THE
GOVERNMENT
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|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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|
No.:
45/2005/ND-CP
|
Hanoi,
April 06, 2005
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DECREE
OF THE GOVERMENT NO.45/2005/ND-CP DATED APRIL 06, 2005
STIPULATING ON ADMINISTRATIVE SANCTION IN THE SECTOR OF HEALTH
THE GOVERNMENT
Pursuant
to the December 25, 2001 Law on Organization of the Government;
Pursuant
to the Law on Protection of the People’s Health dated June 30, 1989;
Pursuant to
the Ordinance on Sanction of Administrative violations dated July 02, 2002;
Pursuant
to the Ordinance on Ordinance on the Prevention and Control of Human
Immune-Deficiency Virus and Acquired Immune-Deficiency Syndrome (HIV/AIDS)
dated May 31, 1995;
Pursuant
to the Ordinance on Private Medical and Pharmaceutical Practice dated February
25, 2003;
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At the
proposal of the Minister of Health,
DECREES:
Chapter 1:
GENERAL PROVISIONS
Article 1.
Scope of governing
1. This Decree stipulates on
handling of administrative violations in the health sector.
2. Administrative violations in
the health sector are the acts implemented intentionally or unintentionally by
organizations and individuals violating the provisions of law on state
management in the health sector which are not crime and according to the
provisions of law, they shall be sanctioned administratively.
3. Administrative violations in
the field of state management on health stipulated in this Decree include:
a) Violation of regulations on
hygiene and prevention and control of epidemic;
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c) Violation of regulations on
vaccines – medical biological products;
d) Violating the regulations on
medical examination and treatment including medical examination and treatment
by traditional medicine;
e) Violation of regulations on
drug of prevention and treatment of human diseases, including traditional
medicines and cosmetics directly affecting human health;
f) Violation of regulations on
medical equipment.
Article 2.
Subjects of application
1. This Decree applies to
Vietnamese organizations and individuals having administrative violations in
the health sector.
2. This Decree also applies to foreign
organizations or individuals operating or residing in Vietnam having
administrative violations in the health sector. Where the international
agreements which Vietnam is a party otherwise provided for, the provisions of
such international agreements shall be applied.
Article 3.
Principle of handling
1. Principles for handling of
administrative violations in the health sector are applied under the provisions
in Article 3 of the Ordinance on Handling of Administrative Violations.
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3. The handling of violations to
the persons who are competent to handle administrative violations in the health
sector must comply with the provisions of Article 121 of the Ordinance on
Handling of Administrative Violations.
Article 4.
Extenuating, aggravating circumstances
The extenuating circumstances,
aggravating circumstances are applied in administrative sanction for the
violations provided for in Chapter II of this Decree shall comply with the
provisions of Article 8 and Article 9 of the Ordinance Handling of
Administrative Violations.
Article 5.
Prescription of sanction
1. The prescription for
sanctioning administrative violation in the health sector is 01 year from the
date that administrative violation is made.
2. For administrative violations
in the health sector related to export, import, production of counterfeit
goods, the statute of prescription for sanctioning administrative violations
shall be 02 years from the date that administrative violations are made.
Article 6.
The term considered as not yet sanctioned for administrative violations
If the individuals and
organizations that have been sanctioned for administrative violations in the
health sector for more than one year from the date of completely serving the
decision to sanction or the expiry date of the decision to sanction without
recidivism is considered as not yet sanctioned for administrative violations in
the health sector.
Article 7.
Forms of handling
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2. For each administrative
violation, the violating individuals and organizations must submit one of the
following forms of administrative sanctions: a warning or a fine.
a) Application of warning form
for minor administrative violations, for the first time, with extenuating
circumstances or for any administrative violations implemented by the minors
aged between full 14 years old and under 16 years old.
b) Application of fine form:
The fine levels are based on the
nature and seriousness of violations, the person of violator and the
extenuating circumstances and aggravating circumstances in the fine bracket
specified for each such violation.
When sanctioning by the fine form,
the specific fine level for an administrative violation is the average level of
the fine bracket prescribed for such act; if the violation has the extenuating
circumstances, the fine level may be reduced lower but not exceeded lowest
level of the fine bracket; if the violation has aggravating circumstances, the
fine level can be higher than but not exceeded the maximum level of the fine
bracket.
3. Depending on the nature and
seriousness of violations, individuals and organizations committing administrative
violations in the field of state management on health may also be subject to
additional sanctions as follows:
a) Stripping the right to use
licenses or practice certificates, certificates of sufficient conditions to
practice from 6 months to 12 months or stripping the right to use for
indefinite duration;
b) Confiscating material
evidences and means used for administrative violations.
4. Apart from the above forms of
sanctions, the individuals and organizations committing administrative
violations may also be applied to one or more remedies as follows:
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b) Forced to apply the measures
to overcome the environmental pollution, spread of epidemic disease due to
administrative violations;
c) Forced to bring out of the
territory of Vietnam or re-export goods, products, or means;
d) Recycled or forced to destroy
products causing harmful to human health;
e) Other remedies specified in
this Decree.
5. Form of administrative sanction
can be applied independently or together with additional sanctions or remedies.
The application of remedies can not be applied independently but only used
together with the main sanction, unless specified in Article 69 of the
Ordinance on Handling of Administrative Violations.
6. For the state organizations
that are sanctioned, they must execute the decision to sanction. After
executing the decision to sanction, the sanctioned organizations identify
individuals with faults who have caused administrative violations while on duty
for disciplinary action and claim damages for which the organization has done
as prescribed by law regulations.
Chapter 2:
ACTS OF ADMINISTRATIVE
VIOLATIONS IN THE SECTOR OF HEALTH, FORMS, AND LEVELS OF SANCTION
ITEM 1: ACTS
OF ADMINISTRATIVE VIOLATIONS ON HYGIENE, PREVENTION AND CONTROL OF EPIDEMIC AND
OF HIV/AIDS, FORMS, AND LEVELS OF SANCTION
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1. A warning or fine of between
50,000 VND and 200,000 VND shall be imposed for acts of discharging litter,
waste, human and animals waste into water sources used for food and living.
2. A fine of between 5,000,000
and 10,000,000 VND shall be imposed for one of the following acts:
a) Failing to comply with
provisions on testing to monitor water quality of the organizations and
individuals who provide water for food, drinking, and daily living.
b) Supply of water for food,
drinking, and daily living without ensuring the provisions on water hygiene and
water source protection.
3. A fine of between 10,000,000
and 15,000,000 VND shall be imposed for one of the following acts:
a) To let waste, sewage cause
contamination of water sources used for food, drinking, daily living of the
people;
b) To discharge toxic fumes,
toxic gases causing harmful to the health of the people around.
4. Remedies:
a) Forced to implement the
remedies prescribed in point b clause 4 Article 7of this Decree for the
violations specified in clause 1, point b clause 2 and clause 3 of this
Article;
b) Forced to comply with the
technical procedures according to provisions for the violations specified in
point a clause 2 of this Article.
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1. A warning or a fine between
VND 50,000 to 200,000 shall be imposed for the act of failing to implement
vaccination for disease prevention or incomplete vaccination under the program
of expanded vaccination to human upon request by the health agency
requirements.
2. A fine of between 200,000 and
500,000 VND shall be imposed for one of the following acts:
a) Failing to declare under
regulations when the person or members of family, agencies, organizations,
units getting epidemic-causing infectious disease;
b) Declaring untruthfully or
refusing to declare according to regulations when the person or members of
family, agencies, organizations and units getting epidemic-causing infectious
disease or hiding the infectious disease current state causing epidemic of the
person, family, agencies, organizations and units;
c) Failing to perform or
performing insufficiently measures for prevention and combat of infections
intermediary vectors as required by health agencies.
3. A fine of between 500,000 and
1,000,000 VND shall be imposed for one of the following acts:
a) Defecating, discharging
improper provisions of materials and items likely to spread epidemic-causing
infectious disease;
b) Failing to perform the
measures of prophylaxis treatment (chemotherapy) as prescribed;
c) Failing to take measures for
disinfection, disinfection of waste, clothing, furniture, environment, means of
transportation of patients as prescribed;
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đ) Allowing or creating
conditions for patients, pathogen carriers, and persons who are suspected to
get epidemic-causing infectious disease to do something leading to the spread
of infectious diseases;
e) Transmitting the disease to
others;
g) Refusing or failing to abide
by the administrative command to participate in the control of epidemic as
prescribed;
h) Failing to dispose corpses
getting the most dangerous infectious disease as prescribed.
i) Failing to perform or
performing insufficiently the provisions against the spread of epidemic-causing
infectious disease for others as the person, family having people suffering
from these diseases.
4. A fine of between 1,000,000
and 2,000,000 VND shall be imposed for one of the following acts:
a) Obstructing or failing to
implement measures for prevention and control of emergency epidemic of the
competent state agencies;
b) Informing epidemic-causing
infectious diseases not in compliance with competence according to regulations.
5. Additional sanctions:
individuals, organizations committing violations in clause 3 and clause 4 of
this Article may also be applied one of the forms of additional sanctions as
stipulated in clause 3 Article 7 of this Decree.
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Article 10.
Violation of regulations on border medical quarantine
1. A fine of between 1,000,000
and 2,000,000 VND shall be imposed for one of the following acts:
a) Failing to declare in
accordance provisions on medical quarantine with the quarantine agencies before
the exit, entry, export and import for owners of means of transportation, goods
owners or representatives of the goods owners;
b) Using certificates of rat
destruction, rat destruction waiver not in compliance with regulations;
c) Using food, trading food
serving for guests at the border gates not meeting standards of food hygiene
and safety.
2. A fine of between 2,000,000
and 5,000,000 VND shall be imposed for one of the following acts:
a) Refusing to quarantine
medical or failing to implement the requirements of medical quarantine officers
for the objects required to quarantine;
b) Failing to inform signal
asking for medical quarantine in accordance with provisions for owners of means
of transportation entering by waterways;
c) Failing to take measures
against rats on the means of sea transportation when they anchor at the ports.
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a) Amending or forging
certificate of medical quarantine;
b) Transporting corpses, bones,
ashes, special products such as biological products, bacteria, tissues, body
parts, blood and blood components through the border gates but not yet
inspected and granted quarantine certificates by the medical quarantine agency;
c) Exporting and importing
waste, old objects, the means used without declaring with the medical
quarantine agencies, without quarantine certificates of the medical quarantine
agency;
d) Disposing wastes not in
compliance with places as prescribed for the means of transportation as
entering and exiting;
e) Concealing or removing the
current state required to quarantine.
4. A fine of between VND
10,000,000 and 15,000,000 for acts of removing the ballast water not in
compliance with provisions of law, disposing waste with pathogens and toxic
elements before the medical quarantine agency implements medical treatment.
5. Remedies: forced to implement
the remedies as prescribed in point d clause 4 Article 7 of this Decree for
violations specified in point đ clause 3 of this Article.
Article 11.
Violation of regulations on occupational sanitation
1. A fine of between 500,000 and
1,500,000 VND shall be imposed for one of the following acts:
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b) Failing to perform the
regulations on occupational health care for women;
c) Failing to compile record of
cleaning factory; record of periodic health examination; records of declaring
occupational diseases and registering occupational hygiene examination every
year or periodically;
d) Failing to arrange health
workers, having no technical facilities and equipment for first aid, emergency
plans, and rescue for hazardous, dangerous occupations and prone to
occupational accidents in accordance with provisions;
đ) Failing to train on
occupational hygiene, occupational disease prevention, and first aid on site
for employees;
e) Failing to make payment of
medical expenses from the first aid till complete treatment for people of
occupational accidents or occupational diseases.
2. A fine of between 5,000,000 and
10,000,000 VND shall be imposed for one of the following acts:
a) Failing to ensure
occupational hygiene regulations on radiation and electromagnetic fields;
b) Having no measures and
equipment for handling toxic product, noxious gases, dust, toxic waste,
industrial waste and other harmful elements; failing to ensure the regulations
on occupational hygiene, temperature, humidity, light and noise, vibration,
dust, toxic gas and other harmful elements;
c) Failing to organize
periodical health examination for detection of occupational diseases for the
laborers; failing to complete the dossiers and procedures for person who gets
occupational diseases to be assessed occupational diseases; failing to organize
the treatment, convalesce for laborers suffering from occupational diseases and
arrange other works in accordance with their health.
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a) Forced to perform the
remedies as prescribed in point b clause 4 Article 7of this Decree for the
violations provided for in point a, b, clause 2 of this Article;
b) Forced to organize the
training on occupational hygiene, occupational disease prevention and first aid
on site to employees for the violations specified in point đ clause 1 of this
Article.
Article 12.
Violation of regulations on management of chemicals, insecticides, bactericides
for family and medical uses
1. A fine of between 1,000,000
and 3,000,000 VND shall be imposed for one of the following acts:
a) Failing to comply with the
provisions on the conditions of manufacturing and trading chemicals,
insecticides, bactericides for family and medical uses;
b) Failing to comply with
regulations on packaging, storage and transportation of chemicals,
insecticides, bactericides for family and medical uses.
2. A fine of between 5,000,000
and 10,000,000 VND shall be imposed for one of the following acts:
a) Producing and trading
chemicals, insecticides, bactericides for family and medical uses that the
certificate of registration for circulation of these products has expired;
b) Producing and trading of chemicals,
insecticides, bactericides for family and medical uses not in compliance with
standards as announced;
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d) Advertising chemicals,
insecticidal, bactericides for family and medical uses without the receipt of
registration dossiers for advertisement of the competent health agency or
advertising not in compliance with the registered contents or failing to modify
the content of advertising at the request of the competent health agency.
3. A fine of between VND
8,000,000 and 12,000,000 shall be imposed for acts of trading chemicals,
insecticidal, bactericides for family and medical uses which have expired.
4. A fine of between VND
10,000,000 and 15,000,000 shall be imposed for acts of manufacturing and
trading chemicals, insecticidal, bactericides for family and medical uses which
were banned to use in Vietnam.
5. Forms of additional
sanctions: stripping the right to use certificate of registration for
circulation of chemicals, insecticidal, bactericides for family and medical
uses from 6 months to 12 months for the violations specified in clause 2 and
clause 3 of this Article.
6. Remedies:
a) Forced to apply the remedies
prescribed in point d clause 4 Article 7 of this Decree for violations
specified in point b clause 1, point b clause 2, clause 3 and clause 4 of this
Article;
b) The cost for the application
of the remedies specified in clause 6 of this Article shall be paid by the
violating establishment.
Article 13.
Violation of other provisions on hygiene
1. A fine from 200,000 VND to
800,000 VND shall be imposed for the organizations and individuals violating
regulations on hygiene to prevent and combat epidemic disease.
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a) Violation of regulations on
environmental hygiene in offices, hospitals, schools, kindergartens and other
public places;
b) Tables and chairs in schools
with size inconsistent with the stature of students, not enough natural or
artificial light in the classroom; not ensuring the area standards per student;
not enough drinking water, wash water, sanitary latrines for the students as
prescribed.
3. A fine of between 2,000,000
and 5,000,000 shall be imposed for acts of producing and trading all kinds of
learning tools and facilities, toys causing harmful to the health of children,
students.
4. Forced to apply the remedies
as prescribed in point d clause 4 Article 7of this Decree for the violations
specified in clause 3 of this Article.
Article 14.
Violation of regulations on the prevention and control of HIV/AIDS
1. A fine of between 2,000,000
and 5,000,000 VND shall be imposed for one of the following acts:
a) Disclosing secret on testing
and notifying testing results for HIV to the tested person or to others without
permission;
b) Violating regulations on
keeping secret the names, ages, addresses and photographs of people infected
with HIV;
c) Providing information on the
mass media for the names, ages, addresses and pictures of the HIV-infected
people without the consent of those persons or of their relatives in the case
the HIV-infected people who have died, or without capacity for civil acts;
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2. A fine of between 5,000,000
and 10,000,000 VND shall be imposed for one of the following acts:
a) Violating regulations on
blood transfusion, sterilization, disinfection and other regulations on the
professional treatment of HIV infection;
b) Notifying the results of
positive HIV tests not in compliance with subjects of notice as prescribed;
c) Based on the results of HIV
tests to recruit the laborers or for school admission, unless special cases as
prescribed by law;
d) The facilities of production,
business fail to provide information on HIV infection prevention for employees;
đ) Notifying results to the HIV
tested persons for the facilities that have not been yet accredited to have the
qualified laboratories to assert cases of HIV-positive by the Health Ministry;
e) Dismissal of employees or
expulsion of pupils and students because of their HIV infection.
3. Remedies: forcing the
employer to receive the the HIV-infected laborers to arrange the other works
properly according to provisions or forcing the schools to receive the
HIV-infected pupils and students for continuing to study at school in case of
violation specified in point e clause 2 of this Article.
ITEM 2: ACTS
OF ADMINISTRATIVE VIOLATIONS ON FOOD HYGIENE AND SAFETY, FORMS, AND LEVELS OF
SANCTION
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1. A fine of between 100,000 and
300,000 VND shall be imposed for one of the following acts:
a) Failing to wear special
clothing when directly engaging in production, processing and sale of food or
without a certificate of training on food hygiene and safety;
b) Place putting ready-to-eat
food has no glass for cover or sanitary package;
c) Failing to use its own
equipment to pick up, ladle, and contain all kinds of instant food;
d) Trading instant food without
enough clean water for cleaning equipment, hand hygiene of the sellers;
đ) The tools of containing,
picking up, ladling, processing food not ensuring hygiene;
e) Failing to perform or
performing the cleaning of equipment, tools, selling place of food not
complying with regulations of the Ministry of Health;
g) Failing to ensure hygiene
standards of safe vegetables according to provisions for the business
facilities of safe vegetables.
2. A fine of between 300,000 and
600,000 VND shall be imposed for one of the following acts:
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b) Failing to store food sample
in accordance with provisions or sampling but not in compliance with
regulations;
c) Failing to supervise the
observance of regulations on food hygiene and safety for the collective
kitchens cooking at the facilities.
3. A fine of between 500,000 and
2,000,000 VND shall be imposed for one of the following acts:
a) Raw materials and water used
for manufacturing, processing food fail to meet the standards of food hygiene and
safety as prescribed by the Ministry of Health;
b) Reusing packaging containing
oil, grease, or milk to contain food processed industrially;
c) Manufacturing equipment used
for food, packaging for packaging directly food from the raw materials, additives
not on the permitted list published by the Ministry of Health;
d) Using equipment, containers,
packaging, means of transportation, storage with surfaces in direct contact
with food that are made of materials not guaranteeing food hygiene and safety.
4. A fine of between 2,000,000
to 6,000,000 VND shall be imposed for one of the following acts:
a) Producing and selling food
from animal origin that has not gone through animal quarantine or has been
inspected unsatisfactory;
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c) Failing to publish the
quality standards of food hygiene and safety for food before being circulated
or food products circulated on the market but not guaranteeing the standards of
food hygiene and safety as announced;
d) Failing to publish the
quality standards of food hygiene and safety for the food required publishing
quality standards of food hygiene and safety as prescribed by law or announced
but the publication has expired;
đ) Building the facilities of
manufacturing, processing food in the environment not guaranteeing food safety
and hygiene;
e) Producing and using ice for
food, drink not ensuring the standards of food hygiene and safety as prescribed
by the Ministry of Health;
g) Failing to observe the
regulations on hygiene and safety in storage and transportation of food;
h) Those that direct produce and
process food are getting infectious diseases, skin diseases or other diseases
as prescribed by the Ministry of Health.
5. A fine of between 10,000,000
and 15,000,000 VND shall be imposed for one of the following acts:
a) Producing and trading food
which has been degenerated, contaminated, or with strange contaminants or
contaminated with toxic substance affecting human health;
b) Producing and trading food
with pathogenic parasites, pathogenic microorganisms which are not permitted in
food or exceeding the permitted limits;
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d) Having no certificate of
sufficient conditions of food hygiene and safety granted by the competent
agencies for the facilities of manufacturing, trading food at high risk;
đ) Producing and trading food
additives, supporting substance for processing food, micronutrients, functional
food, food with high-risk, food preserved by irradiation, food genetically
modified but have not been permitted by the competent State management
agencies;
e) Producing and trading food
using food additives, the micronutrients, the supporting substance for
processing food not permitted to use or used prescribed improper dose, limit or
unknown origin;
g) Producing and trading food expired
or failing to ensure hygiene standards;
h) Producing and trading food
preserved by irradiation, but not recorded on the label the contents in
Vietnamese or the international symbol as food preserved by irradiation;
i) Producing and trading
irradiated food beyond the list of food permitted irradiation or food on the
list of radiation but using beyond the radiation dosages in accordance with law
regulations;
k) Producing and trading food
using gene technology or materials using gene technology but recorded on the
label in Vietnamese as "Food used gene technology";
l) Producing and trading food
from materials which are not food, failing to ensure food hygiene and safety or
outside the list of chemicals permitted for use in food;
m) Trading farm products with
pesticide residues, fertilizer exceeding the permitted limit;
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o) Changing, relabeling, or
changing the date of manufacture, expiry date on food labels which have been
shipped and circulated;
p) Producing and trading food
which are mixed, colored, mixed powder, to cover, dye and process in order to
mask the state of decay, deterioration of the food;
q) Producing and trading food consisting
of whole or part of materials damaged, to be poor quality or other material not
suitable to food, whether or not that material has been processed;
r) Using contaminated facilities
and means which transported hazardous substance for transporting food;
s) Failing to report when food
poisoning happens to the medical establishment or the nearest People's
Committee of locality to take preventive measures and remedy timely;
t) Failing to fully implement
the precaution and handle promptly upon the occurrence of food poisoning and
diseases transmitted through food.
6. A fine of between 5,000,000
and 10,000,000 VND shall be imposed for one of the following acts:
a) Advertising food, food
additives which have not been published quality standards of food hygiene and
safety; food, food additives of low quality, not guaranteeing hygiene and
safety or advertising without the receipt of registration dossiers for
advertisement of the competent health agencies or falsely advertising content
registered or not modifying the content of advertisement at the request of the
competent health agencies;
b) Advertising food, food
additives dishonestly, unclearly and inconsistent with published content;
improper or in excess of character, nature, value, material, advantage composition,
safety, purity, weight, rate, origin and composition of food.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 16.
Violation of regulations on the prevention and combat of the harmful effects of
tobacco
1. A warning or a fine of
between 50,000 and 100,000 VND shall be imposed for one of the following acts:
a) Smoking cigarette, rustic
tobacco in public places such as in the theaters, cinemas, conference rooms,
working room, hospitals, libraries, waiting rooms of railway stations, bus
stations, airports, ports, on public means of transport or in other banned
public places;
b) Selling cigarettes, rustic
tobacco to children under 16 years old.
2. A fine of from between
4,000,000 VND and 6,000,000 VND shall be imposed for the acts violating the
regulations on the marking of tobacco products, regulations on content of
warning and location recording warnings on cigarette packages.
3. A fine of between VND
20,000,000 and 30,000,000 shall be imposed for acts of tobacco production with
content of the substances Tar, Nicotine exceeding the level specified.
4. Remedies: application of the
remedies as prescribed in point d clause 4 Article 7 of this Decree for the
violations specified in clause 3 of this Article.
Article 17.
Violation of regulations on production, sale, and use of breast milk substitutes
1. A fine of between 500,000 VND
and 1,000,000 VND shall be imposed for the act of issuing the documents and
information and education on feeding new born baby, infants under the following
circumstances:
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b) Having name or symbol of
breast milk substitutes, feeding-bottles, teats and dummies.
2. A fine of between 3,000,000
and 5,000,000 shall be imposed for one of the following acts:
a) Giving the mothers who have
just born new baby or members in their family the product samples in order to
encourage the use of such products to replace breast milk;
b) Trading breast milk
substitutes which have not been published the quality standards of food hygiene
and safety;
c) Trading breast milk
substitutes not guaranteeing quality of food hygiene and safety as announced.
3. A fine of between 5,000,000
and 10,000,000 VND shall be imposed for one of the following acts:
a) Providing information,
advertising false the use of breast milk substitutes;
b) Comparison of breast milk
substitutes is equivalent to or better than breast milk;
c) The production facilities of
breast milk substitutes fail to publish quality of food hygiene and safety;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
đ) Advertising breast milk
substitutes for infants over 6 months old without the words "Breast milk
is the best for the health and development of newborns and children."
4. A fine of between 10,000,000
and 15,000,000 VND shall be imposed for one of the following acts:
a) Trading breast milk substitutes
which have expired, unlabeled, unidentified or without packaging;
b) Advertising breast milk
substitutes for infants from birth to 6 months old, feeding-bottles, teats and
dummies in all forms; advertising inserting images of breast milk substitutes
for infants from birth to 6 months old.
5. The remedies: forced to apply
the remedies prescribed in point d clause 4 Article 7 of this Decree for the
violations specified in point c clause 2 and point a clause 4 of this Article.
Article 18.
Violation of regulations on the manufacture and supply of iodized salt for
human consumption
1. A fine of between 300,000 VND
and 800,000 VND shall be imposed for organizations and individuals producing or
trading salt (iodized salt) which have one of the following acts:
a) Failing to comply with
regulations on personal hygiene for employees;
b) Using the employees suffering
from infectious diseases, skin diseases to directly produce salt;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. A fine of between 1,000,000
and 3,000,000 VND shall be imposed for one of the following acts:
a) Failing to test iodine
content in salt before shipping;
b) Failing to equip with enough
tools and chemicals for testing;
c) Using those who have no or
improper qualifications, certificate of testing in the management positions on
technical professional skill or testing of the salt production facilities;
d) Trading salt not meeting
iodine content as prescribed.
3. A fine of between VND
3,000,000 and 5,000,000 shall be imposed for the acts of failing to publish
goods quality standards according to provisions for the facilities of producing
and trading salt.
4. A fine of between 5,000,000
and 8,000,000 VND shall be imposed for one of the following acts:
a) Producing salt not meeting
the quality standards prescribed by the State;
b) Using the package labeling
iodized salt for common salt (not iodized salt).
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
ITEM 3: ACTS
OF ADMINISTRATIVE VIOLATIONS ON VACCINE, MEDICAL BIOLOGIC PRODUCTS, FORMS, AND
LEVELS OF SANCTION
Article 19.
Violation of regulations on the use of certificates of practicing vaccines,
medical biological products
1. A fine of between VND
1,000,000 and 3,000,000 shall be imposed for the acts of failing to implement
the authorization in accordance with the law regulations when the head or the
professional manager of the facility is absent.
2. A fine of between VND 2,000,000
and 5,000,000 shall be imposed for one of the following acts:
a) Practicing without
certificate of practice or use the certificate which has expired;
b) Renting, borrowing or renting
out or lending the certificate of practice.
3. Forms of additional sanction:
stripping the right to use certificate of practice in an indefinite duration
for the violations specified in point b clause 2 of this Article.
Article 20.
Violation of regulations on the use of certificates of sufficient conditions to
practice, qualifications
1. A fine of between 2,000,000
and 5,000,000 VND shall be imposed for one of the following acts:
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b) Renting, borrowing or renting
out or lending the certificate of sufficient conditions to practice;
c) Having no qualifications as
prescribed for those who work on vaccines and medical biological products.
2. Forms of additional sanction:
stripping the right to use certificate of sufficient conditions to practice
vaccines and medical biological products in an indefinite duration for the
violations specified in point b clause 1 of this Article.
Article 21.
Violation of regulations on the production of vaccines and medical biological
products
1. A fine of between 5,000,000
and 10,000,000 VND shall be imposed for one of the acts of producing vaccines
and medical biological products not ensuring equipment of maintenance, means of
transportation or not ensuring the requirements for prevention, fire,
explosion, occupational safety and environmental sanitation.
2. A fine of between VND
10,000,000 and 15,000,000 shall be imposed for one of the acts of producing
vaccines and medical biological products having no registration number or with
registration number has expired, or the producing vaccines and medical
biological products inconsistent with the content as registered in the dossier
approved for circulation on the market.
3. A fine of between VND
15,000,000 and 30,000,000 shall be imposed for the acts of production and put
into circulation on markets vaccines and medical biological products not
meeting quality standards as registered.
4. Forms of additional sanction:
stripping the right to use certificate of sufficient conditions to practice
vaccines, medical biological products from 6 months to 12 months for the
violations in clause 2 and clause 3 of this Article.
5. Remedies:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Funding for the destruction
of vaccines and medical biological products paid by the violating individuals
or organizations.
Article 22.
Violation of regulations on the preservation and testing of vaccines and
medical biological products
1. A fine of between VND
1,000,000 and 3,000,000 shall be imposed for one of the following acts:
a) Failing to meet the
regulations on material facilities, technology and equipment;
b) Having no complete technical
records, books, and documents of management of export and import for the
facilities storing vaccines and medical biological products.
2. A fine of between 5,000,000
and 10,000,000 VND shall be imposed for one of the following acts:
a) Testing not to be of
permitted professional scope;
b) Receiving storage and
transportation of vaccines and medical biological products which have not been
allowed to circulate.
3. Form of additional sanction:
stripping the right to use certificate of sufficient conditions to practice
vaccines, medical biological products from 6 months to 12 months for the
violations provided in clause 2 of this Article.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A fine of between VND
1,000,000 and 3,000,000 shall be imposed for one of the following acts:
a) Trading vaccines and medical
biological products incorrect address which has been permitted by the competent
agencies;
b) Failing to implement the
authorization in accordance with the law regulation when the head or
professional manager of the establishment is absent;
c) Having no storage,
refrigerator meeting standards, technique according to regulations for
preservation of vaccines and medical biological products;
d) Having no books to monitor
the purchase of vaccines and medical biological products, books to monitor
expiration, vaccination, control of product quality;
e) Failing to ensure enough
conditions on material facilities, equipment and requirements on the prevention
of fire, explosion, occupational safety, environmental sanitation.
2. A fine of between VND
2,000,000 and 5,000,000 shall be imposed for the acts of trading vaccines and
medical biological products beyond the permitted expertise.
3. A fine of between VND
5,000,000 and 10,000,000 shall be imposed for one of the following acts:
a) Trading vaccines, medical
biological products of unknown origin, no longer original pakaging;
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c) Trading vaccines, medical
biological products which have expired.
4. A fine of between VND
10,000,000 and 15,000,000 shall be imposed for one of the following:
a) Importing finished or semi-
finished vaccines and medical biological products which have not been
circulated lawfully;
b) Importing vaccines, medical
biological products of foreign companies that have not been issued licenses of
operation in the field of vaccines and medical biological products in Vietnam
by the Ministry of Health;
c) Using vaccines and medical
biological products in the expanded vaccination program not in compliance with
provisions of the Ministry of Health.
5. The remedies:
a) Forced to apply the remedies
prescribed in point d clause 4 Article 7 of this Decree for the violations
specified in clause 3 and point a clause 4 of this Article;
b) Funding for the destruction
of vaccines and medical biological products is paid by the violating
individuals or organizations.
Article 24.
Violation of regulations on information and advertisement of vaccines, medical
biological products
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Advertising vaccines and
medical biological products which have not had the receipt of registration
dossiers for advertisement of the competent health agency;
b) Providing information,
advertising vaccines and medical biological products which have not yet
permitted for circulation in Vietnam;
c) Content of information,
advertising vaccines, and medical biological products not in compliance with
registered records or failing to modify the content of advertising at the
request of the competent health agency;
d) Providing information,
advertising vaccines and medical biological products when the permit of
registering circulation of vaccines, medical biological products has expired;
e) Putting in circulation on the
market the vaccines and medical biological products without label printed
expiry date, name and address of the manufacturer and manual in Vietnamese.
2. Remedies: forced to comply
with the provisions of the law on labels for the violations specified in point
đ clause 1 of this Article before putting products in circulation on the
market.
ITEM 4:
ADMINISTRATIVE VIOLATIONS ON MEDICAL EXAMINATION AND TREATMENT, INCLUDING
MEDICAL EXAMINATION AND TREATMENT BY TRADITIONAL MEDICINE AND FORMS AND LEVELS
Article 25.
Violation of regulations on use of the certificates of practice
1. A fine of between VND
1,000,000 and 3,000,000 shall be imposed for one of the following acts:
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b) Practicing without
certificate of practice;
c) Renting or borrowing
certificate of practice to practice;
d) Allowing another person to
rent or borrow certificate of practice;
đ) Having no degree or
appropriate professional certification;
e) Failing to make authorization
as prescribed by law for the head of the facility when he/she is absent.
2. Form of additional sanction:
stripping the right to use certificate of practice in an indefinite period for
the violations specified in point c, d clause 1 of this Article.
Article 26.
Violation of the provisions on practice conditions and use of certificate of
sufficient conditions to practice medicine, traditional medicine (collectively
referred to as a certificate of sufficient conditions to practice)
1. A fine of between VND 300,000
and 1,000,000 shall be imposed for one of the following acts:
a) The practice facility’
address is not in compliance with the one stated in the certificate of
sufficient conditions to practice;
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c) The facility practices
together with family’s living or with other business;
d) The facility fails to satisfy
conditions on housing and environmental sanitation;
đ) The practice facility has no
signboard in accordance with the regulations;
e) Failing to open the books of
statistics tracking the number of patients, customers supplied service of daily
medical technique, failing to archive prescribing records.
2. A fine of between VND
1,000,000 and 3,000,000 shall be imposed for one of the following acts:
a) Practicing medical
examination, treatment; providing medical services without certificate of
sufficient conditions to practice granted by the competent medical authority;
b) Renting, borrowing or renting
out or lending the certificate of sufficient conditions to practice;
c) Practicing as the certificate
of sufficient conditions to practice has expired;
d) Failing to list health
service prices or listing price but charging higher prices;
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3. A fine of between VND
3,000,000 and 8,000,000 shall be imposed for the acts of practice beyond their
expertise, not complying with the scope defined in the certificate of
sufficient conditions to practice.
4. Forms of additional sanction:
stripping the right to use certificates of sufficient conditions to practice in
an indefinite period for the facilities committing violations specified in
point b clause 2 and clause 3 of this Article.
Article 27.
Violation of regulations on technical expertise
1. A fine of between VND 500,000
and 1,000,000 shall be imposed for one of the following acts:
a) Leaving the on-duty places;
b) Failing to wear name tag;
clothing is improper provision while are on duty;
c) Failing to hold a
consultation for the emergency surgical cases;
d) Having imperious attitude,
harassment, inconvenience for patients;
đ) Failing to self-criticize
mortality within 15 days from the date of patient’s death;
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g) Failing to classify and
collect medical waste as prescribed.
2. A fine of between VND
2,000,000 and 5,000,000 shall be imposed for one of the following acts:
a) Failing to give first aid
patients urgently;
b) Those that do professional
works have no professional qualification consistent with the works assigned;
c) Prescribing as well as
selling drugs outside of base number of emergency medicine as prescribed by the
health agencies (except for medical examination and treatment by traditional
medicine);
d) Prescribing drugs improper
treatment;
đ) Prescribing unnecessary
expensive special drugs in order to get difference profit from the drug-trading
facilities;
e) Failing to comply with
regulations on septic as conducting surgery, operation;
g) Taking advantage of
occupation to practice superstition;
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i) Failing to treat wastes in
hospital in accordance with provisions.
3. A fine of between VND
5,000,000 and 10,000,000 shall be imposed for one of the following acts:
a) Violating regulations on
medical technical expertise causing harm to the health of patients;
b) Using the methods of medical
examination, treatment, equipment, pharmaceuticals without permission from the
Ministry of Health;
c) Foreigners doing the
professional work in the medical facilities, traditional medicine facilities
without permission from the Ministry of Health.
4. Forms of additional sanction:
a) Stripping the right to use
certificates of practice in an indefinite duration for the violations
prescribed in point e, g clause 2, and point b clause 3 of this Article;
b) Stripping the right to use
certificates of practice from 6 months to 12 months for the violations
prescribed in point a clause 3 of this Article.
5. Remedies: forced to comply
with the waste treatment processes according to the provisions for the
violations in point g clause 1 and point i clause 2 of this Article.
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1. A fine of between VND 400,000
and 1,000,000 shall be imposed for one of the following acts:
a) Failing to engage in health
activities on primary health care and the dissemination, guidelines of people
to protect their health, disease prevention and treatment as required by the
agency of local health management;
b) Failing to comply with
periodic report regime to the State management agencies on health according to
regulations;
c) Failing to report to the
local health agencies as detecting people who get sexually-transmitted
diseases;
d) Failing to implement
management measures as prescribed for the patients suffering from dangerous
contagious diseases.
2. A fine of between 500,000 VND
and 2,000,000 VND shall be imposed for the acts of failing to report promptly
to the medical establishment of the State in accordance with provisions as
detecting infectious diseases required to be quarantined, strange diseases,
mass poisoning.
3. A fine of between VND
5,000,000 and 10,000,000 shall be imposed for one of the following acts:
a) Advertising not in compliance
with the expertise ability and scope of practice defined in the certificate of
sufficient conditions to practice; advertising without receipt of registration
dossiers for advertisement of the competent health agencies; advertising not in
compliance with the register contents which have been approved or failing to
modify the content of advertising at the request of the competent health
agencies;
b) Failing to obey the order to
mobilize of the competent health agencies when natural disasters and epidemics
happen.
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a) Using foreigners for medical
examination, treatment without knowing Vietnamese and without interpreter;
b) Using interpreters for
foreigners in the activity of medical examination, treatment without
guaranteeing expertise qualification or foreign language as prescribed by law;
c) The foreigners who examine;
treat diseases without implementing prescription by Vietnamese and other
countries’ language in accordance with provisions.
Article 29.
Violation of regulations on technical expertise in the field of traditional
medicine
1. A fine of between VND 500,000
and 1,000,000 shall be imposed for one of the following acts:
a) Medicine cabinet, bottles
containing medicine without lids, stating clearly the name of the drug or
stating the false name of the drug;
b) Having mould drug, borers
drug.
2. A fine of between VND 1,000,000
and 2,000,000 shall be imposed for one of the following acts:
a) Failing to comply with
regulations on sterilization and disinfection in acupuncture, injection and
other operations in medical examination, treatment;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. A fine of between VND
2,000,000 and 5,000,000 shall be imposed for one of the following acts:
a) The establishment of
traditional medicine has the act of trading medicine;
b) Having drug of expiry, drug
which has been recalled, drug which has not had the registration number of
manufacturing or drug which has not been allowed for importation.
4. A fine of between VND
5,000,000 and 8,000,000 shall be imposed for the use of methods of medical
examination, treatment, equipment, and pharmaceuticals without permission of
the competent health agencies.
5. A fine of between VND
5,000,000 and 10,000,000 shall be imposed for the medical examination and
treatment facilities by traditional medicine (including the facilities relating
to foreign elements) having one of the following acts:
a) Advertising not in compliance
with the expertise ability and scope of practice defined in the certificate of
sufficient conditions to practice;
b) Advertising without receipt
of registration dossiers for advertisement of the competent health agencies or
advertising not in compliance with the registered contents or failing to modify
the content of advertising at the request of the competent health agencies.
6. Forms of additional sanction:
Stripping the right to use certificates of practice, stripping the right to use
certificates of sufficient conditions to practice in an indefinite duration for
the violations specified in clause 4 of this Article.
7. Remedies: forced to implement
the remedies prescribed in point d clause 4 Article 7 of this Decree for the
violations specified in point b clause 1, point b clause 3 and clause 4 of this
Article.
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1. A fine of between VND 300,000
and 500,000 shall be imposed for one of the following acts:
a) Having no signs in the
massage parlor;
b) The service staffs fail to
wear uniforms, fail to have professional certificate of the competent
authorities, and fail to wear name tags in accordance with regulations.
2. A fine of between VND 500,000
and 1,000,000 shall be imposed for one of the following acts:
a) The massage bed is not
secured in accordance with prescribed standards;
b) Failing to install the alarm
for emergency in the steam room of medicine;
c) Failing to ensure light,
sanitation as prescribed;
d) Failing to ensure the area of
practice as prescribed;
đ) Having no means of emergency
as doing massage, pressing acupuncture points, medicine steaming.
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a) The system doors of the
parlors of massage, pressing acupuncture points, acupuncture, medicine steaming
not in compliance with provisions;
b) Staffs of massage, acupuncture
points, acupuncture fail to comply with technical professional regulations;
c) The steam system of medicine
is not ensured safety;
d) Taking advantage of the
occupation to carry out the other activities not for the purpose of restoring
and improving health.
4. Remedies: forced to overcome
the lack of safety for steam systems specified in clause 2 and point a, and c
clause 3 of this Article.
Article 31.
Violation of regulations on birth by the scientific method
1. A fine of between VND
10,000,000 and 15,000,000 shall be imposed for one of the following acts:
a) Disclosing information on
names; addresses and images of people who give or receive sperm and embryos;
b) To implement the giving,
reception of ovule; sperm; embryos when has not been permitted for the
implementation;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. A fine of between VND
20,000,000 and 30,000,000 shall be imposed for one of the following acts:
a) Surrogacy;
b) Cloning.
3. Remedies: forced to overcome
the status of not ensuring conditions for implementing technical assistance of
birth as prescribed for the violation in point c clause 1 of this Article.
ITEM 5: ACTS
OF ADMINISTRATIVE VIOLATION ON DRUG OF PREVENTION AND TREATMENT FOR PEOPLE,
INCLUDING TRADITIONAL MEDICINE AND COSMETICS DIRECT EFFECTING TO HUMAN HEALTH,
FORMS, AND LEVELS
Article 32.
Violation of regulations on the use of certificate of pharmaceutical practice
1. A fine of between VND
1,000,000 and 3,000,000 shall be imposed for one of the following acts:
a) Trading drugs without
certificate of practice or with certificate of practice has expired;
b) Renting, borrowing or renting
out or lending the certificate of practice or professional qualification;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Forms of additional sanction:
Stripping the right to use the practice certificate for an indefinite duration
for the violations provided in point a, b clause 1 of this Article.
Article 33.
Violation of the provisions on the conditions to practice and use of
certificate of sufficient conditions for private pharmaceutical practice
(collectively referred to as certificate of sufficient conditions to practice)
1. A fine of between VND 500,000
and 1,000,000 shall be imposed for one of the following acts:
a) The facility practices not
compliance with address stated in the certificate of sufficient conditions to
practice, having no signs as prescribed;
b) Failing to ensure the enough
conditions on infrastructure and environmental sanitation;
c) Failing to open the books of
statistics, or failing to keep records and documents relating to narcotic drugs
and psychotropic drug and narcotic drugs prescription.
2. A fine of between VND
2,000,000 and 5,000,000 shall be imposed for one of the following acts:
a) Practicing beyond the
professional ability or not in accordance with the scope of professional
practice prescribed in the certificate of sufficient conditions to practice;
b) Renting, borrowing or renting
out or lending the certificate of sufficient conditions to practice;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Forms of additional sanction:
a) Stripping the right to use
the certificate of sufficient conditions to practice from 6 months to 12 months
for the violations of the provisions in point a clause 2 of this Article;
b) Stripping the right to use
the certificate of sufficient conditions to practice for an indefinite duration
for the violations provided in point b and c of clause 2 of this Article.
Article 34.
Violation of regulations on drug trafficking
1. A warning or a fine of
between 100,000 VND and 200,000 VND shall be imposed for the acts of drug
sellers not wearing the clothing, name badges as prescribed.
2. A fine of between VND 1,000,000
and 3,000,000 shall be imposed for one of the following acts:
a) The sellers of drug do not
obtain the prescribed standards;
b) Failing to authorize or
appoint a substitute in accordance with provisions when the pharmacy owner, the
agent owner or manager of the professional activities of pharmaceutical
establishments are absent.
3. A fine of between 500,000 VND
and 2,000,000 VND shall be imposed for act of selling wrong medicines.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Sales of drugs required for
prescriptions without prescriptions of doctor or selling without prescription
for purposes of profit;
b) Trading non-commercial drugs,
drug with packaging not containing all the information as prescribed.
5. A fine of between VND
3,000,000 and 5,000,000 shall be imposed for one of the following acts:
a) Trading drug without
permission for circulation.
b) Trading drug without
obtaining quality standard or expired drugs with a quantity of smaller than or
equal to 50 pills or equal to 10 tubes, equal to 10 jars or equal to 10 times
for drugs which are not poison drugs, narcotic drugs, psychotropic substances,
precursor substances, radioactive pharmaceutical substances.
6. A fine of between VND 5,000,000
and 10,000,000 shall be imposed for one of the following acts:
a) Trading drug without
obtaining quality standard or expired drugs with a quantity of more than 50
pills or more than 10 tubes or more than 10 jars or more than 10 bottles for
drugs which are not poison drugs, narcotic drugs, psychotropic substances,
precursor substances, radioactive pharmaceutical substances;
b) Trading drugs without
obtaining quality standard or expired drugs for the drugs which are poisons,
narcotics drugs, psychotropic substances, precursor substances, radioactive
pharmaceutical substances.
7. Forms of additional sanction:
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b) Stripping the right to use
the practice certificate, certificate of sufficient conditions to practice for
an indefinite duration for the violating practice facilities specified in point
b clause 6 of this Article.
8. Remedies:
a) Forced to apply the remedies
prescribed in point d clause 4 Article 7 of this Decree for the violations
specified in point b clause 4, clause 5 and clause 6 of this Article;
b) Funding for the destruction
of drugs shall be paid by the violating individuals or organizations, except
for the cases required to seize material evidence, physical evidence for
further processing.
Article 35.
Violation of regulations on the drug manufacture
1. A fine of between VND
5,000,000 and 10,000,000 shall be imposed for one of the following acts:
a) Manufacture of drugs does not
ensure the condition of sanitation;
b) Manufacture of drugs without
adequate production facilities.
2. A fine of between VND
10,000,000 and 20,000,000 shall be imposed for one of the following acts:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Manufacture of drugs when the
registration number has expired;
c) Manufacture of drugs not in
accordance with the drug registration dossiers.
3. A fine of between VND
20,000,000 and 30,000,000 shall be imposed for the production of drugs not
meeting quality standards has been registered.
4. Forms of additional sanction:
Stripping the right to use the certificate of sufficient conditions to practice
pharmacy for an indefinite duration for the violations of the provisions in
clause 2 and clause 3 of this Article.
5. Remedies:
a) Forced to apply the remedies
prescribed in point d clause 4 Article 7 of this Decree for the violations
specified in clause 2 and clause 3 of this Article;
b) Funding for the destruction
of drugs shall be paid by the violator.
Article 36.
Violation of regulations on the preservation of drug, drug materials and drug
testing
1. A fine of between VND
1,000,000 and 3,000,000 shall be imposed for one of the following acts:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Having no technical documents
and books of record of drugs and drug materials in accordance with regulations.
2. A fine of between VND
5,000,000 and 8,000,000 shall be imposed for the business establishment of drug
testing services, storage services not meeting the professional and technical
requirements.
3. Forms of additional sanction:
stripping the right to use the certificate of practice from 6 months to 12
months for the violations specified in clause 2 of this Article.
4. Remedies: forced to apply
technical professional measures to remedy violations of the provisions in
clause 1 of this Article.
Article 37.
Violation of regulations on trading export and import of drugs and drug-making
materials
1. A fine of between VND
20,000,000 and 30,000,000 shall be imposed for one of the following acts:
a) Importing drug or drug-making
materials without permission of the Ministry of Health;
b) Importing drug or drug-making
materials after the producing country published to ban from circulation on the
market;
c) Importing drug or drug-making
materials not in the original packaging;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Forms of additional sanction:
stripping the right to use the certificate of practice from 6 months to 12
months for the violations in point a, b and d clause 1 of this Article.
3. Remedies:
a) Forced to apply the remedies
prescribed in point d clause 4 Article 7 of this Decree for the violations of
the provisions in point a, b, c and d clause 1 of this Article, except for rare
drugs (both medicine and traditional medicine) prescribed in point a, c clause
1 certified as quality assurance of use by the drug-testing agency;
b) Funding for the destruction
of drugs shall be paid by the violating individuals or organizations.
Article 38.
Violation of the regulations on poisons, narcotic drugs, psychotropic drugs,
precursor substances, radioactive pharmaceutical substances
1. A fine of between 4,000,000
VND and 8,000,000 VND shall be imposed for acts of prescribing and using
poisons, narcotic drugs, psychotropic drugs, precursor substances, radioactive
pharmaceutical substances not in compliance with regulations of the Ministry of
Health.
2. A fine of between VND
20,000,000 and 30,000,000 shall be imposed for the acts of producing,
processing, storing, trading poisons, narcotic drugs, psychotropic drugs,
precursor substances, radioactive pharmaceutical substances not in compliance
with regulations of the Ministry of Health.
3. Forms of additional sanction:
stripping the right to use the certificate of sufficient conditions to practice
pharmacy from 6 months to 12 months for the violations specified in clause 1
and clause 2 of this Article.
Article 39.
Violation of the regulations on information and drug advertising and
labeling
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Advertising drug without the
receipt of registration dossiers for advertisement issued by the competent
health agency;
b) Providing information,
advertising drug which has not been permitted for circulation in Vietnam;
c) Contents of information,
advertising of drugs not in accordance with the registered records or failing
to modify the content of advertising at the request of the competent health
agency or printing, issuing or providing information, advertising drug when the
registration number of drug has expired;
d) Using the drug label which is
not approved by the competent health agency or printing drug label not in
compliance with the approved form;
đ) Putting in circulation on the
market the drugs which are not labeled with expiry, name and address of
manufacturer, name of the importer and the import permit number (drugs without
registration number) for foreign drug and having no instruction manual in Vietnamese
or additional label as prescribed for drug imported from abroad.
2. Forms of additional sanction:
stripping the right to use the certificate of sufficient conditions to practice
pharmacy from 6 months to 12 months for the violations of the provisions in
point a, b clause 1 of this Article.
3. Remedies: forced to apply the
remedies prescribed in point d clause 4 Article 7 of this Decree for the
violations prescribed in point d, đ, clause 1 of this Article.
Article 40.
Violation of regulations on cosmetics directly affecting human health
1. A fine of between VND
3,000,000 and 5,000,000 shall be imposed for one of the following acts:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) The cosmetics’ label is not
enough contents as prescribed;
c) Producing and trading
cosmetics which have not been registered for circulation or have not been
published quality standards as prescribed.
2. A fine of between VND
5,000,000 and 10,000,000 shall be imposed for one of the following acts:
a) Manufacturing and importing
cosmetics not guaranteeing quality;
b) Producing and trading
cosmetics with ingredients of substances banned from use in cosmetics or
exceeding the permitted limits for substances required to restrict
concentration, content of use;
c) Advertising cosmetics without
circulation registration numbers or which have not yet published quality
standards or not in compliance with registration documents;
d) Contents of information,
advertising of cosmetics are not in compliance with registered dossiers or
failing to modify the content of advertising at the request of the competent
health agencies;
đ) Trading cosmetics not
ensuring quality, expired, without registration numbers;
e) Advertising cosmetics without
the receipt of registration dossiers for advertisement of the competent health
agency;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. A fine of between VND
10,000,000 and 15,000,000 shall be imposed for acts of importing cosmetics or
raw material for producing cosmetics which have been published to ban from
circulation on the market by the producing countries.
4. Remedies:
a) Forced to apply the remedies
prescribed in point d clause 4 Article 7 of this Decree for violations of the
provisions in point a, b, c, d, đ, g clause 2 and clause 3 of this Article;
b) The funding for destruction
of cosmetics shall be paid by the violating individuals or organizations.
Article 41.
Violation of regulations on management of drug
1. A fine of between VND 200,000
and 500,000 shall be imposed for the act of failing to list the prices of drugs
as prescribed.
2. A fine of between VND 500,000
and 2,000,000 shall be imposed for the act of selling drugs at prices higher
than the listed one.
3. A fine of between VND 5,000,000
and 10,000,000 shall be imposed for the act of taking advantage of
difficulties, natural disasters or other special circumstances to raise drug
prices, squeeze drug prices causing damage to consumers.
4. A fine of between VND
8,000,000 and 12,000,000 shall be imposed for the violation of regulations on
drug price support policy of the State.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
6. Forms of additional sanction:
a) Stripping the right to use
certificates of sufficient conditions to practice for an indefinite duration
for the facilities of pharmaceutical practice committing violations specified
in clause 3, 4 and clause 5 of this Article;
b) Stripping the right to use
the certificate of registration of pharmaceutical business for an indefinite
duration when the facilities have violated 2 times the provisions in clause 4
of this Article;
c) Confiscating the entire price
difference due to sell higher prices stipulated in clause 2, 3, 4 and clause 5
of this Article.
ITEM 6: ACTS
OF ADMINISTRATIVE VIOLATIONS ON MEDICAL EQUIPMENT, FORMS, AND LEVELS OF
SANCTION
Article 42.
Violation of the provisions on conditions of medical equipment practice
1. A fine of between VND
3,000,000 and 8,000,000 shall be imposed for one of the following acts:
a) Failing to comply with
regulations for business registration of medical equipment;
b) The material facilities, and
technique, personnel for the production and sales of medical equipment are not
in accordance with provisions of the Ministry of Health;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. A fine of between VND
5,000,000 and 10,000,000 shall be imposed for one of the following acts:
a) Trading medical equipment
without circulation registration numbers; without permission for import by the
Ministry of Health or of unknown origin;
b) Trading fake medical
equipment;
c) Trading beyond the permitted
scope.
3. Forms of additional sanction:
Confiscating medical equipment for the violations in point a, and b clause 2 of
this Article.
Article 43.
Violation of regulations on the production of medical equipment
1. A fine of between 2,000,000
and 5,000,000 shall be imposed for the acts of producing medical equipment
without certificate of sufficient conditions to practice medical equipment or
using the certificate which was expired.
2. A fine of between VND
5,000,000 and 10,000,000 shall be imposed for one of the following acts:
a) Producing medical equipment
without registering the circulation number of products;
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c) Producing medical equipment
not meeting the standard of quality as announced.
3. Remedies: forced to apply the
remedies prescribed in point d clause 4 Article 7 of this Decree for the
violations of the provisions in point a, and c clause 2 of this Article.
Article 44.
Violation of regulations on information and advertisement of medical
equipment
A fine of between VND 5,000,000
and 10,000,000 shall be imposed for one of the following acts:
1. Advertisement of medical
equipment is not in accordance with features and effects of medical equipment.
2. Advertising medical equipment
without receipt of registration dossiers for advertisement of the competent
health agencies or which has not yet permitted for circulation in Vietnam.
3. Contents of information,
advertising of medical equipment are not in compliance with registered records
or failing to modify the content of advertising at the request of the competent
health agencies.
Chapter 3:
COMPETENCE, PROCEDURES
FOR HANDLING OF ADMINISTRATIVE VIOLATIONS
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1. While on duty, specialized
inspectors of hygiene, medical examination, treatment and pharmacy within its scope
of functions are entitled to warn or fine up to 200,000 VND and confiscate
material evidences and means used for administrative violation with value of up
to VND 2,000,000 and apply the remedies specified in point a, b and d clause 4
Article 7 of this Decree.
2. Chief Inspector of the Health
Department is entitled to warn or fine up to VND 20,000,000, strip the right to
use the certificates of sufficient conditions practice, certificates of
practice granted by the Ministry of Health or the Department of Health,
confiscate material evidences and means used for administrative violations,
request the competent agencies to withdraw the business registration
certificate and apply the remedies specified in point a, b and d clause 4
Article 7 of this Decree.
3. Chief Inspector of the
Ministry of Health is entitled to warn or fine up to a maximum level of VND
30,000,000 for the administrative violations in the health sector, strip the
right to use the practice certificates, the certificates of sufficient conditions
practice granted by the Ministry of Health or the Department of Health and
confiscate material evidences and means used for administrative violations,
request the competent agencies to withdraw the business registration
certificate and apply the remedies prescribed in point a, b and d clause 4
Article 7 of this Decree.
Article 46.
The competence to sanction of the Presidents of the People's Committees at all
levels
1. Presidents of the
commune-level People's Committees are competent to warn, fine up to VND
500,000, confiscate material evidences and means used for administrative
violations with value of up to VND 500,000, force to performance of the
remedies specified in points a, b and d clause 4 of Article 7 of this Decree.
2. Presidents of the District-level
People's Committees are competent to warn, fine up VND 20,000,000 and
confiscate material evidences and means used for administrative violations;
strip the right to use practice certificates, certificates of sufficient
conditions to practice granted by the Ministry of Health or the Departments of
Health, certificates of business registration; apply the remedies prescribed in
points a, b and d clause 4 Article 7of this Decree.
3. Presidents of the
provincial-level People's Committees are competent to warn, fine up to maximum
of VND 30,000,000 for the administrative violations in the health sector, strip
the right to use practice certificates, certificates of sufficient conditions
to practice granted by the Ministry of Health or the Departments of Health,
certificates of business registration; confiscate material evidences and means
used for administrative violations; apply the remedies prescribed in clause 4
Article 7 of this Decree.
Article 47.
Competence to sanction of other agencies
1. Apart from the persons
specified in Article 45 and Article 46 of this Decree, the others in accordance
with the Ordinance on Handling of Administrative Violations in the functions
and duties assigned that detect administrative violations specified in this
Decree to be of their management fields or areas, are entitled to sanction.
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Article 48.
Procedures for handling of administrative violations
Procedures for handling of
administrative violations in the health sector is applied under the Ordinance
on Handling of Administrative Violations and Chapter IV, Procedures for
handling of administrative violations of the Decree No.134/2003/ND-CP dated
November 14, 2003 of the Government detailing the implementation of a number of
Articles of the 2002 Ordinance on Handling of administrative Violations.
Chapter 4:
IMPLEMENTATION
PROVISIONS
Article 49.
Effect
This Decree takes effect 15 days
after its publication in the Official Gazette. Annulling Decree No. 46/CP dated
August 06, 1996 of the Government on sanction of administrative violations in
the field of state management on health.
Article 50.
Responsibility of implementation
The ministers, heads of
ministerial-level agencies, heads of governmental agencies, Presidents of the
People’s Committees of provinces and cities directly under the Central
Government are responsible for the implementation of this Decree.
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Phan
Van Khai
(Signed)
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