the Official Dispatch No. 45/TANDTC-PC 2020 on trial for criminal offenses against regulations on prevention and control of Covid-19 pandemic. According to this Official Dispatch, “spreading dangerous infectious diseases in human” according to Point c Clause 1 Article 240 of the Criminal Code 2015 of Vietnam is determined as follows:
- Breaking out of the quarantine area;
- Failure to comply with quarantine regulations;
- Refusing or avoiding quarantine or enforcement of quarantine;
- Failure to make or truthfully make health declarations.
Accordingly, the person who commits the above acts shall be handled for the crime of spreading dangerous infectious diseases to human. Concurrently, according to the Official Dispatch No. 45/TANDTC-PC, the Council of Justices of the Supreme People's Court also requested to take severe punishments shall be imposed for offenses that result in serious consequences (transmitting the disease to more than 01 person, causing death, etc.).
It can be seen that the male flight attendant of Vietnam Airlines seriously violated the isolation regulations, spreading the Covid-19 epidemic to 3 people, showing criminal signs, so according to current regulations, he may be considered for criminal prosecution for the crime of spreading dangerous infectious diseases to human according to the above provisions.
In this case, if it is determined that there is an act of lax management in Vietnam Airlines' concentrated isolation, according to the provisions of Clause 5 Article 4 and Article 11 of Decree No. 117/2020/NĐ-CP of Vietnam’s Government, Vietnam Airlines shall be imposed a fine ranging from VND 10,000,000 to VND 40,000,000 (twice as much as that imposed on an individual according to Article 11 of Decree No. 117/2020/NĐ-CP). However, Vietnam Airlines will not be prosecuted for criminal liability under Article 240 of the Criminal Code 2015, according to Article 76 of the Criminal Code 2015 amended by Clause 11 Article 1 of the Law on Amendments to Criminal Code 2017 of Vietnam, this crime is not within the scope of criminal liability of commercial legal entities.
Thuy Tram
- Key word:
- Criminal Code 2015
