Health examination certificate is one of the documents required in job applications, applications for school admissions, and other similar processes, etc. in Vietnam. However, due to being afraid of the cumbersome and time-consuming, many people choose to obtain counterfeit health examination certificates instead of undergoing the proper examination as regulated. So, what are the penalties for such behavior?
Article table of contents
1. Regulations on health examination
The process of health examination is specified in Circular No. 14/2013/TT-BYT of the Ministry of Health of Vietnam, specifically as follows:
- Persons who need to undergo a health examination must submit the medical examination (ME) certificate made according to the set form in Annex 1 promulgated together with this Circular, pasted with a portrait at size of 04cm x 06cm, taken on white background, within 06 (six) months counted to the day of submitting ME dossier.
- After receiving dossier of ME, the ME establishments shall implement the following tasks:
+ Comparing the picture in ME dossier with the person who arrives for ME;
+ Affixing with an integrity seal on picture after comparing as prescribed in point a this clause for cases specified in clauses 1, 2 and 3 Article 4 of this Circular;
+ Checking and comparing ID card or passport of guardian of person performed ME for case specified in clause 4 Article 4 of this Circular;
+ Guiding the ME process for the person performed ME, his/her guardian (if any);
+ ME establishments implement ME under process.
- Based on the medical examination result of each speciality, the person allocated by ME establishments shall make a conclusion on the health classification and sign the ME certificate.
- ME certificate is issued 01 (one) copy for the person performed ME within 24 (twenty four) hours after ending ME; ME certificate shall be valid within 12 months from the day of signing health conclusion.
Thus, cases where health examinations are not conducted according to the regulations in Circular No. 14/2013/TT-BYT or are not taken are considered as purchasing counterfeit health examination certificates.
2. Penalties for violations
The act of purchasing counterfeit health examination certificates may be subject to criminal liability for the offenses of “Fabricating an organization's seal or documents and use thereof”. Specifically, according to Article 341 of the Criminal Code 2015 of Vietnam:
Any person who fabricates an organization's seal or document or uses it to commit an illegal act shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment.
This offense committed in any of the following circumstances shall carry a penalty of 03 - 07 years' imprisonment:
- The offense involves ≥ 6 fabricated seals or documents;
- The fabricated seal or document is used to commit a very serious crime or extremely serious crime;
- The illegal profit earned is ≥ VND 50,000,000.
Thus, the act of purchasing counterfeit health examination certificates may be fined up to VND 100,000,000 or even sentenced to imprisonment for up to 7 years, depending on the nature and severity of the offense.
It can be seen that the law has stipulated severe penalties for the offense of fabricating health examination certificates. This is because if this behavior is not timely prevented and continues to proliferate, it can cause extremely dangerous consequences. If someone who purchases a counterfeit health examination certificate has an undetected illness and is assigned to inappropriate positions, it not only affects his/her own health but also has an impact on the employer. Therefore, this behavior needs to be promptly prevented and strictly punished.
Thuy Tram
