THE GOVERNMENT
-------
|
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
--------------
|
No. 176/2013/ND-CP
|
Hanoi, November 14, 2013
|
DECREE
PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST MEDICAL
LAWS
Pursuant to the Law on
Government organization dated December 25, 2001;
Pursuant to the Law on
Penalties for administrative violations dated June 20, 2012;
Pursuant to the Law on
Pharmacy dated June 14, 2005;
Pursuant to the Law on
Prevention of HIV/AIDS dated June 29, 2006;
Pursuant to the Law on
Donation, removal and transplantation of human tissues and organs, and body
donation dated November 29, 2006;
Pursuant to the Law on
Prevention of infectious diseases dated November 21, 2007;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Pursuant to the Law on
Medical examination and treatment dated November 23, 2009;
Pursuant to the Law on
Prevention of harmful effects of tobacco dated June 18, 2012;
Pursuant to the
Ordinance on Population dated January 09, 2003 and the Ordinance dated December
27, 2008 on amendments to Article 10 of the Ordinance on Population;
At the request of the
Minister of Health,
The government
promulgates a Decree on penalties for administrative violations against medical
laws.
Chapter
1.
GENERAL
PROVISIONS
Article
1. Scope of regulation
1. This Decree deals with
the administrative violations, penalties, fines, and remedial measures; the
persons entitled to make violation records, impose penalties, and the maximum
fines they can impose upon administrative violations against medical laws.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Violations against
regulations on defensive medicine and prevention of HIV/AIDS;
b) Violations against
regulations on medical examination and treatment;
c) Violations against
regulations on pharmacy, cosmetics, and medical equipment;
d) Violations against
regulations on health insurance;
dd) Violations against
regulations on population.
3. Other administrative
violations that are not mentioned in this Decree shall incur the penalties
prescribed by the Decrees in which they are mentioned.
Article
2. Subjects of application
1. Vietnamese entities
and foreign entities that commit administrative violations against medical laws
within Vietnam’s territory.
2. The persons entitled
to make violation records, impose penalties, and relevant entities.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Apart from the remedial
measures mentioned in Points a, c, d, dd, e, g, h and i Clause 1 Article 28 of
the Law on Penalties for administrative violations, the entities that commit
administrative violations against medical laws might have to take one of the
following remedial measures depending on the nature and severity of the
violations:
1. Decontaminating,
disinfecting wastes, clothing, equipment, the environment, and patient
transport vehicles;
2. Admitting sufferers of
group A diseases;
3. Treating and keeping
the people, vehicles, and goods that carry pathogens of group A diseases in
isolation;
4. Admitting HIV
sufferers, admitting, burying or cremating the bodies of HIV sufferers;
5. Offering public
apologies by means of mass communication;
6. Returning the illegal
money to the account of the health insurance fund or the medical facility;
7. Returning the interest
on late payment of health insurance premium to the account of the health
insurance fund;
8. Returning the interest
on the difference caused by incorrect declaration or the interest on deferred
payment;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
10. Removing the
instructions on sex selection;
11. Removing intrauterine
devices or implanted contraceptives;
12. Requesting a
competent authority to revoke communicator’s cards, identification numbers of
cosmetic notification, health insurance cards, drug registration numbers.
Article
4. Fines incurred by individuals and organizations
1. The maximum fine for a
violation pertaining to population incurred by an individual is 30,000,000 VND;
That incurred by an organization is 60,000,000 VND.
2. The maximum fine for a
violation pertaining to defensive medicine and HIV/AIDS prevention incurred by
an individual is 50,000,000 VND; That incurred by an organization is
100,000,000 VND.
3. The maximum fine for a
violation pertaining to health insurance incurred by an individual is
75,000,000 VND, that incurred by an organization is 150,000,000 VND.
4. The maximum fine for a
violation pertaining to medical examination and treatment, pharmacy, cosmetics,
or medical equipment incurred by an individual is 100,000,000 VND, that
incurred by an organization is 200,000,000 VND.
5. The fines for the
violations mentioned in Chapter II of this Decree are imposed upon individuals.
The incurred by an organization is twice the fine incurred by the individual
that commits the same violation.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Chapter
2.
VIOLATIONS,
PENALTIES, AND REMEDIAL MEASURES
SECTION
1. VIOLATIONS PERTAINING TO DEFENSIVE MEDICINE AND PREVENTION OF HIV/AIDS
Article
5. Violations pertaining to education and propagation of information about
prevention and treatment of infectious disease
1. Any establishment that
fails to carry out annual propagation of information about prevention and
treatment of infectious diseases among employees shall be liable to:
a) A warning or a fine of
from 200,000 VND to 500,000 VND if the establishment has fewer than 50
employees;
b) A fine of from 500,000
VND to 1,000,000 VND if the establishment has 50 - 99 employees;
c) A fine of from
1,000,000 VND to 3,000,000 VND if the establishment has 100 - 299 employees;
d) A fine of from
3,000,000 VND to 5,000,000 VND if the establishment has 300 - 499 employees;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) A fine of from 10,000,000
VND to 15,000,000 VND if the establishment has 1,000 - 1,499 employees;
g) A fine of from
15,000,000 VND to 20,000,000 VND if the establishment has 1,500 - 2,499
employees;
h) A fine of from
20,000,000 VND to 25,000,000 VND if the establishment has 2,500 employees or
more;
2. Any of the following
violations shall carry a fine of from 3,000,000 VND to 5,000,000 VND:
a) Provision of
information about the development of the epidemic that is inconsistent with the
information announced by competent health authorities;
b) Failure to properly
provide information about prevention and treatment of infectious diseases in
terms of time, duration, and location.
3. A fine of from
10,000,000 VND to 15,000,000 VND shall be imposed for making improper charges
for provision of information about prevention and treatment of infectious
diseases by means of mass communication, unless the contract to run a program
is signed or the program is sponsored by a Vietnamese or foreign entity.
4. A fine of from
15,000,000 VND to 20,000,000 VND shall be imposed for taking advantage of
propagation of information about prevention and treatment of infectious
diseases to threaten the security, social order, or to breaks cultural
traditions and social ethics.
5. Remedial measures:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) The illegal money
mentioned in Clause 3 of this Article must be returned.
Article
6. Violations pertaining to monitoring infectious diseases
1. The failure to report
sufferers of group A diseases shall be liable to a warning or a fine of from
200,000 VND to 500,000 VND.
2. One of the following
violations shall be liable to a fine of from 500,000 VND to 1,000,000 VND:
a) Concealment of the
development of group A diseases of oneself or of other people;
b) Failure to take the
test for group A diseases at the request of a competent authority.
Article
7. Violations pertaining biosafety at laboratories
1. Any of the following
violations shall carry a fine of from 3,000,000 VND to 5,000,000 VND:
a) Failure to ensuring
biosafety after the Certificate of biosafety level 1 is obtained;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Failure to formulate
and implement the Regulation on internal biosafety inspection;
d) Failure to comply with
the procedures for testing, collecting, moving, preserving, keeping, using,
studying, exchanging, or destroying pathology specimens related to the
pathogens of infectious diseases group C;
dd) Failure to obtain
qualifications suitable for the tests being run; failure of the supervisor and
personnel of the biosafety level 1 laboratory (BSL-1 laboratory) to obtain
certificates of training in biosafety.
2. Any of the following
violations shall carry a fine of from 5,000,000 VND to 10,000,000 VND:
a) Failure to ensuring
biosafety after the Certificate of biosafety level 2 is obtained;
b) Failure to make a plan
for preventing and responding to biosafety emergencies after the certificate of
biosafety is obtained;
c) Failure to provide
training in responses to biosafety emergencies for laboratory personnel;
d) Failure to provide
personal protective equipment for personnel of biosafety laboratory;
dd) Failure to obtain
qualifications suitable for the tests being run; failure of the supervisor and
personnel of the BSL-2 laboratory to obtain certificates of training in
biosafety level 2 or higher.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Running tests for
pathogens of group B and C diseases without a certificate of biosafety issued
by a competent authority;
b) Failure to comply with
the procedures for testing, collecting, moving, preserving, keeping, using,
studying, exchanging, or destroying pathology specimens related to the
pathogens of group B diseases;
c) Failure to obtain
qualifications suitable for the tests being run; failure of the supervisor and
personnel of the BSL-3 or BSL-4 laboratory to obtain certificates of training
in biosafety level 3 or level 4 or higher.
4. Any of the following
violations shall carry a fine of from 20,000,000 VND to 30,000,000 VND:
b) Failure to ensure
biosafety after obtaining a certificate of biosafety level 3 or level 4;
b) Running tests for
pathogens of group A diseases without a certificate of biosafety issued by a
competent authority;
c) Failure to comply with
the procedures for testing, collecting, moving, preserving, keeping, using,
studying, exchanging, or destroying pathology specimens related to the
pathogens of group A diseases.
5. Any of the following
violations shall carry a fine of from 30,000,000 VND to 40,000,000 VND:
a) Failure to practice
responding to biosafety emergencies annually at the BSL-3 or BSL-4 laboratory;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Running tests without
an appropriate certificate of biosafety or using an expired certificate of
biosafety.
6. Additional penalties:
a) Any entity that
commits the violations in Point a Clause 1, Point a Clause 2, Point a Clause 3,
Point a and Point b Clause 4 of this Article shall be suspended from testing
for 01 to 03 months;
b) Any entity that
commits the violations in Point dd Clause 1, Point dd Clause 2, Point b and
Point c Clause 3, Point b and Point c Clause 4 of this Article shall have their
practising certificate revoked for 01 to 03 months.
Article
8. Violations against regulations on using vaccines and biologicals
1. The failure to use or
obstruction of the use of vaccines and biologicals against the infectious
diseases in the open inoculation program shall be liable to a warning or a fine
of from 200,000 VND to 500,000 VND.
2. The failure to use
vaccines biologicals when living in or going to infected areas where the risk
of catching infectious diseases is high shall be liable to a fine of from
500,000 VND to 1,000,000 VND.
3. Any of the following
violations shall carry a fine of from 3,000,000 VND to 5,000,000 VND:
a) Failure to follow the
procedures for receiving, transporting, preserving, and dispensing vaccines and
biologicals;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. Any of the following
violations shall carry a fine of from 10,000,000 VND to 20,000,000 VND:
a) Using vaccines and
biologicals at an unsatisfactory facility;
b) Failure to follow the
procedure for safe inoculation as prescribed by law;
c) Selling vaccines and
biologicals of the open inoculation program.
5. A fine of from
30,000,000 VND to 40,000,000 VND shall be imposed for using expired vaccines or
using vaccines without registration numbers.
6. Additional penalties:
Any entity that commits the
violations in Point c Clause 4 and Clause 5 of this Article shall have their
practising certificate revoked for 01 to 03 months.
7. Remedial measures:
a) Illegal profit earned
from committing the violations in Point c Clause 4 of this Article must be returned;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) The vaccines without
registration numbers shall be withdrawn in event of the violations if Clause 5
of this Article.
Article
9. Violations against regulations on prevention of transmission of infectious
diseases at medical facilities
1. Any of the following
violations shall carry a warning or fine of from 100,000 VND to 300,000 VND:
a) Failure to report or
to truthfully report in a timely manner the development of infectious disease
that one catches to responsible physicians or health workers;
b) Failure to follow the
indications and instructions on how to prevent transmission of infectious
diseases of the physicians, health workers, and regulations of the medical
facility;
c) Failure to register
for health monitoring at the medical station of the commune after the sufferer
of a group A disease is discharged from the hospital.
2. Any of the following violations
shall carry a fine of from 1,000,000 VND to 2,000,000 VND:
a) Failure to provide
personal protective equipment and hygiene conditions for physicians, health
workers, patients, and their families;
b) Failure to notify the
local defensive medicine of information about the sufferers of infectious
diseases being diagnosed and treated at one’s medical facility;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Failure to monitor the
health of the physicians and health workers that directly take care and treat
the sufferers of group A diseases.
3. A fine of from
3,000,000 VND to 5,000,000 VND shall be imposed for the failure to
decontaminate, disinfect wastes, clothing, equipment, the surrounding
environment, and the vehicles used for transporting sufferers of group B and C
diseases.
4. A fine of from
7,000,000 VND to 10,000,000 VND shall be imposed for the failure to
decontaminate, disinfect wastes, clothing, equipment, the surrounding environment,
and the vehicles used for transporting sufferers of group A diseases.
5. Any of the following
violations shall carry a fine of from 20,000,000 VND to 30,000,000 VND:
a) Refusal to admit
sufferers of group A diseases to the medical facility;
b) Failure to take
measures for preventing the transmission of group A diseases
6. Remedial measures:
Any entity that commits
the violation in Point a Clause 5 of this Article shall be compelled to admit
sufferers of group A diseases.
Article
10. Violations against regulations on isolation and enforced isolation
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failure to apply
isolation or enforced isolation where necessary as prescribed by law, except
for the case in Point a Clause 2 of this Article;
b) Refusal or avoidance
of isolation or enforced isolation by competent authorities, except for the
case in Point b Clause 2 of this Article;
c) Failure to enumerate
and monitor the health of the persons in contact with the persons kept in isolation
as prescribed by law;
d) Applying isolation or
enforced isolation at unsatisfactory places as prescribed by law.
2. Any of the following
violations shall carry a fine of from 5,000,000 VND to 10,000,000 VND:
a) Failure to keep sufferers
of group A diseases in isolation;
b) Refusing to or
avoiding keeping sufferers of group A diseases, the subjects in quarantine that
carry group A diseases or pathogens of group A diseases.
3. Remedial measures:
Isolation shall be
enforced in event of the violations in Point a and Point b Clause 1, Clause 2
of this Article.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Any of the following
violations shall carry a warning or fine of from 100,000 VND to 300,000 VND:
a) Failure to provide
personal protective equipment for the participants in epidemic prevention and
the people at risk of catching diseases according to instructions of health
authorities;
b) Failure to notify the
local People’s Committee and defensive medicine body of the cases of infection.
2. Any of the following
violations shall carry a fine of from 1,000,000 VND to 2,000,000 VND:
a) Concealing the
infection of oneself or of other people after the epidemic is announced;
b) Failure or refusal to
carry out cleaning and disinfection in the infected area.
3. Any of the following
violations shall carry a fine of from 2,000,000 VND to 5,000,000 VND:
a) Failure to participate
in epidemic prevention at the request of Epidemic Prevention Council;
b) Making charges for
diagnosis and treatment of group A diseases;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. Any of the following
violations shall carry a fine of from 5,000,000 VND to 10,000,000 VND:
a) Failure to suspend the
operation of public food and drink establishments at risk of spreading the
disease in the infected area;
b) Failure to impose a
ban on the foods that are vectors of pathogens;
c) Failure to take
measures for preventing crowds or to suspend the businesses at public places.
5. Any of the following
violations shall carry a fine of from 10,000,000 VND to 20,000,000 VND:
a) Failure to comply with
decisions on inspection, supervision, and medical procedures before leaving or
entering an area infected with a group A disease;
b) Bringing the items,
animals, foods, and other goods at risk of spreading the disease out of an area
infected with a group A disease;
c) Failure to implement
the decision on compelled destruction of animals, plants, and other organisms
that are vectors of group A diseases.
6. Any of the following
violations shall carry a fine of from 20,000,000 VND to 30,000,000 VND:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Failure to comply with
the decision to ban gatherings in the area where a state of emergency over the
epidemic is declared;
c) Taking unauthorized
people or vehicles to the area where a state of emergency over the epidemic is
declared;
d) Failure to comply with
the decision to ban gatherings in the area where a state of emergency over the
epidemic is declared;
7. Remedial measures:
a) Cleaning and
disinfection must be carried out in the infected area in event of the violation
mentioned in Point b Clause 2 of this Article;
b) The illegal money
mentioned in Point b Clause 3 of this Article must be returned. Such amount shall
be transferred to government budget if the recipients are not identifiable;
c) The animals, plants,
and other organisms must be destroyed in event of the violation in Point c
Clause 5 and Point d Clause 6 of this Article.
Article
12. Violations against regulations on bordering quarantine
1. Any of the following
violations shall carry a fine of from 1,000,000 VND to 2,000,000 VND:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Refusal to inspect the
subjects in quarantine.
2. Any of the following
violations shall carry a fine of from 2,000,000 VND to 5,000,000 VND:
b) Refusal to comply with
instructions of quarantine officers;
b) Failure’s of the owner
of inbound watercraft to signal the request of quarantine;
c) Failure to take
measures for prevention of mice and other vectors on the vehicles when they are
parking or anchoring at night or for more than 24 hours at the border
checkpoint or quarantine post;
d) Failure to contact the
quarantine office at the border checkpoint by radio before landing the airplane
in case a passenger or crewmember on the flight is suspected of being infected.
3. Any of the following
violations shall carry a fine of from 5,000,000 VND to 10,000,000 VND:
a) Falsifying the
certificate of quarantine;
b) Transporting corpses,
bones, bioproducts, bacteria, human organs, tissues, blood, and constituents of
blood through the border checkpoint without undergoing an inspection and issued
with a certificate of quarantine by the quarantine office;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. Any of the following
violations shall carry a fine of from 15,000,000 VND to 20,000,000 VND:
a) Failure to treat and
keep the people, vehicles, and goods that carry pathogens of group A diseases
in isolation or quarantine;
b) Fabricating the
certificate of quarantine.
5. Remedial measures:
a) The people, vehicles,
and goods that carry pathogens of group A diseases shall be treated, kept in
isolation or quarantine in event of the violation in Point a Clause 4 of this
Article;
b) The certificate of
quarantine shall be destroyed in event of the violation in Point a Clause 3 and
Point b Clause 4 of this Article.
Article
13. Violations against regulations on defensive medicine
A fine of from 500,000
VND to 1,000,000 VND shall be imposed for employing sufferers to do the jobs
that threaten to spread infectious diseases.
Article
14. Violations against regulations on water and air hygiene
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. A fine of 1,000,000
VND to 2,000,000 VND shall be imposed for dumping ≥ 1 m3 of rubbish,
excreta of human and animals per 24 hours to water sources used for household
purposes or to public places.
3. Any entity that
provides less than 1,000 m3 of water per 24 hours serving household
purposes or to public places shall get a fine of from 5,000,000 VND to
10,000,000 VND for any of the following violations:
a) Failure to adhere to
eh regulations on inspecting and monitoring the water quality according to
national standards of quality of water for household purposes;
b) Provision of water for
household purposes that fails to meet national standards of quality of water
for household purposes.
4. Any entity that
provides ≥ 1,000 m3 of water per 24 hours serving household purposes
or to public places shall get a fine of from 5,000,000 VND to 10,000,000 VND
for committing any of the violations in Point a and Point b Clause 3 of this
Article.
5. Remedial measures:
Environmental pollution
must be controlled in case of the violations mentioned in Clause 1 and Clause 2
of this Article.
Article
15. Violations against regulations on burial and cremation
1. Any of the following
violations shall carry a warning or fine of from 200,000 VND to 500,000 VND:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Failure to use
personal protective equipment during the burial or cremation;
c) Failure to keep a
record of the information related to the funerals at the funeral parlor or
crematory.
2. Any of the following
violations shall carry a fine of from 2,000,000 VND to 5,000,000 VND:
a) Failure to ensure
hygiene conditions at the funeral parlor or crematory;
b) Violations against
regulations on delay of reinterment.
3. Any of the following violations
shall carry a fine of from 5,000,000 VND to 10,000,000 VND:
a) Failure to adhere to
the hygiene regulations when handling, transporting, embalming dead bodies of
sufferers of group A diseases and some of group B diseases in the list of
infectious diseases that require isolation.
b) Failure to properly
prepare dead bodies of the sufferers of group A diseases and some of group B
diseases in the list of infectious diseases that require isolation;
c) Failure to adhere to
the laws on mass burial.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failure to comply with
regulations on preparing dead bodies, bones, and the surroundings when moving a
cemetery before appropriate time for reinterment;
b) Using land that was a
cemetery without environmental impact assessment and environment sanitation
suitable for the level of pollution, except for the case in Point a Clause 5 of
this Article.
5. Any of the following
violations shall carry a fine of from 20,000,000 VND to 30,000,000 VND:
a) Using land that was a
cemetery for one of the following purposes: extracting underground water
serving household purposes; building public works such as resort, amusement
park, kindergarten, school, sanitarium without environmental impact assessment
and environment sanitation suitable for the level of pollution;
b) Using illegal
cremation technologies.
6. Remedial measures:
Environmental pollution
must be controlled in event of the violations mentioned in Clause 5 of this
Article.
Article
16. Violations against regulations on medical setting
1. A fine of from 500,000
VND to 1,000,000 VND shall be imposed for dumping the substances and items that
threaten to spread the infectious diseases and cause an epidemic to break out.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. A fine of from
20,000,000 VND to 30,000,000 VND shall be imposed for building a industrial
park, urban area, residential area, medical facility without assessment of
impact on health.
Article
17. Violations against regulations on dissemination of information about
HIV/AIDS prevention
1. Any establishment that
fails to carry out annual dissemination of information about HIV/AIDS
prevention among employees shall be given:
a) A warning or a fine of
from 200,000 VND to 500,000 VND if the establishment has fewer than 50
employees;
b) A fine of from 500,000
VND to 1,000,000 VND if the establishment has 50 - 99 employees;
c) A fine of from
1,000,000 VND to 2,000,000 VND if the establishment has 100 - 199 employees;
d) A fine of from
2,000,000 VND to 5,000,000 VND if the establishment has 200 - 499 employees;
dd) A fine of from
5,000,000 VND to 10,000,000 VND if the establishment has 500 - 999 employees;
e) A fine of from
10,000,000 VND to 15,000,000 VND if the establishment has 1,000 - 1,499
employees;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
h) A fine of from
20,000,000 VND to 25,000,000 VND if the establishment has 2,000 - 2,499
employees;
i) A fine of from
25,000,000 VND to 30,000,000 VND if the establishment has 2,500 employees or
more.
2. Any of the following
violations shall carry a fine of from 5,000,000 VND to 10,000,000 VND:
a) Provision of different
information about the development of HIV/AIDS pandemic from that announced by
competent authorities;
b) Obstruction of
dissemination of information about HIV/AIDS prevention;
c) Refusal to cooperate
with local HIV/AIDS prevention body in disseminating information about HIV/AIDS
prevention;
d) Failure to strictly
adhere to the laws on posting information about HIV/AIDS prevention in terms of
time, duration, and locations.
3. Any of the following
violations shall carry a fine of from 10,000,000 VND to 15,000,000 VND:
a) Failure to adhere to
the law on posting information about HIV/AIDS prevention in terms of time,
duration, and locations;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Revealing that a
person is infected with HIV without the person’s consent, unless such
information is provided to serve the HIV/AIDS epidemiological surveillance or
when a HIV test result is given;
d) Taking advantage of
propagation of information about HIV/AIDS prevention to threaten the security,
social order, or to breaks cultural traditions and social ethics.
4. Any of the following
violations shall carry a fine of from 15,000,000 VND to 20,000,000 VND:
a) Fabricating
information about a healthy person’s being infected with HIV;
b) Publicizing the name,
address, or picture of an HIV sufferer without the person’s consent, unless
such information is provided to serve the HIV/AIDS epidemiological surveillance
or when a HIV test result is given;
c) Using pictures or
messages that discriminate against HIV sufferers and their families for
propagation.
5. Remedial measures:
a) Incorrect information
must be rectified by means of mass communication for 03 consecutive days in
event of the violations in Point a Clause 2 of this Article;
b) The illegal money
mentioned in Point b Clause 3 of this Article must be returned. Such amount
shall be transferred to government budget if the recipients are not
identifiable;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) The HIV sufferers and
their families must be offered apologies by means of mass communication for 03
days in event of the violations mentioned in Point c Clause 3 and Point c
Clause 4 of this Article, unless public apologies are not accepted by the HIV
sufferers;
Article
18. Violations against regulations on HIV testing and counseling
1. Any of the following
violations shall carry a fine of from 1,000,000 VND to 3,000,000 VND:
a) Obstruction of the
right to access HIV/AIDS prevention counseling services;
b) Failure to provide
counseling on HIV/AIDS prevention while tending or treating pregnant or
breast-feeding HIV sufferers, or the people exposed to HIV;
c) Failure to follow the
counseling procedure before and after the HIV testing;
d) Providing counseling
on HIV/AIDS prevention at an unsatisfactory facility;
dd) Violations against
regulations on reporting back the list of HIV sufferers during HIV/AIDS
surveillance as prescribed by law;
e) Violations against
regulations on retention of test results, retention and destruction of blood
samples, blood bags, blood products, and HIV specimens;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Any of the following
violations shall carry a fine of from 3,000,000 VND to 5,000,000 VND:
a) Failure to provide
counseling before and after the HIV testing;
b) Violations against
regulations on the time to notify positive HIV test result;
c) Violations against
regulations on the procedure for notifying positive HIV test result;
d) Violations against
regulations on transport and delivery of notifications of positive HIV test
result;
dd) Collecting money from
the people required to test for HIV when a background check is requested or
under a decision of an investigation body, the People’s Procuracy, or People’s
Court, or pregnant women that voluntarily test for HIV when the testing cost is
covered by another source.
e) Refusal to provide
legal assistance for HIV sufferers as prescribed by law.
3. Any of the following
violations shall carry a fine of from 5,000,000 VND to 10,000,000 VND:
a) Confirming HIV test
results using the methods that are not accredited by law;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Requesting any person
under 16 years of age or incapable of civil acts to test for HIV without
written consent of their parents or guardians, unless emergency treatment is
needed.
4. Any of the following
violations shall carry a fine of from 10,000,000 VND to 20,000,000 VND:
a) Compelling the people
beyond the HIV/AIDS epidemiological surveillance program or those that are not
required to test for HIV to test for HIV as prescribed by law;
b) Testing for HIV using
expired diagnostic reagents or those that have not been licensed.
5. Additional penalties:
The practising
certificate shall be suspended for 01 - 03 months in event of the violations
mentioned in Point b Clause 4 of this Article.
6. Remedial measures:
a) The illegal money
mentioned in Point dd Clause 2 of this Article must be returned. Such amounts
shall be transferred to government budget if the recipients are not
identifiable;
b) The expired diagnostic
reagents mentioned in Point b Clause 4 of this Article must be destroyed.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A fine of from
1,000,000 VND to 2,000,000 VND shall be imposed for prescribing antiretroviral drugs
without a certificate of training in HIV/AIDS treatment.
2. Any of the following
violations shall carry a fine of from 3,000,000 VND to 5,000,000 VND:
a) Treating with
antiretroviral drugs at an unsatisfactory facility;
b) Failure to comply with
the laws on priority of access to antiretroviral drugs;
c) Failure to monitor,
provide care and counseling for HIV sufferers at rehabilitation centers;
d) Failure to provide
instructions on taking precautions against transmission of HIV for the people
exposed to HIV.
3. Any of the following
violations shall carry a fine of from 5,000,000 VND to 10,000,000 VND:
a) Failure to monitor and
provide treatment for pregnant HIV sufferers under one’s management;
b) Failure to take
precautions against transmission of HIV from the people exposed to HIV;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Failure to provide
adequate health care for HIV sufferers at social protection centers;
dd) Charging for the medicines
and treatment that have been covered by another source.
4. Any of the following
violations shall carry a fine of from 10,000,000 VND to 15,000,000 VND:
a) Refusal to treat HIV
sufferers with antiretroviral drugs while they are eligible for treatment;
b) Using the methods that
have not been permitted by competent authorities to treat HIV/AIDS.
5. Remedial measures:
The illegal money
mentioned in Point dd Clause 3 of this Article must be returned. Such amount
shall be transferred to government budget if the recipients are not
identifiable.
Article
20. Violations against regulations on harm reduction in preventing the
transmission of HIV
1. A warning or a fine of
from 50,000 VND to 100,000 VND shall be given to any communicator that commits
one of the following violations:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Using expired
communicator’s card while practicing harm reduction, unless it is permitted by
the issuer pending the issuance of the new one;
c) Falsifying or lending
the communicator’s card.
2. Any of the following
violations shall carry a fine of from 500,000 VND to 1,000,000 VND:
a) Failure to announce
the harm reduction in prevention of HIV transmission organized by the People’s
Committee and the police department of the commune;
b) Failure to present and
transfer a photocopy of the medical records of the patients treated with
antiretroviral drugs to the new facility, which is more convenient to them;
c) Failure to receive
valid medical records of the patients treated with antiretroviral drugs sent by
another facility;
b) Termination of
substitution treatment for opioid dependence, unless otherwise permitted by
law.
3. Any of the following
violations shall carry a fine of from 3,000,000 VND to 5,000,000 VND:
a) Using the
communicator’s card for improper purposes or beyond the scope of the harm
reduction program;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Failure to follow the
procedure for selecting opioid addicts being treated;
d) Stop following the
regimen of substitution treatment for opioid dependence as prescribed by law;
dd) Failure to keep
treating the patients sent by other facilities who have been treated with
antiretroviral drugs;
e) Accommodation
establishments failing to provide condoms.
4. Any of the following
violations shall carry a fine of from 10,000,000 VND to 20,000,000 VND:
a) Giving substitution
treatment for opioid dependence without appointment or certificates of training
in substitution treatment for opioid dependence;
b) Selling condoms and
needles that are supposed to be provided free of charge according to law, or
selling subsidized condoms and needles at higher prices;
c) Obstruction of harm
reduction in prevention of HIV transmission;
d) Failure to suspend and
revoke the communicator’s card when its holder is found committing the
violations that lead to the suspension and revocation of the card;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) Forcing the people
addicted to opioids to treat their addiction in any shape or form.
5. Any of the following
violations shall carry a fine of from 20,000,000 VND to 30,000,000 VND:
a) Selling opioid
substitutes that are supposed to be provided free of charge, or providing such
substitutes for the facilities that are not permitted to treat opioid
addiction.
b) Providing substitution
treatment for opioid dependence without adequate conditions or without a
operating license;
c) Failure to print the
text “Provided free of charge. Not for sale” on the package or label of the
condoms, needles that belong to the harm reduction program;
d) Taking advantage of substitution
treatment for opioid dependence to illegally use or allowing other people to
illegally use narcotics.
6. Additional penalties:
a) The communicator’s
card shall be revoked in event of the violation mentioned in Point c Clause 1
of this Article;
b) The practising
certificate shall be suspended for 01 - 03 months in event of the violations
mentioned in Point d Clause 3 and Point a Clause 4 of this Article;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
7. Remedial measures:
Illegal profit earned
from violations mentioned in Point a Clause 5 of this Article must be returned.
Article
21. Discrimination against HIV sufferers
1. Any of the following
violations shall carry a warning or fine of from 100,000 VND to 300,000 VND:
a) Obstructing the
admission of a student to an educational institution that belongs to the
national education system because that student or a member of their family is
infected with HIV;
b) Obstructing a student
from participating in the activities or service provision of an educational
institution that belongs to the national education system because that student
or a member of their family is infected with HIV;
c) Obstructing the
admission of an eligible person to a social protection center because that
person is infected with HIV;
d) Refusal to bury or
cremate the people that die of HIV/AIDS.
2. Any of the following
violations shall carry a fine of from 5,000,000 VND to 10,000,000 VND:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Refusal to admit a
student to the educational institutions that belong to the national education
system because that student or a member of their family is infected with HIV;
c) Refusal to admit an
eligible person to a social protection center because that person is infected
with HIV;
d) Parents abandoning
HIV-infected underage children; guardians abandoning HIV-infected wards;
dd) Isolating,
prohibiting a student from participating in the activities or service provision
of an educational institution that belongs to the national education system
because that student or a member of their family is infected with HIV;
e) Discrimination while
providing treatment for HIV sufferers;
g) Failure to assign
appropriate jobs for HIV-infected workers as prescribed by law.
3. Any of the following
violations shall carry a fine of from 10,000,000 VND to 20,000,000 VND:
a) Terminating labor
contracts or obstructing the works of HIV-infected workers;
b) Forcing HIV-infected
workers to change their job while they still have enough health;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Disciplining or
expelling a student because that student, a member, or their family is infected
with HIV.
4. Remedial measures:
a) The bodies and bones
of HIV sufferers must be received, buried or cremated in event of the
violations mentioned in Point d Clause 1 of this Article;
b) The HIV sufferer must
be admitted in event of the violations mentioned in Points a, b, c, and d
Clause 2 of this Article;
c) The person
discriminated against must be offered apologies in event of the violation
mentioned in Point e Clause 2 of this Article;
d) The HIV-infected
workers must get back their old job in event of the violations mentioned in
Point b Clause 3 of this Article.
Article
22. Violations against other regulations on HIV/AIDS prevention
1. Any of the following
violations shall carry a fine of from 2,000,000 VND to 5,000,000 VND:
a) Requesting workers to
test for HIV or to present HIV test results, except for the jobs that require a
test for HIV before employment;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. A fine of from
5,000,000 VND to 10,000,000 VND shall be imposed for violations against the
regulations on blood transfusion, sterilization, disinfection, or other
regulations on prevention of HIV infection.
3. Any of the following
violations shall carry a fine of from 10,000,000 VND to 20,000,000 VND:
a) Threatening to
transmit HIV to other people;
b) taking advantage of
HIV/AIDS prevention activities for self-seeking purposes or committing illegal
acts.
Article
23. Violations against regulations on smoke-free areas
1. Any of the following
violations shall carry a warning or fine of from 100,000 VND to 300,000 VND:
a) Smoking in smoke-free
areas. Smoking on the plane shall carry the penalties prescribed by the
regulations on civil aviation;
b) Discarding cigarette
ash or filters improperly in smoking areas.
2. Any of the following
violations shall carry a fine of from 3,000,000 VND to 5,000,000 VND:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Failure to request
smokers to stop smoking in one’s establishment;
c) Failure to provide
instructions and inspect the adherence to the smoking ban in the areas under
one’s management.
3. A fine of from
5,000,000 VND to 10,000,000 VND shall be imposed for any of the following
violations in designated smoking areas:
a) Failure to provide a
ventilation system separated from the smoke-free area;
b) Failure to provide
ashtrays;
c) Failure to put up the
signs at noticeable positions;
d) Failure to have fire
safety equipment;
Article
24. Violations against regulations on selling tobacco
1. A warning or a fine of
from 100,000 VND to 300,000 VND shall be imposed for using tobacco before the
age of 18.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) Displaying more than
one pack or box of a tobacco brand;
b) Selling tobacco
without labels or without health warnings printed on the package.
3. Remedial measures:
The tobacco without labels
or health warnings shall be confiscated in event of the violation mentioned in
Point b Clause 2 of this Article.
Article
25. Violations against regulations on labeling or printing health warnings on
the tobacco packages
1. Any of the following
violations shall carry a fine of from 20,000,000 VND to 30,000,000 VND:
a) The design, position,
area, or color of the health warnings is not conformable with law;
b) Failure to specify the
number of cigarettes in the pack or the weight of other forms of tobacco;
c) Using words and
phrases that mislead users into believing that tobacco only causes little
harms, or cause users to misunderstand the harms of tobacco and tobacco smoke
to human health.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Producing or importing
tobacco without labeling or printing health warnings on the packages;
b) Producing foreign
brands of tobacco for sale at home without permission of competent authorities.
3. Additional penalties:
a) The license to
produce, trade, or import tobacco shall be suspended for 03 - 06 months in
event of the violations mentioned in Clause 1 of this Article;
b) All illegal items
shall be confiscated in event of the violations mentioned in Clause 2 of this
Article.
Article
26. Violations against regulations on smoking cessation
1. A warning or a fine of
from 100,000 VND to 300,000 VND shall be given to any smoking cessation
counselor that uses tobacco.
2. Any of the following violations
shall carry a fine of from 1,000,000 VND to 2,000,000 VND:
a) Illegal establishment
of a smoking cessation-counseling center or smoking cessation center;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Failure to have
documents about smoking cessation.
b) Failure to have a
telephone, Internet, or other means of communication serving indirect smoking
cessation counseling;
dd) Failure to notify the
local Services of Health before providing smoking cessation services or
counseling.
Article
27. Violations against other regulations on prevention of harmful effects of
tobacco
1. A fine of from 500,000
VND to 1,000,000 VND shall be imposed for encouraging other people to use
tobacco.
2. Any of the following
violations shall carry a fine of from 3,000,000 VND to 5,000,000 VND:
a) Using pictures of
tobacco on the publications for children;
b) Forcing other people
to use tobacco;
c) Failure to include the
prevention of harmful effects of tobacco in annual operating plan; failure to
include the ban on smoking in workplaces in the internal rules.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Using tobacco names,
brands, or symbols on other products/services;
b) Advertising tobacco
directly to consumers in any shape or form;
c) Making the mandatory
contribution behind schedule;
d) Incorrect declaration
that leads to insufficient contribution.
4. Any of the following
violations shall carry a fine of from 30,000,000 VND to 40,000,000 VND:
a) Sponsoring in any
shape or form, except for the cases permitted by law.
b) Avoiding making the
mandatory contribution.
5. Remedial measures:
a) The products shall be
confiscated in event of the violation mentioned in Point a Clause 3 of this
Article;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) The contribution
arrears must be paid in event of the violations in Point b Clause 4 of this
Article.
SECTION
2. VIOLATIONS AGAINST REGULATIONS ON MEDICAL EXAMINATION AND TREATMENT
Article
28. Violations against regulations on medical practicing and using practising
certificates
1. Any of the following
violations shall carry a warning or fine of from 200,000 VND to 500,000 VND:
a) Using alcohol or
tobacco while giving examination or treatment;
b) Failure to wear name
tags;
c) Failure to wear
personal protective equipment.
2. A warning or a fine of
from 1,000,000 VND to 3,000,000 VND shall be imposed for disrespect for patients’
rights as prescribed by law.
3. Any of the following
violations shall carry a fine of from 5,000,000 VND to 10,000,000 VND:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Self-seeking provision
of a medical service or self-seeking suggestion that the patient should go to
another medical facility0}
c) Taking advantage of
one’s job to sexually harass the patient;
d) Any foreigner that
directly give medical examination and treatment in Vietnamese without being
recognized as proficient in Vietnamese, or in a language other than Vietnamese
without registration;
dd) Prescribing medicines
in a language other than Vietnamese without registration, or the translator is
not recognized as proficient in Vietnamese.
e) Falsifying the medical
records;
g) Using superstitious
methods when practicing medicines.
4. Any of the following
violations shall carry a fine of from 20,000,000 VND to 30,000,000 VND:
a) Selling drugs to
patients in any shape or form, except for traditional medicine practitioners;
b) Giving or taking
bribes during medical examination and treatment but below the level that
constitutes a criminal offence.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Practicing without a
practising certificate;
b) Practicing while the
practising certificate is revoked or suspended;
c) Practicing beyond the
licensed scope, except for emergency treatment;
d) Practicing using a
borrowed or rented practising certificate;
dd) Renting or lending
the practising certificate to another person;
e) Failure to provide
emergency treatment; refusal to examine or treat patients, except for the cases
permitted by law.
6. Expulsion
Any foreigner that
recommits one of the violations in Point a and Point b Clause 5 of this Article
shall be expelled from Vietnam.
7. Additional penalties:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) The practising
certificate shall be suspended for 03 - 06 months in event of the violations
mentioned in Point a and Point b Clause 5 of this Article.
8. Remedial measures:
The patient must be
offered apologies in event of the violation in Point c Clause 3 of this
Article.
Article
29. Violations against regulations on operating conditions and the use of the
operating license of the medical facility
1. Any of the following
violations shall carry a fine of from 1,000,000 VND to 2,000,000 VND:
a) Operating without a
signboard or using a signboard that is not consistent with the operating
license;
b) Failure to announce
the practitioner’s name, working time, or charges.
2. Any of the following
violations shall carry a fine of from 3,000,000 VND to 5,000,000 VND:
a) Failure to notify the
licensing authority of the replacement of the person in charge of expertise of
the facility;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Collecting higher
charges for the medical examination and treatment services higher than the
posted ones;
d) Failure to ensure
adequate infrastructure, equipment or personnel during the operation.
3. Any of the following
violations shall carry a fine of from 10,000,000 VND to 20,000,000 VND:
a) Refusal to admit
patients that are put on compulsory treatment orders; deliberate provision of
compulsory treatment for the individuals that are not put on compulsory
treatment orders;
b) Failure to process
medical wastes at the medical facilities other than hospitals and general
clinics;
c) Operating at a place
other than that written in the license.
4. Any of the following
violations shall carry a fine of from 20,000,000 VND to 30,000,000 VND:
a) Failure to ensure
necessary conditions for medical examination and treatment within the licensed
scope;
b) Employing the
practitioners that do not have practising certificates or that have their
practising certificates suspended or revoked;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. Any of the following
violations shall carry a fine of from 30,000,000 VND to 40,000,000 VND:
a) Using a borrowed or
rented operating license;
b) Lending or renting the
operating license;
6. Any of the following
violations shall carry a fine of from 50,000,000 VND to 70,000,000 VND:
a) Providing medical
examination and treatment services without operating license or while the
operation is suspended;
b) Providing medical
examination and treatment services beyond the scope in the operating license,
except for emergency treatment;
c) Experimenting or
applying new methods for medical examination and treatment without the approval
of the Minister of Health or the Director of the Service of Health.
7. Additional penalties:
a) The operating license
shall be suspended for 03 - 06 months in event of the violations mentioned
in Point c Clause 3, Point b Clause 4, Point b Clause 5, Point b and
Point c Clause 6 of this Article;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
8. Remedial measures:
The difference mentioned
in Point c Clause 2 of this Article must be returned. Such amounts shall be
transferred to government budget if the recipients are not identifiable.
Article
30. Violations against regulations on expertise
1. Any of the following
violations shall carry a warning or fine of from 200,000 VND to 500,000 VND:
a) Failure to keep
medical records or keeping insufficient medical records as prescribed by law;
b) Failure to keep
medical records or keeping insufficient medical records as prescribed by law;
c) Failure to keep a log
of outpatients;
d) Failure to retain
medical records as prescribed by law,
2. Any of the following
violations shall carry a fine of from 2,000,000 VND to 5,000,000 VND:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Abandoning dead
patients;
c) Failure to provide
medical examination and treatment as prescribed by law.
3. Any of the following violations
shall carry a fine of from 5,000,000 VND to 10,000,000 VND:
a) Failure to hold a
consultation when the sickness is beyond the competence of the practitioner or
the facility;
b) Failure to hold a
degree when the sickness worsens does not respond well to treatment;
c) Failure to take
measures for controlling bacterial contamination in the medical facility.
4. A fine of from
10,000,000 VND to 15,000,000 VND shall be imposed on any medical facility that
fails to move the patient to another facility when the patient’s condition is
beyond their competence.
5. Any of the following
violations shall carry a fine of from 15,000,000 VND to 20,000,000 VND:
a) Performing a surgery
or surgical intervention without the consent of the patient of their
representative, unless the opinions of the patient or their representative
cannot be obtained, or the patient’s life is threatened if the surgery or
surgical intervention is not performed;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
6. A fine of from
30,000,000 VND to 40,000,000 VND shall be imposed for any violation against
regulations on expertise during medical examination and treatment that results
in medical complications.
7. Additional penalties:
The practising
certificate shall be suspended for 03 - 06 months in event of the violations
mentioned in Clause 6 of this Article.
Article
31. Violations against regulations on using drugs at in-patients facilities
1. Any of the following
violations shall carry a fine of from 1,000,000 VND to 2,000,000 VND:
a) Giving a prescription
without sufficient, clear or accurate information about the names, quantity,
concentrations, dosages, administration routes of drugs, and the drug use
duration;
b) Failure to check the
prescriptions, concentrations, administration routes, names, quantity, and
quality of drugs; failure to compare the prescription with information about
the concentration, quantity, and expiration dates when drugs are given to
patients or the person appointed to dispense drugs;
c) Failure to check
patient’s name, names, dosage forms, concentrations, dosage, administration
routes of drugs and drug use duration before having the patient to use them;
d) Failure to keep a log
of the drug dispensing time;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) Failure to identify
and report complications after drugs are used to the responsible for
practitioner.
2. A fine of from
5,000,000 VND to 10,000,000 VND shall be imposed for the failure to monitor the
effects of drugs and to deal with complications caused by drugs of one’s
patients.
3. A fine of from
10,000,000 VND to 20,000,000 VND shall be imposed for self-seeking prescription
of expensive proprietary medicines.
4. A fine of from
40,000,000 VND to 50,000,000 VND shall be imposed on the use of unlicensed
drugs for medical examination and treatment, unless the patient voluntarily
participates in the clinical trial.
5. Additional penalties:
The practising
certificate shall be suspended for 03 - 06 months in event of the violations
mentioned in Clause 4 of this Article.
Article
32. Violations against regulations on massage services
1. Any of the following
violations shall carry a warning or fine of from 200,000 VND to 500,000 VND:
a) Failure to put up or
to properly put up the massage procedure in massage rooms;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Giving massages
without a certificate issued by a competent authority.
2. Any of the following
violations shall carry a fine of from 2,000,000 VND to 5,000,000 VND:
a) Failure to have
satisfactory massage beds;
b) Failure to install
emergency bells in massage rooms;
c) Failure to ensure
sufficient lighting and cleanliness as prescribed by law;
d) Failure to have
massage rooms with sufficient areas as prescribed by law;
dd) Failure to have a
cabinet of emergency drugs; the drugs in the cabinet are not sufficient or
expired.
3. Any of the following
violations shall carry a fine of from 5,000,000 VND to 10,000,000 VND:
a) Failure to install
satisfactory doors in massage rooms;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
33. Violations against regulations on childbirth assistance
1. A fine of from
5,000,000 VND to 10,000,000 VND shall be imposed for revelation of the names,
ages, addresses, or pictures of the donors and recipients of sperms or embryos.
2. Any of the following
violations shall carry a fine of from 30,000,000 VND to 40,000,000 VND:
a) Donating/receiving
eggs, sperms, or embryos without permission;
b) Failure to ensure
sufficient conditions for childbirth assistance as prescribed by law.
3. Any of the following
violations shall carry a fine of from 60,000,000 VND to 80,000,000 VND:
a) Carrying out
surrogacy;
b) Carrying out cloning;
c) Transplanting sperms,
eggs, or embryos among blood relatives or among people within three degrees of
consanguinity.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The operation shall be suspended
for 06 - 12 months in event of the violations mentioned in Clause 2 and Clause
3 of this Article.
Article
34. Violations against regulations on donation, removal and transplantation of
human tissues and organs, and body donation
1. Any of the following
violations shall carry a fine of from 30,000,000 VND to 40,000,000 VND:
a) Brokering the trading
of human organs;
b) Revealing information
about the donor and the recipient, unless otherwise agreed by both parties or
prescribed by law;
c) Taking non-regenerable
organs from a living human without written opinions from the organ donation
council.
2. Any of the following
violations shall carry a fine of from 60,000,000 VND to 80,000,000 VND:
a) Taking, transplanting,
using, keeping human tissues or organs for commercial purposes;
b) Taking, transplanting
human tissues or organs without being recognized by a competent authority as
eligible for tissue or organ transplantation.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Forcing other people
to donate their tissues or organs; taking a person’s tissues or organs against
his will;
b) Taking tissues or
organs from a person under 18 years of age;
c) Transplanting tissues
or organs of a person that suffers from one of the diseases in the list
complied by a competent authority.
4. Additional penalties:
The operating license
shall be suspended for 03 - 06 months in event of the violations mentioned in
Point b Clause 2, Point b and Point c Clause 3 of this Article.
Article
35. Violations against regulations on sex reassignment
1. Any of the following
violations shall carry a fine of from 2,000,000 VND to 5,000,000 VND:
a) Revelation of
information about a person’s sex reassignment;
b) Discrimination against
the people that have their sex reassigned.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Performing sex
reassignment on the individuals without gender identity disorder;
b) Performing sex reassignment
surgery without the permission of the Minister of Health or the Director of the
Service of Health.
3. Remedial measures:
The person discriminated
against must be offer apologies in event of the violation mentioned in Point b
Clause 1 of this Article.
Article
36. Violations against other regulations on medical examination and treatment
1. Any of the following
violations shall carry a warning or fine of from 200,000 VND to 500,000 VND:
a) Failure to cooperate
with the practitioners and the medical facility during medical examination and
treatment;
b) Failure to comply with
the practitioners’ orders, except for the case in which the patient is entitled
to refuse treatment;
c) Failure to comply with
the rules and regulations of the medical facility.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Insulting the
practitioners during medical examination and treatment;
b) Failure to comply with
the mobilization of competent authorities in event of a natural disaster,
calamity, or epidemic.
3. Any of the following
violations shall carry a fine of from 2,000,000 VND to 5,000,000 VND:
a) Failure to pay the
medical cost, unless they are exempt or reduced by law;
b) Failure to establish
an expertise council to determine whether medical errors are committed when a
dispute over medical examination and treatment arises or when a complication
develops
4. A fine of from
20,000,000 VND to 30,000,000 VND shall be imposed for harming the health or
threatening the life of the practitioner during medical examination and
treatment.
5. Remedial measures:
The practitioner must be
offered apologies in event of the violations in Point a Clause 2 and Clause 4
of this Article.
SECTION
3. VIOLATIONS AGAINST REGULATIONS ON PHARMACY, COSMETICS, AND MEDICAL EQUIPMENT
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. When committing one of
the following violations, a drug retailer shall incur a fine of from 3,000,000
VND to 5,000,000 VND, a drug wholesaler, a provider of preservation services, a
provider of drug testing services, or a foreign doing drug and drug ingredient
business in Vietnam shall incur a fine of from 5,000,000 VND to 8,000,000 VND:
a) The person in charge
of expertise being absent without delegating the job to another person;
b) Manufacturing,
wholesaling, retailing, providing preservation services or testing services
without the certificate of good practice; or using an expired certificate of
good practice;
c) Failure to keep a log
of the sale and purchase of drugs as prescribed by law.
2. When committing one of
the following violations, a drug retailer shall incur a fine of from 5,000,000
VND to 10,000,000 VND, a drug wholesaler, a provider of preservation services,
a provider of drug testing services, or a foreign doing drug and drug
ingredient business in Vietnam shall incur a fine of from 10,000,000 VND to
20,000,000 VND:
a) Selling drugs without
a pharmaceutical practice certificate or while the certificate is being
suspended;
b) Selling drugs without a
certificate of eligibility for drug business or while the certificate is being
suspended;
c) Using a fabricated,
rented, or borrowed pharmaceutical practice certificate, certificate of
eligibility for drug business, relevant qualifications, or license for drug and
drug ingredient business in Vietnam;
d) Selling drugs at a
place other than that written in the certificate of eligibility for drug
business;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Additional penalties:
a) The pharmaceutical
practice certificate shall be suspended for 01 - 03 months in event of the
violations mentioned in Point a Clause 1 and Point c Clause 2 of this Article;
b) The certificate of
eligibility for drug business or the license for drug and drug ingredient
business in Vietnam shall be suspended for 01 - 03 months in event of the
violations mentioned in Point d and Point dd Clause 2 of this Article.
Article
38. Violations against regulations on drug registration
1. Any of the following
violations shall carry a fine of from 3,000,000 VND to 5,000,000 VND:
a) Failure to send
reports or provide information about the registration of drugs in Vietnam,
responsibilities of drug-registering facilities, drug-manufacturing facilities
for competent authorities, unless a written satisfactory explanation is
provided;
b) Failure to retain and
present the application for drug registration and documents about drug batches
to competent authorities at their request.
2. A fine of from
5,000,000 VND to 10,000,000 VND shall be imposed for the applicant’s failure to
cooperate with the manufacturer, or importer to recall the drugs with
inadequate quality, safety, or effectiveness at the request of a competent
authority or upon the applicant’s discovery.
3. Any of the following
violations shall carry a fine of from 15,000,000 VND to 20,000,000 VND:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Providing technical
documents and relevant information, including documents about quality
standards, manufacturing methods, and stability without actual experiments or
manufacturing; providing the application for drug registration that is not
conformable with law;
c) Submitting drug
samples other than those written in the application for drug registration;
d) Providing documents
and information about the effects, safety, and effectiveness of drugs without
supporting documents or scientific evidence.
4. Remedial measures:
Competent authorities
shall be requested to revoke drug registration numbers in event of the
violation mentioned in Point a Clause 3 of this Article.
Article
39. Violations against regulations on drug manufacturing
1. A fine of from
10,000,000 VND to 15,000,000 VND shall be given to any drug manufacturer that
commits one of the following violations:
a) Failure to notify
competent authorities of minor changes or change of the manufacturing location
in the application for drug registration;
b) Failure to employ
qualified for drugs inspection and drug management;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Failure to retain drug
manufacturing documents as prescribed by law.
2. A fine of from
15,000,000 VND to 25,000,000 VND shall be incurred by any drug manufacturer
that commits one of the following violations:
a) Failure to follow the
standard operating procedure during the registered drug manufacturing process;
b) Failure to comply with
the laws on manufacturing or traditional medicines and herbal medicines;
c) Failure to reach
quality standard level 3 as prescribed by law;
d) Manufacturing products
other than drugs using the drug manufacturing line.
3. A fine of from
30,000,000 VND to 40,000,000 VND shall be incurred by any drug manufacturer
that commits one of the following violations:
a) Failure to comply with
the laws on changes to the application for drug registration, except for the
case in Point a Clause 1 Article 44 of this Decree;
b) Failure to recall
drugs with inadequate quality or safety at the request of competent authorities
or upon the manufacturer’s discovery;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Manufacturing drugs
for sales after the registration number has expired, unless otherwise permitted
the Minister of Health;
dd) Using substandard
packages in physical contact with drugs.
4. Any of the following
violations shall carry a fine of from 40,000,000 VND to 50,000,000 VND:
a) Manufacturing drugs
that fail to reach quality standards level 1 as prescribed by law;
b) Manufacturing drugs at
a facility that has not obtained a certificate of eligibility for drug
business.
5. Any of the following
violations shall carry a fine of from 50,000,000 VND to 70,000,000 VND:
a) Manufacturing drugs
for sale without registration number, except for traditional medicines and raw
herbal ingredients;
b) Using expired drug
ingredients, using ingredients that are not meant for manufacture of drugs for
humans, or using the ingredients advised against by WHO or a competent
authority because they are not safe for humans;
c) Using ingredients of
unknown origins, ingredients that are not undergo quality inspection, or
ingredients that fail to reach quality standards to manufacture drugs.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The certificate of eligibility
for drug business shall be suspended for 03 - 06 months in event of the
violations mentioned in Point a and Point b Clause 1, Clauses 2, 3, 4, and 5 of
this Article.
7. Remedial measures:
a) The drugs or other
products of substandard quality shall be destroyed in event of the violations
mentioned in Clauses 2, 3, 4, and 5 of this Article;
b) Competent authorities
shall be requested to revoke unexpired drug registration numbers in event of the
violations mentioned in Point a and Point b Clause 3, Clause 4, Point b and
Point c Clause 5 of this Article.
Article
40. Violations against regulations on wholesaling and retailing of drugs
1. A warning or a fine of
from 200,000 VND to 500,000 VND shall be imposed for retailing prescription
drugs without prescriptions.
2. Any of the following
violations shall carry a fine of from 1,000,000 VND to 3,000,000 VND:
a) Retailing preprocessed
herbal ingredients that fail to meet the quality standards approved by
competent authorities;
b) The drug seller’s or
their assistants’ failure to obtain appropriate qualifications as prescribed by
law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. Any of the following
violations shall carry a fine of from 5,000,000 VND to 10,000,000 VND:
a) Failure to recall
drugs or report the recall result at the request of competent authorities;
b) Wholesaling
preprocessed herbal ingredients that fail to meet the quality standards
approved by competent authorities;
c) Failure to have a
preparation room in the drug-retailing store that prepares drugs according to
prescriptions;
d) Failure to have a
preservation room in the drug-retailing store that registered a preservation
room;
dd) Selling drugs that
belong to the national programs, selling drugs covered by health insurance, or
selling donated drugs that are not for sale, selling drugs provided as
humanitarian aid, non-commercial imported drugs, rare drugs, or drugs serving
special cases of treatment in the hospitals.
5. Any of the following
violations shall carry a fine of from 10,000,000 VND to 20,000,000 VND:
a) Retailing drugs that
fail to reach quality standards or have expired;
b) Selling drugs that
have been recalled by a competent authority;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Selling drug
ingredients, finished drugs, vaccines, or biologicals to a facility that is not
licensed for drug business;
dd) Wholesaling drugs to
an unlawful pharmaceutical facility or one that is not permitted by law to by
such drugs.
6. Any of the following
violations shall carry a fine of from 40,000,000 VND to 50,000,000 VND:
a) Wholesaling drugs that
fail to reach quality standards or have expired;
b) Selling drugs without
certificates of free sale;
c) Selling drugs of
unknown origins or banned drugs.
7. Additional penalties:
a) The pharmaceutical practice
certificate, the certificate of eligibility for drug business shall be
suspended for 01 - 03 months if drugs are not recalled at the request of
competent authorities according to Point a Clause 4 of this Article;
b) The pharmaceutical
practice certificate, the certificate of eligibility for drug business shall be
suspended for 03 - 06 months in event of the violations mentioned in Point c,
d, dd Clause 4, Points a, b, d, dd Clause 5, and Clause 6 of this
Article.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The illegal money
mentioned in Point dd Clause 4, Points a, b, c Clause 5, and Clause 6 of this
Article must be returned. Such amount shall be transferred to government budget
if the recipients are not identifiable;
b) All of the drugs
mentioned in Clause 5 and Clause 6 of this Article shall be destroyed.
Article
41. Violations against regulations on drug export and import
1. Any of the following
violations shall carry a fine of from 40,000,000 VND to 50,000,000 VND:
b) Importing drugs
without certificates of free sale;
b) Importing a drug after
it is banned in its home country;
c) Importing drugs with
insufficient remaining shelf life when they arrive at Vietnam’s port without
permission of the Minister of Health;
b) Failure to recall
drugs with inadequate quality or safety at the request of competent
authorities;
dd) Importing drug
ingredients, finished drugs, vaccines, or biologicals under entrustment by an
entity that does not have a certificate of eligibility for drug business.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Additional penalties:
The pharmaceutical
practice certificate, the certificate of eligibility for drug business shall be
suspended for 01 - 03 months in event of the violations mentioned in Points a,
b, d Clause 1, and Clause 2 of this Article.
4. Remedial measures:
The drugs or drug
ingredients mentioned in Clause 1 and Clause 2 of this Article must be
re-exported or removed from Vietnam. Otherwise, they shall be destroyed.
Article
42. Violations against regulations drug preservation
1. A fine of from 500,000
VND to 1,000,000 VND shall be incurred by any drug retailer that commits one of
the following violations:
a) Retailing drugs that
do not meet preservation conditions on their labels;
b) Failure to separate
drugs from other products.
2. Any of the following
violations shall carry a fine of from 5,000,000 VND to 10,000,000 VND:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Failure to comply with
regulations on drug preservation during the preservation or transportation of
drugs;
c) Failure to separate
drugs from other products in the drugstore.
3. Additional penalties:
The pharmaceutical
practice certificate, the certificate of eligibility for drug business shall be
suspended for 01 - 03 months in event of the violations mentioned in Point a
and Point b Clause 2 of this Article.
4. Remedial measures:
All of the drugs without
acceptable quality mentioned in Point a Clause 1 and Point b Clause 2 of this
Article shall be destroyed.
Article
43. Violations against regulations drug testing
1. Any of the following violations
shall carry a fine of from 5,000,000 VND to 10,000,000 VND:
a) Failure to follow the
regulations on good laboratory practice in the drug testing facility;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Any of the following
violations shall carry a fine of from 10,000,000 VND to 20,000,000 VND:
a) Providing drug testing
services without permission of the Minister of Health;
b) Falsifying analysis
data;
c) Testing the drug
samples other than the samples provided by the researching or manufacturing,
which are written in the application for drug registration.
3. Additional penalties:
The certificate of
eligibility for drug business shall be suspended for 01 - 03 months in event of
the violations mentioned in Clause 2 of this Article.
Article
44. Violations against regulations drug packages and labels
1. Any of the following
violations shall carry a fine of from 10,000,000 VND to 20,000,000 VND:
a) Changing the package
without permission of competent authorities;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. A fine of from
30,000,000 VND to 40,000,000 VND shall be imposed for falsifying the
information about expiration dates, indications, contraindications, dosage, and
effects on the approved labels, or using labels that are not consistent with
the granted application.
3. Additional penalties:
The certificate of
eligibility for drug business of the drug seller or the license for drug and
drug ingredient business in Vietnam of the drug distributor shall be suspended
for 01 - 03 months in event of the violations mentioned in Clause 2 of this
Article.
4. Remedial measures:
Illegal drugs in Clause 2
of this Article shall be destroyed.
Article
45. Violations against regulations on addictive drugs, psychotropic drugs, and
drug precursors
1. A fine of from
5,000,000 VND to 10,000,000 VND shall be imposed for prescribing, dispensing,
or using addictive drugs, psychotropic drugs, and drug precursors against the
law.
2. Any of the following
violations shall carry a fine of from 20,000,000 VND to 30,000,000 VND:
a) Selling or buying
addictive drugs, psychotropic medicines, and drug precursors without a plan
approved by a competent authority;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Transporting,
delivery, packaging addictive drugs, psychotropic drugs, and drug precursors
against the law.
d) Destroying addictive
drugs, psychotropic drugs, and drug precursors against the law;
dd) Failure to keep
records of and retain sufficient documents about addictive drugs, psychotropic
medicines, and drug precursors;
e) Exporting, importing
addictive drugs, psychotropic medicines, and drug precursors without license
granted by a competent authority and through an improper border checkpoint.
3. A fine of from
10,000,000 VND to 20,000,000 VND or from 30,000,000 VND to 40,000,000 VND shall
be given to any retailer or wholesaler, respectively, that sells addictive
drugs, psychotropic drugs, and drug precursors to ineligible users or to a
facility that does not have a certificate of eligibility to trade in addictive
drugs, psychotropic drugs, and drug precursors.
4. Additional penalties:
The certificate of eligibility
for drug business shall be suspended for 01 - 03 months in event of the
violations mentioned in Clause 2 and Clause 3 of this Article.
5. Remedial measures:
The drugs mentioned in
Point e Clause 2 and Clause 3 of this Article shall be destroyed.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A fine of from
5,000,000 VND to 10,000,000 VND shall be imposed for concealing information or
providing insufficient or untruthful information about the clinical trial for
the human test subjects (hereinafter referred to as participants), about the
testing process and possible risks.
2. Any of the following
violations shall carry a fine of from 10,000,000 VND to 20,000,000 VND:
a) Providing personal
information about participants without their consents;
b) Failure to report the
progress or result of the clinical trial as prescribed by law;
c) Failure to comply with
regulations on good clinical trial practice.
3. Any of the following
violations shall carry a fine of from 50,000,000 VND to 70,000,000 VND:
a) Conducting a clinical
trial without permission of the Minister of Health;
b) Changing the clinical
trial outlines or documents that have been approved by the Minister of Health;
c) Using experimental
drugs for other purposes;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) Falsifying the
clinical trial results.
4. Additional penalties:
The certificate of
eligibility for drug business and the certificate of good clinical trial practice
shall be suspended for 01 - 03 months in event of the violations mentioned in
Clause 2 and Clause 3 of this Article.
Article
47. Violations against regulations on drug price management
1. Any of the following
violations shall carry a fine of from 10,000,000 VND to 20,000,000 VND:
a) Failure to declare or
sufficiently declare drug prices as prescribed by law;
b) Failure to adjust the
declared prices after a written opinion is given by a competent authority;
c) Selling drugs at a
higher price than the declared one;
d) Failure to notify the
correct prices that have been declared to customers;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. A fine of from
10,000,000 VND to 20,000,000 VND shall be given to any hospital dispensary that
sells more drugs at higher prices than the maximum rate of retail profit
imposed by competent authorities.
3. A fine of from
20,000,000 VND to 30,000,000 VND shall be imposed for buying drugs of which the
difference between the successful bid and the cost price exceeds the maximum
rate of retail profit imposed by competent authorities.
4. Remedial measures:
The difference mentioned
in Point c Clause 1 of this Article must be returned. Such amount shall be
transferred to government budget if the recipients are not identifiable.
Article
48. Violations against regulations on cosmetic notification
1. Any of the following violations
shall carry a fine of from 20,000,000 VND to 30,000,000 VND:
a) Failure to provide
truthful information in the notification of cosmetic products.
b) Failure to notify the
cosmetic products before they are release onto the market (applied to domestic
cosmetic manufacturers or cosmetic importers).
2. Remedial measures:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Competent authorities
shall be requested to revoke the identification numbers of cosmetic notification
in event of the violation mentioned in Point a Clause 1 of this Article.
Article
49. Violations against regulations on information about pharmacy, cosmetics,
and medical equipment
1. A warning shall be
given to any pharmaceutical sales representative (hereinafter referred to as
drug rep) that does not wear a drug rep’s card while working.
2. Any of the following
violations shall carry a fine of from 5,000,000 VND to 10,000,000 VND:
a) Failure to send a
notification to the Service of Health when the drug rep works in a province
other than that on the drug rep’s card;
b) Holding a conference
to introduce drugs before submitting an application for permission to hold the
conference to a competent authority, or before the application is granted;
c) Holding a conference
or event to introduce cosmetics that is inconsistent with the application
granted by a competent authority;
d) Holding a conference
or event to introduce cosmetics using expired contents; Holding a conference or
event to introduce cosmetics before the application is granted;
dd) Failing to notify the
Service of Health of changes in the time and location of the conference or
event for cosmetic introduction, which has been approved by Services of Health;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
g) Holding a conference
or event to introduce medical equipment before the application is granted by a
competent authority.
3. Any of the following
violations shall carry a fine of from 10,000,000 VND to 20,000,000 VND:
a) Providing drug
information that is not consistent with that registered with competent
authorities; providing drug information before the application is granted;
providing drug information according to an expired document; providing drug
information before submitting the application for registration to a competent
authority, unless the drug information is exempt from registration;
b) Providing information
about the drugs that do not have registration numbers or that have expired
registration number, except for the drug information exempt from registration
and the conferences to introduce drugs to health officials;
c) Failure to monitor and
report information about drugs, their harmful effects, new information the
drugs, and deterioration in quality of the drugs to the Ministry of Health and
National Drug Intelligence Center;
d) Providing inaccurate
documents about drug information;
dd) Holding a conference
to introduce cosmetics without a identification numbers of cosmetic
notification is issued by a competent authority, or before the application for
registration is submitted;
e) Declaring that the
cosmetics have medicinal effects in a way that make consumers confuse them with
drugs;
g) Deliberately
concealing information or delaying notifying competent authorities and
customers of the problems and side effects of medical equipment.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Providing obscure
information about dietary supplements and products other than drugs in a way
that make consumers confuse them with drugs;
b) Persuading physicians
or patients into prescribing or using drugs by means of financial benefits;
c) Introducing drugs
before obtaining a drug rep's card;
d) Failure to provide
explanation and rectify illegal information at the request of competent
authorities.
5. Remedial measures:
The illegal documents and
instruments mentioned in Point b Clause 2, Points a, b, d, dd, and e Clause 3,
and Point a Clause 4 of this Article shall be destroyed.
Article
50. Violations against regulations on cosmetics manufacturing
1. Any of the following violations
shall carry a fine of from 30,000,000 VND to 40,000,000 VND:
a) Manufacturing
cosmetics without adhering to Cosmetics Good Manufacturing Practice -ASEAN or
equivalent practices accredited by ASEAN Cosmetic Committee;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Manufacturing
cosmetics of which the formulae are not consistent with the application for notification.
2. Remedial measures:
a) The cosmetics
mentioned in Point b and Point c Clause 1 of this Article shall be destroyed;
b) Competent authorities
shall be requested to revoke the identification numbers of cosmetic
notification in event of the violations mentioned in Point b and Point c Clause
1 of this Article.
Article
51. Violations against regulations on selling cosmetics
1. Any entity that
commits one of the following violations shall incur a fine of from 5,000,000
VND to 10,000,000 VND if the value of the illegal shipment is below 20,000,000
VND, or a fine of from 10,000,000 VND to 20,000,000 VND if the value of the
illegal shipment is 20,000,000 VND or more:
a) Selling cosmetics
without intact packages;
b) Selling contraband
cosmetics or cosmetics of unknown origins;
c) Selling expired
cosmetics;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) Selling cosmetics
that contain banned substances or the concentration of the restricted
substances contained therein exceeds the limits;
e) Selling cosmetics
without acceptable quality or safety;
g) Selling the cosmetics
that have been recalled by a competent authority;
2. Any entity in charge
of launching products that commits one of the following violations shall incur
a fine of from 15,000,000 VND to 30,000,000 VND:
A) Selling cosmetics of
which the product information files (PIF) are not conformable with law;
b) Selling cosmetics
without acceptable quality or safety;
c) Selling cosmetics
without intact packages or selling cosmetics of unknown origins;
d) Selling expired
cosmetics;
dd) Changing the contents
after the cosmetic product is notified without approval by a competent
authority; changing the name, address without changing the number of the
Certificate of Business registration or certificate of investment; changing the
name or address of the importer; changing the representative, changing the
design of products;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Any entity in charge
of launching products that commits one of the following violations shall incur
a fine of from 30,000,000 VND to 40,000,000 VND:
a) Selling cosmetics that
contain banned substances or the concentration of the restricted substances
contained therein exceeds the limits;
b) Selling cosmetics
without PIF as prescribed by law;
c) Selling cosmetics of
which the formulae are not consistent with the granted application for
notification;
d) Failure to recall
cosmetics at the request of competent authorities.
4. Remedial measures:
a) All of the cosmetics
mentioned in Clause 1, Points b, c, d, e Clause 2, Point a and Point c Clause 3
of this Article shall be destroyed;
b) Competent authorities
shall be requested to revoke the identification numbers of cosmetic notification
in event of the violations mentioned in Clause 3 of this Article.
Article
52. Violations against regulations on importing cosmetics
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Any of the following
violations shall carry a fine of from 30,000,000 VND to 40,000,000 VND:
a) Importing cosmetics
that contain banned substances or the concentration of restricted substances
contained therein exceeds the limits;
b) Importing a cosmetic
after it is banned in its home country.
3. Remedial measures:
a) The cosmetics
mentioned in Clause 1 and Clause 2 of this Article shall be destroyed.
b) Competent authorities
shall be requested to revoke the identification numbers of cosmetic
notification in event of the violations mentioned in Clause 2 of this Article.
Article
53. Violations against regulations on cosmetic labels
1. Any of the following
violations shall carry a fine of from 15,000,000 VND to 30,000,000 VND:
a) Failure to declare or
sufficiently declare drug prices as prescribed by law;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Remedial measures:
a) The cosmetics
mentioned in Point b Clause 1 of this Article shall be destroyed;
b) Competent authorities
shall be requested to revoke the identification numbers of cosmetic
notification in event of the violation mentioned in Point b Clause 1 of this
Article.
Article
54. Violations against regulations on conditions for selling medical equipment
1. Any of the following
violations shall carry a fine of from 5,000,000 VND to 10,000,000 VND:
a) Selling medical
equipment without a Certificate of Business registration;
b) The infrastructure, equipment,
or personnel serving the manufacture and sale of medical equipment are not
conformable with law.
2. Any of the following
violations shall carry a fine of from 10,000,000 VND to 20,000,000 VND:
a) Selling medical
equipment without a registration number, or import license issued by a
competent authority, or a certificate of origin;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Additional penalties:
The medical equipment mentioned
in Point a Clause 2 of this Article shall be confiscated.
Article
55. Violations against regulations on manufacturing medical equipment
1. A fine of from
5,000,000 VND to 10,000,000 VND shall be imposed for the failure to notify the
competent authority of the changes in the products, the manufacturing facility,
and the person in charge of manufacturing.
2. A fine of from
10,000,000 VND to 20,000,000 VND shall be imposed for avoiding mitigating the
harm caused by faulty medical equipment.
3. A fine of from
20,000,000 VND to 30,000,000 VND shall be imposed for manufacturing medical
equipment while the certificate of registration or certificate of free sale
(CFS) ahs expired, unless otherwise permitted by a competent authority.
4. Any of the following
violations shall carry a fine of from 30,000,000 VND to 40,000,000 VND:
a) Manufacturing medical
equipment without a certificate of eligibility for medical equipment
manufacturing;
b) Manufacturing medical
equipment for sale in the home market or for export without a certificate of
registration or CFS;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. Remedial measures:
The medical equipment
mentioned in Clause 4 of this Article shall be destroyed or recycled.
Article
56. Violations against regulations on importing medical equipment
1. Any of the following
violations shall carry a fine of from 20,000,000 VND to 30,000,000 VND:
a) Importing medical
equipment that is banned in the home country, in Vietnam, or by WHO;
b) Importing medical
equipment that does not undergo clinical trial as prescribed by law;
c) Failure to test the
imported medical equipment that demands high precision;
d) Importing medical
equipment that is defective, ineffective, or causing harmful side effects for
humans;
dd) Importing used
medical equipment for commercial purposes, except for those that are gifts.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The license to import
medical equipment shall be suspended for 01 - 03 months in event of the
violations mentioned in Clause 1 of this Article;
b) The medical equipment
mentioned in Clause 1 of this Article shall be confiscated.
SECTION
4. VIOLATIONS PERTAINING TO HEALTH INSURANCE
Article
57. Violations against regulations on paying health insurance
1. A warning or a fine of
from 50,000 VND to 100,000 VND shall be given to any individual liable for
health insurance that fails to pay insurance.
2. A fine of from 300,000
VND to 500,000 VND shall be given to any employer that fails pay compulsory
health insurance for every employee liable for health insurance.
3. Any employer that
fails to pay health insurance for every employee liable for health insurance
shall be liable to:
a) A fine of from 500,000
VND to 1,000,000 VND if fewer than 10 employees are omitted;
b) A fine of from
1,000,000 VND to 5,000,000 VND if 10 - 49 employees are omitted;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) A fine of from 10,000,000
VND to 15,000,000 VND if 100 - 499 employees are omitted;
dd) A fine of from
15,000,000 VND to 20,000,000 VND if 500 - 999 employees are omitted;
e) A fine of from
20,000,000 VND to 30,000,000 VND 1,000 employees or more are omitted.
4. Any entity that fails
to pay health insurance in full shall be liable to:
a) A fine of from 300,000
VND to 500,000 VND if the arrears are below 5,000,000 VND;
b) A fine of from 500,000
VND to 1,000,000 VND if the arrears are from 5,000,000 VND to below 10,000,000 VND;
c) A fine of from
1,000,000 VND to 2,000,000 VND if the arrears are from 10,000,000 VND to below
20,000,000 VND;
d) A fine of from
3,000,000 VND to 5,000,000 VND if the arrears are from 20,000,000 VND to below
40,000,000 VND;
dd) A fine of from 5,000,000
VND to 10,000,000 VND if the arrears are from 40,000,000 VND to below
60,000,000 VND;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
g) A fine of from
15,000,000 VND to 20,000,000 VND if the arrears are from 80,000,000 VND to
below 120,000,000 VND;
h) A fine of from
20,000,000 VND to 25,000,000 VND if the arrears are from 120,000,000 VND to
below 160,000,000 VND;
i) A fine of from
25,000,000 VND to 35,000,000 VND if the arrears is 160,000,000 VND or more.
5. Remedial measures:
a) Any entity that
commits the violation in Clause 1 of this Article must pay health insurance
premium to the account of health insurance fund;
b) In event of the violations
in Clause 2 and Clause 3 of this Article, the policyholders must be reimbursed
for the medical cost covered by health insurance they have paid. Such amounts
shall be transferred to government budget if the recipients are not
identifiable;
c) Any entity that
commits the violations in Clause 2, Clause 3 and Clause 4 of this Article must
pay health insurance premium and any interest thereon to the account of health
insurance fund.
Article
58. Violations against regulations on including external people in the payroll
to obtain health insurance
1. Any organization that
illegally obtains insurance for other people shall be liable to:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) A fine of from
1,000,000 VND to 2,000,000 VND shall be imposed for every illegal health
insurance card that has been used.
2. Every individual that
obtains health insurance against the law shall be liable to:
a) A fine of from 500,000
VND to 1,000,000 VND if the health insurance card is not used;
b) A fine of from
1,000,000 VND to 2,000,000 VND if the health insurance card has been used;
3. Remedial measures:
a) The medical cost
covered by health insurance according to Point b Clause 1 and Point b Clause 2
of this Article must be returned;
b) Competent authorities
shall be requested to revoke the illegal health insurance cards mentioned in
Point b Clause 1 and Point b Clause 2 of this Article.
Article
59. Violations against regulations on incorrectly certify health insurance
premium paid by policyholders
Any entity that
incorrectly certifies the health insurance premium paid by policyholders shall
be liable to:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. A fine of from
1,000,000 VND to 2,000,000 VND if the incorrect amount is from 10,000,000 VND
to below 20,000,000 VND;
3. A fine of from
3,000,000 VND to 5,000,000 VND if the incorrect amount is from 20,000,000 VND
to below 40,000,000 VND;
4. A fine of from
5,000,000 VND to 10,000,000 VND if the incorrect amount is from 40,000,000 VND
to below 60,000,000 VND;
5. A fine of from
10,000,000 VND to 15,000,000 VND if the incorrect amount is from 60,000,000 VND
to below 80,000,000 VND;
6. A fine of from
15,000,000 VND to 20,000,000 VND if the incorrect amount is from 80,000,000 VND
to below 100,000,000 VND;
7. A fine of from
20,000,000 VND to 25,000,000 VND if the incorrect amount is from 100,000,000
VND to below 120,000,000 VND;
8. A fine of from
25,000,000 VND to 35,000,000 VND if the incorrect amount is from 120,000,000
VND to below 150,000,000 VND;
9. A fine of from
35,000,000 VND to 45,000,000 VND if the incorrect amount is 150,000,000 VND or
more.
Article
60. Violations against regulations on extracting government budget to pay
health insurance premium
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Any entity that
improperly extracts government budget to pay health insurance premium and
causes a loss to the health insurance fund or affects the benefits of
policyholders shall be liable to:
a) A fine of from
1,000,000 VND to 2,000,000 VND if the incorrect amount is below 500,000,000
VND;
b) A fine of from
3,000,000 VND to 5,000,000 VND if the incorrect amount is from 500,000,000 VND
to below 1,000,000,000 VND;
c) A fine of from
5,000,000 VND to 10,000,000 VND if the incorrect amount is from 1,000,000,000
VND to below 5,000,000,000 VND;
d) A fine of from
10,000,000 VND to 20,000,000 VND if the incorrect amount is 5,000,000,000 VND
or more.
3. Remedial measures:
The illegal money
mentioned in Clause 2 of this Article, including interest thereon, must be
returned to the account of health insurance fund.
Article
61. Violations against regulations on extracting government budget to pay
health insurance after the procedure is completed
1. Any entity that fails
to extracts government budget to pay health insurance within 30 days after the
procedure is completed but does not cause a loss to the health insurance fund
and does not affect the benefits of policyholders shall be given a warning or a
fine of from 200,000 VND to 500,000 VND.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) A fine of from
1,000,000 VND to 2,000,000 VND if the incorrect amount is below 500,000,000
VND;
b) A fine of from
3,000,000 VND to 5,000,000 VND if the incorrect amount from 500,000,000 VND to
below 1,000,000,000 VND;
c) A fine of from
5,000,000 VND to 10,000,000 VND if the incorrect amount from 1,000,000,000 VND
to below 10,000,000,000 VND;
A fine of from 10,000,000
VND to 20,000,000 VND if the incorrect amount is 10,000,000,000 VND or more.
3. Remedial measures:
a) In event of the
violations in Clause 2 of this Article, the policyholders must be reimbursed
for the medical cost covered by health insurance they have paid. Such amounts
shall be transferred to government budget if the recipients are not
identifiable;
b) The deferred payment
(if any) must be transferred to the health insurance account within 10 working
days from the day on which the decision on penalties for the violations
mentioned in Clause 2 of this Article is received.
Article
62. Violations against regulations on making and sending the list of health
insurance policyholders (hereinafter referred to as policyholders)
1. Any of the following violations
shall carry a warning or fine of from 200,000 VND to 500,000 VND:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Making and sending an
insufficient list of policyholders under one’s management behind schedule
without affecting their benefits.
2. Any entity that makes
and sends the list of policyholders behind schedule and affects their benefits
shall be liable to:
a) A fine of from 500,000
VND to 700,000 VND if the list is sent less than 10 working days behind
schedule;
b) A fine of from 700,000
VND to 1,000,000 VND if the list is sent 10 working days or more behind
schedule.
3. Any entity that makes
and sends an insufficient list of policyholders that affects the benefits of
policyholders shall be liable to:
a) A fine of from 300,000
VND to 500,000 VND if fewer than 50 policyholders are omitted from the list;
b) A fine of from 500,000
VND to 1,000,000 VND if 50 - 99 policyholders are omitted from the list;
c) A fine of from
1,000,000 VND to 2,000,000 VND if 100 - 499 policyholders are omitted from the
list;
d) A fine of from
3,000,000 VND to 5,000,000 VND if 500 - 999 policyholders are omitted from the
list;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. Remedial measures:
In event of the
violations in Clause 2 and Clause 3 of this Article, the policyholders must be
reimbursed for the medical cost covered by health insurance they have paid.
Such amounts shall be transferred to government budget if the recipients are
not identifiable.
Article
63. Violations against regulations on issuance, reissuance, and replacement of
health insurance cards
1. A warning shall be
given if the health insurance card is issued, reissued, or replaced less than
10 working days behind schedules.
2. If the health
insurance card is issued more than 10 working days behind schedule, the issuer
shall be liable to:
a) A fine of from 300,000
VND to 500,000 VND if fewer than 50 cards are issued behind schedule;
b) A fine of from 500,000
VND to 1,000,000 VND if 50 - 99 cards are issued behind schedule;
c) A fine of from
1,000,000 VND to 2,000,000 VND if 100 - 499 cards are issued behind schedule;
d) A fine of from
3,000,000 VND to 5,000,000 VND if 500 - 999 cards are issued behind schedule;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. If the health
insurance card is reissued or replaced more than 10 working days behind
schedule, the issuer shall be liable to:
a) A fine of from 300,000
VND to 500,000 VND if fewer than 50 cards are reissued or replaced behind
schedule;
b) A fine of from 500,000
VND to 1,000,000 VND if 50 - 99 cards are reissued or replaced behind schedule;
c) A fine of from
1,000,000 VND to 2,000,000 VND if 100 - 499 cards are reissued or replaced
behind schedule;
d) A fine of from
3,000,000 VND to 5,000,000 VND if 500 - 999 cards are reissued or replaced
behind schedule;
dd) A fine of from 5,000,000
VND to 10,000,000 VND if 1,000 cards or more are reissued or replaced behind
schedule.
4. Remedial measures:
In event of the
violations in Clause 2 and Clause 3 of this Article, the policyholders must be reimbursed
for the medical cost covered by health insurance they have paid. Such amounts
shall be transferred to government budget if the recipients are not
identifiable.
Article
64. Violations against regulations on issuance health insurance cards
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) A fine of from
1,000,000 VND to 2,000,000 VND the card has not been used for medical
examination and treatment;
b) A fine of from
3,000,000 VND to 5,000,000 VND if the card has not been used for medical
examination and treatment.
2. If the benefits of the
policyholder on the health insurance card are incorrect, the issuer shall be
liable to:
a) A fine of from 300,000
VND to 500,000 VND the card has not been used for medical examination and
treatment;
b) A fine of from 500,000
VND to 1,000,000 VND if the card has not been used for medical examination and
treatment.
3. If the expiry date on
the health insurance card is incorrect, the issuer shall be liable to:
a) A fine of from 300,000
VND to 500,000 VND the card has not been used for medical examination and
treatment;
b) A fine of from 500,000
VND to 1,000,000 VND if the card has not been used for medical examination and
treatment.
4. Remedial measures:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) In event of the
violations in Clause 2 and Clause 3 of this Article, the policyholders must be
reimbursed for the medical cost covered by health insurance they have paid.
Such amounts shall be transferred to government budget if the recipients are
not identifiable;
c) The medical cost
covered by health insurance according to Clause 2 of this Article must be
returned to health insurance fund;
d) The medical cost
covered by health insurance after the expiry date of the health insurance card
according to Clause 3 of this Article must be returned to the health insurance
fund;
dd) Competent authorities
shall be requested to revoke the health insurance cards mentioned in Clause 1,
Clause 2 and Clause 3 of this Article.
Article
65. Violations against other regulations on using health insurance cards during
medical examination and treatment
1. Any entity that
falsifies the health insurance card shall be liable to:
a) A fine of from 500,000
VND to 1,000,000 VND if the act has not caused a loss to health insurance fund;
b) A fine of from
1,000,000 VND to 2,000,000 VND if the act has caused a loss to health insurance
fund.
2. Any individual that lends
or borrows the health insurance card shall be liable to:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) A fine of from 1,000,000
VND to 2,000,000 VND if the act has caused a loss to health insurance fund.
3. Remedial measures:
a) The medical cost
covered by health insurance according to Point b Clause 1 and Point b Clause 2
of this Article must be returned to health insurance fund;
b) The user of the health
insurance card mentioned in Point b Clause 1 and Point b Clause 2 of this
Article must repay the medical cost covered by health insurance to the health
insurance fund;
c) Competent authorities
shall be requested to revoke the health insurance cards mentioned in Clause 1
of this Article.
Article
66. Making fictitious medical records or giving fictitious prescriptions
without actual patients
1. Any entity that makes a
fictitious medical record or gives a fictitious prescription that is assessed
at below 1,000,000 VND and does not constitute a criminal offense shall be
given a warning
2. Any entity that makes
a fictitious medical record or gives a fictitious prescription that does not
constitute a criminal offense shall be liable to:
a) A fine of from 500,000
VND to 1,000,000 VND if the violation is assessed at from 1,000,000 VND to
below 2,000,000 VND;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) A fine of from
3,000,000 VND to 5,000,000 VND if the violation is assessed at from 5,000,000
VND to below 10,000,000 VND;
d) A fine of from
5,000,000 VND to 10,000,000 VND if the violation is assessed at from 10,000,000
VND to below 15,000,000 VND;
dd) A fine of from
10,000,000 VND to 15,000,000 VND if the violation is assessed at from
15,000,000 VND to below 25,000,000 VND;
e) A fine of from
15,000,000 VND to 20,000,000 VND if the violation is assessed at from
25,000,000 VND to below 50,000,000 VND;
g) A fine of from
20,000,000 VND to 25,000,000 VND if the violation is assessed at from
50,000,000 VND to below 80,000,000 VND;
h) A fine of from
25,000,000 VND to 30,000,000 VND if the violation is assessed at 80,000,000 VND
or more.
3. Remedial measures:
The illegal money
mentioned in Clause 1 and Clause 2 of this Article must be returned to the
health insurance fund.
Article
67. Violations against regulations on management of drugs, medical supplies, technical
services, sickbed costs, and other costs of medical examination and treatment
covered by health insurance
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Overstating the
quantities of drugs, medical supplies, technical services, and other services
that are not used by the patients;
b) Providing inadequate
drugs, substances, medical supplies, or technical services during the medical
examination and treatment covered by health insurance.
2. Any entity that
overstates the quantities of drugs, medical supplies, technical services, and
other services that are not used by the patients shall be liable to:
a) A fine of from 500,000
VND to 1,000,000 VND if the overstated value is from 1,000,000 VND to below
2,000,000 VND;
b) A fine of from
1,000,000 VND to 2,000,000 VND if the overstated value is from 2,000,000 VND to
below 5,000,000 VND;
c) A fine of from
3,000,000 VND to 5,000,000 VND if the overstated value is from 5,000,000 VND to
below 10,000,000 VND;
d) A fine of from
5,000,000 VND to 10,000,000 VND if the overstated value is from 10,000,000 VND
to below 20,000,000 VND;
dd) A fine of from
10,000,000 VND to 15,000,000 VND the overstated value is from 20,000,000 VND to
below 30,000,000 VND;
e) A fine of from
15,000,000 VND to 20,000,000 VND if the overstated value is from 30,000,000 VND
to below 40,000,000 VND;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
h) A fine of from
25,000,000 VND to 30,000,000 VND if the overstated value is from 50,000,000 VND
to below 60,000,000 VND;
i) A fine of from
30,000,000 VND to 40,000,000 VND if the overstated value is from 60,000,000 VND
or more.
3. Any entity that
provides inadequate drugs, substances, medical supplies, or technical services
during the medical examination and treatment covered by health insurance shall
be liable to:
a) A fine of from 500,000
VND to 1,000,000 VND if the violation is assessed at from 1,000,000 VND to
below 10,000,000 VND;
b) A fine of from
1,000,000 VND to 2,000,000 VND if the violation is assessed at from 10,000,000
VND to below 20,000,000 VND;
c) A fine of from 3,000,000
VND to 5,000,000 VND if the violation is assessed at from 20,000,000 VND to
below 40,000,000 VND;
d) A fine of from
5,000,000 VND to 10,000,000 VND if the violation is assessed at from 40,000,000
VND to below 80,000,000 VND;
dd) A fine of from 10,000,000
VND to 20,000,000 VND if the violation is assessed at from 80,000,000 VND to
below 120,000,000 VND;
e) A fine of from
20,000,000 VND to 40,000,000 VND if the violation is assessed at from
120,000,000 VND to below 160,000,000 VND;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. Remedial measures:
a) The illegal money
mentioned in Point a Clause 1 and Clause 2 of this Article must be returned to
the health insurance fund;
b) In event of the
violations in Clause 1, Clause 2, and Clause 3 of this Article, the
policyholders must be reimbursed for the medical cost covered by health
insurance they have paid. Such amounts shall be transferred to government
budget if the recipients are not identifiable.
Article
68. Infringements of the benefits of policyholders
1. A warning or a fine of
from 200,000 VND to 500,000 VND shall be imposed if the benefits infringed upon
are assessed at below 1,000,000 VND.
2. Any entity that
infringes upon the benefits of the policyholders shall be liable to:
a) A fine of from 500,000
VND to 1,000,000 VND if the benefits infringed upon are assessed at from
1,000,000 VND to below 5,000,000 VND;
b) A fine of from 1,000,000
VND to 2,000,000 VND if the benefits infringed upon are assessed at from
5,000,000 VND to below 10,000,000 VND;
c) A fine of from
2,000,000 VND to 3,000,000 VND if the benefits infringed upon are assessed at
from 10,000,000 VND to below 15,000,000 VND;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) A fine of from
4,000,000 VND to 5,000,000 VND if the benefits infringed upon are assessed at
from 20,000,000 VND to below 40,000,000 VND;
e) A fine of from
5,000,000 VND to 6,000,000 VND if the benefits infringed upon are assessed at
40,000,000 VND or more.
3. Remedial measures:
a) In event of the
violations in Clause 1 and Clause 2 of this Article, the policyholders must be
reimbursed for the medical cost covered by health insurance they have paid.
Such amounts shall be transferred to government budget if the recipients are
not identifiable;
b) The loss incurred by
the health insurance fund must be reimbursed in event of the violations
mentioned in Clause 1 and Clause 2 of this Article.
Article
69. Violations against other regulations on payment for medical cost covered by
health insurance
1. Any entity that fixes
incorrect prices, writes incorrect categories, units, or names of the services
in the invoices for medical services covered by health insurance shall be given
a warning or liable to a fine of from 200,000 VND to 500,000 VND if the
violation is assessed at below 1,000,000 VND.
2. Any entity that fixes
incorrect prices, writes incorrect categories, units, or names of the services
in the invoices for medical services covered by health insurance shall be
liable to:
a) A fine of from 500,000
VND to 1,000,000 VND if the violation is assessed at from 1,000,000 VND to
below 5,000,000 VND;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) A fine of from
3,000,000 VND to 5,000,000 VND if the violation is assessed at from 10,000,000
VND to below 20,000,000 VND;
d) A fine of from
5,000,000 VND to 10,000,000 VND if the violation is assessed at from 20,000,000
VND to below 40,000,000 VND;
dd) A fine of from
10,000,000 VND to 20,000,000 VND if the violation is assessed at from
40,000,000 VND to below 80,000,000 VND;
e) A fine of from
20,000,000 VND to 40,000,000 VND if the violation is assessed at from
80,000,000 VND to below 120,000,000 VND;
g) A fine of from
40,000,000 VND to 50,000,000 VND if the violation is assessed at 120,000,000 VND
or more.
3. Remedial measures:
a) The illegal money
mentioned in Clause 1 and Clause 2 of this Article must be returned to the
health insurance fund;
b) In event of the
violations in Clause 1 and Clause 2 of this Article, the policyholders must be
reimbursed for the medical cost covered by health insurance they have paid.
Such amounts shall be transferred to government budget if the recipients are
not identifiable.
Article
70. Violations against regulations on verification of health insurance card
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failure to verify
health insurance in a transparent manner;
b) Obstruction to health
insurance verification.
2. Any entity that fails
to verify health insurance in a transparent manner or obstructs the
verification of health insurance and affects the policyholders’ benefits, the
medical facility, or the health insurance fund shall be liable to a fine of
from 500,000 VND to 1,000,000 VND.
3. Remedial measures:
a) The illegal money (if
any) must be returned to the medical facility in event of the violation in
Clause 2 of this Article;
b) In event of the
violations in Clause 2 of this Article, the policyholders must be reimbursed
for the medical cost covered by health insurance they have paid. Such amounts
shall be transferred to government budget if the recipients are not
identifiable.
Article
71. Violations against other regulations on health insurance contracts
1. A warning or a fine of
from 200,000 VND to 500,000 VND shall be given to any entity that commits one
of the following violations without affecting the benefits of the policyholder,
the medical facility, and the health insurance fund:
a) Unilaterally
terminating the health insurance contract;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Signing a health
insurance contract beyond one’s competence.
2. Any entity that
unilaterally terminates the health insurance contract in a way that infringes
upon the benefits of policyholder, the medical facility, or the health
insurance fund shall be liable to:
a) A fine of from
1,000,000 VND to 5,000,000 VND if the violation is assessed at below 50,000,000
VND;
b) A fine of from
5,000,000 VND to 10,000,000 VND if the violation is assessed at from 50,000,000
VND to below 100,000,000 VND;
c) A fine of from
10,000,000 VND to 15,000,000 VND if the violation is assessed at from 100,000,000
VND to below 500,000,000 VND;
d) A fine of from
15,000,000 VND to 20,000,000 VND if the violation is assessed at from
500,000,000 VND to below 1,000,000,000 VND;
dd) A fine of from
20,000,000 VND to 30,000,000 VND if the violation is assessed at from
1,000,000,000 VND to below 5,000,000,000 VND;
e) A fine of from
30,000,000 VND to 40,000,000 VND if the violation is assessed at 5,000,000,000
VND or more.
3. Any entity that signs
a health insurance contract with illegal contents or beyond its competence in a
way that infringes upon the benefits of the policyholders, the medical
facility, or the health insurance fund shall be liable to:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) A fine of from
5,000,000 VND to 10,000,000 VND if the violation is assessed at from 50,000,000
VND to below 100,000,000 VND;
c) A fine of from
10,000,000 VND to 15,000,000 VND if the violation is assessed at from
100,000,000 VND to below 500,000,000 VND;
d) A fine of from
15,000,000 VND to 20,000,000 VND if the violation is assessed at from
500,000,000 VND to below 1,000,000,000 VND;
dd) A fine of from
20,000,000 VND to 30,000,000 VND if the violation is assessed at from 1,000,000,000
VND to below 5,000,000,000 VND;
e) A fine of from
30,000,000 VND to 40,000,000 VND if the violation is assessed at 5,000,000,000
VND or more.
4. Remedial measures:
a) Any loss incurred by the
health insurance fund or the medical facility must be reimbursed in event of
the violation in Clause 2 of this Article;
b) Any loss incurred by
policyholders must be reimbursed in event of the violations in Clause 2 of this
Article. Such amounts shall be transferred to government budget if the
recipients are not identifiable;
c) The illegal money (if
any) must be returned to the health insurance fund in event of the violation
mentioned in Clause 3 of this Article;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) In event of the
violations in Clause 3 of this Article, the policyholders must be reimbursed
for the medical cost covered by health insurance they have paid. Such
amounts shall be transferred to government budget if the recipients are not
identifiable.
Article
72. Violations against other regulations on advance payment and payment for
medical cost covered by health insurance
1. Any of the following
violations shall carry a warning or fine of from 200,000 VND to 500,000 VND:
a) Making illegal advance
payment or payment that is below 20,000,000 VND for the medical cost covered by
health insurance to medical facilities;
b) Making advance payment
or payment for the medical cost covered by health insurance to medical
facilities behind schedule without affecting the benefits of such medical
facilities and the policyholders.
2. The illegal advance
payment or payment the medical cost covered by health insurance shall carry:
a) A fine of from
1,000,000 VND to 2,000,000 VND if the illegal payment is from 20,000,000 VND to
below 40,000,000 VND;
b) A fine of from
3,000,000 VND to 5,000,000 VND if the illegal payment is from 40,000,000 VND to
below 80,000,000 VND;
c) A fine of from 5,000,000
VND to 10,000,000 VND if the illegal payment is from 80,000,000 VND to below
100,000,000 VND;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) A fine of from
15,000,000 VND to 20,000,000 VND if the illegal payment is 500,000,000 VND or
more.
3. Late advance payment
or payment for the medical cost covered by health insurance shall carry:
a) A fine of from
5,000,000 VND to 10,000,000 VND if the payment made less than 30 days behind
schedule;
b) A fine of from
10,000,000 VND to 20,000,000 VND if the payment made ≥ 30 days behind schedule.
4. Remedial measures:
a) Any loss incurred by
the medical facility in event of the violation in Point a Clause 1 and Clause 2
of this Article must be reimbursed;
b) The policyholders must
be reimbursed for the medical cost covered by health insurance they have paid
in event of the violations in Clause 3 of this Article. Such amount shall be
transferred to government budget if the recipients are not identifiable.
Article
73. Violations against regulations on using the health insurance fund
1. Any entity that uses
the health insurance fund against the law shall be liable to:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) A fine of from
5,000,000 VND to 10,000,000 VND if the violation is assessed at from 50,000,000
VND to below 100,000,000 VND;
c) A fine of from
10,000,000 VND to 20,000,000 VND if the violation is assessed at from
100,000,000 VND to below 500,000,000 VND;
d) A fine of from
20,000,000 VND to 30,000,000 VND if the violation is assessed at from
500,000,000 VND to below 1,000,000,000 VND;
dd) A fine of from
30,000,000 VND to 40,000,000 VND if the violation is assessed at 1,000,000,000
VND or more.
2. Remedial measures:
The illegal money (if
any) must be returned to the health insurance fund in event of the violation
mentioned in Clause 1 of this Article.
Article
74. Offering benefits inconsistent with the health insurance card
1. Any entity that offers
benefits inconsistent with the health insurance card shall be given a warning
or a fine of from 200,000 VND to 500,000 VND if the violation is assessed at
below 1,000,000 VND.
2. Any entity that offers
benefits inconsistent with the health insurance card shall be liable to:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) A fine of from
1,000,000 VND to 2,000,000 VND if the violation is assessed at from 5,000,000
VND to below 10,000,000 VND;
c) A fine of from
2,000,000 VND to 3,000,000 VND if the violation is assessed at from 10,000,000
VND to below 15,000,000 VND;
d) A fine of from
3,000,000 VND to 4,000,000 VND if the violation is assessed at from 15,000,000
VND to below 20,000,000 VND;
Dd) A fine of from
4,000,000 VND to 5,000,000 VND if the violation is assessed at from 20,000,000
VND to below 40,000,000 VND;
e) A fine of from
5,000,000 VND to 6,000,000 VND if the violation is assessed at 40,000,000 VND
or more.
3. Remedial measures:
a) In event of the
violations in Clause 1 and Clause 2 of this Article, the policyholders must be
reimbursed for the medical cost covered by health insurance they have paid.
Such amounts shall be transferred to government budget if the recipients are
not identifiable;
b) Any loss incurred by
the medical facility must be reimbursed in event of the violation in Clause 1
or Clause 2 of this Article;
c) The illegal money (if
any) must be returned to the health insurance fund in event of the violations
mentioned in Clause 1 and Clause 2 of this Article;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A fine of from 500,000
VND to 1,000,000 VND shall be imposed for the failure to report health insurance
on schedule, failure to provide data or to provide accurate data for competent
authorities that does not affect the administration and provision of health
insurance.
2. A fine of from
5,000,000 VND to 10,000,000 VND shall be imposed for the failure to report
health insurance on schedule, failure to provide data or to provide accurate
data for competent authorities that affects the administration and provision of
health insurance.
Article
76. Improper provision of information about policyholders and health insurance
fund used at medical facilities
1. A fine of from 200,000
VND to 500,000 VND shall be imposed for the failure to provide information or
to provide correct information about policyholders and health insurance fund used
at the medical facility that does not cause a loss for the health insurance
fund.
2. The failure to provide
information or to provide correct information about policyholders and health
insurance fund used at the medical facility that causes a loss for the health
insurance fund shall carry:
a) A fine of from
1,000,000 VND to 2,000,000 VND if the violation is assessed at below 50,000,000
VND;
b) A fine of from
3,000,000 VND to 5,000,000 VND if the violation is assessed at from 50,000,000
VND to below 100,000,000 VND;
c) A fine of from
5,000,000 VND to 10,000,000 VND if the violation is assessed at from
100,000,000 VND to below 200,000,000 VND;
d) A fine of from
10,000,000 VND to 20,000,000 VND if the violation is assessed at 200,000,000
VND or more.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A fine of from 200,000
VND to 500,000 VND shall be imposed for the failure to provide information or
to provide sufficient and correct information about provision of benefits for
patients at medical facilities or direct payment to policyholders that does not
affect the policyholders’ benefits.
2. A fine of from 500,000
VND to 1,000,000 VND shall be imposed for the failure to provide information or
to provide sufficient and correct information about provision of benefits for
patients at medical facilities or direct payment to policyholders that affects
the policyholders’ benefits.
3. Remedial measures:
In event of the
violations in Clause 2 of this Article, the policyholders must be reimbursed
for the medical cost covered by health insurance they have paid. Such amounts
shall be transferred to government budget if the recipients are not
identifiable.
Article
78. Late submission of statement of medical cost covered by health insurance
1. A warning or a fine of
from 200,000 VND to 500,000 VND shall be imposed if the statement of medical
cost covered by health insurance is submitted less than 05 working days behind
schedule.
2. The late submission of
the statement of medical cost covered by health insurance shall carry:
a) A fine of from
3,000,000 VND to 5,000,000 VND if it is 05 - 19 working days behind schedule;
b) A fine of from
5,000,000 VND to 7,000,000 VND if it is 20 working days behind schedule or
more.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Any of the following
violations shall carry a warning or fine of from 200,000 VND to 500,000 VND:
a) Obstruction of the
medical examination and treatment covered by health insurance that does not
affect the benefits of the policyholders or the medical facility;
b) Failure to comply with
regulations of competent authorities that does not affect the benefits of the
policyholders or the medical facility;
c) Abuse of covered
medical services such as excessive use of drugs, substances, supplies, and
medical services that causes a loss of below 1,000,000 VND for the
policyholders, the health insurance fund, and the medical facility
2. The obstruction of the
medical examination and treatment covered by health insurance that affects the
benefits of the policyholders or the medical facility shall carry:
a) A fine of from 500,000
VND to 1,000,000 VND if the violation is assessed at from 1,000,000 VND to
below 5,000,000 VND;
b) A fine of from
1,000,000 VND to 2,000,000 VND if the violation is assessed at from 5,000,000
VND to below 10,000,000 VND;
c) A fine of from
2,000,000 VND to 3,000,000 VND if the violation is assessed at from 10,000,000
VND to below 15,000,000 VND;
d) A fine of from
3,000,000 VND to 5,000,000 VND if the violation is assessed at from 15,000,000
VND to below 20,000,000 VND;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) A fine of from
10,000,000 VND to 15,000,000 VND if the violation is assessed at 40,000,000 VND
or more.
3. The failure to comply
with regulations of competent authorities that affects the benefits of the policyholders,
the medical facility, or the health insurance fund shall carry:
a) A fine of from
1,000,000 VND to 5,000,000 VND if the violation is assessed at below 20,000,000
VND;
b) A fine of from
5,000,000 VND to 10,000,000 VND if the violation is assessed at from 20,000,000
VND to below 40,000,000 VND;
C) A fine of from
10,000,000 VND to 20,000,000 VND if the violation is assessed at from
40,000,000 VND to below 80,000,000 VND;
d) A fine of from
20,000,000 VND to 30,000,000 VND if the violation is assessed at from
80,000,000 VND to below 160,000,000 VND;
dd) A fine of from
30,000,000 VND to 40,000,000 VND if the violation is assessed at 160,000,000
VND or more.
4. The abuse of covered
medical services such as excessive use of drugs, substances, supplies, and
medical services that affects the benefits the policyholders, the health
insurance fund, or the medical facility shall carry:
a) A fine of from 500,000
VND to 1,000,000 VND if the violation is assessed at from 1,000,000 VND to
below 5,000,000 VND;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) A fine of from
3,000,000 VND to 5,000,000 VND if the violation is assessed at from 10,000,000
VND to below 20,000,000 VND;
d) A fine of from
5,000,000 VND to 10,000,000 VND if the violation is assessed at from 20,000,000
VND to below 40,000,000 VND;
dd) A fine of from
10,000,000 VND to 20,000,000 VND if the violation is assessed at from
40,000,000 VND to below 60,000,000 VND;
e) A fine of from
20,000,000 VND to 30,000,000 VND if the violation is assessed at from
60,000,000 VND to below 80,000,000 VND;
g) A fine of from
30,000,000 VND to 40,000,000 VND if the violation is assessed at 80,000,000 VND
or more.
5. Remedial measures:
a) In event of the
violations in Clause 2 of this Article, the policyholders must be reimbursed
for the medical cost covered by health insurance they have paid. Such amounts
shall be transferred to government budget if the recipients are not
identifiable;
b) Any loss incurred by
the medical facility must be reimbursed in event of the violations mentioned in
Point c Clause 1 and Clause 2 of this Article;
c) Any loss incurred by
any organization or individual must be reimbursed in event of the violation in
Clause 3 of this Article. Such amounts shall be transferred to government
budget if the recipients are not identifiable;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) The illegal money
mentioned (if any) must be returned to the health insurance fund in event of
the violations mentioned in Point c Clause 1 and Clause 4 of this Article.
SECTION
5. VIOLATIONS PERTAINING TO POPULATION
Article
80. Violations against regulations on dissemination of information about
population
1. Any of the following violations
shall carry a warning or fine of from 200,000 VND to 500,000 VND:
a) Verbally or physically
obstructing the dissemination of information and counseling on birth control;
b) Taking advantages of
faiths, religions, and archaic traditions to obstruct the education and
counseling about birth control.
2. The dissemination of
information that contravenes the state policies and laws on population shall
receive a warning or carry a fine of from 3,000,000 VND to 5,000,000 VND.
3. Additional penalties:
The violations mentioned
in Clause 2 of this Article are punishable by confiscation of the illegal
instruments.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The documents that
contravene the state policies and laws on population mentioned in Clause 2 of
this Article shall be destroyed;
b) The false information
about state policies and laws on population mentioned in Clause 2 of this
Article must be rectified.
Article
81. Violations against regulations on spreading instructions about sex
selection
1. Any of the following
violations shall carry a fine of from 1,000,000 VND to 2,000,000 VND:
a) Spreading instructions
on sex selection;
b) Offering instructions
on sex selection.
2. Any of the following
violations shall carry a fine of from 3,000,000 VND to 5,000,000 VND:
a) Selling, renting out,
dispensing, or posting on the Internet the publications that contain
instructions on sex selection;
b) Posting or
broadcasting instructions on sex selection.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. Additional penalties:
All illegal items
mentioned in Point a Clause 2 of this Article shall be confiscated.
5. Remedial measures:
a) The documents and
items used for spreading the instructions on sex selection mentioned in Point a
Clause 1 and Clause 3 of this Article shall be destroyed;
b) The instructions on
sex selection mentioned in Point a Clause 2 of this Article must be removed.
Article
82. Telling baby’s sex
1. A fine of from
3,000,000 VND to 5,000,000 VND shall be imposed telling the baby’s sex by means
of fortune-telling.
2. A fine of from
5,000,000 VND to 10,000,000 VND shall be imposed telling the baby’s sex by
means of ultrasound or medical test, unless otherwise prescribed by law.
3. Additional penalties:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
83. Violations against regulations on sex selection
1. A fine of from
3,000,000 VND to 5,000,000 VND shall be imposed for intimidating a person into
selecting the baby’s sex.
2. A fine of from
7,000,000 VND to 10,000,000 VND shall be imposed for the use of force to make a
person select the baby’s sex.
3. Any of the following
violations shall carry a fine of from 10,000,000 VND to 15,000,000 VND:
a) Prescribing drugs for
selecting baby’s sex;
b) Providing drugs for
selecting baby’s sex;
c) Researching methods
for sex selection, unless otherwise permitted by law.
4. Additional penalties:
a) The illegal items
mentioned in Clause 3 of this Article shall be confiscated;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) The drug business
shall be suspended for 01 - 03 months in event of the violation mentioned in
Point b Clause 3 of this Article.
Article
84. Sex-selective abortion
1. Any person that
voluntarily decides to have an abortion because of the baby’s sex shall be
liable to a fine of from 3,000,000 VND to 5,000,000 VND.
2. Any person that
persuades another person into abortion because of the baby’s sex shall be
liable to a fine of from 5,000,000 VND to 7,000,000 VND.
3. Any person that
intimidates another person into abortion because of the baby’s sex shall be
liable to a fine of from 7,000,000 VND to 10,000,000 VND.
4. The use of force to
compel another person into abortion because of the baby’s sex shall carry a
fine of from 10,000,000 VND to 12,000,000 VND.
5. Any of the following
violations shall carry a fine of from 12,000,000 VND to 15,000,000 VND:
a) Providing substances
or drugs to abort a child in the knowledge that the abortion is sex-selective;
b) Prescribing substances,
drugs, or other measures to abort a child in the knowledge that the abortion is
sex-selective.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
7. Additional penalties:
a) The items serving the
commitment of the violation mentioned in Point a Clause 5 of this Article shall
be confiscated;
b) The operating license
or practising certificate shall be suspended for 03 - 06 months in event of the
violation mentioned in Point b Clause 5 of this Article;
c) The operating license
or practising certificate shall be suspended for 06 - 12 months in event of the
violation mentioned in Clause 6 of this Article;
d) The drug business
shall be suspended for 01 - 03 months in event of the violation mentioned in
Point a Clause 5 of this Article.
Article
85. Obstruction or enforcement of birth control
1. Any of the following
violations shall carry a warning or fine of from 100,000 VND to 300,000 VND:
a) Failure to provide
complementary birth control instruments for eligible individuals as prescribed
by law;
b) Verbally or physically
offending the people to that practice birth control or the people that have only
boys or only girls.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Any of the following
violations shall carry a fine of from 3,000,000 VND to 5,000,000 VND:
a) Intimidating another
person into using or stopping using contraception;
b) Intimidating another
person to conceive or give birth while the person has only boys or only girls;
4. A fine of from
5,000,000 VND to 7,000,000 VND shall be imposed for the use of force to compel
another person to use contraception.
5. Any of the following
violations shall carry a fine of from 7,000,000 VND to 10,000,000 VND:
a) Inserting intrauterine
devices, injecting or implanting contraceptives without the user’s consent;
b) Using force to compel
another person to not use contraception or to stop using contraception;
c) Using force to compel
another person to conceive or give birth while the person has only boys or only
girls.
6. A fine of from
20,000,000 VND to 30,000,000 VND shall be imposed for sterilizing a person
without the person’s consent.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The practising
certificate shall be suspended for 01 - 03 months in event of the violation
mentioned in Clause 6 of this Article.
8. Remedial measures:
The inserted intrauterine
devices or implanted contraceptives mentioned in Point a Clause 5 of this
Article must be removed.
Article
86. Violations against regulations on selling contraceptives
1. A fine of from
1,000,000 VND to 3,000,000 VND shall be given to any entity that sells
contraceptives that are required by competent authorities to be provided free
of charge.
2. A fine of from
3,000,000 VND to 5,000,000 VND shall be given to any entity that sells
contraceptives at higher prices than those fixed by competent authorities.
3. Additional penalties:
The illegal items serving
the commitment of the violation mentioned in Clause 1 of this Article shall be
confiscated.
4. Remedial measures:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) The difference
mentioned in Clause 2 of this Article must be returned. Such amount shall be
transferred to government budget if the recipients are not identifiable.
SECTION
6. OTHER ADMINISTRATIVE VIOLATIONS AGAINST MEDICINE LAWS
Article
87. Violations against regulations on promoting breastfeeding
1. A fine of from
1,000,000 VND to 2,000,000 VND shall be given to any entity that publishes
documents about breastfeeding promotion that fails to include one of the
following contents:
a) Benefits and
excellence of breastfeeding, the assertion that breast-milk is the best food
for the health and comprehensive development of children; the antibacterial
elements, especially antibodies contained only in breast-milk that protect
children from diarrhoea, Respiratory tract infection and other infections;
b) Instructions on
exclusive breastfeeding for the first six months of life, keeping feeding the
child with breast-milk until 24 months of age or longer, and starting to feed
the child with appropriate food form 06 months of age;
c) Disadvantages of
feeding the child with other foods instead of breast-milk such as: high prices,
time-consuming, and risk of infection due to improper preparation of milk;
d) Negative effects of
bottle-feeding, sucking artificial teats, or eating supplementary foods before
06 months of age;
dd) Instructions on
convenient, safe, and nutritious methods for preparing, preserving, and using
supplementary foods for children from existing foods;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. A fine of from
3,000,000 VND to 5,000,000 VND shall be given to any entity that publishes documents
about breastfeeding promotion that contain:
a) Pictures or words
encouraging feeding children with dairy products other than breast-milk,
bottle-feeding, or disapproval of breastfeeding;
b) Statements that
breast-milk substitutes are equivalent to or better than breast-milk;
c) Names of symbols of
breast-milk substitutes or artificial teats.
Article
88. Violations against regulations on selling and using dietary products for
small children
1. Any of the following
violations shall carry a fine of from 1,000,000 VND to 2,000,000 VND:
a) Failure to provide
accurate information and instructions on proper use of dietary products for
small children for physicians, health workers, and consumers;
b) Requesting employees to
approach and encourage mothers, pregnant women or their families, whether
inside or outside medical facilities, to use breast-milk substitutes.
2. Any of the following
violations shall carry a fine of from 3,000,000 VND to 5,000,000 VND:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Introduction of
breast-milk substitutes in the form of scholarships, sponsorships for
scientific research, financial support for training, conventions, conferences,
courses, concerts, counseling services by phone, or other forms.
3. Any of the following
violations shall carry a fine of from 10,000,000 VND to 15,000,000 VND:
a) Displaying breast-milk
substitutes and foods for children under 06 months of age at medical
facilities;
b) Running sales
promotions of breast-milk substitutes such as giving samples, vouchers, prizes,
gifts, credits, discounts, or any other pictures for retailing.
Chapter
3.
ENTITLEMENTS
TO IMPOSE PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST MEDICINE LAWS
Article
89. Entitlements of Presidents of the People’s Committees to impose penalties
1. Presidents of the People’s
Committees of communes are entitled to:
a) Give warning;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Confiscate illegal
items the value of which does not exceed the rate of fine mentioned in Point b
of this Clause;
dd) Take the remedial
measures mentioned in Point a, Point c, and Point dd Clause 1 Article 28 of the
Law on Penalties for administrative violations.
2. Presidents of the
People’s Committees of districts are entitled to:
a) Give warning;
b) Impose a fine of up to
15,000,000 VND for every violation pertaining to population; up to 25,000,000
VND for every violation pertaining to defensive medicine, HIV/AIDS prevention;
up to 37,500,000 VND for every violation pertaining to health insurance; up to
50,000,000 VND for every violation pertaining to medical examination, medical
treatment, pharmaceuticals, cosmetics, and medical equipment;
c) Suspend the practising
certificate or license;
d) Confiscate illegal
items the value of which does not exceed the rate of fine mentioned in Point b
of this Clause;
dd) Take the remedial
measures mentioned in Points a, c, dd, e, h, and i Clause 1 Article 28 of the
Law on Penalties for administrative violations and the those in Article 3 of
this Decree.
3. Presidents of the
People’s Committees of provinces are entitled to:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Impose a fine of up to
30,000,000 VND for every violation pertaining to population; up to 50,000,000
VND for every violation pertaining to defensive medicine, HIV/AIDS prevention;
up to 75,000,000 VND for every violation pertaining to health insurance; up to
100,000,000 VND for every violation pertaining to medical examination, medical
treatment, pharmaceuticals, cosmetics, and medical equipment;
c) Suspend the practising
certificate or license, or suspend the operation;
d) Confiscate illegal
items;
dd) Take the remedial
measures mentioned in Article 3 of this Article.
Article
90. Entitlements of health inspectors to impose penalties
1. Inspectors on duty and
the persons assigned to carry out inspections are entitled to:
a) Give warning;
b) Impose a fine of up to
300,000 VND for every violation pertaining to population; up to 500,000 VND for
every violation pertaining to defensive medicine, HIV/AIDS prevention, health
insurance, medical examination, medical treatment, pharmaceuticals, cosmetics,
and medical equipment;
c) Confiscate illegal
items the value of which does not exceed the rate of fine mentioned in Point b
of this Clause;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Chief inspectors of
Services of Health and Directors of Sub-departments of Population and Birth
Control affiliated to Services of Health are entitled to:
a) Give warning;
b) Impose a fine of up to
15,000,000 VND for every violation pertaining to population; up to 25,000,000
VND for every violation pertaining to defensive medicine, HIV/AIDS prevention;
up to 37,500,000 VND for every violation pertaining to health insurance; up to
50,000,000 VND for every violation pertaining to medical examination, medical
treatment, pharmaceuticals, cosmetics, and medical equipment;
c) Suspend the practising
certificate or license, or suspend the operation;
d) Confiscate illegal items
the value of which does not exceed the rate of fine mentioned in Point b of
this Clause;
dd) Take the remedial
measures mentioned in Article 3 of this Article.
3. Chief inspectors of
Ministries, the Director of the Department of Population and Birth Control, the
Director of the Drug administration of Vietnam, the Director of Medical
Examination and Treatment Administration, and the Director of Medical Setting
Management Administration, the Director of Defensive medicine Administration
are entitled to:
a) Give warning;
b) Impose a fine of up to
30,000,000 VND for every violation pertaining to population; up to 50,000,000
VND for every violation pertaining to defensive medicine, HIV/AIDS prevention;
up to 75,000,000 VND for every violation pertaining to health insurance; up to
100,000,000 VND for every violation pertaining to medical examination, medical
treatment, pharmaceuticals, cosmetics, and medical equipment;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Confiscate illegal
items;
dd) Take the remedial
measures mentioned in Article 3 of this Article.
4. Chiefs of
inspectorates of Ministries are entitled to:
a) Give warning;
b) Impose a fine of up to
21,000,000 VND for every violation pertaining to population; up to 35,000,000
VND for every violation pertaining to defensive medicine, HIV/AIDS prevention;
up to 52,500,000 VND for every violation pertaining to health insurance; up to
70,000,000 VND for every violation pertaining to medical examination, medical
treatment, pharmaceuticals, cosmetics, and medical equipment;
c) Suspend the practising
certificate or license, or suspend the operation;
d) Confiscate illegal
items the value of which does not exceed the rate of fine mentioned in Point b
of this Clause;
dd) Take the remedial
measures mentioned in Article 3 of this Article.
5. The entitlements of
the chiefs of inspectorates of Services of Health and chiefs of inspectorates
of other authorities appointed to carry out inspections are similar to those in
Clause 2 of this Article.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Market surveillance
officers are entitled to:
a) Give warning;
b) Impose a fine of up to
500,000 VND for every violation pertaining to defensive medicine, medical
examination, medical treatment, pharmaceuticals, cosmetics, and medical
equipment.
2. Market surveillance
team leaders are entitled to:
a) Give warning;
b) Impose a fine of up to
25,000,000 VND for every violation pertaining to defensive medicine, medical
examination, medical treatment, pharmaceuticals, cosmetics, and medical
equipment;
c) Confiscate illegal
items the value of which does not exceed the rate of fine mentioned in Point b
of this Clause;
d) Take the remedial
measures mentioned in Points a, dd, e, h, and I Clause 1 Article 28 of the Law
on Penalties for administrative violations and the those in Article 3 of this
Decree.
3. Directors of
Sub-departments of Market Surveillance affiliated to Services of Industry and
Trade, chiefs of Anti-smuggling Department, Anti-counterfeits Department, and
Goods Quality Control Department affiliated to Market Surveillance Agency are
entitled to:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Impose a fine of up to
50,000,000 VND for every violation pertaining to defensive medicine, medical
examination, medical treatment, pharmaceuticals, cosmetics, and medical
equipment;
c) Confiscate illegal
items the value of which does not exceed the rate of fine mentioned in Point b
of this Clause;
d) Suspend the practising
certificate or license, or suspend the operation;
dd) Take the remedial
measures mentioned in Article 3 of this Article.
4. The Director of Market
Surveillance Agency is entitled to:
a) Give warning;
b) Impose a fine of up to
25,000,000 VND for every violation pertaining to defensive medicine; up to
100,000,000 VND for every violation pertaining to medical examination, medical
treatment, pharmaceuticals, cosmetics, and medical equipment;
c) Confiscate illegal
items;
d) Suspend the practising
certificate or license, or suspend the operation;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
92. Entitlements of police officers to impose penalties
1. Police officers on
duty are entitled to:
a) Give warning;
b) Impose a fine of up to
300,000 VND for every violation pertaining to population; up to 500,000 VND for
every violation pertaining to prevention of harmful effects of tobacco.
2. The officers senior to
the persons mentioned in Clause 1 of this Article are entitled to:
a) Give warning;
b) Impose a fine of up to
900,000 VND for every violation pertaining to population; up to 1.500,000 VND
for every violation pertaining to prevention of harmful effects of tobacco.
3. Chiefs of police
departments of communes are entitled to:
a) Give warning;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Confiscate illegal
items the value of which does not exceed the rate of fine mentioned in Point b
of this Clause;
d) Take the remedial
measures mentioned in Point a, Point c, and Point dd Clause 1 Article 28 of the
Law on Penalties for administrative violations.
4. Chiefs of police
departments of districts, chiefs of police divisions in charge of social
orders, chiefs of police divisions in charge of investigation into corruption
financial crimes are entitled to:
a) Give warning;
b) Impose a fine of up to
6,000,000 VND for every violation pertaining to population; up to 10,000,000
VND for every violation pertaining to prevention of harmful effects of tobacco;
c) Suspend the practising
certificate or license, or suspend the operation;
d) Confiscate illegal
items the value of which does not exceed the rate of fine mentioned in Point b
of this Clause;
dd) Take the remedial
measures mentioned in Points, a, c, dd Clause 1 Article 28 of the Law on
Penalties for administrative violations and the those in Article 3 of this
Decree.
5. Chiefs of police
departments of provinces are entitled to:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Impose a fine of up to
15,000,000 VND for every violation pertaining to population; up to 25,000,000
VND for every violation pertaining to prevention of harmful effects of tobacco;
c) Suspend the practising
certificate or license, or suspend the operation;
d) Confiscate illegal
items the value of which does not exceed the rate of fine mentioned in Point b
of this Clause;
dd) Take the remedial measures
mentioned in Points, a, c, dd and i Clause 1 Article 28 of the Law on Penalties
for administrative violations and the those in Article 3 of this Decree.
e) Expel foreign
offenders in accordance with the laws on expulsion.
6. Chiefs of the police department
in charge of social orders and the police department in charge of investigation
into corruption and financial crimes are entitled to:
a) Give warning;
b) Impose a fine of up to
30,000,000 VND for every violation pertaining to population; up to 50,000,000
VND for every violation pertaining to prevention of harmful effects of tobacco;
c) Suspend the practising
certificate or license, or suspend the operation;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) Take the remedial
measures mentioned in Points, a, c, dd and i Clause 1 Article 28 of the Law on
Penalties for administrative violations and the those in Article 3 of this
Decree.
Article
93. Entitlements of other bodies to impose penalties
1. The Border guard, the
Coastguard, customs authorities, tax authorities, the Director of Vietnam
Chemicals Agency, inspectors of the Ministry of Science and Technology, the
Ministry of Labor, War Invalids and Social Affairs, the Ministry of Information
and Communications, the Ministry of Natural Resources and Environment, the
Ministry of Transport, the Ministry of Finance, and other bodies are entitled
to impose penalties for the violations under their management in accordance
with the Law on Penalties for administrative violations.
2. The entitlements to
impose administrative penalties and take remedial measures shall be determined
in accordance with Article 52 of the Law on Penalties for administrative
violations.
Article
94. Entitlements to make records on administrative violations
The persons entitled to
make records on administrative violations against medical laws include:
1. The person entitled to
impose penalties.
2. Officials and civil
servants working in health bodies and social insurance who discover
administrative violations.
Chapter
4.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
95. Effect
1. This Decree takes
effect on December 31, 2013.
2. The Government's
Decree No. 45/2005/ND-CP dated April 06, 2005 on penalties for administrative
violations against medical laws; the Government's Decree No. 114/2006/ND-CP
dated October 03, 2006 on penalties for administrative violations pertaining to
population and children; the Government's Decree No. 69/2011/ND-CP dated August
08, 2011 on penalties for administrative violations pertaining to defensive
medicine, medical setting, and HIV/AIDS prevention; the Government's Decree No.
92/2011/ND-CP dated October 17, 2011 on penalties for administrative violations
pertaining to health insurance; the Government's Decree No. 93/2011/ND-CP dated
October 18, 2011 on penalties for administrative violations pertaining to
drugs, cosmetics, and medical equipment; and the Government's Decree No.
96/2011/ND-CP dated October 21, 2011 on penalties for administrative violations
pertaining to medical examination and treatment are abolished from the
effective date of this Decree.
Article
96. Transitional provision
The administrative
violations against medical laws that are committed before the this Circular
takes effect and discovered afterwards, the regulations that are more favorable
to the offenders shall apply.
Article
97. Responsibility for instructions and implementation
1. The Minister of Health
is responsible for providing instructions, organize and inspect the
implementation of this Decree.
2. Other Ministers, Heads
of ministerial agencies, Heads of Governmental agencies, Presidents of the
People’s Committees, and relevant entities are responsible for the
implementation of this Decree.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
FOR THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung