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THE
GOVERNMENT OF VIETNAM
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.
90/2026/ND-CP
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Hanoi,
March 30, 2026
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DECREE
PRESCRIBING PENALTIES FOR ADMINISTRATIVE VIOLATIONS IN
HEALTH SECTOR
Pursuant to the Law on
Government Organization No. 63/2025/QH15;
Pursuant to the Law on Handling
of Administrative Violations No. 15/2012/QH13, as amended by the Law No.
67/2020/QH14 and the Law No. 88/2025/QH15;
Pursuant to the Law on Pharmacy
No. 105/2016/QH13, as amended by the Law No. 44/2024/QH15;
Pursuant to the Law on HIV/AIDS
Prevention and Control No. 64/2006/QH11, as amended by the Law No.
71/2020/QH14;
Pursuant to the Law on donation,
removal and transplantation of human tissues and organs, and cadaver donation
No. 75/2006/QH11;
Pursuant to the Law on
Prevention and Control of Infectious Diseases No. 03/2007/QH12, as amended by
the Law No. 15/2008/QH12 and the Law No. 35/2018/QH14;
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Pursuant to the Law on Medical
Examination and Treatment No. 15/2023/QH15;
Pursuant to the Law on
Prevention and Control of Tobacco Harms No. 09/2012/QH13;
Pursuant to the Law on Prevention
and Control of Harmful Effects of Alcoholic Beverages No. 44/2019/QH14;
Pursuant to the Resolution of
the National Assembly regarding interpellation at the 8th Session of
the 15th National Assembly No. 173/2024/QH15;
Pursuant to the Ordinance on
Population No. 06/2003/PL-UBTVQH11, as amended by the Ordinance No.
07/2025/UBTVQH15;
At the request of the Minister
of Health of Vietnam;
The Government of Vietnam
promulgates a Decree prescribing penalties for administrative violations in
health sector.
Chapter I
GENERAL PROVISIONS
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1. This Decree deals with
administrative violations, penalties, fines, remedial measures against each
violation, the power to make records of violations, and the power granted to
each title holder to impose penalties for administrative violations in the
health sector.
2. Administrative violations in the
health sector prescribed in this Decree are acts committed by individuals or
organizations that contravene regulations on state management in the health
sector, are committed with fault, do not constitute criminal offences, and are
subject to administrative penalties as prescribed by law, including:
a) Violations against regulations
on preventive medicine, and HIV/AIDS prevention and control;
b) Violations against regulations
on medical examination and treatment;
c) Violations against regulations
on pharmacy and cosmetics;
d) Violations against regulations
on medical devices;
dd) Violations against regulations
on health insurance;
e) Violations against regulations
on population.
3. Other administrative violations
in the health sector which are not prescribed herein but are provided for in
other Decrees prescribing penalties for administrative violations shall be
considered and handled in accordance with provisions of such Decrees.
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1. Vietnamese and foreign
organizations and individuals (hereinafter referred to as “entities”) that
commit administrative violations in the health sector as prescribed herein,
persons having the power to make records of violations, persons having the
power to impose penalties, and other relevant entities.
2. Organizations incurring
penalties as prescribed herein include:
a) Economic organizations that are
duly established under provisions of the Law on Enterprises, including: sole
proprietorships, partnerships, limited liability companies, joint-stock
companies, and their affiliated units (including branches and representative
offices);
b) Co-operatives and cooperative
unions that are duly established under the Law on co-operatives;
c) Organizations that are duly
established under provisions of the Law on Investment and the Law on Commerce,
including: domestic investors, foreign investors (excluding individual
investors) and foreign invested economic organizations; representative offices
and branches of foreign traders in Vietnam; representative offices of foreign
trade promotion organizations in Vietnam;
d) Social organizations,
socio-political organizations, socio-political-professional organizations, and
socio-professional organizations;
dd) Administrative units;
e) Regulatory authorities
committing the violations which are not related to their assigned management
tasks;
g) Artels;
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3. Household businesses, family
households, domestic and foreign individual investors shall be liable to the
same penalties as those imposed upon individuals for committing the
administrative violations prescribed herein.
Article 3.
Penalties and remedial measures
1. Primary penalties:
a) Warning;
b) Fine.
2. Additional penalties to be
imposed under this Decree include:
a) Suspension of
licenses/practicing certificates for a fixed period of 01 - 24 months;
b) Confiscation of the exhibits and
instrumentalities used for committing the administrative violations in the
health sector (hereinafter referred to as “exhibits/instrumentalities”);
c) Suspension of operations for a
fixed period of 01 - 24 months.
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a) The remedial measures prescribed
in points c, d, dd, e, g, h and i clause 1 Article 28 of the Law on Handling of
Administrative Violations (as amended in 2020 and 2025) (hereinafter referred
to as “Law on Handling of Administrative Violations”);
b) Other remedial measures as
prescribed in Chapter II hereof.
4. The implementation of the
penalties and remedial measures prescribed herein shall comply with provisions
of the Law on Handling of Administrative Violations, and documents providing
guidelines for the implementation of this Law. If, upon the expiry of the
suspension period of operations, the violating entity fails to meet the
relevant conditions as prescribed, the violating entity shall continue to be
liable to administrative penalties in accordance with regulations of law.
5. Terminated administrative
violations and ongoing administrative violations shall be determined in
accordance with provisions of clause 1 Article 8 of the Government’s Decree No.
118/2021/ND-CP dated December 23, 2021 elaborating and providing measures for implementation
of the Law on Handling of Administrative Violations, as amended by the
Government’s Decree No. 68/2025/ND-CP dated March 18, 2025 and the Government’s
Decree No. 190/2025/ND-CP dated July 01, 2025.
6. An entity that repeatedly
commits an administrative violation shall incur penalties for each commission
of violation, except the cases where an entity commits one of the violations
prescribed in point d clause 1 Article 52; clause 4 Article 53; points b, c
clause 1 Article 55; clauses 1, 2, 3, and 4 Article 56; points a, c, d clause
2, points a, c, d, dd, h clause 3, point h clause 4 Article 57; points a, c, d,
dd, e clause 1, points a, b, c clause 2, points a, d clause 3, points c, d, dd
clause 4, clause 5, clause 6 Article 58; points c, d, dd, e clause 1, points a,
b, c, d clause 2, points c, d, dd, g, h, k, l, m clause 3, points a, b, c, d,
dd, g, h, i, k, l clause 4, clause 5, clause 6 Article 59; points a, c, d, dd
clause 1, points b, c, d, dd clause 2, points a, c, d, dd, e, h, i clause 3, clause
4, clause 5, clause 6 Article 60; points a, b, dd clause 1, points a, c, d
clause 2, points a, b, c clause 3 Article 61; clauses 1, 2 Article 65; clauses
1, 2 and 3 Article 66; clauses 1, 2, 3, 4, 5 Article 67; clauses 1, 2 and 3
Article 68; clause 1 and clause 2 Article 70; clauses 1, 2 and 3 Article 71 of
this Decree, at different times but has not yet been subjected to any
administrative penalties, the prescriptive period for imposing penalties for
the violation has not yet expired, and such commission of violation is detected
and recorded in a single record of administrative violation, in which case
penalties for such violation shall be considered and imposed once while the
repeated commission of the administrative violation shall be taken into account
as an aggravating circumstance as prescribed in point b clause 1 Article 10 of
the Law on Handling of Administrative Violations.
7. Online handling of
administrative violations in the health sector shall comply with provisions of
the Decree No. 118/2021/ND-CP, as amended by the Decree No. 68/2025/ND-CP and
the Decree No. 190/2025/ND-CP.
Article 4.
Fines
1. The maximum fine for an
administrative violation against regulations on population imposed upon an
individual is VND 30.000.000; that imposed upon an organization is VND
60.000.000.
2. The maximum fine for an
administrative violation against regulations on preventive medicine, and
HIV/AIDS prevention and control, imposed upon an individual is VND 50.000.000;
that imposed upon an organization is VND 100.000.000.
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4. The maximum fine for an
administrative violation against regulations on medical examination and
treatment, pharmacy, cosmetics and medical devices imposed upon an individual
is VND 100.000.000; that imposed upon an organization is VND 200.000.000.
5. The fines prescribed in Chapter
II hereof are those imposed upon violating individuals. The fine imposed upon
an organization is twice as much as that imposed upon an individual for
committing the same administrative violation.
6. The fines imposed by each title
holder specified in Chapter III hereof are incurred by individuals. A title
holder is entitled to impose a fine which is twice as much as that imposed upon
an individual upon an organization for committing the same administrative
violation.
Chapter II
ADMINISTRATIVE
VIOLATIONS, PENALTIES, AND REMEDIAL MEASURES
Section 1.
VIOLATIONS AGAINST REGULATIONS ON PREVENTIVE MEDICINE, AND HIV/AIDS PREVENTION
AND CONTROL
Article 5.
Violations against regulations on dissemination of information, education, and
communication on prevention and control of infectious diseases
1. The following fines shall be
imposed for failing to organize information dissemination, education and
communication activities in prevention and control of infectious diseases for
employees at the request of competent authorities:
a) A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed upon an establishment employing
fewer than 100 employees;
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c) A fine ranging from VND
5.000.000 to VND 7.000.000 shall be imposed upon an establishment employing
from 300 to fewer than 500 employees;
d) A fine ranging from VND
7.000.000 to VND 10.000.000 shall be imposed upon an establishment employing
from 500 to fewer than 1.000 employees;
dd) A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed upon an establishment employing
from 1.000 to fewer than 1.500 employees;
e) A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed upon an establishment employing
from 1.500 to fewer than 2.500 employees;
g) A fine ranging from VND
20.000.000 to VND 25.000.000 shall be imposed upon an establishment employing
2.500 employees or more.
2. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for failing to implement, or
improperly implementing, regulations on broadcasting time or volume or capacity
or location for publishing information on prevention and control of infectious
diseases.
3. A fine ranging from VND 10.000.000
to VND 15.000.000 shall be imposed for commission of one of the following
violations:
a) Failing to provide accurate and
timely information on an epidemic upon declaration of epidemic or declaration
of end of epidemic, as provided by competent health agencies;
b) Charging for the provision of
information, education, and communication on the prevention and control of
infectious diseases on means of mass media, unless the payment is made under a
contract signed for implementing a program/project or such activities are
sponsored by domestic or foreign entities.
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a) The entity committing the
violation in Point a Clause 3 of this Article is compelled to correct false
information on means of mass media at the place where the false information has
been published for at least 03 consecutive days as prescribed by law;
b) The entity committing the
violation in Point b Clause 3 of this Article is compelled to return any
amounts of money collected against regulations of law. The amounts of money
which cannot be returned to payers shall be paid to the state budget in
accordance with regulations of law.
Article 6.
Violations against regulations on sanitation and hygiene for prevention of
infectious diseases
1. A fine ranging from VND 200.000
to VND 500.000 shall be imposed for failing to implement hygiene measures at
residences, public areas, vehicles and domestic waste storage areas for
preventing infectious diseases.
2. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed for failure to implement hygiene
measures at residences, public areas, vehicles and domestic waste storage areas
which causes or spreads an infectious disease.
3. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for commission of one of the following
violations:
a) Failing to provide adequate
drink water and clean domestic water that meet quality standards in educational
institutions as prescribed by law;
b) Failing to build or building
sanitation works which do not meet hygiene requirements in educational
institutions as prescribed by law;
c) Failing to provide adequate
lighting in educational institutions as prescribed by law;
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dd) Failing to disseminate
information on hygiene and sanitation for disease prevention or failing to
inspect and supervise environmental sanitation activities; failing to implement
measures for prevention and control of infectious diseases in educational
institutions.
4. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for failing to implement measures
for ensuring hygiene in manufacturing/business establishment, treatment of
industrial waste, and other hygiene measures as prescribed by law, and thus
causing or spreading infectious diseases.
5. Remedial measures:
The entity committing any of the
violations in Clauses 2 and 4 of this Article is compelled to implement
cleaning, disinfection and sterilization measures.
Article 7.
Violations against regulations on infectious disease surveillance
1. A fine ranging from VND 500.000
to VND 1.000.000 shall be imposed for concealing, failing to report or delaying
the reporting when detecting a person infected with an infectious disease as
prescribed by law, except the case prescribed in Point a Clause 3 of this
Article.
2. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed for commission of one of the following
violations:
a) Failing to perform tests at the
request of competent health agencies during the infectious disease
surveillance;
b) Failing to submit reports, or
submitting reports which are inaccurate or non-compliant, on infectious disease
surveillance as prescribed by law;
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3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for commission of one of the
following violations:
a) Concealing, failing to report or
delaying the reporting on personal status of infection from a group-A
infectious disease or the infection from a group-A infectious disease of
others;
b) Deliberately providing false
reports or information on group-A infectious diseases;
c) Deliberately spreading pathogens
causing group-A infectious diseases.
Article 8.
Violations against regulations on laboratory biosafety
1. A fine ranging from VND 3.000.000
to VND 5.000.000 shall be imposed for commission of one of the following
violations:
a) Failing to meet one of the
requirements for a biosafety level 1 laboratory after declaring compliance with
biosafety level 1 laboratory standards;
b) Failing to carry out an
assessment of biosafety risks at a testing laboratory;
c) Performing tests beyond the
professional scope after declaring compliance with biosafety level 1 or level 2
laboratory standards;
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dd) Failing to prepare and maintain
records of the handling of minor biosafety incidents at the testing laboratory.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to meet one of the
requirements for a biosafety level 2 laboratory after declaring compliance with
biosafety level 2 laboratory standards;
b) Failing to formulate a plan for
biosafety incident prevention and response, or formulating such a plan that
does not contain adequate contents as prescribed by law;
c) Failing to disinfect or
sterilize waste generated from testing activities before putting it into the
waste collection system or temporary waste storage area of a biosafety level 2
laboratory.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to mobilize, or failing
to mobilize in a timely manner, the necessary personnel and equipment for
responding to a biosafety incident according to the plan for biosafety incident
prevention and response as prescribed by law;
b) Collecting, transporting,
maintaining, storing, using, researching, exchanging and destroying
pathological samples carrying pathogens of infectious diseases against
regulations on management of infectious disease samples;
c) Failing to submit reports to the
relevant Provincial-level Department of Health on serious biosafety incidents
and measures taken against such incidents.
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a) Failing to meet one of the
requirements for a biosafety level 3 laboratory after obtaining a certificate
of compliance with biosafety level 3 laboratory standards;
b) Maintaining, storing, using,
researching, exchanging and destroying samples of group-A infectious diseases
without satisfying the prescribed conditions;
c) Failing to disinfect or sterilize
waste generated from testing activities before putting it into the waste
collection system or temporary waste storage area of a biosafety level 3
laboratory.
5. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to organize annual
drills on biosafety incident prevention and response at a biosafety level 3
laboratory;
b) Performing tests without having
completed procedures for self-declaration of compliance with biosafety level 1
or level 2 laboratory standards, or without obtaining a certificate of
compliance with biosafety level 3 laboratory standards, or after such
certificate has expired.
6. Additional penalties:
a) Operations of the biosafety laboratory
shall be suspended for a fixed period of 01 – 03 months in case of commission
of any of the violations in Points a, c Clause 1, Point a Clause 2 and Point b
Clause 4 of this Article;
b) Operations of the biosafety
level 1 or 2 laboratory shall be suspended for a fixed period of 03 – 06 months
in case of commission of the violation in Point b Clause 5 of this Article;
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Article 9.
Violations against regulations on use of vaccines and biologicals
1. A warning shall be imposed for
the commission of one of the following violations:
a) Failing to administer, or
obstructing the administration of, mandatory vaccines and medical biologicals
to children or pregnant women for infectious diseases included in the Expanded
Program on Immunization;
b) Failing to provide pre-vaccination
counseling for vaccine recipients, or parents, families, or guardians of
children receiving vaccination; failing to provide advise on the benefits and
potential risks associated with vaccination;
c) Failing to provide instructions
to vaccine recipients, or families of children receiving vaccination on the
monitoring and management of post-vaccination side effects;
d) Failing to submit reports, or
submitting reports which are inaccurate or non-compliant, on vaccination as
prescribed by law.
2. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to administer, or
obstructing the administration of, vaccines and biologicals for
vaccine-preventable diseases in cases where there is a risk of infectious
disease in epidemic areas, or for persons traveling to or assigned to such
areas, in accordance with the requirements or guidance of competent
authorities;
b) Failing to issue and maintain
physical or electronic personal vaccination records for persons receiving
vaccination at the vaccination clinic;
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d) Failing to monitor vaccine
recipients for at least 30 minutes after vaccination and instruct them or their
families to continue monitoring side effects for at least 24 hours after
vaccination;
dd) Failing to prepare and provide
adequate relevant documents as requested to enable the Provincial-level
Advisory Council to determine the eligibility for compensation in cases of
serious adverse events or death resulting from vaccination;
e) Failing to retain and manage
documents concerning vaccination and post-vaccination side effects as
prescribed by law.
3. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to conduct
pre-vaccination screening, or conducting pre-vaccination screening
inadequately, for persons receiving vaccination;
b) Failing to strictly comply with
regulations on receipt, transport and storage of vaccines;
c) Failing to strictly comply with
regulations of law and professional guidance on vaccination safety and
management of vaccine recipients;
d) Failing to record adequate
information on serious adverse events in accordance with regulations of the
Minister of Health and submit a report to the Provincial-level Department of
Health within 24 hours from the occurrence of such events;
dd) Failing to organize vaccination
against epidemics at the request of competent authorities in case a health
facility has registered with the Provincial-level Department of Health for
participation in the Expanded Program on Immunization;
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g) Selling vaccines and biologicals
included in the Expanded Program on Immunization.
4. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to follow vaccine
indications and ensure safety during the administration of vaccines;
b) Failing to immediately suspend
the vaccination session upon the occurrence of a serious adverse event
following vaccination;
c) Failing to meet one of the
requirements for a fixed vaccination clinic after having submitted a
declaration of eligibility for vaccination.
5. A fine ranging from VND 10.000.000
to VND 20.000.000 shall be imposed for commission of one of the following
violations:
a) Administering vaccines and
biologicals at a facility that fails to meet eligibility requirements
prescribed by law;
b) Giving vaccination before
completing the procedures for declaration of eligibility for vaccination;
c) Failing to give emergency
treatment and investigate the causes of serious adverse events following
vaccination;
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dd) Failing to give emergency and
medical treatment to the patient suffering from a serious adverse event
following vaccination, and submit a report to the Provincial-level Department
of Health within 24 hours of receiving the patient;
6. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for administering vaccines which
are not granted certificate of registration, have expired, or are of
substandard quality.
7. Additional penalties:
a) All or part of operations of the
violating entity shall be suspended for a fixed period of 01 – 03 months in
case of commission of one of the violations in Point a, b, c Clause 3, Clause
4, Clause 5 and Clause 6 of this Article;
b) The medical examination and
treatment practicing certificate or license shall be suspended for a fixed
period of 01 – 03 months in case of commission of one of the violations in
Points a, b, c Clause 3, Point a Clause 4, and Points c, d, dd Clause 5 of this
Article.
8. Remedial measures:
a) The entity committing the
violation in Point e or g Clause 3 of this Article is compelled to return any
amounts of money collected against regulations of law. Any amounts which cannot
be returned to payers shall be paid to the state budget in accordance with
regulations of law;
b) Vaccines involving the violation
in Clause 6 of this Article shall be destroyed.
Article 10.
Violations against prevention of transmission of infectious diseases in health
facilities
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a) Failing to declare, or making
false declarations of, one’s infectious disease status to medical practitioners
or healthcare workers;
b) Failing to register for health
monitoring with the medical station of commune, ward or communal-level town
where the person infected with a group-A infectious disease resides after
discharge from, or completion of treatment at, a health facility;
c) Failing to provide counseling on
measures for prevention and control of infectious diseases for patients and
their family members at health facilities.
2. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to provide information
on persons infected with infectious diseases who receive medical examination
and treatment at the health facility to the preventive medicine authority of
the same level;
b) Failing to monitor the health of
medical practitioners and healthcare workers who directly provide medical
examination and treatment for persons infected with group-A infectious
diseases;
c) Failing to implement measures
for prevention and control of the transmission of infectious diseases from
infected persons;
d) Failing to clean, disinfect,
sterilize, and implement other measures for prevention and control of
infectious diseases upon detecting environments contaminated with pathogens of
group B or C infectious diseases, or persons infected with, or suspected of
being infected with, or carrying pathogens of, group B or C infectious
diseases.
3. A fine ranging from VND
5.000.000 to VND 7.000.000 shall be imposed for failing to notify competent
health agencies upon detecting environments contaminated with pathogens of
group A infectious diseases, or persons infected with, or suspected of being
infected with, or carrying pathogens of, group A infectious diseases.
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5. Remedial measures:
The entity committing the violation
in Point d Clause 2 or Clause 4 of this Article is compelled to carry out
cleaning, disinfection, sterilization, and implement other measures for
prevention and control of infectious diseases.
Article 11.
Violations against regulations on medical isolation and coercive medical
isolation
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to organize or enforce
medical isolation for cases subject to compulsory medical isolation prescribed
by law, except the case prescribed in Point a Clause 2 of this Article;
b) Refusing or evading medical
isolation or coercive medical isolation measures ordered by competent
authorities, except the case prescribed in Point b Clause 2 of this Article;
c) Failing to compile a list of,
and monitor the health of, persons who have been in contact with persons
subject to medical isolation or coercive isolation measures as prescribed by
law.
2. A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to organize medical
isolation of persons infected with group A infectious diseases;
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c) Organizing medical isolation or
coercive medical isolation at a location that does not meet the requirements
for conducting medical isolation or coercive medical isolation as prescribed by
law.
3. Remedial measures:
Enforced implementation of medical
isolation or coercive medical isolation if one of the violations in Points a, b
Clause 1 and Points a, b Clause 2 of this Article is committed.
Article 12.
Violations against regulations on epidemic control measures
1. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to adopt personal
protective measures for persons participating in epidemic control and those at
risk of infection according to the guidance of health agencies, including:
wearing face masks, hand hygiene, physical distancing, health declaration, and
other measures;
b) Failing to submit reports on
infection cases to the local People’s Committee or preventive medicine
authority as prescribed by law.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for commission of one of the
following violations:
a) Concealing one’s own infectious
disease status or that of another person when the disease has been officially
declared an epidemic;
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c) Failing to participate in
epidemic control activities according to mobilization decisions issued by
competent officials, except the cases specified in Point m Clause 5 Article 38
and Point b Clause 4 Article 39 of this Decree;
d) Charging for medical examination
and treatment services rendered to persons infected with group A infectious
diseases;
dd) Failing to implement decisions
on compulsory destruction of animals, plants, and other items serving as
disease vectors, except the cases prescribed in Point c Clause 4 and Point d
Clause 5 of this Article.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to implement decisions
on temporary suspension of operations of public food service establishments
that pose a risk of epidemic disease transmission in an epidemic area;
b) Failing to implement decisions
on prohibition of trading or use of foods serving as disease vectors;
c) Failing to implement decisions
on restrictions on public gatherings or temporary suspension of business operations
and provision of services at public places.
4. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to implement decisions
on inspection, monitoring, and health treatment measures when entering or
leaving epidemic areas of a group-A infectious disease;
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c) Failing to implement decisions
on compulsory destruction of animals, foods, plants and other items serving as
vectors of group A infectious diseases.
5. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to comply with requests
for health inspection or health treatment of vehicles before they leave an
epidemic area during the state of epidemic emergency;
b) Failing to implement decisions on
no gathering of crowds in areas where a state of epidemic emergency has been
declared according to resolutions, decisions, directives, and other documents
issued by competent authorities;
c) Bringing persons or vehicles
without authorization into disease clusters in areas where a state of epidemic
emergency has been declared;
d) Failing to implement decisions
on compulsory destruction of animals, foods, plants, and other items capable of
transmitting the disease to people in areas where the state of epidemic
emergency has been declared.
6. Remedial measures:
a) The entity committing the
violation in Point b Clause 2 of this Article is compelled to implement
cleaning, disinfection and sterilization measures;
b) The entity committing the
violation in Point d Clause 2 of this Article is compelled to return any
amounts of money collected against regulations of law. Any amounts which cannot
be returned to payers shall be paid to the state budget in accordance with
regulations of law;
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d) Enforced implementation of
health treatment measures against vehicles, in case of commission of the
violation in Point a Clause 5 of this Article.
Article 13.
Violations against regulations on border health quarantine
1. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to submit a written
report to the Ministry of Health on carving, re-carving, revocation,
destruction, invalidation, or loss of the health quarantine seal;
b) Failing to make a record of
specimen health quarantine seals;
c) Failing to prepare and keep documents
when carving or re-carving health quarantine seals as prescribed;
d) Failing to immediately contact
the border health quarantine unit at the checkpoint area if a passenger or
aircrew member on board an aircraft or a ship displays signs or symptoms of an
infectious disease before the aircraft takes off or lands or the ship arrives
at the port;
dd) Deliberately embarking or
disembarking, unloading or receiving goods when a ship anchors pending heath
quarantine or is quarantined, unless the ship is in distress.2. A fine ranging
from VND 5.000.000 to VND 7.000.000 shall be imposed for commission of one of
the following violations:
a) Failing to follow the health
inspection and health treatment measures carried out by the border health
quarantine unit as prescribed by law, except the case prescribed in Clause 4 of
this Article;
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c) Erasing, altering, or lending
symbols, badges, identification cards, or uniforms of health quarantine
officers, or traditional flags of border health quarantine units for purposes
other than official use;
d) Failing to submit health
declarations, or submitting false or untruthful declarations, in relation to
border health quarantine as prescribed by law.
3. A fine ranging from VND
7.000.000 to VND 10.000.000 shall be imposed for committing one of the
following violations:
a) Transporting corpses, remains,
ashes, biological preparations, microorganisms, human tissues or organs, blood,
or blood components across the border without inspection by a health quarantine
unit;
b) Importing samples of blood,
serum, plasma, urine, feces, body fluids, or other human materials that
contain, or may contain, infectious agents, or microorganism species or samples
capable of causing human diseases, for purposes of prevention, research,
diagnosis, or medical treatment, without a valid import permit.
4. A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for failing to comply with
regulations on medical isolation, coercive medical isolation, and health
treatment measures against people, vehicles, goods and other health quarantine
subjects carrying pathogens causing any group-A infectious diseases.
5. Remedial measures:
a) The entity committing the
violation in Point a Clause 2 of this Article is compelled to follow the health
inspection and health treatment measures;
b) Enforced implementation of
health treatment measures, in case of commission of the violation in Point a
Clause 3 of this Article. If requirements for prevention and control of
infectious diseases are not met, the violating subjects/articles shall be taken
out of the territory of the Socialist Republic of Vietnam or re-exported;
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d) Enforced
organization/implementation of medical isolation, coercive medical isolation
and health treatment measures against people, vehicles, goods and goods
carrying pathogens causing any group-A infectious diseases in case of
commission of the violation in Clause 4 of this Article.
Article 14.
Violations against other regulations on preventive medicine
1. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for employing persons infected with
infectious diseases to directly do the jobs that may cause the transmission of such
infectious diseases to others or to the public, unless they directly engage in
production or trading of foods, food additives, food processing aids, food
containers or primary packages of foods, or directly provide food and beverage
services.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for failing to comply with
measures for prevention and control of infectious diseases at the request of
competent authorities, except the cases prescribed in Articles 5 through 13
hereof.
Article 15.
Violations against regulations on domestic water quality
1. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed for failing to submit reports on
water quality to competent authorities as prescribed.
2. A fine ranging from VND 3.000.000
to VND 5.000.000 shall be imposed upon a water-using entity for committing one
of the following violations:
a) Failing to ensure that the
testing of water quality parameters for each water sample is performed by an
accredited laboratory or certification body as prescribed by law;
b) Failing to publicly disclose the
results of water quality parameter testing upon the completion of each test as
prescribed by law;
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3. A fine ranging from VND
5.000.000 to VND 7.000.000 shall be imposed upon a water-using entity for
committing one of the following violations:
a) Failing to ensure that water
supplied for domestic purposes meets the national technical regulations on
domestic water quality, where the cause is attributable to the water-using
entity;
b) Failing to test 06 or more
parameters for each water sample as prescribed by law.
4. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed upon a water-supplying entity with
a design capacity of less than 1.000 m3/24 hours or serving fewer
than 6.500 people for committing one of the following cases:
a) Failing to ensure that the
testing of water quality parameters for each water sample is performed by an
accredited laboratory or certification body as prescribed by law;
b) Failing to publicly disclose the
results of water quality parameter testing upon the completion of each test as
prescribed by law;
c) Failing to test from 01 to 05
parameters for each water sample as prescribed by law.
5. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed upon a water-supplying entity with
a design capacity of less than 1.000 m3/24 hours or serving fewer
than 6.500 people for committing one of the following cases:
a) Failing to ensure that water
supplied for domestic purposes meets the national technical regulations on
domestic water quality;
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6. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed upon a water-supplying entity
with a design capacity of less than 1.000 m3/24 hours or serving
fewer than 6.500 people for failing to collect the required number of samples
for each test as prescribed by law.
7. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed upon a water-supplying entity
with a design capacity of less than 1.000 m3/24 hours or serving
fewer than 6.500 people for failing to carry out periodic testing of water
quality parameters for each test as prescribed.
8. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed upon a water-supplying entity
with a design capacity of from 1.000 m3/24 hours to fewer than
15.000 m3/24 hours or serving from 6.500 to fewer than 100.000
people for committing one of the following cases:
a) Failing to ensure that the
testing of water quality parameters for each water sample is performed by an
accredited laboratory or certification body as prescribed by law;
b) Failing to publicly disclose the
results of water quality parameter testing upon the completion of each test as
prescribed by law;
c) Failing to test from 01 to 05
parameters for each water sample as prescribed by law.
9. A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed upon a water-supplying entity
with a design capacity of from 1.000 m3/24 hours to fewer than
15.000 m3/24 hours or serving from 6.500 to fewer than 100.000
people for committing one of the following cases:
a) Failing to ensure that water
supplied for domestic purposes meets the national technical regulations on
domestic water quality;
b) Failing to test 06 or more
parameters for each water sample as prescribed by law.
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11. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed upon a water-supplying entity
with a design capacity of from 1.000 m3/24 hours to fewer than
15.000 m3/24 hours or serving from 6.500 to fewer than 100.000
people for failing to carry out periodic testing of water quality parameters
for each test as prescribed.
12. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed upon a water-supplying entity
with a design capacity of from 15.000 m3/24 hours to fewer than
30.000 m3/24 hours or serving from 100.000 to fewer than 200.000
people for committing one of the following cases:
a) Failing to ensure that the
testing of water quality parameters for each water sample is performed by an
accredited laboratory or certification body as prescribed by law;
b) Failing to publicly disclose the
results of water quality parameter testing upon the completion of each test as
prescribed by law;
c) Failing to test from 01 to 05
parameters for each water sample as prescribed by law.
13. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed upon a water-supplying entity
with a design capacity of from 15.000 m3/24 hours to fewer than
30.000 m3/24 hours or serving from 100.000 to fewer than 200.000
people for committing one of the following cases:
a) Failing to ensure that water
supplied for domestic purposes meets the national technical regulations on
domestic water quality;
b) Failing to test 06 or more
parameters for each water sample as prescribed by law.
14. A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed upon a water-supplying entity
with a design capacity of from 15.000 m3/24 hours to fewer than
30.000 m3/24 hours or serving from 100.000 to fewer than 200.000
people for committing one of the following cases:
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b) Failing to carry out periodic
testing of water quality parameters for each test as prescribed.
15. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed upon a water-supplying entity
with a design capacity of 30.000 m3/24 hours or more, or serving
200.000 people or more for committing one of the following cases:
a) Failing to ensure that the
testing of water quality parameters for each water sample is performed by an
accredited laboratory or certification body as prescribed by law;
b) Failing to publicly disclose the
results of water quality parameter testing upon the completion of each test as
prescribed by law;
16. A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed upon a water-supplying entity
with a design capacity of 30.000 m3/24 hours or more, or serving
200.000 people or more for committing one of the following cases:
a) Failing to ensure that water
supplied for domestic purposes meets the national technical regulations on
domestic water quality;
b) Failing to test 06 or more
parameters for each water sample as prescribed by law;
c) Failing to collect the required
number of samples for each test as prescribed by law;
d) Failing to carry out periodic
testing of water quality parameters for each test as prescribed.
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1. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed upon a funeral home or crematorium
for failing to meet hygienic conditions as prescribed by law.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to comply with, or
inadequately complying with, regulations of law on hygiene in the keeping,
preparation, and shrouding of corpses, and in transport of coffins containing
the bodies of persons who have died from infectious diseases;
b) Failing to carry out hygienic
treatment of the bodies of persons who have died from infectious diseases;
c) Failing to strictly comply with
regulations on burial in mass graves.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for failing to strictly comply
with regulations on hygiene in exhumation and reburial where the period from
burial to exhumation and reburial is less than 36 months.
4. Remedial measures:
Enforced implementation of measures
for treatment of environmental pollution caused by one of the violations in
Clauses 1, 2, and 3 of this Article.
Article 17.
Violations against regulations on occupational health, diseases and accidents
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a) Failing to consolidate the
results of screening examinations for occupational diseases or periodic
examinations for workers with occupational diseases upon the completion of each
examination cycle as prescribed by law;
b) Failing to compile an occupational
disease dossier for the worker who is diagnosed with an occupational disease;
c) Failing to submit reports on
occupational disease cases or annual reports on occupational disease
examination to competent authorities as prescribed by law;
d) Failing to submit annual reports
on victims of occupational accidents receiving medical examination and
treatment at the health facility to competent authorities as prescribed by law.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed upon an agency or unit providing
training in first aid and emergency care for commission of one of the following
violations:
a) Failing to submit reports on
medical units providing training in first aid and emergency care or training
for issuance of professional certificates/certifications of occupational health
to competent authorities as prescribed by law;
b) Providing training in first aid
and emergency care with inadequate training duration or contents.
3. The following fines shall be
imposed for violations against regulations on examination and treatment of
occupational diseases:
a) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for providing false results of
occupational disease examination and treatment;
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4. Additional penalty:
The medical examination and treatment
practicing certificate or license shall be suspended for a fixed period of 01 -
03 months in case of commission of the violation in Clause 3 of this Article.
Article 18.
Violations against regulations on dissemination of information, education and
communication on HIV/AIDS prevention and control
1. A warning or the following fines
shall be imposed for failing to organize education and dissemination of
information about HIV/AIDS prevention and control measures at the request of
competent authorities:
a) A warning shall be imposed upon
an establishment employing fewer than 50 employees;
b) A fine ranging from 1.000.000 to
VND 2.000.000 shall be imposed upon an establishment employing from 50 to fewer
than 100 employees;
c) A fine ranging from 2.000.000 to
VND 3.000.000 shall be imposed upon an establishment employing from 100 to
fewer than 200 employees;
d) A fine ranging from 3.000.000 to
VND 5.000.000 shall be imposed upon an establishment employing from 200 to
fewer than 500 employees;
dd) A fine ranging from 5.000.000
to VND 10.000.000 shall be imposed upon an establishment employing from 500 to
fewer than 1.000 employees;
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g) A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed upon an establishment employing
from 1.500 to fewer than 2.000 employees;
h) A fine ranging from 20.000.000
to VND 25.000.000 shall be imposed upon an establishment employing from 2.000
to fewer than 2.500 employees;
i) A fine ranging from 25.000.000
to VND 30.000.000 shall be imposed upon an establishment employing 2.500
employees or more.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for one of the following
violations:
a) Providing information on the
HIV/AIDS pandemic which is inaccurate as compared to data published by
competent authorities in the course of dissemination of information, education
and communication on HIV/AIDS prevention and control;
b) Failing to comply with priority
requirements regarding the timing and duration for broadcasting information and
educational contents about HIV/AIDS prevention and control on radio and
television, and the space and placement of such information and educational
contents in printed newspapers, television newspapers and online newspapers, as
prescribed by law.
3. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for commission of one of the
following violations:
b) Failing to give priority in the
timing and duration of broadcasting information and educational contents about
HIV/AIDS prevention and control on radio and television, and in the space and
placement of such information and educational contents in printed newspapers, television
newspapers and online newspapers, as prescribed by law.
b) Charging for provision of
information and education about HIV/AIDS prevention and control, except such
activities are sponsored by domestic or foreign entities;
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4. A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for disclosing the name, address,
or photo of a person living with HIV without that person’s consent, except for
the purpose of information feedback in HIV/AIDS epidemiological surveillance
activities or notification of HIV test results as prescribed by law.
5. Remedial measures:
a) The entity committing the
violation in Point a Clause 2 of this Article is compelled to correct false
information on means of mass media at the place where the inaccurate
information has been published for at least 03 consecutive days as prescribed
by law;
b) The entity committing the
violation in Point b Clause 3 of this Article is compelled to return any
amounts of money collected against regulations of law. Any amounts which cannot
be returned to payers shall be paid to the state budget in accordance with
regulations of law;
c) The entity committing the
violation in Point c Clause 3 or Clause 4 of this Article is compelled to make
direct apologies to HIV patients/their families, and correct the information on
means of mass media at the place where the HIV patient resides for at least 03
consecutive days as prescribed by law, unless the HIV patient rejects a public
apology.
Article 19.
Violations against regulations on HIV testing and counseling
1. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed for commission of one of the
following violations:
a) Hindering another person’s
access to counseling on HIV/AIDS prevention and control;
b) Failing to provide HIV/AIDS
counseling when providing healthcare or treatment for HIV-infected women during
pregnancy or breastfeeding, or persons exposed to HIV;
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d) Providing pre- and post-HIV test
counseling without having completed the HIV/AIDS counseling training course;
dd) Providing HIV/AIDS counseling
at a counseling facility that fails to meet eligibility requirements set by
law;
e) Failing to notify positive HIV
test results and manage information on people living with HIV in accordance
with regulations of law on HIV/AIDS surveillance.
2. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to provide pre- and
post-HIV test counseling;
b) Failing to notify positive HIV
test results within the prescribed time limit;
c) Failing to comply with the
legally prescribed forms and procedures for notification of positive HIV test
results;
d) Failing to report to competent
authorities, upon discovering substandard biologicals and equipment used for
HIV testing;
dd) Failing to notify relevant
parties and take remedial and corrective measures upon discovering HIV testing
which fails to meet quality standards;
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g) Failing to comply with the
legally prescribed forms and procedures for accessing the information on people
living with HIV;
h) Failing to notify the
organization of HIV/AIDS counseling activities in accordance with regulations
of law.
3. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for commission of one of the
following violations:
a) Confirming positive HIV test
results without obtaining certificate of eligibility to perform HIV
confirmatory tests issued by a competent authority;
b) Failing to comply with the
guidelines of the Ministry of Health when conducting HIV tests;
c) Failing to maintain any of the
eligibility requirements for an HIV testing facility after being granted a
certificate of eligibility to perform HIV tests;
d) Confirming positive HIV test
results during the period when HIV confirmatory testing is suspended;
dd) Notifying positive HIV test
results to entities other than those authorized by law, or disclosing positive
HIV test results which are required by law to be kept confidential;
e) Performing HIV tests for persons
under 15 years of age, persons lacking legal capacity, persons with cognitive
or behavior impairments, or persons with limited legal capacity without obtaining
written consent of their parents, lawful guardians, or representatives, except
in emergency cases as prescribed in the Law on medical examination and
treatment;
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4. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for commission of one of the
following violations:
a) Forcing persons who are not
subjects of HIV/AIDS epidemiological surveillance or mandatory HIV testing, as
prescribed by law, to undergo HIV testing.
b) Performing HIV testing without
obtaining a certificate of eligibility to perform HIV tests;
c) Failing to perform testing for
blood bags and blood products before use;
dd) Lending, renting or
deliberately altering the contents of a certificate of eligibility to perform
HIV confirmatory tests or a decision to designate reference HIV confirmatory
testing facility.
5. Additional penalty:
Operations of the entity or
facility committing the violation in point b clause 4 of this Article shall be
suspended for a fixed period of 03 - 06 months.
6. Remedial measures:
a) The entity committing the
violation in Point e Clause 2 of this Article is compelled to return any
amounts of money collected against regulations of law. Any amounts which cannot
be returned to payers shall be paid to the state budget in accordance with
regulations of law;
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Article 20.
Violations against regulations on treatment and care of HIV patients, and HIV
pre-exposure and post-exposure prophylaxis
1. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed for commission of one of the
following violations:
a) Prescribing antiretroviral drugs
for people living with HIV, persons exposed to HIV, or for HIV pre-exposure
prophylaxis without having completed HIV/AIDS treatment training courses as
required by the Minister of Health;
b) Failing to comply with HIV/AIDS
treatment procedures and regimens promulgated by the Minister of Health when
prescribing antiretroviral drugs.
2. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for commission of one of the
following violations:
a) Providing HIV treatment with
antiretroviral drugs at a facility that fails to meet eligibility requirements
set by law;
b) Failing to strictly comply with
regulations on prioritized access to antiretroviral drugs;
c) Failing to organize the
management, care, and counseling for people living with HIV at rehabilitation
centers as prescribed by law;
d) Failing to give instructions on
post-exposure prophylaxis to persons exposed to HIV;
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3. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to monitor and provide
treatment for pregnant women living with HIV under management;
b) Failing to provide post-exposure
prophylaxis to persons exposed to HIV;
c) Hindering a person living with
HIV from providing care to another person living with HIV or from accessing HIV
treatment and care services;
d) Failing to provide adequate
medical care for people living with HIV at social protection centers;
dd) Charging for antiretroviral
drugs which are supplied or provided free of charge by the State in accordance
with regulations of law.
4. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for refusing to provide
antiretroviral therapy for people living with HIV who are eligible for such
treatment as prescribed by law.
5. Remedial measure:
The entity committing the violation
in Point dd Clause 3 of this Article is compelled to return any amounts of
money collected against regulations of law. The amounts of money which cannot
be returned to payers shall be paid to state budget in accordance with
regulations of law.
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1. A fine ranging from VND 200.000
to VND 500.000 shall be imposed for failing to carry a community access
specialist’s card when performing harm reduction intervention activities for
HIV prevention.
2. A fine ranging from VND 500.000
to VND 1.000.000 shall be imposed for commission of one of the following
violations:
a) Failing to introduce and
transfer copies of treatment files of a person receiving antiretroviral therapy
to a new treatment facility appropriate to their work and living conditions;
b) Failing to receive legally valid
treatment documents of a person receiving antiretroviral therapy transferred
from another treatment facility;
c) Terminating opioid replacement therapy,
unless such termination is conducted as prescribed by law.
3. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for commission of one of the
following violations:
a) Using a community access
specialist’s card for purposes other than the intended ones, beyond the
authorized scope of activities, or against provisions of the program/project on
harm reduction interventions for HIV prevention;
b) Failing to cooperate with local
HIV/AIDS prevention and control agencies in performing harm reduction
intervention measures for HIV prevention;
c) Failing to comply with
procedures for admitting persons with opioid dependence into opioid replacement
therapy;
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4. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to comply with
professional guidelines for opioid replacement therapy as prescribed by law;
b) Failing to provide treatment for
a person receiving antiretroviral drugs transferred from another treatment
facility.
5. A fine ranging from VND 10.000.000
to VND 20.000.000 shall be imposed for commission of one of the following
violations:
a) Failing to maintain any of the
prescribed conditions after having completed procedures for declaration of
eligibility to provide opioid replacement therapy;
b) Forcing persons with opioid
dependence to undergo opioid replacement therapy in any form.
6. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for commission of one of the
following violations:
a) Providing opioid replacement
therapy at a facility that does not complete procedures for declaration of
eligibility to provide opioid replacement therapy;
b) Failing to print the phrase
“cung cấp miễn phí, không được bán” (“Provided free of charge. Not for sale”)
on packaging or secondary labels of condoms and syringes with needles
distributed under the programs/projects on harm reduction interventions for HIV
prevention;
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7. Additional penalties:
a) The medical examination and
treatment practice certificate or license shall be suspended for a fixed period
of 01 – 03 months in case of commission of the violation in Point a or b Clause
4 or Point d or dd Clause 5 of this Article;
b) Operation of the entity
committing the violation in Point a Clause 5 or Point a or c Clause 6 of this
Article shall be suspended for a fixed period of 01 – 03 months.
8. Remedial measures:
a) The violating entity is
compelled to return any benefits illegally obtained from the commission of the
violation in Point b Clause 5 or Point a Clause 6 of this Article;
b) The drugs involving the
violation in Point c Clause 6 of this Article shall be destroyed.
Article 22.
Violations against regulations on HIV-related anti-discrimination and stigma
1. A fine ranging from VND 500.000
to VND 1.000.000 shall be imposed for commission of one of the following
violations:
a) Requesting pupils, students,
trainees, or applicants for admission to undergo HIV tests or provide their HIV
test reports;
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c) Obstructing the admission of
social protection beneficiaries to a social protection center because they are
living with HIV;
d) Refusing to receive bodies of
persons died from HIV/AIDS for burial or cremation.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for commission of one of the
following violations:
a) Requesting applicants for job to
undergo HIV tests or present their HIV test reports, or refusing to employ them
because they are living with HIV, except some jobs for which applicants are
required to undergo pre-employment HIV tests according to the Government’s
regulations;
b) Refusing to admit pupils,
students, or trainees who are living with HIV;
c) Refusing to admit social
protection beneficiaries to a social protection center because they are living
with HIV;
d) Abandoning a minor child or ward
living with HIV;
dd) Isolating, restricting, or
prohibiting pupils, students, or trainees from engaging in a facility's
activities or accessing its services on the grounds that they are living with HIV;
e) Practicing discrimination in
care and treatment of people living with HIV;
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3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for commission of one of the
following violations:
a) Terminating employment contracts
or public employee contracts, or causing difficulties during employment, on the
grounds that employees are living with HIV;
b) Forcing employees who remain fit
for their current job positions to transfer to other job positions on the
grounds that they are living with HIV;
c) Refusing to accept pay
raise/promotion claims, or failing to ensure the lawful rights and benefits of
employees on the grounds that they are living with HIV;
d) Disciplining or expelling
pupils, students, or trainees on the grounds that they are living with HIV;
dd) Using images or media messages
that stigmatize or discriminate against people living with HIV or their family
members.
4. Remedial measures:
a) Enforced receipt and burial or
cremation of HIV-infected bodies or remains in case of commission of the
violation in Point d Clause 1 of this Article;
b) Enforced admission of people
living with HIV, in case of commission of the violation in Point b or c Clause
2 or Point a Clause 3 of this Article;
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d) The entity committing the
violation in Point b Clause 3 of this Article is compelled to re-assign
employees to their previous job positions;
dd) Enforced provision of lawful
rights and benefits to employees living with HIV, in case of commission of the
violation in Point c Clause 3 of this Article;
e) The entity committing the
violation in Point d Clause 3 of this Article is compelled to abrogate the
decision to discipline or expel pupils, students, or trainees issued on the
grounds that they are living with HIV;
g) Enforced removal of violating
elements in case of commission of the violation in Point dd Clause 3 of this
Article. If violating elements cannot be removed, media products shall be
destroyed.
Article 23.
Violations against other regulations on HIV/AIDS prevention and control
1. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for hindering employees from
participating in HIV/AIDS prevention and control activities.
2. A fine ranging from VND 10.000.000
to VND 20.000.000 shall be imposed for commission of one of the following
violations:
a) Threatening to transmit HIV to
others;
b) Taking advantage of HIV/AIDS
prevention and control for profiteering.
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The violating entity is compelled
to return any benefits illegally obtained from the commission of the violation
in Point b Clause 2 of this Article.
Article 24.
Violations against regulations on non-smoking areas
1. A fine ranging from VND 200.000
to VND 500.000 shall be imposed for smoking in non-smoking areas. Acts of
smoking on board aircraft shall be handled in accordance with regulations on
penalties for administrative violations in civil aviation sector.
2. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to display “No Smoking”
words or signs in designated non-smoking areas as prescribed by law;
b) Failing to organize, instruct,
inspect, and expedite the implementation of smoking bans in areas under
management.
3. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for commission of one of the
following violations in designated smoking areas:
a) Failing to provide rooms and air
ventilation systems that are separate from non-smoking areas;
b) Failing to provide containers of
tobacco butts and ashes;
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d) Failing to provide firefighting
equipment.
Article 25.
Violations against regulations on sale and supply of tobacco
1. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed for failing to display the notice
stating “Sale of tobacco products to persons under 18 is prohibited” at the
points of sale of tobacco wholesale or retail dealers.
2. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for commission of one of the
following violations:
a) Displaying more than one pack,
carton, or box of a single tobacco brand at a tobacco retail agent or point of
sale;
b) Selling or supplying tobacco
products to persons aged under 18;
c) Selling or supplying tobacco
products that are unlabeled or lack health warnings on their packages as
prescribed by law. If tobacco products that are unlabeled or lack health
warnings on their packages are found to be smuggled or counterfeit,
administrative penalties shall be imposed in accordance with regulations on
penalties for administrative violations against regulations on commerce,
production and trade in counterfeit and prohibited goods, and protection of
consumer rights.
3. Additional penalty:
Business operations involving the
violation in Clause 2 of this Article shall be suspended for a fixed period of
01 – 03 months.
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The entity committing the violation
in Point c Clause 2 of this Article is compelled to recall and remove violating
elements of tobacco products that are unlabeled or lack health warnings on
their packages. If violating elements cannot be removed, tobacco products shall
be destroyed.
Article 26.
Violations against regulations on use and storage of e-cigarettes and heated
tobacco products
1. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for using e-cigarettes and heated
tobacco products.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for harboring or permitting the
use of e-cigarettes or heated tobacco products in areas under one’s ownership
or management, unless the person harboring or permitting such use is a
grandparent, parent, child, grandchild, sibling, or spouse of the violator.
3. Remedial measure:
Enforced destruction of
e-cigarettes or heated tobacco products, in case of commission of the violation
in clause 1 of this Article.
Article 27.
Violations against regulations on labeling and printing of health warnings on
tobacco packages
1. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for commission of one of the
following violations:
a) Organizing the production,
import, or ordering the printing of tobacco packages which uses health warning
designs with improper format, placement, size, or color as prescribed by law;
or a printing establishment deliberately printing tobacco packages bearing
health warnings with improper format, placement, size, or color as prescribed
by law;
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c) Failing to indicate the number
of cigarettes on cigarette packs or the weight on other tobacco products;
d) Using words or phrases that
mislead readers or users into believing that tobacco is minimally harmful, or
that distort their understanding of the health risks posed by tobacco and
tobacco smoke.
2. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to print health warnings
as required by law on packages of tobacco products manufactured or imported for
sale in Vietnam;
b) Signing contracts for production
of foreign-branded tobacco products for sale in Vietnam without obtaining
authorization from a competent authority.
3. Additional penalty:
Business operations involving the
violation in Clause 2 of this Article shall be suspended for a fixed period of
03 – 06 months.
4. Remedial measures:
a) The entity committing the
violation in Clause 1 or Point a Clause 2 of this Article is compelled to
recall tobacco products and rectify or remove violating elements. If violating
elements cannot be rectified, tobacco products shall be destroyed.
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Article 28.
Violations against regulations on smoking cessation
A fine ranging from VND 1.000.000
to VND 2.000.000 shall be imposed for commission of one of the following
violations:
1. Failing to provide a dedicated
space for direct counseling on smoking cessation as prescribed by law.
2. Failing to prepare media
documents on smoking cessation and smoking cessation counseling.
3. Failing to equip telephones,
internet, or other means of communication to serve the provision of indirect
smoking cessation counseling.
4. Failing to give a written
notification before providing smoking cessation or smoking cessation counseling
services to the Department of Health of province or city where such services
are provided.
Article 29.
Violations against other regulations on prevention and control of tobacco harms
1. A fine ranging from VND 200.000
to VND 500.000 shall be imposed upon any person aged 16 to under 18 for
smoking.
2. A fine ranging from VND 500.000
to VND 1.000.000 shall be imposed for commission of one of the following
violations:
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b) Requesting persons aged under 18
to buy tobacco products.
3. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for commission of one of the
following violations:
a) Using tobacco images on
newspapers or publications intended for children;
b) Providing information on tobacco
and its harmful effects that is scientifically unfounded or inaccurate;
c) Failing to include contents
about prevention and control of tobacco harms in annual operation plan, or
failing to include workplace smoking bans in internal regulations;
d) Failing to restrict depictions
of tobacco use by performers in theatrical or cinematic works as prescribed by
law.
4. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for commission of one of the
following violations:
a) Using the name, brand, or symbol
of tobacco products on other products or services;
b) Performing direct marketing of
tobacco products to consumers in any forms;
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d) Delaying payment of compulsory
contributions as prescribed by law;
dd) Making false statements
resulting in insufficient payment of compulsory contributions as prescribed by
law;
e) Using funds derived from Vietnam
Tobacco Control Fund (VNTCF) against regulations of law;
g) Disseminating information or
announcements about sponsorships from organizations or individuals engaged in
the tobacco business.
5. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for commission of one of the
following violations:
a) Sponsoring in any form, unless
permitted by law;
b) Evading or cheating on payment
of compulsory contributions as prescribed by law.
6. Remedial measures:
a) The entity committing the
violation in Point a, b or d Clause 3 or Point a Clause 4 of this Article is
compelled to recall tobacco products and remove violating elements. If
violating elements cannot be rectified, tobacco products shall be destroyed.
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c) The entity committing the
violation in Point e Clause 4 of this Article is compelled to return any
amounts of money used against regulations of law;
d) The entity committing the
violation in Point dd Clause 4 or Point b Clause 5 of this Article is compelled
to pay compulsory contributions and any interests arising from false
declaration, evasion or cheating on payment of compulsory contributions.
Article 30.
Violations against regulations on consumption of alcoholic beverages and places
where such consumption is prohibited
1. A warning shall be imposed upon
a person aged 16 to under 18 for consumption of alcoholic beverages.
2. A fine ranging from VND 500.000
to VND 1.000.000 shall be imposed for commission of one of the following
violations:
a) Consuming alcoholic beverages at
places where such consumption is prohibited as prescribed by law;
b) Inciting, persuading, or forcing
others to consume alcoholic beverages.
3. A fine ranging from VND 1.000.000
to VND 3.000.000 shall be imposed for commission of one of the following
violations:
a) Consuming alcoholic beverages
immediately before or during work or learning hours, or break hours;
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Article 31. Violations
against regulations on sale and supply of alcoholic beverages
1. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed for commission of one of the
following violations:
a) Selling or supplying alcoholic beverages
to persons aged under 18;
b) Failing to display a notice
stating that “Sale of alcoholic beverages to persons under 18 is prohibited” at
a clearly noticeable location at the premises where alcoholic beverages are
sold.
2. A fine ranging from VND 5.000.000
to VND 10.000.000 shall be imposed for commission of one of the following
violations:
a) Selling alcoholic beverages at
places where such sale is prohibited;
b) Opening a new on-premise
alcoholic beverage-serving establishment within a 100-meter radius from the
premises of a health facility, kindergarten, nursery school, pre-school, or
general education school.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for selling alcoholic beverages
through e-commerce modalities without adopting measures to prevent persons
under 18 from accessing and searching for information about, or buying
alcoholic beverages as prescribed by law.
4. Additional penalty:
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Article 32.
Violations against regulations on sales promotion of alcoholic beverages
A fine ranging from VND 20.000.000
to VND 30.000.000 shall be imposed for commission of one of the following
violations:
1. Offering discounts on alcoholic
beverages to persons aged under 18.
2. Running sales promotions of
alcoholic beverages having at least 15% ABV.
3. Using alcoholic beverages having
at least 15% ABV to run sales promotion in any form.
4. Failing to comply with
regulations on sales promotion when running sales promotions of alcoholic
beverages having less than 15% ABV.
Article 33.
Violations against regulations on advertising of alcoholic beverages
1. A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for employing persons aged under
18 to directly engage in advertising of alcoholic beverages.
2. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for one of the following acts of
advertising spirits having less than 15 ABV and beer products:
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b) An advertisement uses objects,
images, symbols, music, movie characters and brands of products intended for
children, pupils and students, or uses images of persons aged under 18;
c) Alcoholic beverages are
advertised in advertising events or through advertising facilities/products
that are intended for persons aged under 18, pupils, students, adolescents and
pregnant women;
d) Alcoholic beverages are
advertised on vehicles;
dd) Alcoholic beverages are
advertised on audio or visual newspapers before, during or after a children's
program, or from 18:00 PM to 21:00 PM daily, unless permitted by law;
e) Alcoholic beverages are advertised
through outdoor advertising facilities that violate regulations on sizes and
placement distance from educational institutions, nursing care centers and
recreational centers intended for persons aged under 18;
g) An advertisement does not
contain warnings against harmful effects of alcoholic beverages as prescribed
by law;
h) Failing to run a filtering
system or access control software to prevent persons aged under 18 from
accessing and searching for information about alcoholic beverages when running
advertisements on online newspapers, websites, electronic equipment, terminal
devices and other telecommunications equipment.
3. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for one of the following acts of
advertising spirits having from 5.5 to less than 15% ABV and beer products
having at least 5.5% ABV:
a) Advertisements are displayed in
art performance or sports programs;
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4. Additional penalty:
The advertising of alcoholic
beverages shall be suspended for a fixed period of 01- 03 months in case of
commission of the violation in Point h Clause 2 of this Article.
5. Remedial measures:
Advertisements shall be withdrawn and
have their violating elements removed, in case of commission of one of the
violations in Clauses 1, 2 and 3 of this Article.
Article 34.
Violations against regulations on responsibilities of heads of
agencies/organizations for prevention and control of harmful effects of
alcoholic beverages
1. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to organize the
implementation of measures for preventing and controlling harmful effects of
alcoholic beverages;
b) Failing to organize the
implementation of regulations on prohibition on consumption of alcoholic
beverages during work hours and at workplaces;
c) Failing to warn or request the
cessation of the consumption or sale of alcoholic beverages at places under
their management where such consumption or sale of alcoholic beverages is
prohibited;
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2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed upon a head of transport company
or vehicle owner for failing to implement measures for detecting and preventing
vehicle operators from consuming alcoholic beverages before and while driving.
Article 35.
Violations against regulations on responsibilities of alcoholic beverage
traders
1. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for commission of one of the following
violations:
a) Failing to provide adequate and
accurate information on their business at the request of competent authorities;
b) Failing to provide reminders or
post notices warning customers not to operate vehicles after consuming
alcoholic beverages;
2. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for commission of one of the
following violations:
a) Employing persons aged under 18
to directly engage in trading of alcoholic beverages;
b) Providing information on
alcoholic beverages that is inaccurate or scientifically unfounded.
3. Remedial measures:
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Article 36.
Violations against regulations on dissemination of information, education, and
communication on prevention and control of harmful effects of alcohol beverages
1. A fine ranging from VND 500.000
to VND 1.000.000 shall be imposed for failing to educate, supervise, and remind
family members aged under 18 not to consume alcoholic beverages.
2. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for failing to ensure accuracy,
objectivity, and scientific soundness when conducting dissemination of
information, education, and communication on the prevention and control of
harmful effects of alcoholic beverages.
3. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for providing inaccurate or
misleading information on health effects of alcoholic beverages.
4. Remedial measures:
The violating entity is compelled
to rectify or remove inaccurate information, in case of commission of the
violation in Clause 2 or 3 of this Article.
Article 37.
Violations against regulations on alcoholic beverage sponsorship
A fine ranging from VND 20.000.000
to VND 30.000.000 shall be imposed for providing alcoholic beverages as part of
the sponsorship.
Section 2.
VIOLATIONS AGAINST REGULATIONS ON MEDICAL EXAMINATION AND TREATMENT
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1. A fine ranging from VND 200.000 to
VND 500.000 shall be imposed for commission of one of the following violations:
a) Failing to wear name badges;
b) Failing to wear personal
protective equipment as prescribed by law.
2. A fine ranging from VND 500.000
to VND 1.000.000 shall be imposed for commission of one of the following
violations:
a) Failing to conclude an
internship contract with a new intern of a health facility, or failing to use
the prescribed form of internship contract;
b) Failing to issue a decision to
assign practical instructor, or failing to use the prescribed form of decision
to assign practical instructor;
c) Assigning a practical instructor
to instruct more than 05 interns at the same time.
3. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed for commission of one of the
following violations:
a) Refusing to provide medical
examination and treatment to a patient whose condition is beyond the medical
practitioner’s capacity or scope of professional activities, without referring
the patient to another qualified medical practitioner or appropriate health
facility, or without promptly providing first aid, emergency care, monitoring,
or treatment until the patient is accepted by another qualified medical
practitioner or transferred to another health facility;
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c) Disclosing a patient’s health
status, information provided by the patient, or medical records, unless they
are disclosed with the patient’s consent, or for sharing information/experience
for improving the quality of diagnosis, healthcare, and treatment among
practitioners directly treating the patient, or in other cases prescribed by
law;
d) Issuing certificates of
internship completion without using the form prescribed by law.
4. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for commission of one of the
following violations:
a) Practicing medical examination
and treatment at the time or place which is not stated in the registration for
practicing of medical examination and treatment (hereinafter referred to as
“practicing registration”), unless a medical practitioner is allowed by law to
practice medical examination and treatment without practicing registration;
b) Failing to issue a certificate
of internship completion to the intern who has successfully completed his/her
internship as prescribed by law;
c) Issuing a certificate of
internship completion that contains inaccurate or untruthful information, or
does not correspond to the intern’s professional qualifications;
d) Assigning unqualified practical
instructors to instruct interns;
dd) Failing to follow practicing
registration procedures as prescribed by law.
5. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for commission of one of the
following violations:
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b) Giving prescriptions, directing
the use of medical services, or recommending other health facilities with the
intent of profiteering;
c) Abusing one’s professional
position to harm a patient’s honor, dignity, or bodily well-being;
d) A foreigner directly provides
medical examination and treatment in Vietnamese without obtaining a certificate
of proficiency in Vietnamese issued by a medical training institution
designated by the Minister of Health, or practices in a language other than
Vietnamese without completing the required registration procedures;
dd) Issuing prescriptions or
treatment instructions in a language other than Vietnamese which has not yet
been registered for use, or using a translator is not certified to translate
them into Vietnamese;
e) Falsifying information on
medical examination and treatment by erasing or altering medical records;
g) Using superstition or occult
methods in medical examination and treatment;
h) Taking charge of professional
and technical expertise at two or more health facilities, unless a medical
practitioner is in charge of professional expertise at a commune-level health
station;
i) Acting as the head of two or
more institutes, centers, departments, or units within the same health facility,
or concurrently acting as the head of an institute, center, department, or unit
at another health facility during the same practicing period;
k) A medical practitioner in charge
of professional and technical expertise of a hospital concurrently acts as the
head of a professional department of that hospital which falls outside the
practicing scope specified in their practicing certificate or license;
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m) Refusing to participate in
medical examination and treatment in the event of natural disasters,
catastrophes, group-A infectious diseases, or a state of emergency according to
a mobilization or assignment decision of a competent authority or person,
except for medical practitioners at high risk of infectious diseases and other
cases as prescribed by law;
n) Misusing a medical
practitioner's image or professional status to make statements of, advocate or
induce patients to use unrecognized medical examination or treatment methods;
o) Failing to comply with
regulations on professional and technical expertise; applying or using any
professional method or technique, or medical device that has not been approved
by competent authorities.
6. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for any practitioner's sale of
drugs in any form, except for traditional medicine doctors, traditional
medicine physicians or traditional medicine herbalists who sell traditional
drugs, or holders of folk remedies who sell drugs prescribed according to folk
remedies under their registered ownership.
7. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for commission of one of the
following violations:
a) Providing medical examination
and treatment without obtaining a practicing certificate or license;
b) Providing medical examination
and treatment while the practicing certificate or license is suspended or
revoked;
c) Providing medical examination
and treatment beyond the authorized scope of practice or operation, except in
emergency situations or when provided according to mobilization or assignment
decisions of competent authorities in the event of natural disasters,
catastrophes, group-A infectious diseases, or a state of emergency;
d) Practicing medical examination
and treatment with a leased or borrowed practicing certificate or license;
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e) Refusing or intentionally
delaying the provision of emergency care to a patient, unless such refusal is
permitted by law;
g) Infringing upon the life,
health, honor, or dignity of medical practitioners or other staff members at a
health facility, or destroying or damaging assets of a health facility;
h) Publishing unverified
information that holds a medical practitioner or health facility accountable
for a medical incident prior to an official determination by the competent
authority.
8. Additional penalties:
a) The medical examination and
treatment practicing certificate or license shall be suspended for a fixed
period of 01 – 03 months, in case of commission of the violation in Point b, c,
d, dd, e, g, h, i, k, l, m, n, or o clause 5 of this Article;
b) The medical examination and
treatment practicing certificate or license shall be suspended for a fixed
period of 03 - 06 months, in case of commission of the violation in Clause 6 of
this Article;
c) The medical examination and
treatment practicing certificate or license shall be suspended for a fixed
period of 06 - 09 months, in case of commission of the violation in point c or
g Clause 7 of this Article;
d) The medical examination and
treatment practicing certificate or license shall be suspended for a fixed
period of 22 - 24 months, in case of commission of the violation in Point d,
dd, or e Clause 7 of this Article.
9. Remedial measures:
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b) The violating entity is
compelled to return any benefits illegally obtained from the commission of the
violation in Point a, b, c, d, or dd Clause 7 of this Article.
Article 39.
Violations against regulations on operating conditions and use of license to
provide medical examination and treatment (hereinafter referred to as
“operating license”)
1. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to display a signboard,
or displaying a signboard which does not contain adequate primary information
as prescribed by law;
b) Using names of departments or
wards of a health facility other than those specified in its application for
operating license which has been approved by a competent authority.
2. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to submit an updated
list of registered medical practitioners to the competent authority that
maintains the published list in the event of replacement of the person in
charge of professional and technical expertise, or when there are changes in
the medical practitioners of a health facility as prescribed by law;
b) Failing to maintain any of the
eligibility requirements after obtaining an operating license, or submitting a
written notice of satisfaction of eligibility requirements to a competent
authority, except for polyclinics and hospitals;
c) Failing to formulate and
promulgate regulations on creation, updating, management, storage, use, and
information security of electronic medical records as prescribed by law.
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3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for commission of one of the
following violations:
a) Obstructing patients who are
subject to compulsory treatment requirement from entering a health facility, or
intentionally providing compulsory treatment to individuals who are not subject
to such requirement;
b) A polyclinic fails to maintain
any of the eligibility requirements after obtaining an operating license.
4. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for commission of one of the
following violations:
a) Employing a practitioner who
does not possess a valid practicing certificate or license, or whose practicing
certificate or license has been suspended or revoked;
b) Refusing to participate in
medical examination and treatment in the event of natural disasters,
catastrophes, group-A infectious diseases, or a state of emergency according to
a mobilization or assignment decision of a competent authority or person,
except for medical practitioners who are pregnant, nursing a child under 24
months of age, or at high risk of infectious diseases, and other cases as
prescribed by law;
c) A hospital with fewer than 100
beds fails to maintain any of the eligibility requirements after obtaining an
operating license.
5. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for commission of one of the
following violations:
a) Using a leased or borrowed
operating license;
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c) A hospital with 100 to 500 beds
fails to maintain any of the eligibility requirements after obtaining an
operating license.
6. A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed for commission of one of the
following violations:
a) Providing medical services
without obtaining an operating license, or while such operating license is
suspended, or at a location other than the one specified in the operating
license;
b) Providing medical services
beyond the authorized scope of professional operations, except in emergency
situations or when provided according to mobilization or assignment decisions
of competent authorities or persons in the event of natural disasters,
catastrophes, group-A infectious diseases, or a state of emergency;
c) Applying new medical methods or
techniques without approval from the Minister of Health or Director of the
relevant Provincial-level Department of Health;
d) A hospital with more than 500
beds fails to maintain any of the eligibility requirements after obtaining an
operating license;
dd) Providing cosmetic services as
prescribed by law, or using products with pharmacological effects, at a
facility that is not licensed as a hospital, polyclinic, or specialty clinic;
e) Providing inpatient treatment at
a health facility that is not licensed for such inpatient treatment services,
unless outpatients are kept for health monitoring as prescribed by law.
7. Additional penalties:
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b) The operating license shall be
suspended for a fixed period of 12 - 24 months, in case of commission of the
violation in Point a or b Clause 5 of this Article;
c) Operations of the violating
entity shall be suspended for a fixed period of 12 - 24 months, in case of
commission of the violation in Point a or dd Clause 6 of this Article;
d) The medical examination and
treatment practicing certificate or license of the person in charge of
professional and technical expertise of the health facility shall be suspended
for a fixed period of 01 – 03 months, in case of commission of the violation in
Point a Clause 4 or Point b Clause 6 of this Article.
8. Remedial measure:
The violating entity is compelled
to return any benefits illegally obtained from the commission of the violation
in Point a or b Clause 5 of this Article.
Article 40.
Violations against regulations on technical and professional qualifications
1. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to prepare, or preparing
medical records which do not contain clear, complete, and accurate information
as those included in the medical record form prescribed by law;
b) Failing to retain medical
records as prescribed by law;
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2. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to manage or provide
care to patients without relatives or legal representatives as prescribed by
law;
b) Failing to handle cases of death
as prescribed by law;
c) Failing to perform assigned
duties or to organize a duty roster for medical examination and treatment as
prescribed by law;
d) Failing to provide nutritional
care in medical examination and treatment as prescribed by law.
3. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to organize medical
consultation for cases beyond the diagnostic and treatment capacity of a
practitioner or a health facility;
b) Failing to organize medical
consultation for cases showing poor response to treatment or deterioration in
clinical condition.
4. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for failing to transfer emergency
patients to appropriate health facilities when their medical conditions fall
beyond a health facility’s professional capacity or its authorized scope of
professional operations.
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a) Performing surgical operations
or procedures, or other invasive interventions without obtaining the written
consent of the patient or their legal representative, unless failure to perform
such operations or interventions would directly threaten the patient's life and
it is impossible to obtain consent from the patient or their legal
representative;
b) Failing to ensure the
availability of adequate and appropriate emergency transport means consistent
with the type of the health facility; medical devices, and essential medicines
for emergency care .
6. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for using drugs, substances, or
medical devices to perform interventions on the human body (including surgical
operations, procedures, injections, infusions, laser or light-based therapy,
radiofrequency, cauterization, or other invasive interventions) that alter skin
color, body shape or weight, or correct deformities, or for aesthetic reshaping
of body parts (including skin, nose, eyes, lips, face, breasts, abdomen,
buttocks, and other body parts), or for tissue or functional restoration or
regeneration, or for tattooing, spraying, or skin embroidery using injectable
local anesthetics, when performed at facilities other than hospitals,
polyclinics, or specialized clinics permitted to provide aesthetic/cosmetic
services.
7. A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed for committing a violation
against regulations on professional and technical expertise in medical
examination and treatment which is determined by an Expert Council to
constitute a medical error serious of such severity as to warrant revocation of
the practicing certificate as prescribed by the Law on medical examination and
treatment.
8. Additional penalties:
a) The medical examination and
treatment practicing certificate or license shall be suspended for a fixed
period of 03 - 06 months, in case of commission of the violation in Clause 5 of
this Article;
b) Operations of the violating
entity shall be suspended for a fixed period of 03 - 06 months, in case of
commission of the violation in Clause 6 of this Article.
9. Remedial measure:
The violating entity is compelled to
pay entire costs of medical services in case of commission of the violation in
Clause 3 or 7 of this Article.
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1. A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to clearly and
adequately write in prescriptions or medical records the names of drugs, their
strength, dosage, administration route, and duration of use as prescribed by
law;
b) Failing to review prescriptions,
medication request forms, and the names of drugs, their strength,
concentration, dosage, and administration route, before dispensing drugs to
patients;
c) Failing to reconcile
prescriptions with information on the names of drugs, their strength,
concentration, expiry date, and quantity when dispensing drugs to patients;
d) Failing to verify full names of
patients, names of drugs, their dosage forms, strength, concentration, dosage,
administration route and timing of use, before administering drugs to patients;
dd) Failing to fully and accurately
record the time of dispensing drugs to patients;
e) Failing to monitor, promptly detect,
and report drug use-related adverse events to the practitioner directly
responsible for the patient’s treatment when dispensing drugs to patients.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for commission of one of the
following violations:
a) Prescribing drugs which are not
appropriate to the patient’s diagnosis and clinical condition;
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c) Prescribing drugs contrary to
the package inserts accompanied with drugs approved by the Ministry of Health,
the clinical guidelines on diagnosis and treatment issued or recognized by the
Minister of Health or developed by health facilities, or the current National
Pharmacopoeia of Vietnam.
3. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for dispensing or selling drugs
which are expired, not stored according to the storage conditions specified in
their labels, subject to a recall notice of a competent authority, or of unclear
or unknown origin.
4. Additional penalty:
The medical examination and
treatment practicing certificate or license shall be suspended for a fixed
period of 01 - 03 months, in case of commission of any of the violations in
Point e Clause 1 and Clauses 2, 3 of this Article.
5. Remedial measure:
The violating entity is compelled
to pay entire costs of medical services in case of commission of the violation
in Clause 2 of this Article.
Article 42.
Violations against regulations on in-vitro fertilization (IVF) services
1. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for failing to submit reports on
the provision of assisted reproductive technologies as prescribed by law.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for commission of one of the
following violations:
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b) Failing to organize or conduct
medical examination, consultation, and assessment of eligibility to receive
sperm, oocytes, or embryos;
c) Where a depositor of sperm,
oocytes, or embryos (hereinafter referred to as “sample”), or recipient of a
donated sample, requests the transfer of sample between storage facilities,
failure of the facility currently storing the sample to provide such
depositor/recipient with counseling on sample transportation requirements and
potential risks during transport, or to issue written consent for the transfer
of sample;
d) Refusing to transfer stored
sperm, oocytes, or embryos to another facility at the request of the depositor,
except where the receiving facility does not accept the samples;
dd) Failing to duly inform the
depositor/recipient of donated samples of the transfer of such samples to
another storage facility in the event that the facility currently storing the
samples no longer meets the required conditions for continued storage of such
samples;
e) The transferring facility or the
receiving facility fails to give written opinions about the transfer or receipt
of samples at the request of a depositor/owner of samples or at the request of
the transferring facility.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for commission of one of the
following violations:
a) Failure of a facility storing
sperm, oocytes, or embryos to keep confidentiality of information concerning
donors and recipients of such sperm, oocytes, or embryos;
b) Storing sperm, oocytes, or
embryos without entering into service contracts with depositors in accordance
with regulations of the civil law, except where such sperm, oocytes, or embryos
are donated;
c) Failing to ensure that donors of
sperm, oocytes, or embryos are appropriately screened and determined to be free
from hereditary diseases affecting future generations, free from mental
disorders or other conditions affecting their capacity for awareness or control
of acts, and not infected with HIV;
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dd) Failing to destroy stored sperm
upon the death of the depositor, unless the depositor’s wife expresses a wish
to use such sperm for reproduction, or the depositor, prior to death, made
written consent for the donation of such sperm to the storage facility;
e) Destroying stored sperm upon the
death of the depositor notwithstanding that the depositor’s wife has expressed
a wish to use such sperm for reproduction, or that the depositor, prior to
death, made written consent for the donation of such sperm to the storage
facility;
g) Failing to destroy stored
oocytes upon the death of the depositor, unless the depositor, prior to death,
made written consent for the donation of such oocytes to the storage facility;
h) Destroying stored oocytes upon
the death of the depositor notwithstanding that the depositor, prior to death,
made written consent for the donation of such oocytes to the storage facility;
i) Failing to destroy stored
embryos upon the death of the husband in a couple depositing such embryos,
unless the wife expresses a wish to use such embryos for reproduction, or makes
written consent for the donation of such embryos to the storage facility for scientific
research or for use in assisted reproductive technologies for a single woman or
another couple;
k) Destroying stored embryos upon
the death of the husband in a couple depositing such embryos notwithstanding that
the wife has expressed a wish to use such embryos for reproduction, or made
written consent for the donation of such embryos to the storage facility for
scientific research or for use in assisted reproductive technologies for a
single woman or another couple;
l) Failing to destroy stored
embryos upon the death of the wife or both spouses in a couple depositing such
embryos, unless both spouses have made written consent for the donation of such
embryos to the storage facility for scientific research or for use in assisted
reproductive technologies for a single woman or another couple;
m) Destroying stored embryos upon
the death of the wife or both spouses in a couple depositing such embryos
notwithstanding that both spouses have made written consent for the donation of
such embryos to the storage facility for scientific research or for use in
assisted reproductive technologies for a single woman or another couple;
n) Failing to destroy stored
embryos upon the divorce of a couple depositing such embryos, unless both
spouses have made written consent either to the continued storage of such
embryos, together with a commitment to pay the storage fees as required by the
storage facility, or to the donation of such embryos to the storage facility
for scientific research or for use in assisted reproductive technologies for a
single woman or another couple;
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p) Using stored embryos of a
divorced couple to provide assisted reproductive technologies for the former
wife without the written consent from both spouses;
q) Failing to comply with the
principle of anonymity between donors and recipients in the donation and
receipt of sperm or embryos;
r) Accepting requests for storage
of sperm, oocytes, or embryos in cases other than those prescribed by law;
s) Providing
assisted reproductive technologies to couples without a confirmed diagnosis
of infertility or in the absence of a valid medical indication;
t) Providing
assisted reproductive technologies to persons who do not meet eligibility
requirements for receiving sperm, oocytes, or embryos as prescribed by law;
u) Permitting the donation of
sperm, oocytes, or embryos by persons who are ineligible as prescribed by law;
v) Failure of a sperm, oocyte, and
embryo storage facility, or a health facility licensed to provide IVF and
altruistic surrogacy, to encode or to share information on the donation and
storage of sperm, oocytes, or embryos, with the centralized assisted
reproduction database as prescribed by law.
4. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for commission of one of the
following violations:
a) Allowing an individual to donate
sperm, oocytes, or embryos at multiple licensed sperm, oocyte, and embryo
storage facilities;
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c) Storing sperm, oocytes, or
embryos at a health facility that is not licensed by a competent authority to
provide IVF services, or at a tissue bank that is not licensed in accordance
with regulations of law on donation, removal, and transplantation of human
tissues and organs, and cadaver donation.
d) Using donated sperm, oocytes, or
embryos for performing IVF for two or more women or married couples;
dd) Transporting sperm, oocytes, or
embryos without involvement of a qualified healthcare worker from either the
receiving or transferring facility, or without the presence of the depositor or
recipient of the donated samples, or their lawfully authorized representative,
and without valid authorization to the receiving or transferring facility;
e) Failing to ensure that samples
are stored in specialized cryopreservation equipment during transport, or
failing to apply the seal of the transferring facility;
g) Failing to carry out the
handover of samples between two storage facilities, or carrying out such
handover without complete documentation as required by law;
h) Failure of the receiving
facility to verify the seal and accompanying documents prior to signing the
handover record, or to furnish a copy of such handover record to the
transferring facility;
i) In the case of transfer of
samples between two storage facilities, failure of the transferring facility to
provide a written notice of such transfer to the depositor;
k) In the case of transfer of
samples between two storage facilities, failure of the receiving facility to
enter into a service contract with the depositor in accordance with regulations
of the civil law;
l) Allowing the use of remaining sperm,
oocytes, or embryos of a married couple, or remaining oocytes of a single
woman, for the purposes specified in Point b Clause 1 Article 7 of the
Government’s Decree No. 207/2025/ND-CP dated July 15, 2025, without obtaining
written consent from that married couple or single woman, or without clearly
specifying the intended use in such written consent as prescribed by law;
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5. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for commission of one of the
following violations:
a) Performing IVF techniques
without obtaining a license to perform IVF as prescribed by law;
b) Failing to maintain any of the
eligibility requirements after obtaining certification of eligibility to
perform IVF.
6. Additional penalties:
a) The violating entity is
suspended from providing IVF services for a fixed period of 01 – 03 months in
the case of commission of 03 or more violations in Clauses 1, 2, 3 and Points
a, b, c, d, dd, g Clause 4 of this Article at the time of detection of such
violations;
b) The provision of IVF services
shall be suspended for a fixed period of 06 – 12 months in the case of
commission of the violation in Clause 5 of this Article.
Article 43.
Violations against regulations on altruistic surrogacy
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for commission of one of the
following violations:
a) Providing health counseling for
intended parents and surrogate mothers by a person who is not a qualified
obstetrician-gynecologist;
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c) Providing legal counseling for
intended parents and surrogates without possessing a bachelor's degree or
higher in law;
d) Providing psychological or legal
counseling for intended parents and surrogates without being personnel of a
health facility or without having a contractual affiliation with such facility
as prescribed by law;
dd) Failure of a facility licensed
to perform altruistic surrogacy procedures to respond in writing or to clearly
state the reasons for its refusal to perform surrogacy procedures within 10
working days of receiving a complete and valid application from the intended
parents;
e) Failing to provide medical,
legal, and psychological counseling to intended parents, or providing such
counseling that does not cover all required contents as required by law;
g) Failing to provide medical,
legal, and psychological counseling to surrogates, or providing such counseling
that does not cover all required contents as required by law;
h) Failing to provide written
confirmation of medical, legal, and psychological counseling for intended parents
and/or surrogates;
i) Providing counseling to intended
parents and surrogates that does not cover all required contents as prescribed
by law;
k) Failing to conduct medical
examinations for surrogates and intended parents, or failing to certify that
the intended mother is unable to conceive and give birth despite the
application of assisted reproductive technologies, or failing to certify
the surrogate's fitness to carry a pregnancy upon receipt of a complete and
valid application as prescribed by law;
l) Failing to perform altruistic
surrogacy procedures where the surrogate and intended parents fully satisfy the
required health conditions for undertaking surrogacy.
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3. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for commission of one of the
following violations:
a) Performing altruistic surrogacy
procedures at a health facility that is not licensed to perform such
procedures;
b) Failing to maintain any of the
eligibility requirements after obtaining a license to perform altruistic
surrogacy procedures, except for the requirement to conduct at least 500 IVF
cycles per year;
c) Performing altruistic surrogacy
procedures for persons who do not have complete and valid application documents
as prescribed by law.
4. Additional penalties:
a) The violating entity is
suspended from performing altruistic surrogacy procedures for a fixed period of
01 – 03 months in the case of commission of 03 or more violations in Clauses 1
and 2 of this Article at the time of detection of such violations;
b) Operations involving the
violation in Clause 3 of this Article shall be suspended for a fixed period of
06 – 12 months.
Article 44.
Violations against regulations on donation, removal, and transplantation of
human tissues and organs, and cadaver donation
1. A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed for commission of one of the
following violations:
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b) Failing to give instructions to
complete the donation registration form upon receipt of a notice from Vietnam
National Coordinating Center for Human Organ Transplantation;
c) Failing to perform health
examination for a living donor before removing any tissue or organ from the
donor’s body;
d) Failing to submit the list of
registered living donors to the Vietnam National Coordinating Center for Human
Organ Transplantation;
dd) Failing to provide health and
psychosocial counseling to the living donor, or failing to examine the donor’s
biological indicators before the removal of any tissue or organ from the
donor’s body.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for charging fees for
post-donation care and recovery services, and for periodic health check-ups
provided for living organ donors.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for failing to maintain any of
the operating conditions after obtaining the license to operate a tissue bank.
4. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for operating a tissue bank
without a valid operating license.
5. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for commission of one of the
following violations:
a) Disclosing information or
confidential data concerning the donor and recipient, unless agreed in writing
by the persons concerned or otherwise prescribed by law;
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c) Storing human tissues and organs
for commercial purposes.
6. A fine ranging from VND
60.000.000 to VND 80.000.000 shall be imposed for commission of one of the
following violations:
a) Removing, transplanting or using
human tissues and organs for commercial purposes, except trading or
appropriation of human tissues and organs;
b) Removing or transplanting human
tissues or organs at a facility that fails to meet eligibility requirements as
prescribed by law.
7. A fine ranging from VND
80.000.000 to VND 100.000.000 shall be imposed for commission of one of the
following violations:
a) Forcing others to donate human
tissues or organs, or removing human tissues or organs from an involuntary
donor, if not liable to criminal prosecution;
b) Removing human tissues or organs
from a living person under 18 years of age, if not liable to criminal prosecution;
c) Transplanting human tissues or
organs removed from persons infected with diseases included in the list of
diseases issued by a competent authority.
8. Additional penalties:
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b) A part of operations of the
health facility involving the violation in Point c or dd Clause 1 or Point b
Clause 5 of this Article shall be suspended for a fixed period of 01 – 03
months;
c) The operating license of the
violating entity shall be suspended for a fixed period of 03 - 06 months in
case of commission of the violation in Clause 6 or 7 of this Article.
9. Remedial measures:
a) The entity committing the
violation in Clause 2 of this Article is compelled to return any amounts of
money collected against regulations of law. The amounts of money which cannot
be returned to payers shall be paid to the state budget in accordance with
regulations of law;
b) The violating entity is
compelled to bear all costs of medical services incurred by the affected person
in case of commission of the violation in Clause 7 of this Article. The amounts
of money which cannot be returned to payers shall be paid to the state budget
in accordance with regulations of law.
Article 45.
Violations against regulations on sex reassignment
1. A fine ranging from VND
2.000.000 to VND 5.000.000 shall be imposed for commission of one of the following
violations:
a) Disclosing information on sex
reassignment of others;
b) Discriminating against persons
who have undergone sex reassignment.
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3. Remedial measures:
a) The entity committing the
violation in Point b Clause 1 of this Article is compelled to make direct
apologies to persons who have been discriminated against;
b) The violating entity is
compelled to return any benefits illegally obtained from the commission of the
violation in Clause 2 of this Article.
Article 46.
Violations against regulations on health examination
1. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for commission of one of the
following violations:
a) Providing health check report
without conducting all examination procedures as required;
b) Providing health classification
results that do not correspond to the actual health condition of the person
undergoing the heath check.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for failing to meet any of the
required conditions for operating a health check facility.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for providing health checks
without having publicly announced the eligibility to provide health check
services.
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a) The provision of health check
services shall be suspended for a fixed period of 01 - 03 months in case of
commission of the violation in Clause 2 of this Article;
b) The operating license of the
violating entity shall be suspended for a fixed period of 01 - 03 months in
case of commission of the violation in Clause 3 of this Article.
Article 47.
Violations against regulations on infection control in health facilities
1. A fine ranging from VND 500.000
to VND 1.000.000 shall be imposed for commission of one of the following
violations:
a) Failing to provide counseling on
infection control measures for patients and their family members;
b) Failing to comply with
regulations of law and of the health facility on infection control applicable
to persons working in the health facility, patients and other persons entering
the health facility.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to implement, or
insufficiently implementing, infection control measures at a health facility;
b) Failing to ensure adequate
facilities, equipment, personal protective clothing, and personal hygiene
conditions for persons working in the health facility, patients, and other
persons entering the health facility in conformity with infection control
requirements in the health facility.
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a) The medical examination and
treatment practicing certificate or license shall be suspended for a fixed
period of 01 - 03 months in case of commission of the violation in Point b
Clause 1 of this Article;
b) The operating license of the
violating entity shall be suspended for a fixed period of 01 - 03 months in
case of commission of the violation in Clause 2 of this Article.
Article 48.
Violations against principles in medical examination and treatment
1. A fine ranging from VND 200.000
to VND 500.000 shall be imposed for commission of one of the following
violations:
a) Failing to respect or cooperate
with medical practitioners during the medical examination and treatment;
b) Failing to respect patients’
rights as prescribed by law;
c) Failing to comply with
professional methods and techniques required for medical examination and
treatment by medical practitioners, unless lawfully entitled to refuse medical
treatment.
2. A fine ranging from VND 500.000
to VND 1.000.000 shall be imposed for commission of one of the following
violations:
a) Failing to provide truthful
information on one's health condition or failing to fully cooperate with
medical practitioners and health facility;
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c) Failing to prioritize medical
examination and treatment for emergency patients, children aged under 06,
pregnant women, persons with severe or extremely severe disabilities, persons
aged 75 or older, and persons with meritorious services to the revolution, in
line with specific characteristics of a health facility.
3. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed for commission of one of the
following violations:
a) Harming honor or dignity of
medical practitioners during medical examination and treatment;
b) Failing to strictly comply with
code of conduct for medical practitioners as prescribed by law;
c) Discriminating against patients.
4. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to pay costs of medical
services, except cases of exemption and reduction prescribed by law;
b) Failing to establish an Expert
Council, as prescribed by law, to determine whether a medical error has
occurred in cases where a dispute over medical examination and treatment arises
following an adverse event affecting a patient.
5. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for failing to strictly comply
with technical and professional regulations in medical examination and
treatment, except for violations already provided for in other provisions of
this Section.
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7. Additional penalties:
a) The medical examination and
treatment practicing certificate or license shall be suspended for a fixed
period of 01 - 03 months, in case of commission of the violation in Clause 5 of
this Article;
b) A part of operations (ward,
department, center, unit or division committing the violation) or the operating
license of the violating entity (if the violation influences all of its
operations) shall be suspended for a fixed period of 01 - 03 months in case of
commission of the violation in Clause 5 of this Article.
8. Remedial measures:
a) The entity committing the
violation in Point a Clause 1, Point a Clause 3 or Clause 6 of this Article is
compelled to make direct apologies to medical practitioners;
b) The entity committing the
violation in Point b Clause 1 or Point c Clause 3 of this Article is compelled
to make direct apologies to patients.
Article 49.
Violations against regulations on clinical pharmacology of health facilities
1. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to assign sufficient
clinical pharmacologists according to the roadmap prescribed by law;
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2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for assigning clinical
pharmacologists who do not possess pharmacy practicing certificate or license, or
whose pharmacy practicing certificate is suspended, or who are suspended from
pharmacy practicing.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for failing to organize clinical
pharmacology activities according to the roadmap prescribed by law.
Article 50.
Violations against regulations on dissemination of information, education and
communication on infant feeding, nutritional products for infants, and
breastfeeding benefits
1. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed for releasing information,
education, or communication materials on the use of nutritional products for
infants that fail to comply with regulations in respect of any of the following
contents:
a) Guidance on the selection and
proper use of nutritional products for infants;
b) Guidance on cleaning and
sterilization of infant feeding equipment;
c) Guidance on hygienic feeding of
infants using cups and spoons;
d) Warnings on potential health
risks to infants associated with the use of pacifiers, bottle feeding, or
complementary feeding before 06 months of age;
dd) Information on the risk of
infection and contamination associated with bottle feeding and incorrect
preparation and feeding of infant formula;
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2. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for releasing information,
education, or communication materials on infant feeding that fail to comply with
regulations in respect of any of the following contents:
a) The benefits and superiority of
breastfeeding, affirming that breast milk is the best food for the health and
comprehensive development of infants; its anti-infective factors, especially
antibodies found exclusively in breast milk, which help prevent diarrhea,
respiratory infections, and some other infectious diseases;
b) Guidance on exclusive
breastfeeding for the first 06 months, continued breastfeeding up to 24 months
of age or longer as desired by mother and child, and appropriate complementary
feeding from 07 months of age;
c) The disadvantages of formula
feeding, including the absence of immune-protective factors found in breast
milk, increased economic and time burdens, potential risks of infection to
infants due to improper preparation, and other disadvantages as provided by
law;
d) Negative effects of bottle
feeding, use of pacifiers, or introduction of complementary feeding before 06
months of age;
dd) Guidance on the preparation,
storage, selection, and use of complementary foods at home using simple methods
to ensure food safety and appropriate nutrition balance with readily available
foods;
e) Instructions on proper nutrition
for breastfeeding mothers to sustain break milk production.
3. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for releasing information,
education, or communication materials on infant feeding that contain any of the
following contents:
a) Images, text, or other forms of
communication that encourage formula feeding or bottle feeding, or discourage
breastfeeding;
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c) Names or logos of infant
formula, feeding bottles or pacifiers.
4. A fine ranging from VND 10.000.000
to VND 20.000.000 shall be imposed for failing to prioritize the dissemination
of information, education, and communication on breastfeeding benefits and
infant feeding practices in programs on maternal and child health protection
and child nutrition improvement.
5. Remedial measure:
Communication materials shall be
recalled in case of commission of the violation in Clause 1, 2 or 3 of this
Article.
Article 51.
Violations against regulations on trading and use of nutritional products for
infants
1. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed for commission of one of the
following violations:
a) Providing guidance on formula
feeding for infants under 06 months of age, except in cases prescribed by
doctors;
b) Informing pregnant women,
nursing mothers, or their family members that formula feeding is as good as or
better than breastfeeding.
2. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for commission of one of the
following violations:
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b) Sending employees to directly or
indirectly approach nursing mothers, pregnant women, or their family members,
whether inside or outside health facilities, for the purpose of advertising or
encouraging the use of infant formula;
c) Failing to disseminate
information and provide counseling on breastfeeding to pregnant women, nursing
mothers, and their family members, in antenatal consultation rooms, labor and
delivery rooms, postnatal rooms, nutrition counseling rooms, or other easily
observable locations where such target groups are concentrated, in accordance
with regulations of law;
d) Receiving infant formula,
material benefits, or items bearing the name or logo of infant formula provided
by manufacturers or traders of such products;
dd) Allowing manufacturers or
traders to distribute samples or gifts of infant formula within health
facilities;
e) Providing lists containing the
names, ages, addresses, and telephone numbers of nursing mothers and pregnant
women to employees of manufacturers or traders for the purpose of approaching
such groups within health facilities;
3. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for commission of one of the
following violations:
a) Organizing or allowing the sale
of infant formula within health facilities, except in hospital pharmacies;
b) Using sponsorships such as scholarships,
scientific research grants, funding for training, conferences, seminars,
training courses, concerts, competitions, theater performances, film and video
production, telephone consultation services, or other form of support to
promote or encourage the trading or use of infant formula;
c) Allowing manufacturers or
traders of infant formula to display or exhibit any items or equipment bearing
the name or logo of their infant formula products, feeding bottles, or
pacifiers within health facilities;
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4. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for commission of one of the
following violations:
a) Organizing the display of infant
formula and/or complementary foods for infants under 06 months of age at health
facilities; displaying names or logos of infant formula products on banners,
posters, and other advertising materials in supermarkets, retail stores,
and health facilities;
b) Applying promotional measures to
infant formula products, including free samples, discount vouchers, rewards,
gifts, loyalty points, discounts, or any other form of promotion;
c) Conducting or supporting the
dissemination of information, education, and communication on infant feeding
for the purpose of promoting, introducing, or encouraging the sale or use
of infant formula products.
Section 3.
VIOLATIONS AGAINST REGULATIONS ON PHARMACY AND COSMETICS
Article 52.
Violations against regulations on pharmacy practicing
1. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for commission of one of the
following violations:
a) The chief pharmacist of a drug
retailer is absent during its opening hours, except in cases of authorized
absence as prescribed by law;
b) Failing to comply with decisions
issued by competent authorities in case of dangerous epidemics, natural
disasters, or catastrophes;
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d) Replacing prescribed drugs with
other drugs having the same active ingredient, route of administration, and
dosage without the buyer’s consent.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for commission of one of the
following violations:
a) Forging any of the required
documents in an application for pharmacy practicing certificate, if not liable
to criminal prosecution;
b) Practicing pharmacy without
obtaining a pharmacy practicing certificate, or while the pharmacy practicing
certificate has been suspended for a job position requiring such certificate as
prescribed by law;
c) Acting as the chief pharmacist
at two or more pharmacy business locations of the same establishment, except
for a chief pharmacist of an establishment operating a pharmacy chain as
prescribed by law; acting as the chief pharmacist of two or more pharmacy
business establishments or two or more pharmacy business types of the same
establishment;
d) Practicing pharmacy beyond the
practicing scope specified in the pharmacy practicing certificate and relevant
technical and professional regulations;
dd) Failure of an institution
providing professional training and refresher training programs in pharmacy to
meet eligibility requirements as prescribed by law;
e) Failure of an organization
administering examinations for pharmacy practicing certificates to meet the
eligibility requirements as prescribed by law;
g) Leasing, lending, or allowing
others to use one’s pharmacy practicing certificate;
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3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for using a leased or borrowed
pharmacy practicing certificate.
4. Additional penalties:
a) The pharmacy practicing
certificate shall be suspended for a fixed period of 01 - 03 months in case of
commission of the violation in Point c or d Clause 2 of this Article;
b) The pharmacy practicing
certificate and certificate of eligibility for pharmacy business shall be
suspended for a fixed period of 06 - 09 months in case of commission of the
violation in Point b Clause 1 of this Article.
5. Remedial measures:
The violating entity is compelled
to return any benefits illegally obtained from the commission of the violation
in Point g Clause 2, or Clause 3 of this Article.
Article 53.
Violations against regulations on pharmacy business establishments and
eligibility requirements to run pharmacy business
1. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed for commission of one of the
following violations:
a) Failure of a mobile drug
retailer to meet the eligibility requirements as prescribed by law;
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2. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed upon a business establishment with
a drug cabinet for failing to meet one of the eligibility requirements set by
law.
3. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for forging any documents in an
application for declaration of a business establishment with a drug cabinet, if
not liable to criminal prosecution.
4. A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for failing to implement
appropriate quarantine measures or to segregate the following drugs and
medicinal materials in a designated quarantine area, except the case prescribed
in Point dd Clause 4 Article 59 hereof:
a) Substandard drugs/medicinal
materials;
b) Drugs or medicinal materials
subject to a recall notification of a competent authority;
c) Expired drugs or medicinal
materials;
d) Drugs or medicinal materials of
unknown origin.
5. Additional penalties:
a) Business operations involving
the violation in Point a Clause 1 or Clause 2 of this Article shall be
suspended for a fixed period of 01 – 03 months;
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6. Remedial measure:
All drugs and medicinal materials
involving the violation in Clause 4 of this Article shall be destroyed, except
those in Points a and b Clause 4 of this Article which are allowed by competent
authorities to be re-exported or remedied as prescribed by law.
Article 54.
Violations against regulations on certificate of eligibility for pharmacy
business
1. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for commission of one of the
following violations:
a) Forging or altering any
documents or papers issued by competent authorities or relevant
organizations/individuals included in an application for issuance of a
certificate of eligibility for pharmacy business, if not liable to criminal
prosecution;
b) Using a leased or borrowed
certificate of eligibility for pharmacy business, or leasing, lending or
allowing others to use one’s certificate of eligibility for pharmacy business.
2. Additional penalty:
The certificate of eligibility for
pharmacy business shall be suspended for a fixed period of 22 - 24 months in
case of commission of the violation in Point b Clause 1 of this Article.
3. Remedial measure:
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Article 55.
Violations against regulations on rights and responsibilities of pharmacy
business establishments
1. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to report to the
Ministry of Health or the relevant Provincial-level Department of Health, or
failing to fulfill obligations in case of suspension of pharmacy business for
06 months or longer or shutdown;
b) Failing to notify or update the
list of practitioners possessing pharmacy practicing certificates to a
competent authority as prescribed by law;
c) Failing to submit periodic
reports, ad hoc reports, or reports upon request of competent pharmacy
authorities as prescribed by law.
2. A fine ranging from VND 5.000.000
to VND 10.000.000 shall be imposed for commission of one of the following
violations:
a) Failing to openly post a
pharmacy practicing certificate, in cases where such pharmacy practicing
certificate is required, or a certificate of eligibility for pharmacy business
at business premises;
b) Failing to pay compensation for
entities suffering damage caused by the drug/medicinal material retailer as
prescribed by law.
3. A fine ranging from VND 10.000.000
to VND 20.000.000 shall be imposed for failing to pay compensation for entities
suffering damage caused by the establishment as prescribed by law, except the
case prescribed in Point b Clause 2 of this Article.
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5. Additional penalty:
Business operations involving the
violation in Point a Clause 1 of this Article shall be suspended for a fixed
period of 01 – 03 months.
Article 56.
Violations against regulations on marketing authorization of drugs and
medicinal materials
1. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to report or provide
information on marketing authorization of drugs in Vietnam according to
regulations on responsibilities of marketing authorization holders or drug
manufacturers, or upon request of competent authorities, unless a written
explanation stating the reasons has been provided and accepted by competent
authorities;
b) Failing to follow procedures for
notifying competent authorities of minor variations subject to prior
notification before placing drugs and medicinal materials on the market;
c) Failing to notify competent
authorities of the suspension of manufacture or supply of drugs, or of an
actual or anticipated shortage of drugs or medicinal materials, or of the
suspension of manufacture of the drug ordered for processing or the drug before
technology transfer;
d) Failing to notify competent
authorities of the suspension of manufacture or supply of drugs, or of an
actual or anticipated shortage of drugs or medicinal materials, or of the
suspension of manufacture of the drug ordered for processing or the drug before
technology transfer.
2. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for commission of one of the
following violations:
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b) Failing to publish information
about the recalled drug, or failing to organize the recall and receive the
recalled drug as prescribed by law;
c) Failing to update quality
specifications of drugs/medicinal materials as prescribed by law.
3. A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed for commission of one of the
following violations:
a) Failure of the marketing
authorization applicant to maintain satisfaction of operating conditions during
the validity period of the certificate of marketing authorization of
drugs/medicinal materials;
b) Failing to implement the
approved risk management plan included in the application for issuance of
certificate of marketing authorization for new chemical drugs, vaccines, and
biologicals (except probiotic biological products);
c) Failing to follow procedures for
approval of variations to marketing authorization with a competent authority
and obtain such approval before placing drugs/medicinal materials on the market
in respect of major/minor variations requiring approval;
d) Manufacturing and placing on the
market drugs/medicinal materials with variations from the approved application
for marketing authorization that, under applicable regulations of law, require
the issuance of a new certificate of marketing authorization;
dd) Failing to make changes in the
processed drug which meets the requirements set out in applicable law,
corresponding to those changes in the drug ordered for processing in the event
that the drug ordered for processing which is being manufactured and placed on
the market in its country of origin are subject to changes in the formulation,
manufacturing process, quality specifications of materials, or quality
specifications of drug products, or trade name as approved by a competent
authority of its country of origin;
e) Failing to make changes in the
drug manufactured adopting transferred technology which meets the requirements
set out in applicable law, corresponding to those changes in the drug before
technology transfer in the event that the drug before technology transfer which
is being manufactured and placed on the market in its country of origin are
subject to changes in the formulation, manufacturing process, quality
specifications of materials, or quality specifications of drug products, or
trade name as approved by a competent authority of its country of origin;
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h) Failing to submit a report by
the prescribed deadline on the recall of drugs/medicinal materials or
revocation of its marketing authorization as prescribed by law.
4. A fine ranging from VND
50.000.000 to VND 70.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to notify competent
authorities of the case where the drug/medicinal material granted certificate
of marketing authorization in Vietnam is recalled in any country other than the
manufacturing country or reference country where the Certificate of
Pharmaceutical Product (CPP) included in the submitted application for
marketing authorization is issued;
b) Failing to notify competent
authorities of the case where the drug/medicinal material granted certificate
of marketing authorization in Vietnam is recalled in the manufacturing country
or reference country where CPP included in the submitted application for
marketing authorization is issued;
c) Failing to notify competent
authorities of a decision to revoke the marketing authorization of the drug
ordered for processing in any country in the world (during the validity period
of the marketing authorization of the processed drug);
d) Failing to notify competent
authorities in writing of a decision to revoke the marketing authorization of
the drug before technology transfer in any country in the world (during the
validity period of the marketing authorization of the drug manufactured
adopting transferred technology);
dd) Submitting an application for marketing
authorization of drug/medicinal material containing documents or information
that is not derived from actual research or production activities of the
manufacturer, or containing documents as determined by a competent authority to
be forged, if not liable to criminal prosecution;
e) Submitting documents included in
an application for assessment of compliance with GMP requirements of a foreign
manufacturer which are determined by a competent authority to be forged, if not
liable to criminal prosecution.
5. Remedial measure:
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Article 57.
Violations against regulations on manufacturing of drugs and medicinal
materials
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for commission of one of the
following violations:
a) Failure of a vaccine
manufacturer to report before making changes or repairing the manufacturing
premises as prescribed by law;
b) Failing to cooperate with, or
obstructing, the quality inspection agency in the sampling of drugs or
medicinal materials for quality testing purposes;
c) Failing to submit report on
recall of drugs/medicinal materials as prescribed by law;
d) Failing to retain samples of
drug/medicinal material when performing drug/medicinal material testing as
prescribed by law.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to notify the competent
authority, as required by law, of the manufacture of drug/medicinal material
with minor variations from the approved application for marketing
authorization, except the case specified in Point b Clause 1 Article 56 of this
Decree;
b) Manufacturing drug/medicinal
material with minor variations from the approved application for marketing
authorization before obtaining approval for such variations from a competent
authority as prescribed by law, except the case specified in Point c Clause 3
Article 56 of this Decree;
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d) Failing to retain, or
inadequately retaining, documents relating the manufacture of drug/medicinal
material as prescribed by law.
3. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to comply with the
drug/medicinal material manufacturing or testing procedures included in the
approved application for marketing authorization as prescribed by law;
b) Manufacturing and placing on the
market drugs involving level-3 violations as prescribed by law;
c) Failing to perform testing for
medicinal materials and primary packages prior to their use in the manufacture
of drugs;
d) Failing to have drugs tested by
a testing laboratory designated by a competent authority before placing them on
the market, where such testing is compulsory as prescribed by law;
dd) Manufacturing drug/medicinal
material with major variations from the approved application for marketing
authorization before obtaining approval for such variations as prescribed by
law, except the case specified in Point c Clause 3 Article 56 of this Decree;
e) Manufacturing and placing on the
market drugs with an expired marketing authorization, unless otherwise
authorized by law;
g) Using medicinal materials/herbal
materials which are not granted certificate of marketing authorization, are not
included in the announced list of medicinal materials, or for which quality
specifications have not yet been declared as prescribed by law;
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4. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to recall drug/medicinal
material at the request of a competent authority or upon the establishment’s
own detection of circumstances requiring the drug recall as prescribed by law;
b) Manufacturing and placing on the
market drugs involving level-2 violations as prescribed by law;
c) Manufacturing drugs with using
primary packages which fail to meet quality specifications as prescribed by
law;
d) Manufacturing and placing on the
market the medicinal material which fails to meet quality specifications as
prescribed by law;
dd) Replacing principal or
important manufacturing equipment that may significantly affect the
manufacturing process or the quality of drug/medicinal material without following
procedures for issuance of a certificate of eligibility for pharmacy business
or without submitting reports on such replacement as prescribed by law;
e) Changing auxiliary systems or
the design or operating principles of utility systems that may affect the
manufacturing environment without following procedures for issuance of a
certificate of eligibility for pharmacy business or without submitting reports
on such changes as prescribed by law;
g) Failing to submit reports on GMP
compliance as prescribed by law;
h) Failing to perform testing of
drug/medicinal material before release as prescribed by law;
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k) Manufacturing and placing on the
market the drugs using medicinal materials which have not undergone testing by
the manufacturer as prescribed by law.
5. A fine ranging from VND
40.000.000 to VND 60.000.000 shall be imposed for commission of one of the
following violations:
a) Manufacturing and placing on the
market drugs involving level-1 violations as prescribed by law;
b) Manufacturing drugs or medicinal
materials at a site other than the approved manufacturing site, notwithstanding
that the production line has been certified by a competent authority to be
compliant with GMP requirements;
c) Failing to report changes in case
of expansion of the existing manufacturing factory based on its current
structure, or major repairs or significant modifications to the structure,
layout of premises, or production lines;
d) Forging or altering any
documents, papers or certifications issued by competent authorities and other
entities during the manufacture of drugs/medicinal materials, if not liable to
criminal prosecution;
dd) Manufacturing drugs/medicinal
materials beyond the scope specified in the certificate of eligibility for
pharmacy business or beyond the scope of inspection of GMP compliance as
prescribed by law;
e) Maintaining compliance with GMP
requirements at level 4 only.
6. A fine ranging from VND
60.000.000 to VND 80.000.000 shall be imposed for commission of one of the following
violations:
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b) Manufacturing drugs using
medicinal materials which are substandard, subject to a recall notice given by
a competent authority, of unknown origin, or beyond their expiry date;
c) Manufacturing drugs/medicinal
materials at a site other than the one specified in the approved application
for marketing authorization, except the violation in Point b Clause 5 of this
Article;
d) Manufacturing drugs/medicinal
materials at an establishment that has not obtained a certificate of eligibility
for pharmacy business or has not been assessed as compliant with GMP
requirements as prescribed by law;
dd) Manufacturing drugs/medicinal
materials during the period of suspension of business operations or certificate
of eligibility for pharmacy business;
e) Manufacturing products which are
not drugs on the drug production line, except the manufacture of health
supplements on herbal or traditional drug production lines or other cases
prescribed by the Minister of Health;
g) Manufacturing, processing or
preparing traditional drugs containing a drug substance which is not authorized
by a competent authority as prescribed by law.
7. For the violation specified in
point dd clause 5 or point c, d, or dd clause 6 of this Article, the fine shall
be increased to 1,5 times if the violation involves combined drugs containing
narcotic substances, psychotropic substances, or precursors, or
radiopharmaceuticals; and the fine shall be increased to 02 times if the
violation involves narcotic drugs, psychotropic drugs, precursor drugs,
medicinal materials that are narcotic substances or psychotropic substances or
drug precursors; provided that, in all cases, the fine imposed shall not exceed
VND 100.000.000; and the corresponding additional penalties in clause 8 of this
Article and the remedial measures in clause 9 of this Article shall be also
imposed.
8. Additional penalties:
a) Business operations involving
the violation in Point c Clause 3 or Point h Clause 4 of this Article shall be
suspended for a fixed period of 01 – 03 months;
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c) Business operations involving
the violation in Point b or dd Clause 5 or Point a or c Clause 6 of this
Article shall be suspended for a fixed period of 03 – 06 months;
d) The certificate of eligibility
for pharmacy business shall be suspended for a fixed period of 09 - 12 months
in case of commission of the violation in Point e or g Clause 6 of this
Article;
dd) The certificate of eligibility
for pharmacy business shall be suspended for a fixed period of 03 - 06 months
in case of commission of the violation in Point d Clause 5 or Point b Clause 6
of this Article;
e) Operations of the pharmacy
business establishment directly involving the violation in Point e Clause 5 of
this Article shall be suspended for a fixed period of 03 – 06 months.
9. Remedial measure:
All drugs/medicinal materials shall
be destroyed in case of commission of the violation in Point c Clause 3, Point
b or c Clause 4, Point a Clause 5, or Clause 6 of this Article.
Article 58.
Violations against regulations on wholesaling of drugs and medicinal materials
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for commission of one of the
following violations:
a) Expanding an existing warehouse
based on its current structure, or making repairs or modifications to the
structure or layout of a warehouse of a drug/medicinal material wholesaler
without submitting a report on such changes, accompanied with corresponding
technical documents as required by law;
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c) Failing to submit reports on
drug recall at the request of a competent authority;
d) Buying or selling drugs
involving level-3 quality violations as prescribed by law, after a recall
notice has been issued;
dd) Buying or selling drugs
included in a national target program, provided as emergency aid, or other
drugs banned from selling as prescribed by law;
e) Failing to retain all documents
concerning each batch/shipment of drugs/medicinal materials for the retention
period prescribed by law.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for commission of one of the
following violations:
a) Buying or selling
drugs/medicinal materials intended as samples used for marketing authorization,
testing, scientific research, or display at trade fairs or exhibitions; or
supplying medicinal materials imported under license for the manufacture of
exported drugs inconsistently with applicable regulations;
b) Selling or buying drugs,
medicinal materials, vaccines, or biologicals beyond the business scope
specified in the certificate of eligibility for pharmacy business;
c) Buying or selling drugs
involving level-2 quality violations as prescribed by law, after a recall
notice has been issued;
d) Failing to recall
drugs/medicinal materials at the request of a competent authority.
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a) Selling or buying drugs,
medicinal materials, vaccines or biologicals to or from an individual or
establishment that does not hold a valid certificate of eligibility for
pharmacy business, unless an establishment engaging in pharmacy business is not
required to obtain such a certificate as prescribed by law;
b) Failing to apply for periodic
inspection of GDP (Good Distribution Practices) compliance as prescribed by
law;
c) Failing to maintain
Internet-connected equipment and computers and to use software programs for
managing distribution activities;
d) Failing to adopt a mechanism for
transmission of information, or failing to transmit complete information on
drug distribution and quality between a manufacturer and its customers, or to
relevant regulatory authorities at their request;
dd) Only maintaining GDP compliance
at level 3, as determined by a competent authority.
4. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for commission of one of the
following violations:
a) Buying or selling drugs
involving level-1 quality violations as prescribed by law, after a recall
notice has been issued;
b) Buying or selling preliminarily
processed herbal materials that do not meet the quality specifications
prescribed by competent authorities;
c) Storing drugs/medicinal
materials in a manner inconsistent with the storage conditions stated on their
labels, or at a site other than the business location specified in the
certificate of eligibility for pharmacy business, except when using contracted
storage services;
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dd) Making changes in auxiliary
systems or design or operating principles of utility systems that may affect
storage requirements or conditions without submitting a report on such changes,
accompanied by corresponding technical documents as prescribed by law.
5. A fine ranging from VND 40.000.000
to VND 60.000.000 shall be imposed for buying or selling drugs/medicinal
materials:
a) without a valid certificate of
eligibility for pharmacy business, unless an establishment engaging in pharmacy
business is not required to obtain such a certificate as prescribed by law; or
b) beyond the scope specified in
the issued certificate of eligibility for pharmacy business; or
c) at a location other than the one
specified in the issued certificate of eligibility for pharmacy business, except
for trading activities performed through e-commerce modalities; or
d) during the period of suspension
of business operations or the issued certificate of eligibility for pharmacy
business.
6. The following fines shall be
imposed for buying or selling drugs/medicinal materials which are subject to
recall decisions issued by competent authorities, of unknown origin, or beyond
their expiry date, or which have not been issued with an import license, except
for drugs/medicinal materials which are not subject to the import license
requirements as prescribed by law, or which have not been issued with a
certificate of marketing authorization, except for drugs/medicinal materials
which are not required to be authorized as prescribed by law:
a) A fine ranging from VND
5.000.000 to VND 7.000.000 shall be imposed for the violation involving goods
worth less than VND 5.000.000;
b) A fine ranging from VND
7.000.000 to VND 10.000.000 shall be imposed for the violation involving goods
worth from VND 5.000.000 to under VND 10.000.000;
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d) A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for the violation involving goods
worth from VND 20.000.000 to under VND 30.000.000;
dd) A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for the violation involving goods
worth from VND 30.000.000 to under VND 40.000.000;
e) A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed for the violation involving goods
worth from VND 40.000.000 to under VND 50.000.000;
g) A fine ranging from VND
50.000.000 to VND 60.000.000 shall be imposed for the violation involving goods
worth from VND 50.000.000 to under VND 60.000.000;
h) A fine ranging from VND
60.000.000 to VND 70.000.000 shall be imposed for the violation involving goods
worth from VND 60.000.000 to under VND 70.000.000;
i) A fine ranging from VND
70.000.000 to VND 80.000.000 shall be imposed for the violation involving goods
worth from VND 70.000.000 to under VND 80.000.000;
k) A fine ranging from VND
80.000.000 to VND 90.000.000 shall be imposed for the violation involving goods
worth from VND 80.000.000 to under VND 100.000.000;
l) A fine ranging from VND
90.000.000 to VND 100.000.000 shall be imposed for the violation involving
goods worth VND 100.000.000 or more.
7. For the violation specified in
point e clause 1, or point a or b clause 2, point a clause 3, point d clause 4,
clause 5 or clause 6 of this Article, the fine shall be increased to 1,5 times
if the violation involves drugs or drug substances banned from use in some
fields and sectors, combined drugs containing narcotic substances, psychotropic
substances, or precursors, or radiopharmaceuticals; or the fine shall be
increased to 02 times if the violation involves narcotic drugs, psychotropic
drugs, precursor drugs, medicinal materials that are narcotic substances or
psychotropic substances or drug precursors; provided that, in all cases, the
fine imposed shall not exceed VND 100.000.000; and the corresponding additional
penalties in clause 8 of this Article and the remedial measures in clause 9 of
this Article shall be also imposed.
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a) The certificate of eligibility
for pharmacy business shall be suspended for a fixed period of 01 - 02 months
in case of re-commission of the violation in Point c or d Clause 3 of this
Article;
b) The pharmacy practicing
certificate shall be suspended for a fixed period of 03 – 06 months in case of
commission of the violation in Point a or c Clause 2, Clause 4, Point b Clause
5 or Clause 6 of this Article;
c) Operations of the violating
entity shall be suspended for a fixed period of 06 - 09 months in case of
commission of the violation in Point dd Clause 3, Point a or c Clause 5 or
Clause 6 of this Article;
d) Operations of the violating
entity shall be suspended for a fixed period of 03 - 06 months in case of
commission of the violation in Point b Clause 3 of this Article.
9. Remedial measure:
All drugs/medicinal materials must
be destroyed in case of commission of any of the violations in Point b Clause 4
and Clause 6 of this Article.
Article 59.
Violations against regulations on retailing of drugs and herbal materials
1. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed for commission of one of the
following violations:
a) Selling preliminarily processed
herbal materials that do not meet the quality specifications prescribed by
competent authorities;
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c) Failing to open and maintain
records or to use computerized systems for managing the warehousing,
dispatching, inventory, batch number, expiry date, origin, and other relevant
information of drugs as prescribed by law;
d) Buying or selling drugs
involving level-3 quality violations as prescribed by law, after a recall
notice has been issued;
dd) Failing to specify the name,
strength, and expiry date of drugs when retailing drugs without secondary
packages; failing to specify the dosage, frequency and method of administration
when retaining drugs without a prescription;
e) Failing to retain all documents
concerning each batch/shipment of drugs/medicinal materials for the retention
period prescribed by law;
g) Failing to cooperate with, or
obstructing, the quality inspection agency in the sampling of drugs or
medicinal materials for quality testing purposes.
2. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for commission of one of the
following violations:
a) Relocating a drug retailer’s
premises within the same business location, or expanding a drug retailer’s
premises, or making major repairs or significant modifications to the structure
of the drug retailer’s premises without submitting a report on such changes,
accompanied by corresponding technical documents as prescribed by law;
b) Failing to provide a separate
area for displaying products other than drugs, or failing to put a notice
stating "sản phẩm này không phải là thuốc" (“This product is not a
drug”), or displaying products which are not drugs in the same area as drugs in
case cosmetics, functional foods, and medical devices are sold together with
drugs as prescribed by law;
c) Buying or selling drugs
involving level-2 quality violations as prescribed by law, after a recall
notice has been issued;
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3. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to recall drugs/herbal
materials at the request of a competent authority;
b) Failing to have a separate room
for making extemporaneous preparations, or failing to have a separate area for
cleaning and washing preparation devices, if drugs are prepared according to
prescriptions;
c) Failing to maintain the
registered warehouse of a drug retailer where such warehouse has been declared
in the approved registration application, or storing drugs in a manner
inconsistent with the storage conditions stated on their labels, or failing to
comply with GPP (Good Pharmacy Practices) requirements;
d) Storing or retailing drugs
beyond the business scope specified in the certificate of eligibility for
pharmacy business, drugs included in a national target program, or provided as
emergency aid, or other drugs banned from selling as prescribed by law;
dd) Retailing vaccines;
e) Failing to apply for periodic
inspection of GPP compliance as prescribed by law;
g) Failing to have appropriate IT
equipment, apply IT, make network connection or control origin, prices and
sources of drugs bought and sold as prescribed by law, except herbal material
retailers;
h) Failing to transmit information,
or transmitting inadequate information, on the sale, purchase and quality of
drugs between suppliers and customers upon a request made in accordance with
regulations of law, except herbal material retailers;
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k) Receipt of drugs by any pharmacy
in a pharmacy chain from an establishment other than the entity operating such
pharmacy chain;
l) Operating at a location other
than the one specified in the issued certificate of eligibility for pharmacy
business, except for trading activities performed through e-commerce
modalities;
m) Retailing drugs through
e-commerce modalities without providing online counseling or instructions for
use to buyers; or without adequately publishing information on the certificate
of eligibility for pharmacy business, and the pharmacy practicing certificate
of the chief pharmacist, and duly approved product information.
4. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for commission of one of the
following violations:
a) Buying or selling drugs for
clinical trial;
b) Buying or selling drugs
manufactured or prepared according to prescriptions for use within health
facilities, except cases permitted by law;
c) Buying or selling chemical drugs
prepared according to prescriptions from other drugstores;
d) Buying or selling drugs on the
list of drugs restricted from retailing without obtaining permission as
prescribed by law;
dd) Failing to implement
appropriate quarantine measures or segregate the following drugs/herbal
materials in a designated quarantine area, including: drugs/herbal materials
that do not meet quality specifications; are subject to a recall notice of a
competent authority; beyond their expiry date; or of unknown origin;
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g) Selling prescription drugs
without a prescription presented;
h) Failure of the establishment operating
a pharmacy chain, or any pharmacy in such pharmacy chain, to send a written
notification of the rotation of chief pharmacists among pharmacies in such
pharmacy chain to a competent authority; failure of the establishment operating
a pharmacy chain to notify and update the competent authority the list of
pharmacies in the pharmacy chain;
i) Trading controlled
drugs/medicinal materials through e-commerce modalities, or retailing drugs on
the list of drugs restricted from retailing, or retailing prescription drugs,
except in circumstances of medical isolation in response to a group-A
infectious disease epidemic duly declared in accordance with regulations of
law;
k) Trading drugs/medicinal
materials through e-commerce modalities via channels other than e-commerce
platforms, e-commerce applications for goods sale, or websites with integrated
online ordering functions;
l) Failing to send written
notification to a competent authority before engaging in the trading of
drugs/medicinal materials through e-commerce modalities.
5. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for buying or selling
drugs/herbal materials
a) without a valid certificate of
eligibility for pharmacy business, unless an establishment engaging in pharmacy
business is not required to obtain such a certificate as prescribed by law; or
beyond the business scope specified in the issued certificate of eligibility
for pharmacy business; or
b) during the period of suspension
of business operations or the issued certificate of eligibility for pharmacy
business; or
c) where a pharmacy in a pharmacy
chain continues to operate while the establishment operating such pharmacy
chain has ceased operations or has been suspended for 06 months or longer.
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a) A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed for the violation involving goods
worth less than VND 1.000.000;
b) A fine ranging from VND
2.000.000 to VND 3.000.000 shall be imposed for the violation involving goods
worth from VND 1.000.000 to under VND 2.000.000;
c) A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for the violation involving goods
worth from VND 2.000.000 to under VND 5.000.000;
d) A fine ranging from VND
5.000.000 to VND 7.000.000 shall be imposed for the violation involving goods
worth from VND 5.000.000 to under VND 10.000.000;
dd) A fine ranging from VND
7.000.000 to VND 10.000.000 shall be imposed for the violation involving goods
worth from VND 10.000.000 to under VND 15.000.000;
e) A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for the violation involving goods
worth from VND 15.000.000 to under VND 30.000.000;
g) A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for the violation involving goods
worth from VND 30.000.000 to under VND 40.000.000;
h) A fine ranging from VND
20.000.000 to VND 25.000.000 shall be imposed for the violation involving goods
worth from VND 40.000.000 to under VND 50.000.000;
i) A fine ranging from VND
25.000.000 to VND 30.000.000 shall be imposed for the violation involving goods
worth from VND 50.000.000 to under VND 70.000.000;
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l) A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed for the violation involving goods
worth VND 100.000.000 or more.
7. For the violation specified in
point c or e clause 1, point a clause 2, point d clause 3, , clause 5 or clause
6 of this Article, the fine shall be increased to 1,5 times if the violation
involves drugs or drug substances included in the list of drugs or drug
substances banned from use in some fields and sectors, combined drugs
containing narcotic substances, psychotropic substances, or precursors, or
radiopharmaceuticals; or the fine shall be increased to 02 times if the
violation involves narcotic drugs, psychotropic drugs, precursor drugs,
medicinal materials that are narcotic substances or psychotropic substances or
drug precursors; provided that, in all cases, the fine imposed shall not exceed
VND 100.000.000; and the corresponding additional penalties in clause 8 of this
Article and the remedial measures in clause 9 of this Article shall be also imposed.
8. Additional penalties:
a) The certificate of eligibility
for pharmacy business shall be suspended for a fixed period of 01 - 02 months
in the case of recidivism of the violation in Point g or h Clause 3 of this
Article;
b) The pharmacy practicing
certificate and certificate of eligibility for pharmacy business shall be
suspended for a fixed period of 01 - 03 months in case of commission of the
violation in Point b, c or d Clause 4 of this Article;
c) The pharmacy practicing
certificate shall be suspended for a fixed period of 03-06 months in case of
commission of the violation in Point c Clause 5 or Clause 6 of this Article;
d) Operations of the violating
entity shall be suspended for a fixed period of 01 - 03 months in case of
commission of the violation in Point a Clause 2 of this Article;
dd) Operations of the violating
entity shall be suspended for a fixed period of 06 - 09 months in case of
commission of the violation in Point dd or i Clause 3 or Point b Clause 5 of
this Article;
e) Operations of the establishment
operating a pharmacy chain shall be suspended for fixed period of 01 - 03
months where two or more pharmacies in such pharmacy chain commit the violation
in Point e Clause 4 of this Article with respect to the same drug.
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a) The violating entity is
compelled to return any benefits illegally obtained from the commission of one
of the violations in Clause 5 and 6 of this Article;
b) All substandard drugs/herbal materials
shall be destroyed in case of commission of the violation in Point e Clause 4
of this Article;
c) All drugs/herbal materials
involved in the violation in Point c Clause 5 or Clause 6 of this Article shall
be destroyed.
Article 60.
Violations against regulations on import and export of drugs and medicinal
materials
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to submit reports on
recall of drugs/medicinal materials at the request of a competent authority;
b) Failing to cooperate with, or
obstructing, the quality inspection agency in the sampling of drugs or
medicinal materials for quality testing purposes;
c) Failing to retain samples of
imported finished drug products, where such retention is compulsory, for a
minimum period of 12 months after their expiry date;
d) Failing to retain samples of
active ingredients used for the manufacture of drugs at the importer’s
premises, where such retention is compulsory, for a minimum period of 12 months
after the expiry date of finished drug products made of such ingredients;
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2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to submit reports on GSP
(Good Storage Practices) compliance as prescribed by law;
b) Failing to retain documents
concerning the imported drug/medicinal material shipment for a period
prescribed by law;
c) Exporting drugs/medicinal
materials without holding a valid certificate of eligibility for pharmacy
business as prescribed by law, or during the period of suspension of operations
or certificate of eligibility for pharmacy business, or exporting
drugs/medicinal materials that are not in consistent with the information
specified in the export license or written approval for export, unless the
actual exported quantity is smaller than the licensed quantity;
e) Exporting drugs/medicinal
materials that are subject to a recall notice as prescribed by law;
dd) Exporting drugs/medicinal
materials beyond the scope specified in the certificate of eligibility for
pharmacy business;
e) Exporting herbal materials
included in the list of precious, rare and endemic medicinal plant species and
varieties subject to control without obtaining permission from a competent
authority.
3. A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed for commission of one of the
following violations:
a) Storing drugs/medicinal
materials at a warehouse that fails to meet GSP requirements, or at a site
other than the business location specified in the issued certificate of
eligibility for pharmacy business, except when using contracted storage
services;
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c) Importing drugs/medicinal
materials in excess of the quantity specified in the import license issued by a
competent authority, or with any information concerning packaging
specifications, exporter, supplier, or expiry date which is inconsistent with
the import license;
d) Failing to re-export all
drugs/medicinal materials imported under an import license for display at a
medicinal, pharmaceutical or medical device exhibition, or trade fair, upon
completion of such exhibition or trade fair;
dd) Exporting controlled
drugs/medicinal materials without a valid export license;
e) Importing drugs/medicinal
materials whose shelf life does not meet the prescribed requirements upon
arrival at a Vietnam’s port, without obtaining permission from a competent
authority;
g) Failing to recall
drugs/medicinal materials at the request of a competent authority;
h) Importing drugs/medicinal
materials beyond the scope specified in the certificate of eligibility for
pharmacy business;
i) Expanding an existing warehouse
based on its current structure, or making major repairs or significant
modifications to the structure or layout of a warehouse, or changing auxiliary
systems or the design or operating principles of utility systems that may
affect storage requirements or conditions without submitting reports on such
changes, accompanied with corresponding technical documents as prescribed by
law.
4. A fine ranging from VND 50.000.000
to VND 70.000.000 shall be imposed for commission of one of the following
violations:
a) Submitting any documents in an
approved application for drug/medicinal material import license which are
determined by a competent authority to be forged, if not liable to criminal
prosecution;
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c) Submitting an application for import
license containing information on the drug/medicinal material which is not
derived from actual research or production activities of the manufacturer.
5. A fine ranging from VND
70.000.000 to VND 80.000.000 shall be imposed for commission of one of the
following violations:
a) Importing drugs/medicinal
materials without holding a valid certificate of eligibility for pharmacy
business as prescribed by law, or during the period of suspension of business
operations or certificate of eligibility for pharmacy business;
b) Importing drugs/medicinal
materials subject to a recall notice of a competent authority;
c) Importing drugs/medicinal
materials that have not been granted a certificate of marketing authorization,
except drugs/medicinal materials which are not subject to the marketing
authorization requirements as prescribed by law, or importing drugs/medicinal
materials without holding a valid import license, except drugs/medicinal
materials which are not subject to the import license requirements as prescribed
by law, or importing drugs/medicinal materials with any information concerning
active ingredients, strength/concentration, dosage form, or manufacturer which
is inconsistent with the issued import license;
d) The conduct of a
foreign-invested pharmacy business establishment of activities directly related
to the distribution of drugs/medicinal materials which it is not permitted to
undertake under the pharmacy law;
dd) Importing drugs/medicinal
materials from suppliers that are not licensed to supply drugs/medicinal
materials as prescribed by law;
e) Continuing to supply or import
drugs into Vietnam following the revocation of the manufacturing license of the
foreign manufacturer, or where such manufacturer fails to meet GMP
requirements.
6. The following fines shall be
imposed for importing drugs/medicinal materials which have been expired:
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b) A fine ranging from VND 3.000.000
to VND 5.000.000 shall be imposed for the violation involving goods worth from
VND 2.000.000 to under VND 5.000.000;
c) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for the violation involving goods
worth from VND 5.000.000 to under VND 10.000.000;
d) A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for the violation involving goods
worth from VND 10.000.000 to under VND 20.000.000;
dd) A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for the violation involving goods
worth from VND 20.000.000 to under VND 30.000.000;
e) A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for the violation involving goods
worth from VND 30.000.000 to under VND 40.000.000;
g) A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for the violation involving goods
worth from VND 40.000.000 to under VND 50.000.000;
h) A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed for the violation involving goods
worth from VND 50.000.000 to under VND 60.000.000;
i) A fine ranging from VND
50.000.000 to VND 60.000.000 shall be imposed for the violation involving goods
worth from VND 60.000.000 to under VND 80.000.000;
k) A fine ranging from VND
60.000.000 to VND 70.000.000 shall be imposed for the violation involving goods
worth from VND 80.000.000 to under VND 100.000.000;
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7. For the violation specified in
point c, d, dd, or g clause 2, point a, c, d, or h clause 3, or point a or c
clause 5 of this Article, the fine shall be increased to 1,5 times if the
violation involves drugs or drug substances included in the list of drugs or drug
substances banned from use in some fields and sectors, combined drugs
containing narcotic substances, psychotropic substances, or precursors, or
radiopharmaceuticals; or the fine shall be increased to 02 times if the
violation involves narcotic drugs, psychotropic drugs, precursor drugs,
medicinal materials that are narcotic substances or psychotropic substances or
drug precursors; provided that, in all cases, the fine imposed shall not exceed
VND 100.000.000; and the corresponding additional penalties in clause 8 of this
Article and the remedial measures in clause 9 of this Article shall be also
imposed.
8. Additional penalties:
a) The pharmacy practicing
certificate of the chief pharmacist shall be suspended for a fixed period of 01
- 03 months in case of commission of the violation in Point b, c, d, dd, or e
Clause 2 of this Article;
b) The pharmacy practicing
certificate of the chief pharmacist shall be suspended for a fixed period of 03
- 06 months in case of commission of the violation in Point a, c, d, dd, e, g
or i Clause 3 of this Article;
c) The pharmacy practicing
certificate of the chief pharmacist shall be suspended for a fixed period of 06
- 09 months in case of commission of the violation in Clause 5 of this Article;
d) The certificate of eligibility
for pharmacy business shall be suspended for a fixed period of 18 - 24 months
in case of commission of the violation in Point d Clause 5 of this Article;
dd) Business operations involving
the violation in Point dd, or e Clause 2 of this Article shall be suspended for
a fixed period of 01 – 03 months;
e) Business operations involving
the violation in Point b, c, dd or h Clause 3 or Point b Clause 4 of this
Article shall be suspended for a fixed period of 03 – 06 months;
g) The import of drugs/medicinal
materials shall be suspended for a fixed period of 06 - 09 months in case of
commission of the violation in Point a, b or c Clause 5 of this Article.
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The violating entity is compelled
to transport out of the territory of the Socialist Republic of Vietnam or
re-export drugs/medicinal materials involving the violation in Point c, d, e,
or h Clause 3 or Clause 4, 5, or 6 of this Article. If these measures cannot be
implemented, drugs/medicinal materials shall be destroyed.
Article 61.
Violations against regulations on storage of drugs and medicinal materials by
drug/medicinal material storage service providers and non-commercial pharmacy
business establishments
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to submit a report on
changes, accompanied by corresponding technical documents, to the receiving
authority when relocating an existing warehouse or opening a new warehouse at
the same business location;
b) Failing to submit a report on
changes, accompanied by corresponding technical documents, to the receiving
authority when expanding an existing warehouse based on its current structure,
or making major repairs or significant modifications to the structure or layout
of a warehouse, or changing auxiliary systems or the design or operating
principles of utility systems that may affect storage requirements or
conditions;
c) Failing to send written
notification of GSP compliance to the receiving authority, or failing to comply
with the roadmap for GSP application and compliance by establishments that
store and supply vaccines, drugs and medicinal materials by non-commercial
pharmacy business establishments as prescribed by law;
d) Failing to cooperate with, or
obstructing, the quality inspection agency in the sampling of drugs or
medicinal materials for quality testing purposes;
dd) Failing to retain all documents
concerning each batch/shipment of drugs/medicinal materials for the retention
period prescribed by law.
2. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for commission of one of the
following violations:
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b) Health facilities, vaccination
clinics, facilities assigned to take charge of immunization tasks at commune
level, facilities in charge of storage of drugs that belong to national health
programs, or of people’s armed forces, or vaccine storage facilities under the
national expanded program on immunization at central, regional, or provincial
level, fail to submit written notification of GSP compliance to receiving
authorities before starting storage activities;
c) Failing to comply with storage
conditions during the storage or transport of drugs/medicinal materials;
d) Providing drug/medicinal
material storage services at an establishment that does not hold a valid
certificate of eligibility for pharmacy business with a scope appropriate to
the drug/medicinal material storage service provider.
3. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for providing drug/medicinal
material storage services:
a) without holding a valid
certificate of eligibility for pharmacy business; or
b) at a location other than the one
specified in the issued certificate of eligibility for pharmacy business; or
c) during the period of suspension
of business operations or the certificate of eligibility for pharmacy business;
or
d) without submitting reports on
GSP compliance as prescribed by law; or
dd) Only maintaining GSP compliance
at level 3.
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5. Additional penalties:
a) The pharmacy practicing
certificate shall be suspended for a fixed period of 01 - 03 months in case of commission
of the violation in Clause 2 of this Article;
b) Operations involving the
violation in Clause 2 of this Article shall be suspended for a fixed period of
01 – 03 months;
c) Operations of the violating
entity shall be suspended for a fixed period of 06 - 12 months in case of
commission of the violation in Point a, b, c or dd Clause 3 of this Article.
6. Remedial measures:
a) All substandard drugs/medicinal
materials shall be destroyed in case of commission of the violation in Point c
Clause 2 of this Article;
b) All drugs/medicinal materials
shall be destroyed in case of commission of the violation in Point a Clause 3
of this Article;
c) The violating entity is
compelled to return any benefits illegally obtained from the commission of the violation
in Point a, b or c Clause 3 of this Article.
Article 62.
Violations against regulations on drug testing, clinical trial and
bioequivalence study
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a) Failing to submit a report on
changes, accompanied with corresponding technical documents, to the receiving
authority when expanding an existing laboratory based on its current structure,
making major repairs or significant modifications to the structure or layout of
an existing laboratory, or changing auxiliary systems or the design or
operating principles of utility systems that may affect the laboratory
environment;
b) Failure of a drug testing
service provider to comply with regulations on drug sampling of the Ministry of
Health when conducting the sampling of drugs.
2. A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for commission of one of the
following violations:
a) Providing drug/medicinal
material testing service, bioequivalence study service or clinical trial
service against or beyond the scope specified in the certificate of eligibility
for pharmacy business or the scope of inspection of GLP (Good Laboratory
Practices) compliance or GCP (Good Clinical Practices) compliance of a
non-commercial pharmacy business establishment;
b) Disclosing personal information
of participants in the bioequivalence study without their consent;
c) Concealing information or
failing to provide participants with adequate and truthful information on the
bioequivalence study, its process and possible risks.
3. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for commission of one of the
following violations:
a) Provision of a non-commercial
pharmacy business establishment of bioequivalence study or clinical trial
service without possessing a valid certificate of eligibility for pharmacy
business or passing the inspection of GCP compliance;
b) Changing any documents included
in an approved application or bioequivalence study outline;
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d) Only maintaining the GLP
compliance at level 3;
dd) Failing to submit a report on
changes, accompanied by corresponding technical documents, to the authority
receiving the application for inspection of GLP compliance when relocating an
existing laboratory or opening a new laboratory within the same business
location.
4. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for forging or falsifying drug
testing/analysis results.
5. For the violation specified in
point a clause 2, or point a, or dd clause 3 of this Article, the fine shall be
increased to 1,5 times if the violation involves drugs or drug substances
included in the list of drugs or drug substances banned from use in some fields
and sectors, combined drugs containing narcotic substances, psychotropic
substances, or precursors, or radiopharmaceuticals; or the fine shall be
increased to 02 times if the violation involves narcotic drugs, psychotropic
drugs, precursor drugs, medicinal materials that are narcotic substances or
psychotropic substances or drug precursors; provided that, in all cases, the
fine imposed shall not exceed VND 100.000.000; and the corresponding additional
penalties in clause 6 of this Article shall be also imposed.
6. Additional penalties:
a) The certificate of eligibility
for pharmacy business shall be suspended for a fixed period of 01 - 03 months
in case of commission of any of the violations in Clause 2, Points a, b and d
Clause 3, and Clause 4 of this Article, except for the case specified in Point
b of this Clause;
b) Operations of the violating
non-commercial pharmacy business establishment shall be suspended for a fixed
period of 01 – 03 months in case of commission of the violation in Clause 2,
Point a, b or d Clause 3, or Clause 4 of this Article;
c) Operations of the violating
entity shall be suspended for a fixed period of 22 - 24 months, in case of
commission of the violation in Point c Clause 3 of this Article.
Article 63.
Violations against regulations on clinical trial of drugs
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a) Disclosing personal information
of participants in the clinical trial without their consent;
b) Failing to submit reports on
clinical trial procedures; failing to publish clinical trial results as
prescribed by law;
c) Failing to comply with GCP
requirements.
2. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for commission of one of the
following violations:
a) Conducting clinical trial
without obtaining a scientific and ethical assessment record of the clinical
trial dossier from the National Biomedical Ethics Committee and a written
approval from the Minister of Health;
b) Changing any documents included
in the clinical trial dossier or clinical trial outline approved by the
Minister of Health.
3. A fine ranging from VND 30.000.000
to VND 40.000.000 shall be imposed for commission of one of the following
violations:
a) Using drugs undergoing clinical
trial for other purposes;
b) Forging others to participate in
clinical trial.
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5. Additional penalties:
a) The certificate of eligibility
for pharmacy business or operations of the violating non-commercial pharmacy
business establishment shall be suspended for a fixed period of 01 – 03 months
in case of commission of the violation in Clause 1 or Clause 2 of this Article;
b) The certificate of eligibility
for pharmacy business or operations of the violating non-commercial pharmacy
business establishment shall be suspended for a fixed period of 03 – 06 months
in case of commission of the violation in Clause 3 or Clause 4 of this Article.
Article 64.
Violations against regulations on packages and labels of drugs and medicinal
materials
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for commission of one of the
following violations:
a) Importing, buying, or trading
drugs/medicinal materials whose commercial packages have been damaged, unless
permitted by law;
b) Importing herbal materials whose
secondary packages do not contain information on their origin.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for commission of one of the
following violations:
a) Manufacturing or importing
drugs/medicinal materials whose packages are not conformable with those
described in the approved application, except the case prescribed in Point b
Clause 3 of this Article;
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c) Failing to update the
drug-related information on labels and package inserts of drugs sold in Vietnam
at the request of the Ministry of Health;
d) Placing on the market by an
importer, application for marketing authorization, or domestic manufacturer, of
drugs/medicinal materials with labels or package inserts that do not conform to
the approved contents, or do not correctly reflect the relevant drug
information in respect of the contents which do not require approval.
3. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for commission of one of the
following violations:
a) Changing or altering the expiry
date on the drug label;
b) Using packaging material or
method which does not ensure the quality of drugs/medicinal materials;
c) Failing to update information on
contraindications and restrictions on eligible users of drugs as prescribed by
law.
4. Additional penalty:
Business operations involving the
violation in Point b Clause 2 or Clause 3 of this Article shall be suspended
for a fixed period of 01 – 03 months.
5. Remedial measure:
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Article 65.
Violations against regulations on controlled drugs
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for commission of one of the following
violations:
a) Storing, manufacturing,
preparing, dispensing, or using controlled drugs/medicinal materials at a
non-commercial pharmacy business establishment against regulations of law;
b) Transporting or delivering
controlled drugs against regulations of law;
c) Destroying controlled drugs
against regulations of law;
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed upon a drug retailer, or a fine
ranging from VND 10.000.000 to VND 20.000.000 shall be imposed upon a provider
of drug/medicinal material storage service, clinical trial service,
bioequivalence study service, or testing service, or a fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed upon a drug/medicinal material
manufacturer, exporter, importer, or wholesaler, for commission of one of the
following violations:
a) Failing to meet personnel and
facility requirements to prevent controlled drugs from loss as prescribed by
law;
b) Supplying or receiving materials
which are narcotic substances, psychotropic substances, or drug precursors,
without order forms approved by competent authorities; supplying or receiving
narcotic drugs, psychotropic drugs, or precursor drugs, without obtaining
approval from competent authorities as prescribed by law.
3. Additional penalty:
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Article 66.
Violations against regulations on management of drug prices
1. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed upon a drug retailer located
within the premises of a health facility for selling drugs at a retail mark-up
exceeding the maximum retail mark-up prescribed by law.
2. The following fines shall be
imposed for wholesaling prescription drugs where the intended wholesale prices
of such drugs are not yet declared by the manufacturer, the entity ordering
drug processing, or the importer, or where the applied wholesale prices are
higher than the intended wholesale prices declared or re-declared in accordance
with regulations of law, except the case prescribed in Point a Clause 3 of this
Article:
a) A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed for the violation involving the
drug whose selling price does not exceed VND 1.000 per smallest packaging unit;
b) A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for the violation involving the
drug whose selling price exceeds VND 1.000 but does not exceed VND 5.000 per
smallest packaging unit;
c) A fine ranging from VND
5.000.000 to VND 7.000.000 shall be imposed for the violation involving the
drug whose selling price exceeds VND 5.000 but does not exceed VND 100.000 per
smallest packaging unit;
d) A fine ranging from VND
7.000.000 to VND 10.000.000 shall be imposed for the violation involving the
drug whose selling price exceeds VND 100.000 but does not exceed VND 1.000.000
per smallest packaging unit;
dd) A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for the violation involving the
drug whose selling price exceeds VND 1.000.000 per smallest packaging unit.
3. A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed for commission of one of the
following violations:
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b) Failing to provide reports and
explanations in response to written requests or recommendations of the
competent authority in charge of drug price management.
4. Remedial measures:
a) The violating entity is
compelled to return any different amounts in case of commission of the
violation in Clause 1 or Clause 2 of this Article. The amounts of money which
cannot be returned to customers shall be paid to the state budget in accordance
with regulations of law;
b) The violating entity is
compelled to submit applications for declaration or re-declaration of drug
prices in case of commission of the violation in Point a Clause 3 of this
Article;
c) The violating entity is
compelled to submit the requested reports in case of commission of the
violation in Point b Clause 3 of this Article.
Article 67.
Violations against regulations on drug information
1. A fine ranging from VND 200.000
to VND 500.000 shall be imposed for commission of one of the following
violations:
a) Failing to wear a pharmaceutical
sales representative’s card while introducing drugs;
b) Introducing drugs without
obtaining a medical practitioner’s consent.
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a) Failing to submit the list of
pharmaceutical sales representatives issued with or having their cards revoked
to the Department of Health of province or city where they conduct drug
introduction activities;
b) Introduction by a pharmaceutical
sales representative of products which are not drugs;
c) Introduction by a pharmaceutical
sales representative of a drug other than the one designated by the pharmacy
business establishment.
3. A fine ranging from VND
15.000.000 to VND 30.000.000 shall be imposed for commission of one of the
following violations when providing drug information to medical practitioners
and pharmacy practitioners:
a) Providing drug information which
is not included in drug information documents as prescribed by law;
b) Providing drug information which
is not complete as prescribed by law;
c) Providing drug information which
does not conform to regulations of law;
d) Comparing or claiming that their
drug is superior to that of other establishments without providing scientific
documentation approved by competent authorities to substantiate such claim;
dd) A pharmaceutical sales
representative contacting patients, accessing their medical records or prescriptions,
or discussing or requesting for patient-related information;
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4. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to report and update
competent authorities on information about quality, safety and efficacy of
drugs produced, registered, sold, prepared, or processed;
b) A pharmaceutical sales
representative engaging in activities related to the sale, purchase, or
consignment of drugs with medical practitioners.
5. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for commission of one of the
following violations:
a) Providing information,
advertising, marketing, counseling, labeling, or instructions for use of foods,
cosmetics, or other non-medicinal products in a manner that attributes to such
products effects of disease prevention, treatment, diagnosis, alleviation, or
regulation of human physiological functions, thereby causing consumers to
misunderstand such products as drugs, except for medical devices;
b) Using material or financial
benefits to influence medicinal practitioners or drug users in order to promote
the prescribing or use of more drugs;
c) Altering or forging legal
documents issued by competent authorities in an application for certification
of drug information or during the provision of drug information, if not liable
to criminal prosecution;
d) Using certificates not
recognized by the Ministry of Health, or using material benefits, reputation,
symbols, images, positions, correspondence, or letters of appreciation of
organizations or individuals for the purpose of providing drug information;
dd) Using results of clinical
trials, pre-clinical trials, testing, or bioequivalence studies that have not
been recognized by the Ministry of Health for the purpose of providing drug
information;
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a) Operations of the entity that
commits the violation in Point a Clause 5 of this Article three or more times
within a year shall be suspended for a fixed period of 03 – 06 months;
b) The exhibits of the violation in
Point b Clause 5 of this Article, which are material or financial benefits,
shall be confiscated.
7. Remedial measure:
The entity committing the violation
in Point a, b or c Clause 3 or Point a, d, or dd Clause 5 of this Article is
compelled to recall products and remove violating elements. If violating
elements cannot be removed, products shall be destroyed.
Article 68.
Violations against regulations on cosmetic product notification
1. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to accurately declare
the contents of the cosmetic product notification form;
b) Making changes to any contents
that have been notified and assigned a notification number for cosmetic
products without obtaining written approval from a competent authority as
prescribed by law.
2. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for placing a cosmetic product on
the market before obtaining an acknowledgment of notification of that cosmetic
product (i.e. notification number) from a competent authority, or placing a
cosmetic product on the market by an entity responsible for placing the product
on the market after expiry of its notification number.
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4. Additional penalty:
Cosmetics business operations of
the entity responsible for placing the product on the market shall be suspended
for a fixed period of 06 - 09 months from the date of issuance of the penalty
imposition decision by the competent authority in case of commission of the
violation in Clause 2 of this Article.
5. Remedial measures:
a) Cosmetic products involving in the
violation in Clause 2 or Clause 3 of this Article shall be recalled and
destroyed;
b) Enforced return of the
notification number to the issuing authority in case of commission of the
violation in Point a Clause 1 or Clause 3 of this Article.
Article 69.
Violations against regulations on cosmetic manufacturing
1. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to adopt the quality
management system according to the ASEAN Guidelines for Cosmetic Good
Manufacturing Practice (CGMP-ASEAN);
b) Manufacturing a cosmetic product
whose formulation does not conform to that indicated in the cosmetic product
notification dossier;
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d) Manufacturing cosmetic products
that fail to meet quality standards;
dd) Carrying out manufacturing
activities at a location other than the one specified in the issued certificate
of eligibility for cosmetic manufacturing;
e) Carrying out manufacturing
activities beyond the scope specified in the issued certificate of eligibility
for cosmetic manufacturing;
g) Manufacturing cosmetic products
containing substances which are prohibited from use in cosmetics or whose
content or concentration exceeds the maximum permitted limits as prescribed by
law.
2. A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed for commission of one of the
following violations:
a) Manufacturing cosmetic products
without possessing a valid certificate of eligibility for cosmetic
manufacturing;
b) Forging any documents included
in the application for issuance, re-issuance, or modification of certificate of
eligibility for cosmetic manufacturing, if not liable to criminal prosecution;
c) Failing to maintain any of the
eligibility requirements after obtaining a certificate of eligibility for
cosmetic manufacturing as prescribed by law;
d) Manufacturing cosmetic products
during the period of suspension of operations or the issued certificate of eligibility
for cosmetic manufacturing.
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a) Cosmetic manufacturing of the
entity committing the violation in Point e Clause 1 of this Article shall be
suspended for a fixed period of 09 - 12 months from the date of issuance of the
penalty imposition decision by the competent authority;
b) Cosmetic manufacturing of the
entity committing the violation in Point a Clause 2 of this Article shall be
suspended for a fixed period of 12 - 18 months from the date of issuance of the
penalty imposition decision by the competent authority;
c) The certificate of eligibility
for cosmetic manufacturing shall be suspended for a fixed period of 01 - 03
months in case of commission of the violation in Point a, d, or g Clause 1 of
this Article;
d) The certificate of eligibility
for cosmetic manufacturing shall be suspended for a fixed period of 03 - 06
months in case of commission of the violation in Point b Clause 2 of this
Article.
4. Remedial measures:
a) All cosmetic products involving
in the violation specified in Clause 1 or Clause 2 of this Article shall be
recalled and destroyed. The cosmetic products which fail to meet packaging
weight or volume standards as specified in Point d Clause 1 of this Article
shall not be subject to disposal;
b) Enforced return of the
notification number to the issuing authority in case of commission of the
violation in Point a, b, c, dd, or e Clause 1, or Point b, c, or d Clause 2 of
this Article.
Article 70.
Violations against regulations on cosmetics trading in cosmetics business
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed, where the total value of
the violating shipment, calculated at selling price, is below VND 20.000.000,
or a fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed, where
the total value of the violating shipment, calculated at selling price,
is VND 20.000.000 or more, for an entity other than the one responsible for
placing cosmetic products in the market for commission of one of the following
violations:
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b) Trading in cosmetic products
that have exceeded their expiry date or the manufacturer-recommended shelf
life;
c) Trading in cosmetic products
subject to a recall notice issued by a competent authority due to violation of
law.
2. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed upon the entity responsible for
placing the cosmetic products on the market for commission of one of the
following violations:
a) Trading in cosmetic products
that fail to meet quality standards or are unsafe for consumers;
b) Trading in cosmetic products
with damaged or non-original packaging;
c) Trading in cosmetic products
that have exceeded their expiry date or the manufacturer-recommended shelf
life;
d) Trading in cosmetic products
subject to a recall notice issued by a competent authority due to violation of
law;
dd) Trading in cosmetic products
whose Product Information File (PIF) is incomplete as prescribed by law;
e) Trading in cosmetic products
whose labels state functions or uses inconsistent with those declared in the
cosmetic product notification dossier, misrepresenting the inherent nature of
the products, or attributing functions not characteristic of cosmetic products.
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a) Trading in cosmetic products
containing substances which are prohibited from use in cosmetics or whose
content or concentration exceeds the maximum permitted limits as prescribed by
law;
b) Trading in cosmetic products
without PIF, or failing to present PIF of cosmetic products within the
prescribed time limit to serve inspection requirements upon request of a
competent authority;
c) Trading in cosmetic products
whose formulation is not conformable with that specified in the approved
application for cosmetic product notification;
d) Failing to recall cosmetic
products at the request of a competent authority.
4. Remedial measures:
a) Cosmetic products involving in
the violation in Clause 1, Clause 2, or Point a, b or c Clause 3 of this
Article shall be recalled and destroyed;
b) Enforced return of the notification
number to the issuing authority in case of commission of the violation in
Clause 3 of this Article.
Section 4.
VIOLATIONS AGAINST REGULATIONS ON MEDICAL DEVICES
Article 71.
Violations against regulations on classification of medical devices
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2. A fine ranging from VND
50.000.000 to VND 75.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to send a written report
to the authority receiving the application for registration number to suspend
the application processing upon cancellation of classification result;
b) Failing to stop following
customs clearance procedures, and request the relevant checkpoint customs
authority to stop processing customs clearance procedures, and request the registration
number issuer to revoke the issued registration number upon cancellation of the
classification result of a medical device which has not been granted customs
clearance;
c) Failing to submit to the customs
authority that granted customs clearance a report clearly stating the quantity
of medical device already granted customs clearance and requesting the
suspension of import procedures for subsequent shipments until a new
registration number is issued using the correct classification result, in the
case of cancellation of the classification result of a medical device which has
been granted customs clearance but has not yet been supplied to final users;
d) Failing to submit to the
registration number issuer a report clearly stating the quantity of medical
device already granted customs clearance and sales contracts (if any), in the
case of cancellation of the classification result of a medical device which has
been granted customs clearance but has not yet been supplied to final users;
dd) Failing to submit to the
registration number issuer a report clearly stating the quantity of medical
device already sold to health facilities, in the case of cancellation of the
classification result of a medical device which has been sold to health
facilities;
e) Failing to send written
notification to health facilities where the subject medical device is in use,
in the case of cancellation of the classification result of a medical device
which has been sold to health facilities;
g) Failing to complete and update
the documents on registration of the medical device in use at health facilities
after a new registration number is granted, in the case of cancellation of the
classification result of a medical device which has been sold to health
facilities (where the medical device has been granted a registration number
using incorrect classification result but does not pose a risk to patients'
health, and health facilities may continue using such medical device);
h) Failing to implement necessary
remedial measures for ensuring normal operation of health facilities, in the
case of cancellation of the classification result of a medical device which has
been sold to health facilities (where the medical device has been granted a
registration number using incorrect classification result and is found to pose
a risk to patients' health, and health facilities must stop using such medical
device).
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a) Failing to classify medical
devices in accordance with the risk classification rules;
b) Failing to stop placing on the
market or failing to adopt measures for recalling the medical device which has been
granted a registration number using the classification result that has been
cancelled, in the case of cancellation of the classification result of a
medical device which has been granted customs clearance but has not yet been
supplied to final users.
4. Additional penalties:
a) Operations involving the
violation in Point a, b, c, d, dd, or e Clause 2 of this Article shall be
suspended for a fixed period of 01 – 03 months;
b) Operations involving the
violation in Point g or h Clause 2 of this Article shall be suspended for a
fixed period of 03 – 06 months.
Article 72.
Violations against regulations on medical device manufacturing
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for failing to prepare a written
notice of changes, accompanied by relevant supporting documents, or failing to
update such change-related documents in the application for declaration of
eligibility for manufacture of medical devices published on the Medical Device
Management Portal within 03 working days from the occurrence of any change to
the previously submitted application for declaration, as prescribed by law.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for commission of one of the
following violations:
a) Submitting an application for
declaration of eligibility for manufacture of medical devices which is
incomplete or does not comply with legal requirements regarding the validity of
its constituent documents;
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3. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for commission of one of the
following violations:
a) Failure of a manufacturer
engaged in the production of medical devices containing narcotic substances and
precursors to maintain a system for monitoring and managing the dispatching,
warehousing, inventory, and use of narcotic substances and precursors, medical
devices, and raw materials containing narcotic substances and precursors;
b) Failure of a manufacturer
engaged in the production of medical devices containing narcotic substances and
precursors to provide a separate area or warehouse to ensure the safe storage
of medical devices, and raw materials containing narcotic substances and
precursors;
c) Failure of a medical device
manufacturer to submit an application for declaration of eligibility for
manufacture of medical devices to the Department of Health of province or city
where its factory is located when carrying out the manufacture of medical
devices;
d) Failing to retain the documents
and papers included in a submitted application for declaration of eligibility
for manufacture of medical devices.
4. Additional penalty:
Operations of the violating entity
shall be suspended for a fixed period of 01 - 03 months in case of commission
of the violation in Point b Clause 2 or Clause 3 of this Article.
5. Remedial measure:
Medical devices involving in the
violation in Clause 3 of this Article shall be recalled and destroyed or
re-processed.
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1. A fine ranging from VND
20.000.000 to VND 40.000.000 shall be imposed for commission of one of the
following violations:
a) Placing on the market medical
devices which do not bear labels containing all information required under
regulations of law on labeling of goods;
b) Placing on the market medical
devices which are not accompanied with instructions for use in the Vietnamese
language;
c) Placing on the market medical
devices without information on the warranty center, warranty conditions, and
warranty period, except for single-use medical devices that are required
to be disposed of after use as specified by the product owner, or medical
devices for which no warranty is provided as evidenced by supporting
documentation;
d) Failing to prepare a written
notice of changes, accompanied by relevant supporting documents, and update
such change-related documents in the application for declaration of applied
standards published on the Medical Device Management Portal within 05 working
days during the placement of the medical device on the market;
dd) Failing to prepare a written
notice of changes, accompanied by relevant supporting documents, and update
such change-related documents in the application for registration number
published on the Medical Device Management Portal within 10 working days during
the placement of the medical device on the market;
e) Failing to send their
commitments to the Ministry of Health through the Medical Device Management
Portal within 60 days from the day on which the product owner or registration
number holder of the medical device declares termination of manufacturing, or
becomes bankrupt or is dissolved;
g) Placing on the market
domestically manufactured medical devices where the manufacturer that has not
yet submitted a declaration of eligibility for medical device manufacturing;
h) Placing on the market medical
devices which are imported from a manufacturer failing to have a certificate of
conformity with ISO 13485 quality control standards and have not been placed on
the market in any country in the world;
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2. A fine ranging from VND
40.000.000 to VND 60.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to re-apply for
declaration of applied standards for Class-A or Class-B medical device as
prescribed in case of changes in the product owner, class, category, intended
purposes, or indications for use of the medical device; or provision of
additional information on the manufacturer or product code;
b) Failing to establish, implement,
and manage the traceability of medical devices placed on the market as
prescribed by law;
c) Failing to retain adequate
documents for after-sale management of medical devices as prescribed by law;
d) Failure of an organization
declaring applied standards or applying for registration of a medical device to
establish and maintain a warranty center in Vietnam or sign a contract with a
qualified organization to provide warranty for medical devices, except for
single-use medical devices as defined by the product owner, or medical devices
for which no warranty is provided as evidenced by supporting documentation;
dd) In case the organization
declaring applied standards or applying for registration of a medical device is
a permanent representative office in Vietnam of a foreign trader that is the
product owner, or is authorized by the product owner, failure of the product
owner to establish and maintain a warranty center in Vietnam or sign a contract
with a qualified organization to provide warranty for medical devices, except
for single-use medical devices as defined by the product owner, or medical
devices for which no warranty is provided as evidenced by supporting
documentation;
e) Failure of a warranty center to
obtain a certificate of eligibility to provide warranty from the product owner;
g) Failing to prepare and maintain
records for monitoring of medical devices, and to implement traceability of
medical devices in accordance with regulations of law;
h) Failing to submit reports to
police authorities upon detection of any loss of medical devices containing
narcotic substances and precursors, or raw materials used in the manufacture
thereof;
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k) Failing to issue warnings, or
issuing late, inadequate, or inaccurate warnings, about risks to users’ health
and the environment, and instructions for sellers and users on how to minimize
the risks; failing to provide information about requirements for transport,
storage, and use of the medical devices;
l) Failing to stop placing on the
market, or failing to inform relevant parties; failing to take corrective or
remedial actions against, or recall defective medical devices as prescribed by
law;
m) Failing to maintain the validity
of certificate of free sale or marketing authorization of imported medical
devices, authorization letter, or certificate of eligibility to provide
warranty services during the effective period of the registration number as
prescribed by law.
3. A fine ranging from VND
60.000.000 to VND 80.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to comply with
regulations in cases where a Vietnamese or international competent authority
has issued a warning concerning a medical device that poses a potential serious
threat to public health or may result in death of users;
d) Submitting an application for
declaration of applied standards for Class-A or Class-B medical devices which
does not comply with legal requirements regarding the validity of its
constituent documents, if not liable to criminal prosecution;
c) Submission by the registration
number holder of an application for declaration or issuance of registration number
which is found not to comply with regulations of law;
d) Submitting an application for
registration of medical device containing documents which are determined by a
competent authority to be unconformable with regulations of law, if not liable
to criminal prosecution;
dd) Failing to comply with
regulations of law or decisions issued by competent authorities on examination
and inspection.
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a) Placing on the market medical
devices which have not been granted registration number, marketing
authorization number, certificate of registration, or import license in
accordance with regulations on management of medical devices, or which are not
subject to import license requirements (except insecticidal and germicidal
chemicals and preparations for medical and household use which are used for
disinfection of medical devices only) but have not been classified as Class-C
or D medical devices as published on the web portal of the Ministry of Health
of Vietnam;
b) Placing on the market medical
devices which fail to meet the quality requirements as registered;
c) Failing to comply with
regulations of law in cases where adverse events involving medical devices
occur and result in harm to users’ health;
d) Continuing to place on the
market a medical device issued with a registration number for a period of 24
months after the product owner declares termination of manufacturing or is
declared bankrupt or dissolved, while the registration number holder in Vietnam
fails to provide a commitment to provide warranty, maintenance, and spare parts
for replacing or serving the use of that medical device for at least 08 years,
except where the registration number holder is a permanent representative
office in Vietnam of the foreign product owner;
dd) Continuing to place on the
market a medical device issued with a registration number for a period
exceeding 24 months after the product owner declares termination of manufacturing
or is declared bankrupt or dissolved;
e) Failing to conduct the recall of
medical devices placed on the market in case where the Ministry of Health of
Vietnam has given a written response indicating its refusal to permit the
placement of the medical device on the market, except for medical devices sold
to health facilities or final users;
g) Failing to pay compensation for
damage caused by defective medical devices as prescribed by law;
h) Failing to retain all documents
included in the submitted application for declaration of applied standards for
Class-A or Class-B medical devices, or the submitted application for
registration number for Class-C or Class-D medical devices.
5. Additional penalties:
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b) Operations involving the
violation in Clause 2, Point a Clause 3, or Clause 4 of this Article shall be
suspended for a fixed period of 01 – 03 months.
6. Remedial measure:
Medical devices involving in the
violation in point h or i Clause 1 of this Article shall be recalled and
destroyed or re-processed.
Article 74.
Violations against regulations on trading in medical devices
1. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to adopt internal
control measures for maintaining quality of medical devices according to
requirements of the registration number holder;
b) Failing to provide, or providing
in inadequate or late manner, instructions for use of the medical device, and
information on safety conditions, storage, calibration, inspection, and
maintenance of the medical device to users;
c) Failing to inform, or
inadequately or lately informing, users of defective medical devices;
d) Failing to prepare and maintain
records for monitoring, traceability, and recall of medical devices in
accordance with regulations of law;
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e) Failing to comply with
regulations of law or decisions issued by competent authorities on examination
and inspection.
2. A fine ranging from VND 5.000.000
to VND 10.000.000 shall be imposed for commission of one of the following
violations:
a) Failing to submit report, or
submitting a report using incorrect form or after the prescribed deadline, to
competent authorities on the sale, export, import, and transfer of medical
devices containing narcotic substances and precursors, or raw materials used in
the manufacture thereof;
b) Failing to prepare a written
notice of changes, accompanied by relevant supporting documents, or failing to
update such change-related documents in the application for declaration of
eligibility for medical device trading published on the Medical Device
Management Portal within 03 working days from the occurrence of any change to
the previously submitted application for declaration, as prescribed by law.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to employ at least 01
technical employee possessing an associate degree or higher in engineering/technology,
medicine, pharmacy, chemistry, biology, or medical devices, or an associate
degree or higher commensurate with the category of medical devices traded by
the establishment;
b) Failing to have warehouses and
means of transport meeting the minimum requirements as prescribed by law;
c) Trading in medical devices by a
trading establishment before submitting an application for declaration of
eligibility for medical device trading to the Department of Health of province
or city where the trading establishment is located;
d) Submitting an application for
declaration of eligibility for medical device trading which is incomplete or
does not comply with legal requirements regarding the validity of its
constituent documents.
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a) Failure of an establishment
trading in medical devices containing narcotic substances and precursors to
employ a chief technician possessing a bachelor’s degree in medical devices,
medicine, pharmacy, pharmaceutical chemistry, or biology;
b) Failure of an establishment
trading in medical devices containing narcotic substances and precursors to
have warehouses meeting the minimum requirements as prescribed by law;
c) Failing to establish and
maintain a system for monitoring and managing the dispatching, warehousing, and
inventory of medical devices containing narcotic substances and precursors;
d) Failing to retain all documents
and papers included in a submitted application for declaration of eligibility
for trading in Class-B, Class-C, or Class-D medical devices.
5. Additional penalty:
Operations involving the violation
in Point a or d Clause 1, Point a, b, or d Clause 3, or Clause 4 of this
Article shall be suspended for a fixed period of 01 – 03 months.
Article 75.
Violations against regulations on import of medical devices
1. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for commission of one of the
following violations:
a) Submitting an application for
import license which does not comply with legal requirements regarding the
validity of its constituent documents;
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c) Submitting an application for
certificate of free sale (CFS) for medical devices which does not comply with
legal requirements regarding the validity of its constituent documents.
d) Failing to retain all documents
and papers included in a submitted application for declaration of eligibility
for trading in Class-B, Class-C, or Class-D medical devices.
2. Additional penalty:
Operations involving the violation
in Clause 1 of this Article shall be suspended for a fixed period of 01 – 03
months.
Article 76.
Violations against regulations on declaration of raw materials used in
manufacture of medical devices, and external quality assessment (EQA)
substances containing narcotic substances and precursors
1. A fine ranging from VND 10.000.000
to VND 20.000.000 shall be imposed for submitting an application for
declaration of raw materials used in manufacture of medical devices, and EQA
substances containing narcotic substances and precursors which is incomplete or
does not comply with legal requirements regarding the validity of its
constituent documents.
2. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for commission of one of the
following violations:
a) Importing raw materials used in
manufacture of medical devices, and EQA substances containing narcotic
substances and precursors before publishing a valid and complete application
for declaration thereof on the Medical Device Management Portal in provinces or
cities;
b) Failure of an importer or
exporter to re-apply for declaration of the concentration or content of
narcotic substances and precursors upon occurrence of any change to their
submitted declaration application;
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3. Additional penalty:
Operations involving the violation
in Clause 1 or Clause 2 of this Article shall be suspended for a fixed period
of 01 – 03 months.
Article 77.
Violations against regulations on eligibility requirements to provide medical
device technical consulting
1. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to have a bachelor’s degree
or higher in engineering/technology, medicine or pharmacy;
b) Failing to have at least 05
years' direct technical experience in medical device technology at health
facilities;
c) Failing to have been examined
and recognized by a training institution to be capable of providing medical
device technical consulting according to the training program issued by the
Ministry of Health.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for submitting an application for
declaration of eligibility to provide medical device technical consulting which
does not comply with legal requirements regarding the validity of its
constituent documents.
3. Additional penalty:
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Article 78.
Violations against regulations on information on medical devices
A fine ranging from VND 3.000.000
to VND 5.000.000 shall be imposed for commission of one of the following
violations:
1. Failure of healthcare workers to
disseminate information on levels of risks of Class-C or Class-D medical
devices to patients.
2. Failure of a registration number
holder or trading establishment to publish information on levels of risks and
other information related to the use of medical devices.
3. Failure of a health facility to
carry out internal dissemination of information on levels of risks and other
information related to the use of medical devices.
Article 79.
Violations against regulations on management and use of medical devices in
health facilities
1. A fine ranging from VND 500.000
to VND 1.000.000 shall be imposed for failing to submit reports on defective
medical devices and other information at the request of competent authorities.
2. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to prepare, manage, and
retain adequate documents on medical devices; failing to punctually and
sufficiently account for medical devices in terms of both physical inventory
and monetary value in accordance with regulations of the laws on accounting and
statistics, and other relevant laws;
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3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for using medical devices without
a valid registration number or import license, or which have exceeded their
expiry date.
Article 80.
Violations committed by medical device inspectors and inspection organizations
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for conducting inspections of
medical device safety and technical performance without holding a valid
certificate evidencing completion of continuing training in safety and
technical performance inspection for the relevant medical devices.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be for failing to send a written notice of
inspection results showing that the medical devices do not meet safety and
technical performance requirements to the Ministry of Health of Vietnam.
3. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for commission of one of the
following violations:
a) Conducting inspections beyond
the authorized scope of the certificate of registration of medical device
inspection services issued by a competent authority;
b) Failing to comply with the
announced inspection order and procedures, or inspection process issued by a
competent authority;
c) Failing to maintain the
satisfaction of eligibility requirements for provision of medical device
inspection services as declared.
4. A fine ranging from VND
70.000.000 to VND 100.000.000 shall be imposed for commission of one of the
following violations:
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b) Issuing certificates of
inspection of medical device safety and technical performance without having
conducted the actual inspection.
5. Additional penalties:
a) The inspector committing the
violation in Clause 1 or Point b Clause 3 of this Article shall be suspended
from conducting medical device inspections for a fixed period of 01 - 03
months;
b) The inspection organization
committing the violation in Clause 3 or Clause 4 of this Article shall be
suspended from providing medical device inspection services for a fixed period
of 01 - 03 months.
6. Remedial measures:
a) Certificates of medical device
inspection shall be revoked in case of commission of the violation in Point b
Clause 4 of this Article;
b) The violating entity is
compelled to return any benefits illegally obtaining from the commission of the
violation in Clause 3 or Clause 4 of this Article.
Section 5.
VIOLATIONS AGAINST REGULATIONS ON HEALTH INSURANCE
Article 81.
Violations against regulations on late payment of health insurance
contributions
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a) A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed for the violation involving less
than 10 employees;
b) A fine ranging from VND
2.000.000 to VND 4.000.000 shall be imposed for the violation involving from 10
to less than 50 employees;
c) A fine ranging from VND
4.000.000 to VND 7.000.000 shall be imposed for the violation involving from 50
to less than 100 employees;
d) A fine ranging from VND
7.000.000 to VND 15.000.000 shall be imposed for the violation involving from
100 to less than 500 employees;
dd) A fine ranging from VND
15.000.000 to VND 25.000.000 shall be imposed for the violation involving from
500 to less than 1.000 employees;
e) A fine ranging from VND
25.000.000 to VND 35.000.000 shall be imposed for the violation involving from
1.000 employees or more.
2. The following fines shall be imposed
upon an employer for failing to pay, or insufficiently paying the full amount
of health insurance contributions due from the payment deadline prescribed in
Clause 8 Article 15 of the Law on Health Insurance, except the cases specified
in clause c Article 48b of the Law on Health Insurance; or failing to pay, or
insufficiently paying the full amount of health insurance contributions due in
cases not deemed to constitute evasion of payment of health insurance
contributions as prescribed by law:
a) A fine ranging from VND 500.000
to VND 1.000.000 shall be imposed for the violation involving arrears of health
insurance contributions amounting to less than VND 5.000.000;
b) A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed for the violation involving arrears
of health insurance contributions amounting to from VND 5.000.000 to less than
VND 10.000.000;
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d) A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for the violation involving arrears
of health insurance contributions amounting to from VND 20.000.000 to less than
VND 40.000.000;
dd) A fine ranging from VND
5.000.000 to VND 7.000.000 shall be imposed for the violation involving arrears
of health insurance contributions amounting to from VND 40.000.000 to less than
VND 60.000.000;
e) A fine ranging from VND
7.000.000 to VND 15.000.000 shall be imposed for the violation involving
arrears of health insurance contributions amounting to from VND 60.000.000 to
less than VND 80.000.000;
g) A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for the violation involving
arrears of health insurance contributions amounting to from VND 80.000.000 to
less than VND 120.000.000;
h) A fine ranging from VND
20.000.000 to VND 25.000.000 shall be imposed for the violation involving
arrears of health insurance contributions amounting to from VND 120.000.000 to
less than VND 160.000.000;
i) A fine ranging from VND
25.000.000 to VND 35.000.000 shall be imposed for the violation involving
arrears of health insurance contributions amounting to VND 160.000.000 or more.
3. Remedial measures:
a) The violating entity is
compelled to reimburse any amounts incurred as losses by health insurance
participants in case of commission of the violation in Clause 1 or 2 of this
Article. The amounts of money which cannot be reimbursed to health insurance
participants shall be paid to the state budget in accordance with regulations
of law;
b) Any benefits illegally obtained
from the violation in Clause 1 or 2 of this Article shall be paid to the
dedicated account of the health insurance fund.
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d) The violating entity is
compelled to pay interests on late payment, calculated at a rate of 0,03%/day
on the arrears of health insurance contributions, corresponding to the period
of non-payment or insufficient payment, in case of commission of the violation
in Clause 1 or 2 of this Article;
Article 82.
Violations against regulations on evasion of payment of health insurance
contributions, if not liable to criminal prosecution
1. A fine ranging from VND 300.000
to VND 500.000 shall be imposed upon a compulsory health insurance participant
for failing to make the required health insurance contributions.
2. The following fines shall be
imposed upon an employer for failing to prepare, or preparing an incomplete
list of compulsory health insurance participants after the end of the 60-day
time limit from the deadline specified in Point b Clause 1 Article 17 of the
Law on Health Insurance, except for cases where such violation is not deemed to
constitute evasion of payment of health insurance contributions as prescribed
by law:
a) A fine ranging from VND
2.000.000 to VND 4.000.000 shall be imposed for the violation involving less
than 10 employees;
b) A fine ranging from VND
4.000.000 to VND 7.000.000 shall be imposed for the violation involving from 10
to less than 50 employees;
c) A fine ranging from VND
7.000.000 to VND 20.000.000 shall be imposed for the violation involving from
50 to less than 100 employees;
d) A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for the violation involving from
100 to less than 500 employees;
dd) A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed for the violation involving from
500 to less than 1.000 employees;
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3. The following fines shall be
imposed upon an employer for registering a salary as the basis for making
health insurance contributions lower than the statutory salary prescribed in
Article 14 of the Law on Health Insurance, or failing to pay, or insufficiently
paying the full amount of health insurance contributions calculated on the
registered salary, after the end of 60-day time limit from the payment deadline
prescribed in Clause 8 Article 15 of the Law on Health Insurance, and upon
receipt of a formal reminder from a competent authority, except the cases where
such violation is not deemed to constitute evasion of payment of health
insurance contributions as prescribed by law:
a) A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed for the violation involving arrears
of health insurance contributions amounting to less than VND 5.000.000;
b) A fine ranging from VND
2.000.000 to VND 3.000.000 shall be imposed for the violation involving arrears
of health insurance contributions amounting to from VND 5.000.000 to less than
VND 10.000.000;
c) A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for the violation involving arrears
of health insurance contributions amounting to from VND 10.000.000 to less than
VND 20.000.000;
d) A fine ranging from VND
5.000.000 to VND 7.000.000 shall be imposed for the violation involving arrears
of health insurance contributions amounting to from VND 20.000.000 to less than
VND 40.000.000;
dd) A fine ranging from VND
7.000.000 to VND 15.000.000 shall be imposed for the violation involving
arrears of health insurance contributions amounting to from VND 40.000.000 to
less than VND 60.000.000;
e) A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for the violation involving
arrears of health insurance contributions amounting to from VND 60.000.000 to
less than VND 80.000.000;
g) A fine ranging from VND
20.000.000 to VND 25.000.000 shall be imposed for the violation involving arrears
of health insurance contributions amounting to from VND 80.000.000 to less than
VND 120.000.000;
h) A fine ranging from VND
25.000.000 to VND 35.000.000 shall be imposed for the violation involving
arrears of health insurance contributions amounting to from VND 120.000.000 to
less than VND 160.000.000;
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4. Remedial measures:
a) The violating entity is
compelled to pay in full the evaded amount of health insurance contributions to
the health insurance fund, in case of commission of the violation in Clause 1,
2 or 3 of this Article;
b) The violating entity is
compelled to reimburse any amounts incurred as losses by health insurance
participants in case of commission of the violation in Clause 2 or 3 of this
Article. The amounts of money which cannot be reimbursed to health insurance
participants shall be paid to the state budget in accordance with regulations
of law;
c) Any benefits illegally obtained
from the violation in Clause 2 or 3 of this Article shall be paid to the
dedicated account of the health insurance fund;
d) The violating entity is
compelled to pay interests on late payment, calculated at a rate of 0,03%/day
on the amount of evaded or insufficiently paid health insurance contributions,
corresponding to the period of evasion as prescribed by the Law on Health
Insurance, in case of commission of the violation in Clause 2 or 3 of this
Article.
Article 83.
Violations against regulations on inclusion of ineligible persons in list of
health insurance participants
1. The following fines shall be
imposed for including persons who are not eligible under regulations of law in
the list of health insurance participants:
a) A fine ranging from VND
1.000.000 to VND 2.000.000 per heath insurance card shall be imposed for the
violation which does not cause damage to the health insurance fund;
b) A fine ranging from VND
2.000.000 to VND 3.000.000 per health insurance card shall be imposed if health
insurance cards have been used for health insurance-covered medical examination
and treatment, resulting in damage to the health insurance fund.
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a) A fine ranging from VND
1.000.000 to VND 2.000.000 per each person who holds a health insurance card
but has not yet used it for health insurance-covered medical examination and
treatment shall be imposed;
b) A fine ranging from VND
2.000.000 to VND 3.000.000 per each person who holds a health insurance card
and has used it for health insurance-covered medical examination and treatment
shall be imposed.
3. Additional penalty:
The exhibits, which are health
insurance cards, used for committing the violation in Clause 1 or Clause 2 of
this Article shall be confiscated.
4. Remedial measure:
The violating entity is compelled
to return any amounts arising from the violation to the dedicated account of
the health insurance fund in case of commission of the violation in Point b
Clause 1 or Point b Clause 2 of this Article.
Article 84.
Violations against regulations on use of health insurance cards in medical
examination and treatment
1. The following fines shall be
imposed for lending one’s health insurance card to another person or using
another person’s health insurance card for medical examination and treatment:
a) A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed for the violation which does not
result in damage to the health insurance fund;
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2. Remedial measure:
The violating entity is compelled
to return any amounts arising from the violation to the health insurance fund
in case of commission of the violation in Point b Clause 1 of this Article.
Article 85.
Falsification of medical records or prescriptions, or prescription of excessive
quantities or additional types of drugs, medical supplies, technical services,
hospital bed charges, and other costs which are not actually used by patients
or where no patient exists, for purpose of appropriating health insurance
benefits, if not liable to criminal prosecution
1. A fine ranging from VND 200.000
to VND 500.000 shall be imposed for the violation involving health insurance
benefits amounting to less than VND 1.000.000.
2. A fine ranging from VND 500.000
to VND 1.000.000 shall be imposed for the violation involving health insurance benefits
amounting to from VND 1.000.000 to less than VND 2.000.000.
3. A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed for the violation involving health
insurance benefits amounting to from VND 2.000.000 to less than VND 5.000.000.
4. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for the violation involving health
insurance benefits amounting to from VND 5.000.000 to less than VND 10.000.000.
5. Remedial measure:
The violating entity is compelled
to return the amounts of appropriated health insurance benefits to the
dedicated account of the health insurance fund, in case of commission of the
violation in Clause 1, 2, 3 or 4 of this Article.
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1. A fine ranging from VND 200.000
to VND 500.000 shall be imposed for the violation resulting in damage of less
than VND 1.000.000.
2. A fine ranging from VND 500.000
to VND 1.000.000 shall be imposed for the violation resulting in damage of from
VND 1.000.000 to less than VND 2.000.000.
3. A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed for the violation resulting in
damage of from VND 2.000.000 to less than VND 5.000.000.
4. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for the violation resulting in
damage of from VND 5.000.000 to less than VND 10.000.000.
5. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for the violation resulting in
damage of from VND 10.000.000 to less than VND 15.000.000.
6. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for the violation resulting in
damage of from VND 15.000.000 to less than VND 20.000.000.
7. Remedial measures:
a) The violating entity is
compelled to return any amounts arising from the violation to the dedicated
account of the health insurance fund, in case of commission of any of the
violations in Clauses 1, 2, 3, 4, 5 and 6 of this Article;
b) The violating entity is
compelled to reimburse any amounts incurred as losses by health insurance
participants in case of commission of any of the violations in Clauses 1, 2, 3,
4, 5 and 6 of this Article. The amounts of money which cannot be reimbursed to
health insurance participants shall be paid to the state budget in accordance
with regulations of law.
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1. A fine ranging from VND 300.000
to VND 500.000 shall be imposed for committing a violation against regulations
on scope of benefits of health insurance participants which involves an amount
of less than VND 1.000.000.
2. The following fines shall be
imposed for committing a violation against regulations on scope of benefits of health
insurance participants:
a) A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed for the violation involving an
amount of from VND 1.000.000 to less than VND 5.000.000;
b) A fine ranging from VND
2.000.000 to VND 3.000.000 shall be imposed for the violation involving an
amount of from VND 5.000.000 to less than VND 10.000.000;
c) A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for the violation involving an
amount of from VND 10.000.000 to less than VND 15.000.000;
d) A fine ranging from VND
5.000.000 to VND 7.000.000 shall be imposed for the violation involving an
amount of from VND 15.000.000 to less than VND 20.000.000;
dd) A fine ranging from VND
7.000.000 to VND 10.000.000 shall be imposed for the violation involving an
amount of from VND 20.000.000 to less than VND 40.000.000;
e) A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for the violation involving an
amount of VND 40.000.000 or more.
3. Remedial measures:
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b) The violating entity is
compelled to return any amounts arising from the violation to the dedicated
account of the health insurance fund in case of commission of the violation in
Clause 1 or Clause 2 of this Article.
Article 88.
Violations against regulations on reimbursement of health insurance-covered
medical examination and treatment costs resulting in damage to health insurance
fund
1. A fine ranging from VND 300.000
to VND 500.000 shall be imposed for applying incorrect prices, applying prices
that have not been prescribed or approved, or incorrectly recording the type,
strength, administration route, unit, or name of technical services in the
reimbursement of health insurance-covered medical examination and treatment
costs, or costs covered by other funding sources, if the violation involves an
amount of less than VND 1.000.000.
2. The following fines shall be
imposed for applying incorrect prices, applying prices that have not been prescribed
or approved, or incorrectly recording the type, strength, administration route,
unit, or name of technical services in the reimbursement of health
insurance-covered medical examination and treatment costs, or costs covered by
other funding sources:
a) A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed for the violation involving an
amount of from VND 1.000.000 to less than VND 5.000.000;
b) A fine ranging from VND
2.000.000 to VND 3.000.000 shall be imposed for the violation involving an
amount of from VND 5.000.000 to less than VND 10.000.000;
c) A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for the violation involving an
amount of from VND 10.000.000 to less than VND 20.000.000;
d) A fine ranging from VND 5.000.000
to VND 10.000.000 shall be imposed for the violation involving an amount of
from VND 20.000.000 to less than VND 40.000.000;
dd) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for the violation involving an
amount of from VND 40.000.000 to less than VND 80.000.000;
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g) A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed for the violation involving an
amount of VND 120.000.000 or more.
3. Remedial measures:
a) The violating entity is
compelled to return any amounts arising from the violation to the dedicated
account of the health insurance fund in case of commission of the violation in
Clause 1 or Clause 2 of this Article;
b) The violating entity is
compelled to reimburse any amounts incurred as losses by health insurance
participants in case of commission of the violation in Clause 1 or 2 of this Article.
The amounts of money which cannot be reimbursed to health insurance
participants shall be paid to the state budget in accordance with regulations
of law.
Article 89.
Violations against regulations on contracts for provision of health
insurance-covered medical examination and treatment services
1. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed for commission of any of the
following violations which do not cause damage to rights and benefits of health
insurance participants, heath facilities, or the heath insurance fund:
a) Unilaterally terminating a
contract for provision of health insurance-covered medical examination and
treatment services in contravention of regulations of law;
b) Entering into a contract for
provision of health insurance-covered medical examination and treatment
services with contents contrary to regulations of law;
c) Entering into a contract for
provision of health insurance-covered medical examination and treatment
services without proper authority as prescribed by law;
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2. The following fines shall be
imposed for the unilateral termination of a contract for provision of health
insurance-covered medical examination and treatment services, resulting in
damage to rights and benefits of health insurance participants, heath
facilities, or heath insurance fund:
a) A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for the violation involving an
amount of less than VND 50.000.000;
b) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for the violation involving an
amount of from VND 50.000.000 to less than VND 100.000.000;
c) A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for the violation involving an
amount of from VND 100.000.000 to less than VND 500.000.000;
d) A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for the violation involving an
amount of from VND 500.000.000 to less than VND 1.000.000.000;
dd) A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for the violation involving an
amount of from VND 1.000.000.000 to less than VND 5.000.000.000;
e) A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for the violation involving an
amount of VND 5.000.000.000 or more.
3. The following fines shall be
imposed for entering into a contract for provision of health insurance-covered
medical examination and treatment services with contents contrary to
regulations of law or without proper authority as prescribed by law, resulting
in damage to rights and benefits of health insurance participants, heath facilities,
or heath insurance fund:
a) A fine ranging from VND
1.000.000 to VND 5.000.000 shall be imposed for the violation involving an
amount of less than VND 50.000.000;
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c) A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for the violation involving an
amount of from VND 100.000.000 to less than VND 500.000.000;
d) A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for the violation involving an
amount of from VND 500.000.000 to less than VND 1.000.000.000;
dd) A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for the violation involving an amount
of from VND 1.000.000.000 to less than VND 5.000.000.000;
e) A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for the violation involving an
amount of VND 5.000.000.000 or more.
4. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to provide a health
facility with relevant records of health insurance participants’ medical
examination and treatment history;
b) Failing to advance, or to settle
in full, health insurance-covered medical examination and treatment costs
within the prescribed time limit, and in accordance with the prescribed amounts
and advance ratios under the law on health insurance.
5. Remedial measures:
a) The violating entity is compelled
to return any amounts arising from the violation to the dedicated account of
the health insurance fund, in case of commission of the violation in Clause 1,
2, 3 or 4 of this Article;
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c) The violating entity is
compelled to reimburse any amounts incurred as losses by health facilities in
case of commission of the violation in Clause 3 of this Article. The amounts of
money which cannot be reimbursed to health facilities shall be paid to the
state budget in accordance with regulations of law.
Article 90.
Misstatement of health insurance benefits in relation to information on health
insurance cards
1. A fine ranging from VND 200.000
to VND 500.000 shall be imposed for the misstatement of health insurance
benefits in relation to information on health insurance cards if the violation
involves an amount of less than VND 1.000.000.
2. The following fines shall be
imposed for the misstatement of health insurance benefits in relation to
information on health insurance cards:
a) A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed for the violation involving an
amount of from VND 1.000.000 to less than VND 5.000.000;
b) A fine ranging from VND
2.000.000 to VND 3.000.000 shall be imposed for the violation involving an
amount of from VND 5.000.000 to less than VND 10.000.000;
c) A fine ranging from VND
3.000.000 to VND 4.000.000 shall be imposed for the violation involving an
amount of from VND 10.000.000 to less than VND 15.000.000;
d) A fine ranging from VND
4.000.000 to VND 5.000.000 shall be imposed for the violation involving an
amount of from VND 15.000.000 to less than VND 20.000.000;
dd) A fine ranging from VND
5.000.000 to VND 6.000.000 shall be imposed for the violation involving an
amount of from VND 20.000.000 to less than VND 40.000.000;
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3. Remedial measures:
a) The violating entity is
compelled to reimburse any amounts incurred as losses by health insurance
participants in case of commission of the violation in Clause 1 or 2 of this
Article. The amounts of money which cannot be reimbursed to health insurance
participants shall be paid to the state budget in accordance with regulations
of law;
b) The violating entity is
compelled to reimburse any amounts incurred as losses by health facilities in
case of commission of the violation in Clause 1 or 2 of this Article. The
amounts of money which cannot be reimbursed to health facilities shall be paid
to the state budget in accordance with regulations of law;
c) The violating entity is
compelled to return any amounts arising from the violation to the dedicated
account of the health insurance fund in case of commission of the violation in
Clause 1 or 2 of this Article, which caused damage to the health insurance
fund.
Article 91.
Violations against regulations on reporting on implementation of health
insurance policies to competent authorities
1. A fine ranging from VND 200.000
to VND 500.000 shall be imposed for submitting reports on the implementation of
health insurance policies after the prescribed deadline or which do not contain
the required data, or contain inaccurate date, to competent authorities, where
such conduct does not affect the management, implementation, and formulation of
health insurance policies.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for submitting reports on the
implementation of health insurance policies after the prescribed deadline or
which do not contain the required data, or contain inaccurate date, to
competent authorities, where such conduct adversely affects the management,
implementation, and formulation of health insurance policies.
3. Remedial measure:
The violating entity is compelled
to return any amounts arising from the violation to the dedicated account of
the health insurance fund in case of commission of the violation in Clause 1 or
2 of this Article, which caused damage to the health insurance fund.
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1. A fine ranging from VND 200.000
to VND 500.000 shall be imposed for failing to provide or providing inaccurate
information about health insurance participants, or failing to provide such
information in a timely manner, provided that such violation does not cause
damage to the health insurance-covered medical examination and treatment fund.
2. The following fines shall be
imposed for failing to provide or providing inaccurate information about health
insurance participants, or failing to provide such information in a timely
manner, resulting in damage to the health insurance-covered medical examination
and treatment fund:
a) A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed if the damage is assessed at less
than VND 50.000.000;
b) A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed if the damage is assessed at from
VND 50.000.000 to less than VND 100.000.000;
c) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed if the damage is assessed at from
VND 100.000.000 to less than VND 200.000.000;
d) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed if the damage is assessed at VND
200.000.000 or more.
3. Remedial measure:
The violating entity is compelled
to return any amounts arising from the violation to the dedicated account of
the health insurance fund in case of commission of the violation in Clause 1 or
2 of this Article, which caused damage to the health insurance fund.
Article 93.
Violations against regulations on provision of information in provision of
health insurance benefits to patients at health facilities or direct reimbursement
of medical examination and treatment costs to health insurance participants,
including provision of incomplete or inaccurate information
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2. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed for failing to provide information,
or providing incomplete or inaccurate information, in the provision of health
insurance benefits to patients at health facilities or direct reimbursement of
examination and treatment costs for health insurance participants, resulting in
damage to health insurance participants.
3. Remedial measure:
The violating entity is compelled
to reimburse any amounts incurred as losses by health insurance participants in
case of commission of the violation in Clause 2 of this Article. The amounts of
money which cannot be reimbursed to health insurance participants shall be paid
to the state budget in accordance with regulations of law.
Article 94.
Late submission of final settlement reports on health insurance-covered medical
examination and treatment costs
1. A fine ranging from VND 500.000
to VND 1.000.000 shall be imposed for submitting a final settlement report on
health insurance-covered medical examination and treatment costs within 05
working days after the prescribed deadline.
2. The following fines shall be
imposed for late submission of a final settlement report on health
insurance-covered medical examination and treatment costs:
a) A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed if the report is submitted from 05
to under 20 working days after the prescribed deadline;
b) A fine ranging from VND
5.000.000 to VND 7.000.000 shall be imposed if the report is submitted 20
working days or more after the prescribed deadline.
Article 95.
Violations against other regulations on health insurance
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a) Causing difficulties in or
obstructing the provision of health insurance-covered medical examination and
treatment services, where such violation does not cause damage to health
insurance participants or health facilities;
b) Taking advantage of the
prescription and use of drugs, chemicals, medical devices, technical services,
and other medical services beyond what is medically necessary under regulations
on medical professional and technical standards, resulting in damage of less
than VND 1.000.000 to health insurance participants, the health insurance fund,
or health facilities;
c) Using another person’s user
account, or allowing another person to use one’s own user account, to access a
hospital management software system for the purpose of conducting medical
examinations, ordering diagnostic tests, surgical operations or procedures, or
prescribing drugs for patients.
2. The following fines shall be
imposed for causing difficulties in or obstructing the provision of health
insurance-covered medical examination and treatment services, resulting in
damage to health insurance participants or health facilities:
a) A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed if the damage is assessed at from
VND 1.000.000 to less than VND 5.000.000;
b) A fine ranging from VND
2.000.000 to VND 3.000.000 shall be imposed if the damage is assessed at from
VND 5.000.000 to less than VND 10.000.000;
c) A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed if the damage is assessed at from
VND 10.000.000 to less than VND 15.000.000;
d) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed if the damage is assessed at from
VND 15.000.000 to less than VND 20.000.000;
dd) A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed if the damage is assessed at from
VND 20.000.000 to less than VND 40.000.000;
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3. The following fines shall be imposed
for the abuse of medical services in health insurance-covered medical
examination and treatment, including the prescription and use of drugs,
chemicals, medical devices, technical services, and other medical services
beyond prescribed limits or what is medically necessary under regulations on
medical professional and technical standards, resulting in damage to health
insurance participants, health facilities, or the health insurance fund:
a) A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed if the damage is assessed at from
VND 1.000.000 to less than VND 5.000.000;
b) A fine ranging from VND
2.000.000 to VND 3.000.000 shall be imposed if the damage is assessed at from
VND 5.000.000 to less than VND 10.000.000;
c) A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed if the damage is assessed at from
VND 10.000.000 to less than VND 20.000.000;
d) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed if the damage is assessed at from
VND 20.000.000 to less than VND 40.000.000;
dd) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed if the damage is assessed at from
VND 40.000.000 to less than VND 60.000.000;
e) A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed if the damage is assessed at from
VND 60.000.000 to less than VND 80.000.000;
g) A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed if the damage is assessed at VND
80.000.000 or more.
4. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed for commission of one of the
following violations:
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b) Failing to establish data
connectivity and sharing, or to create electronic records of medical
examination and treatment, in accordance with regulations on electronic
transactions in health insurance sector.
5. The following fines shall be
imposed for organizing for health insurance participants to register for
initial health insurance-covered medical examination and treatment, or to
change their registered places of initial health insurance-covered medical
examination and treatment, in excess of the quota allocated by the competent
authority to health facilities in accordance with law:
a) A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed if the number of health insurance
cards exceeds the allocated quota by less than 10%;
b) A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed if the number of health insurance
cards exceeds the allocated quota by 10% or more.
6. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed for organizing for health insurance
participants who do not fall within the target group allocated by the competent
authority to health facilities as prescribed by law to register for initial
health insurance-covered medical examination and treatment, or to change their
registered places of initial health insurance-covered medical examination and
treatment.
7. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed for falling to notify, within the
prescribed time limit, the results of electronic data verification, or the
verification results and the approved amount of health insurance-covered
medical examination and treatment costs payable to health facilities.
8. Remedial measures:
a) The violating entity is
compelled to reimburse any amounts incurred as losses by health facilities in
case of commission of the violation in Point b Clause 1, Clause 2 or Clause 3
of this Article. The amounts of money which cannot be reimbursed to health
facilities shall be paid to the state budget in accordance with regulations of
law;
b) The violating entity is
compelled to reimburse any amounts incurred as losses by health insurance
participants in case of commission of the violation in Point b Clause 1, Clause
2 or Clause 3 of this Article. The amounts of money which cannot be reimbursed
to health insurance participants shall be paid to the state budget in
accordance with regulations of law;
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Section 6.
VIOLATIONS AGAINST REGULATIONS ON POPULATION
Article 96.
Violations against regulations on dissemination of information and counseling
on population, reproductive health, and family planning
1. A fine ranging from VND 200.000
to VND 500.000 shall be imposed for obstructing the dissemination and provision
of information and counseling on population, reproductive health, and family
planning.
2. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for commission of one of the
following violations:
a) Disseminating or providing
information that is contrary to the guidelines and policies of the Communist
Party of Vietnam (CPV), the laws of the State, or the nation’s fine traditional
moral values, or that adversely affects the performance of population tasks and
social life;
b) Disseminating information that
is false or inaccurate, or adversely affects the performance of population
tasks, social life, or other sectors;
c) Taking advantage of propaganda
and dissemination of information on population, reproductive health, and family
planning to distribute documents or materials, or to carry out other acts,
contrary to fine customs and traditions, and social ethics.
3. Additional penalty:
The exhibits, including documents
and materials containing violating information, of the violation in Clause 2 of
this Article shall be confiscated.
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The violating entity is compelled
to rectify any information that is contrary to guidelines and policies of the
Communist Party of Vietnam (CPV) and the laws of the State on population, in case
of commission of the violation in Clause 2 of this Article.
Article 97.
Violations against regulations on dissemination of information and counseling
on methods for sex selection of fetuses as desired
1. A fine ranging from VND
5.000.000 to VND 7.000.000 shall be imposed for commission of one of the
following violations:
a) Disseminating or providing
information on methods for sex selection of fetuses as desired;
b) Providing counseling on methods
for sex selection of fetuses as desired.
2. A fine ranging from VND
7.000.000 to VND 15.000.000 shall be imposed for commission of one of the
following violations:
a) Selling, leasing, distributing,
posting on the internet, social media platforms or applications, or publishing
in publications or articles, or using media products such as audio or images
containing information on methods for sex selection of fetuses as desired;
b) Publishing or broadcasting
information on methods for sex selection of fetuses as desired.
3. A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for translating, publishing,
producing, printing, releasing, duplicating or photocopying publications or
articles containing information on methods for sex selection of fetuses as
desired.
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The exhibits, including
publications, articles and documents used for propagation and information
dissemination activities, of the violation in Clause 1, 2 or 3 of this Article
shall be confiscated.
5. Remedial measure:
The violating entity is compelled
to remove any violating elements in case of commission of the violation in
Point a Clause 1 or Point b Clause 2 of this Article. If such violating
elements cannot be removed, products containing such violating elements shall
be destroyed.
Article 98.
Violations against regulations on fetal sex diagnosis and determination
1. A fine ranging from VND
5.000.000 to VND 7.000.000 shall be imposed for engaging in fortune-telling to
determine fetal sex.
2. A fine ranging from VND
7.000.000 to VND 15.000.000 shall be imposed for taking pulse readings or
performing ultrasound examinations or medical tests on pregnant women for the
purpose of diagnosing and disclosing or providing information on fetal sex,
unless otherwise prescribed by law.
3. Additional penalty:
The operating license, practicing
certificate or license shall be suspended for a fixed period of 01 - 03 months
in case of commission of the violation in Clause 2 of this Article.
Article 99.
Violations against regulations on fetal sex selection
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2. A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for using force to compel others
to apply methods for sex selection of fetuses as desired
3. A fine ranging from VND
20.000.000 to VND 25.000.000 shall be imposed for commission of one of the
following violations:
a) Prescribing or instructing the use
of drugs, functional foods, or any types of preparations, in any form, that
affect the conception process for the purpose of sex selection of fetuses as
desired;
b) Providing tools, drugs,
supplies, functional foods, or any types of preparations, in any form, that
affect the conception process for the purpose of sex selection of fetuses as
desired;
c) Conducting research on methods
of sex selection of fetuses as desired, unless otherwise prescribed by law.
4. Additional penalties:
a) Operations of the violating
entity shall be suspended for a fixed period of 01 - 03 months in case of
commission of the violation in Clause 3 of this Article;
b) The medical examination and
treatment practicing certificate or license shall be suspended for a fixed
period of 01 - 03 months, in case of commission of the violation in Clause 3 of
this Article.
5. Remedial measure:
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Article 100.
Acts of abortion for reasons of sex selection
1. A fine ranging from VND
5.000.000 to VND 7.000.000 shall be imposed for voluntarily terminating a
pregnancy for reasons of sex selection, not under any form of coercion.
2. A fine ranging from VND
7.000.000 to VND 10.000.000 shall be imposed for persuading or inciting a
pregnant woman to have an abortion for reasons of sex selection.
3. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for threatening to use force or
using psychological intimidation to compel a pregnant woman to have an abortion
for reasons of sex selection.
4. A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for using force to compel a
pregnant woman to have an abortion for reasons of sex selection.
5. A fine ranging from VND
20.000.000 to VND 25.000.000 shall be imposed for commission of one of the
following violations:
a) Providing chemicals or drugs to
terminate a pregnancy, with knowledge that the abortion is carried out for
reasons of sex selection;
b) Prescribing or instructing the
use of chemicals, drugs, or other measures for terminating a pregnancy, with
knowledge that the abortion is carried out for reasons of sex selection.
6. A fine ranging from VND
25.000.000 to VND 30.000.000 shall be imposed for carrying out an abortion with
knowledge that it is performed for reasons of sex selection.
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a) The operating license,
practicing certificate or license shall be suspended for a fixed period of 03 -
06 months in case of commission of the violation in Clause 5 of this Article;
b) The operating license,
practicing certificate or license shall be suspended for a fixed period of 06 -
12 months in case of commission of the violation in Clause 6 of this Article;
c) The certificate of eligibility
for pharmacy business or business operations of the violating non-commercial
pharmacy business establishment shall be suspended for a fixed period of 01 –
03 months in case of commission of the violation in Point a Clause 5 of this
Article.
Article 101.
Violations against regulations on implementation of family planning policies
1. A fine ranging from VND 200.000
to VND 500.000 shall be imposed for commission of one of the following
violations:
a) Failing to provide free
contraceptive devices to individuals who are eligible under law and in need of
such free contraceptives;
b) Uttering words or engaging in
acts that insult the honor or dignity of persons using contraceptive measures,
or persons who have given birth exclusively to sons or exclusively to daughters.
2. A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed for threatening to use force or
using psychological intimidation to compel another person to adopt
contraceptive methods.
3. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for commission of one of the
following violations:
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b) Threatening to use force or
using psychological intimidation to compel a woman who has given birth
exclusively to sons or exclusively to daughters to become pregnant or to have
additional children.
4. A fine ranging from VND
5.000.000 to VND 7.000.000 shall be imposed for using force to compel others to
adopt contraceptive methods.
5. A fine ranging from VND
7.000.000 to VND 10.000.000 shall be imposed for commission of one of the
following violations:
a) Inserting intrauterine devices,
or administering injectable or implantable contraceptives without the user’s
prior consent;
b) Using force to compel others not
to use, or to discontinue the use of, contraceptive methods;
c) Using force to compel a woman
who has given birth exclusively to sons or exclusively to daughters to become
pregnant or to have additional children.
6. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for performing sterilization
procedures for a person without his/her prior consent.
7. Additional penalty:
The operating license, medical examination
and treatment practicing certificate or license shall be suspended for a fixed
period of 01 - 03 months in case of commission of the violation in Clause 6 of
this Article.
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Intrauterine devices and
implantable contraceptives shall be removed in case of commission of the
violation in Point a Clause 5 of this Article.
Article 102.
Violations against regulations on sale of contraceptives
1. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed for selling contraceptives which
must be provided free of charge as prescribed by competent authorities.
2. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for selling contraceptives at
prices higher than those set by competent authorities.
3. Additional penalty:
The exhibits, which are
contraceptives, of the violation in Clause 1 of this Article shall be
confiscated.
4. Remedial measure:
The entity committing the violation
in Clause 1 or Clause 2 of this Article is compelled to return any amounts of
money collected against regulations of law. The amounts of money which cannot
be returned to payers shall be paid to the state budget in accordance with
regulations of law.
Chapter III
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Article 103.
Power to impose penalties of Chairpersons of People’s Committees
1. Chairpersons of People’s
Committees of communes, wards, or special zones (hereinafter referred to as
“commune-level”) shall have the power to:
a) Issue warning;
b) Impose a fine up to VND
15.000.000 for administrative violations against regulations on population; up
to VND 25.000.000 for administrative violations against regulations on
preventive medicine, HIV/AIDS prevention and control; up to VND 37.500.000 for
administrative violations against regulations on health insurance; and up to
VND 50.000.000 for administrative violations against regulations on medical
examination and treatment, pharmacy, cosmetics, and medical devices;
c) Suspend licenses/practicing
certificates, or suspend operations for a fixed period;
d) Confiscate the exhibits and
instrumentalities used for committing administrative violations;
dd) Impose the remedial measures
specified in Clause 3 Article 3 of this Decree.
2. Chairpersons of People’s
Committees of provinces or cities (hereinafter referred to as
“provincial-level”) shall have the power to:
a) Issue warning;
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c) Suspend licenses/practicing
certificates, or suspend operations for a fixed period;
d) Confiscate the exhibits and
instrumentalities used for committing administrative violations;
dd) Impose the remedial measures
specified in Clause 3 Article 3 of this Decree.
Article 104.
Power of heads of authorities performing state management tasks
1. Directors of Sub-departments of
Population and Children Affairs affiliated to Provincial-level Departments of
Health; Directors of Regional Livestock Production and Animal Health
Sub-departments affiliated to the Department of Livestock Production and Animal
Health; and Directors of Regional Radio Frequency Centers, shall have the power
to:
a) Issue warning;
b) Impose a fine up to VND
15.000.000 for administrative violations against regulations on population; up
to VND 25.000.000 for administrative violations against regulations on preventive
medicine, HIV/AIDS prevention and control; up to VND 37.500.000 for
administrative violations against regulations on health insurance; and up to
VND 100.000.000 for administrative violations against regulations on medical
examination and treatment, pharmacy, cosmetics, and medical devices;
c) Suspend licenses/practicing
certificates, or suspend operations for a fixed period;
d) Confiscate the exhibits and
instrumentalities used for committing administrative violations;
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2. Directors of Provincial-level
Departments shall have the power to:
a) Issue warning;
b) Impose a fine up to VND
24.000.000 for administrative violations against regulations on population; up
to VND 40.000.000 for administrative violations against regulations on
preventive medicine, HIV/AIDS prevention and control; up to VND 60.000.000 for
administrative violations against regulations on health insurance; and up to
VND 80.000.000 for administrative violations against regulations on medical
examination and treatment, pharmacy, cosmetics, and medical devices;
c) Suspend licenses/practicing
certificates, or suspend operations for a fixed period;
d) Confiscate the exhibits and
instrumentalities used for committing administrative violations;
dd) Impose the remedial measures
specified in Clause 3 Article 3 of this Decree.
3. Directors General of the
following authorities, including the Drug Administration of Vietnam, the
Department of Medical Service Administration, the Vietnam Administration of
Disease Prevention (VADP), the Population Department, the Department for Roads
of Vietnam, Vietnam Maritime and Waterway Administration (VIMAWA), the Civil
Aviation Authority of Vietnam, Vietnam Railway Authority, Vietnam Register, the
Plant Production and Protection Department, the Department of Livestock
Production and Animal Health, the Department of Management and Construction of
Hydraulic Structures, Vietnam Disaster and Dyke Management Authority,
National Authority for Agro-Forestry-Fishery Quality, Processing and Market
Development, the Land Management Department, the Department of Water Resources
Management, the Department of Geology and Mineral Resources of Vietnam, the
Department of Environment, Vietnam Meteorological and Hydrological
Administration, the Nature and Biodiversity Conservation Agency, Vietnam Agency
for Radiation and Nuclear Safety, the Intellectual Property Office of Vietnam,
the Authority of Radio Frequency Management, Vietnam Telecommunications Authority;
Chairman of the Commission for the Standards, Metrology and Quality of Vietnam;
Director General of the Department of Vocational and Continuing Education;
Director General of the Authority of Press; Director General of the Authority
of Broadcasting and Electronic Information; Director General of the Authority
of Publication, Printing and Distribution; and heads of organizations
affiliated to Ministries assigned to perform examination tasks within the scope
of their assigned state management, shall have the power to:
a) Issue warning;
b) Impose a fine up to VND
30.000.000 for administrative violations against regulations on population; up
to VND 50.000.000 for administrative violations against regulations on
preventive medicine, HIV/AIDS prevention and control; up to VND 75.000.000 for
administrative violations against regulations on health insurance; and up to
VND 100.000.000 for administrative violations against regulations on medical
examination and treatment, pharmacy, cosmetics, and medical devices;
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d) Confiscate the exhibits and
instrumentalities used for committing administrative violations;
dd) Impose the remedial measures
specified in Clause 3 Article 3 of this Decree.
4. Heads of examination teams
established by heads of organizations affiliated to Ministries specified in
clause 3 of this Article shall have the power to impose penalties as prescribed
in clause 2 of this Article.
Heads of examination teams
established by the Minister of Health, the Minister of Science and Technology,
the Minister of Culture, Sports and Tourism, the Minister of Education and
Training, the Minister of Construction, or the Minister of Agriculture and
Environment, shall have the power to impose penalties as prescribed in Clause 3
of this Article.
Article 105.
Power to impose penalties of Market Surveillance Forces
1. Market controllers on duty shall
have the power to:
a) Issue warning;
b) Impose a fine up to VND
3.000.000 for administrative violations against regulations on population; up
to VND 5.000.000 for administrative violations against regulations on
preventive medicine, HIV/AIDS prevention and control; and up to VND 10.000.000
for administrative violations against regulations on medical examination and
treatment, pharmacy, cosmetics, and medical devices;
c) Confiscate the exhibits and
instrumentalities worth up to VND 6.000.000 for administrative violations
against regulations on population; up to VND 10.000.000 for administrative
violations against regulations on preventive medicine, HIV/AIDS prevention and
control; and up to VND 20.000.000 for administrative violations against
regulations on medical examination and treatment, pharmacy, cosmetics, and
medical devices.
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a) Issue warning;
b) Impose a fine up to VND
9.000.000 for administrative violations against regulations on population; up
to VND 15.000.000 for administrative violations against regulations on
preventive medicine, HIV/AIDS prevention and control; and up to VND 30.000.000
for administrative violations against regulations on medical examination and
treatment, pharmacy, cosmetics, and medical devices;
c) Confiscate the exhibits and
instrumentalities worth up to VND 18.000.000 for administrative violations
against regulations on population; up to VND 30.000.000 for administrative
violations against regulations on preventive medicine, HIV/AIDS prevention and
control; and up to VND 60.000.000 for administrative violations against
regulations on medical examination and treatment, pharmacy, cosmetics, and
medical devices;
d) Impose the remedial measures
specified in Clause 3 Article 3 of this Decree.
3. Directors of Market Surveillance
Sub-departments, and heads of Market Surveillance Operations Departments affiliated
to the Agency for Domestic Market Surveillance and Development, shall have the
power to:
a) Issue warning;
b) Impose a fine up to VND
15.000.000 for administrative violations against regulations on population; up
to VND 25.000.000 for administrative violations against regulations on
preventive medicine, HIV/AIDS prevention and control; and up to VND 50.000.000
for administrative violations against regulations on medical examination and
treatment, pharmacy, cosmetics, and medical devices;
c) Confiscate the exhibits and
instrumentalities used for committing administrative violations;
d) Suspend licenses/practicing
certificates or suspend operations for a fixed period;
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4. Director General of the Agency
for Domestic Market Surveillance and Development shall have the power to:
a) Issue warning;
b) Impose a fine up to VND
30.000.000 for administrative violations against regulations on population; up
to VND 50.000.000 for administrative violations against regulations on
preventive medicine; and up to VND 100.000.000 for administrative violations
against regulations on medical examination and treatment, pharmacy, cosmetics,
and medical devices;
c) Confiscate the exhibits and instrumentalities
used for committing administrative violations;
d) Suspend licenses/practicing
certificates or suspend operations for a fixed period;
dd) Impose the remedial measures
specified in Clause 3 Article 3 of this Decree.
Article 106.
Power to impose penalties of People’s Public Security Forces
1. Soldiers on duty of People’s
Public Security Forces shall have the power to:
a) Issue warning;
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c) Confiscate the exhibits and
instrumentalities worth up to VND 6.000.000 for administrative violations
against regulations on population; up to VND 10.000.000 for administrative
violations against regulations on preventive medicine, HIV/AIDS prevention and
control; and up to VND 20.000.000 for administrative violations against
regulations on medical examination and treatment, pharmacy, cosmetics, and
medical devices.
2. Heads of Company-level Mobile
Police Units shall have the power to:
a) Issue warning;
b) Impose a fine up to VND
6.000.000 for administrative violations against regulations on population; up
to VND 10.000.000 for administrative violations against regulations on
preventive medicine, HIV/AIDS prevention and control; and up to VND 20.000.000
for administrative violations against regulations on medical examination and
treatment, pharmacy, cosmetics, and medical devices;
c) Confiscate the exhibits and
instrumentalities worth up to VND 12.000.000 for administrative violations
against regulations on population; up to VND 20.000.000 for administrative
violations against regulations on preventive medicine, HIV/AIDS prevention and
control; and up to VND 40.000.000 for administrative violations against
regulations on medical examination and treatment, pharmacy, cosmetics, and
medical devices;
d) Impose the remedial measures
specified in Points c, dd and e Clause 1 Article 28 of the Law on Handling of
Administrative Violations.
3. Heads of Police Posts,
Commanders of Mobile Police Battalions, Heads of Squadrons, Station Heads, and
Team Leaders shall have the power to:
a) Issue warning;
b) Impose a fine up to VND
9.000.000 for administrative violations against regulations on population; up
to VND 15.000.000 for administrative violations against regulations on
preventive medicine, HIV/AIDS prevention and control; up to VND 22.500.000 for
administrative violations against regulations on health insurance; and up to
VND 30.000.000 for administrative violations against regulations on medical
examination and treatment, pharmacy, cosmetics, and medical devices;
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d) Confiscate the exhibits and
instrumentalities worth up to VND 18.000.000 for administrative violations
against regulations on population; up to VND 30.000.000 for administrative
violations against regulations on preventive medicine, HIV/AIDS prevention and
control; up to VND 45.000.000 for administrative violations against regulations
on health insurance; and up to VND 60.000.000 for administrative violations
against regulations on medical examination and treatment, pharmacy, cosmetics,
and medical devices;
dd) Impose the remedial measures
specified in Points c, dd and e Clause 1 Article 28 of the Law on Handling of
Administrative Violations.
4. Commune-level Police Chiefs
shall have the power to:
a) Issue warning;
b) Impose a fine up to VND
15.000.000 for administrative violations against regulations on population; up to
VND 25.000.000 for administrative violations against regulations on preventive
medicine, HIV/AIDS prevention and control; up to VND 37.500.000 for
administrative violations against regulations on health insurance; and up to
VND 50.000.000 for administrative violations against regulations on medical
examination and treatment, pharmacy, cosmetics, and medical devices;
c) Suspend licenses/practicing
certificates, or suspend operations for a fixed period;
d) Confiscate the exhibits and
instrumentalities used for committing administrative violations;
dd) Impose the remedial measures
specified in Clause 3 Article 3 of this Decree.
5. Heads of Police Offices at
International Airports; Heads of professional divisions of the Internal
Political Security Department, including the Health and Education Security
Division, and the Culture, Sports, Labour and Social Affairs Security Division;
Heads of professional divisions of the Police Department for Administrative
Management of Social Order, including the Division for Guidance and Management
of investment and business sectors subject to public order and security
requirements, and seals; Heads of professional divisions of the Traffic Police
Department, including the Division for Guidance on propaganda, investigation, and
settlement of traffic accidents, the Division for Guidance on patrol and
control of road and railway traffic, and the Division for Guidance on patrol,
control, prevention and fight against crimes on waterways, and Fleet
Commanders; Heads of divisions affiliated to provincial-level police
departments, including: Internal Political Security Divisions, Police Divisions
for Administrative Management of Social Order, Traffic Police Divisions,
Economic Security Divisions, Commanders of Regimental-level Mobile Police
Units, Mobile Police Divisions, Police Divisions for Investigation into
Corruption, Economy, Smuggling and Environment-related Crimes, and Chiefs of
Offices of Investigation Police Authorities affiliated to provincial-level
police departments, shall have the power to:
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b) Impose a fine up to VND
24.000.000 for administrative violations against regulations on population; up
to VND 40.000.000 for administrative violations against regulations on
preventive medicine, HIV/AIDS prevention and control; up to VND 60.000.000 for
administrative violations against regulations on health insurance; and up to
VND 80.000.000 for administrative violations against regulations on medical
examination and treatment, pharmacy, cosmetics, and medical devices;
c) Suspend licenses/practicing
certificates, or suspend operations for a fixed period;
d) Confiscate the exhibits and
instrumentalities used for committing administrative violations;
dd) Impose the remedial measures
specified in Clause 3 Article 3 of this Decree.
6. Directors of provincial-level
Police Departments shall have the power to:
a) Issue warning;
b) Impose a fine up to VND
30.000.000 for administrative violations against regulations on population; up
to VND 50.000.000 for administrative violations against regulations on
preventive medicine, HIV/AIDS prevention and control; up to VND 75.000.000 for
administrative violations against regulations on health insurance; and up to
VND 100.000.000 for administrative violations against regulations on medical
examination and treatment, pharmacy, cosmetics, and medical devices;
c) Suspend licenses/practicing
certificates, or suspend operations for a fixed period;
d) Confiscate the exhibits and
instrumentalities used for committing administrative violations;
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7. Directors General of the
Internal Political Security Department, the Economic Security Department, the
Police Department for Administrative Management of Social Order, the Police
Department for Investigation into Corruption, Economy and Smuggling-related
Crimes, the Traffic Police Department, the Environment Crime Prevention and
Fighting Police Department, Commander of the Mobile Police, and Chief of Office
of the Investigation Police Authority affiliated to Ministry of Public
Security, shall have the power to:
a) Issue warning;
b) Impose a fine up to VND
30.000.000 for administrative violations against regulations on population; up
to VND 50.000.000 for administrative violations against regulations on
preventive medicine, HIV/AIDS prevention and control; up to VND 75.000.000 for
administrative violations against regulations on health insurance; and up to
VND 100.000.000 for administrative violations against regulations on medical
examination and treatment, pharmacy, cosmetics, and medical devices;
c) Suspend licenses/practicing
certificates, or suspend operations for a fixed period;
d) Confiscate the exhibits and
instrumentalities used for committing administrative violations;
dd) Impose the remedial measures
specified in Clause 3 Article 3 of this Decree.
Article 107.
Power to impose administrative penalties of Customs Authorities
1. Customs officials on duty shall
have the power to:
a) Issue warning;
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c) Confiscate the exhibits and
instrumentalities worth up to VND 5.000.000 for administrative violations
against regulations on preventive medicine, HIV/AIDS prevention and control; or
up to VND 10.000.000 for administrative violations against regulations on
pharmacy, cosmetics, and medical devices.
2. Heads of Border
Checkpoint/Out-Of-Checkpoint Customs Offices, Customs Procedure Inspection and
Post-Clearance Inspection Teams, Customs Clearance Teams, and Customs Control
Teams under the control of Regional Customs Sub-departments, Heads of
Anti-smuggling Control Teams under the control of the Anti-smuggling
Investigation Sub-department, and Heads of Regional Post-Clearance Inspection
Teams under the control of Post-Clearance Inspection Sub-department, shall have
the power to:
a) Issue warning;
b) Impose a fine up to VND
15.000.000 for administrative violations against regulations on preventive
medicine, HIV/AIDS prevention and control; and up to VND 30.000.000 for administrative
violations against regulations on pharmacy, cosmetics, and medical devices;
c) Confiscate the exhibits and
instrumentalities worth up to VND 30.000.000 for administrative violations
against regulations on preventive medicine, HIV/AIDS prevention and control; or
up to VND 60.000.000 for administrative violations against regulations on
pharmacy, cosmetics, and medical devices;
d) Impose the remedial measures
specified in Clause 3 Article 3 of this Decree.
3. Directors of the Anti-smuggling
Investigation Sub-department, the Post-Clearance Inspection Sub-department, and
Regional Customs Sub-departments, shall have the power to:
a) Issue warning;
b) Impose a fine up to VND
25.000.000 for administrative violations against regulations on preventive medicine,
HIV/AIDS prevention and control; and up to VND 50.000.000 for administrative
violations against regulations on pharmacy, cosmetics, and medical devices;
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d) Suspend licenses/practicing
certificates or suspend operations for a fixed period;
dd) Impose the remedial measures
specified in Clause 3 Article 3 of this Decree.
4. Director General of Department
of Customs of Vietnam shall have the power to:
a) Issue warning;
b) Impose a fine up to VND
50.000.000 for administrative violations against regulations on preventive
medicine, HIV/AIDS prevention and control; and up to VND 100.000.000 for
administrative violations against regulations on pharmacy, cosmetics, and
medical devices;
c) Confiscate the exhibits and
instrumentalities used for committing administrative violations;
d) Suspend licenses/practicing
certificates or suspend operations for a fixed period;
dd) Impose the remedial measures
specified in Clause 3 Article 3 of this Decree.
Article 108.
Power to impose administrative penalties of Border Guard Forces
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a) Issue warning;
b) Impose a fine up to VND
1.500.000 for administrative violations against regulations on population; up
to VND 2.500.000 for administrative violations against regulations on
preventive medicine, HIV/AIDS prevention and control; and up to VND 5.000.000
for administrative violations against regulations on medical examination and
treatment, pharmacy, cosmetics, and medical devices;
c) Confiscate the exhibits and
instrumentalities worth up to VND 3.000.000 for administrative violations
against regulations on population; up to VND 5.000.000 for administrative violations
against regulations on preventive medicine, HIV/AIDS prevention and control;
and up to VND 10.000.000 for administrative violations against regulations on
medical examination and treatment, pharmacy, cosmetics, and medical devices.
2. Station Heads or Team Leaders in
charge of managing soldiers of the Border Guard Forces shall have the power to:
a) Issue warning;
b) Impose a fine up to VND
3.000.000 for administrative violations against regulations on population; up
to VND 5.000.000 for administrative violations against regulations on
preventive medicine, HIV/AIDS prevention and control; and up to VND 10.000.000
for administrative violations against regulations on medical examination and
treatment, pharmacy, cosmetics, and medical devices;
c) Confiscate the exhibits and
instrumentalities worth up to VND 6.000.000 for administrative violations
against regulations on population; up to VND 10.000.000 for administrative
violations against regulations on preventive medicine, HIV/AIDS prevention and
control; and up to VND 20.000.000 for administrative violations against
regulations on medical examination and treatment, pharmacy, cosmetics, and
medical devices;
d) Impose the remedial measures
specified in Points c, dd and e Clause 1 Article 28 of the Law on Handling of
Administrative Violations.
3. Leaders of Task Force Teams for
Drug and Crime Prevention and Control which are put under the control of Task
Force Commissions for Drug and Crime Prevention and Control shall have the
power to:
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b) Impose a fine up to VND
4.500.000 for administrative violations against regulations on population; up
to VND 7.500.000 for administrative violations against regulations on
preventive medicine, HIV/AIDS prevention and control; and up to VND 15.000.000 for
administrative violations against regulations on medical examination and
treatment, pharmacy, cosmetics, and medical devices;
c) Confiscate the exhibits and
instrumentalities worth up to VND 9.000.000 for administrative violations against
regulations on population; up to VND 15.000.000 for administrative violations
against regulations on preventive medicine, HIV/AIDS prevention and control;
and up to VND 30.000.000 for administrative violations against regulations on
medical examination and treatment, pharmacy, cosmetics, and medical devices;
d) Impose the remedial measures
specified in Points c, dd and e Clause 1 Article 28 of the Law on Handling of
Administrative Violations.
4. Heads of Border Guard Posts,
Captains of Naval Border Guard Flotillas, and Commanding Officers of Border
Guard Commands at port border checkpoints shall have the power to:
a) Issue warning;
b) Impose a fine up to VND
9.000.000 for administrative violations against regulations on population; up
to VND 15.000.000 for administrative violations against regulations on
preventive medicine, HIV/AIDS prevention and control; and up to VND 30.000.000
for administrative violations against regulations on medical examination and
treatment, pharmacy, cosmetics, and medical devices;
c) Confiscate the exhibits and
instrumentalities worth up to VND 18.000.000 for administrative violations
against regulations on population; up to VND 30.000.000 for administrative
violations against regulations on preventive medicine, HIV/AIDS prevention and
control; and up to VND 60.000.000 for administrative violations against
regulations on medical examination and treatment, pharmacy, cosmetics, and
medical devices;
d) Impose the remedial measures
specified in Clause 3 Article 3 of this Decree.
5. Heads of Task Force Commissions
for Drug and Crime Prevention and Control which are put under control of the
Drug and Crime Prevention and Control Department affiliated to the Border Guard
High Command shall have the power to:
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b) Impose a fine up to VND
15.000.000 for administrative violations against regulations on population; up
to VND 25.000.000 for administrative violations against regulations on
preventive medicine, HIV/AIDS prevention and control; and up to VND 50.000.000
for administrative violations against regulations on medical examination and
treatment, pharmacy, cosmetics, and medical devices;
c) Suspend licenses/practicing
certificates, or suspend operations for a fixed period;
d) Confiscate the exhibits and
instrumentalities used for committing administrative violations;
dd) Impose the remedial measures
specified in Clause 3 Article 3 of this Decree.
6. Commanding Officers of Border
Guard Commands, Captains of Naval Border Guard Squadrons, and Director General
of the Drug and Crime Prevention and Control Department affiliated to the
Border Guard High Command, shall have the power to:
a) Issue warning;
b) Impose a fine up to VND
30.000.000 for administrative violations against regulations on population; up
to VND 50.000.000 for administrative violations against regulations on
preventive medicine, HIV/AIDS prevention and control; and up to VND 100.000.000
for administrative violations against regulations on medical examination and
treatment, pharmacy, cosmetics, and medical devices;
c) Suspend licenses/practicing
certificates, or suspend operations for a fixed period;
d) Confiscate the exhibits and
instrumentalities used for committing administrative violations;
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Article 109.
Power to impose administrative penalties of Vietnam Coast Guard Forces
1. Police Officers on duty of the
Coast Guard Forces shall have the power to:
a) Issue warning;
b) Impose a fine up to VND
1.500.000 for administrative violations against regulations on population; up
to VND 2.500.000 for administrative violations against regulations on
preventive medicine, HIV/AIDS prevention and control; and up to VND 5.000.000
for administrative violations against regulations on medical examination and
treatment, pharmacy, cosmetics, and medical devices;
c) Confiscate the exhibits and
instrumentalities worth up to VND 3.000.000 for administrative violations
against regulations on population; up to VND 5.000.000 for administrative
violations against regulations on preventive medicine, HIV/AIDS prevention and
control; and up to VND 10.000.000 for administrative violations against
regulations on medical examination and treatment, pharmacy, cosmetics, and
medical devices.
2. Coast Guard Team Leaders shall
have the power to:
a) Issue warning;
b) Impose a fine up to VND
3.000.000 for administrative violations against regulations on population; up
to VND 5.000.000 for administrative violations against regulations on
preventive medicine, HIV/AIDS prevention and control; and up to VND 10.000.000
for administrative violations against regulations on medical examination and
treatment, pharmacy, cosmetics, and medical devices;
c) Confiscate the exhibits and
instrumentalities worth up to VND 6.000.000 for administrative violations
against regulations on population; up to VND 10.000.000 for administrative
violations against regulations on preventive medicine, HIV/AIDS prevention and
control; and up to VND 20.000.000 for administrative violations against regulations
on medical examination and treatment, pharmacy, cosmetics, and medical devices.
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a) Issue warning;
b) Impose a fine up to VND 6.000.000
for administrative violations against regulations on population; up to VND
10.000.000 for administrative violations against regulations on preventive
medicine, HIV/AIDS prevention and control; and up to VND 20.000.000 for
administrative violations against regulations on medical examination and
treatment, pharmacy, cosmetics, and medical devices;
c) Confiscate the exhibits and
instrumentalities worth up to VND 12.000.000 for administrative violations
against regulations on population; up to VND 20.000.000 for administrative
violations against regulations on preventive medicine, HIV/AIDS prevention and
control; and up to VND 40.000.000 for administrative violations against
regulations on medical examination and treatment, pharmacy, cosmetics, and medical
devices;
d) Impose the remedial measures
specified in Points c, dd and e Clause 1 Article 28 of the Law on Handling of
Administrative Violations.
4. Captains of Coast Guard Platoons
shall have the power to:
a) Issue warning;
b) Impose a fine up to VND
9.000.000 for administrative violations against regulations on population; up
to VND 15.000.000 for administrative violations against regulations on
preventive medicine, HIV/AIDS prevention and control; and up to VND 30.000.000
for administrative violations against regulations on medical examination and
treatment, pharmacy, cosmetics, and medical devices;
c) Confiscate the exhibits and
instrumentalities worth up to VND 18.000.000 for administrative violations
against regulations on population; up to VND 30.000.000 for administrative
violations against regulations on preventive medicine, HIV/AIDS prevention and
control; and up to VND 60.000.000 for administrative violations against
regulations on medical examination and treatment, pharmacy, cosmetics, and medical
devices;
d) Impose the remedial measures
mentioned in Points c, d, dd, e, and i Clause 1 Article 28 of the Law on
Handling of Administrative Violations and in Point b Clause 3 Article 3 of this
Decree.
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a) Issue warning;
b) Impose a fine up to VND
15.000.000 for administrative violations against regulations on population; up
to VND 25.000.000 for administrative violations against regulations on
preventive medicine, HIV/AIDS prevention and control; and up to VND 50.000.000
for administrative violations against regulations on medical examination and
treatment, pharmacy, cosmetics, and medical devices;
c) Suspend licenses/practicing
certificates, or suspend operations for a fixed period;
d) Confiscate the exhibits and
instrumentalities used for committing administrative violations;
dd) Impose the remedial measures
mentioned in Points c, d, dd, e, and i Clause 1 Article 28 of the Law on
Handling of Administrative Violations, and Points c, d and dd Clause 1 Article
28 of the Law on Handling of Administrative Violations, and Point b Clause 3
Article 3 of this Decree.
6. Regional Coast Guard Commanders,
Director General of the Department of Operations and Legislation under the
control of Vietnam Coast Guard shall have the power to:
a) Issue warning;
b) Impose a fine up to VND
24.000.000 for administrative violations against regulations on population; up
to VND 40.000.000 for administrative violations against regulations on
preventive medicine, HIV/AIDS prevention and control; and up to VND 80.000.000
for administrative violations against regulations on medical examination and
treatment, pharmacy, cosmetics, and medical devices;
c) Suspend licenses/practicing
certificates for a fixed period;
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dd) Impose the remedial measures
specified in Clause 3 Article 3 of this Decree.
7. Vietnam Coast Guard Commander
shall have the power to:
a) Issue warning;
b) Impose a fine up to VND
30.000.000 for administrative violations against regulations on population; up
to VND 50.000.000 for administrative violations against regulations on
preventive medicine, HIV/AIDS prevention and control; and up to VND 100.000.000
for administrative violations against regulations on medical examination and
treatment, pharmacy, cosmetics, and medical devices;
c) Suspend licenses/practicing
certificates, or suspend operations for a fixed period;
d) Confiscate the exhibits and
instrumentalities used for committing administrative violations;
dd) Impose the remedial measures
specified in Clause 3 Article 3 of this Decree.
Article 110.
Power to impose penalties of Tax Authorities
1. Tax officials on duty shall have
the power to:
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b) Impose a fine up to VND
3.000.000 for administrative violations against regulations on preventive medicine,
HIV/AIDS prevention and control;
c) Confiscate the exhibits and
instrumentalities worth up to VND 6.000.000 for administrative violations
against regulations on preventive medicine, HIV/AIDS prevention and control.
2. Heads of Grassroots-level Tax
Offices shall have the power to:
a) Issue warning;
b) Impose a fine up to VND
15.000.000 for administrative violations against regulations on preventive
medicine, HIV/AIDS prevention and control;
c) Confiscate the exhibits and
instrumentalities worth up to VND 30.000.000 for administrative violations
against regulations on preventive medicine, HIV/AIDS prevention and control;
d) Impose the remedial measures
specified in Points e and i Clause 1 Article 28 of the Law on Handling of
Administrative Violations and Point b Clause 3 Article 3 of this Decree.
3. Directors of Tax
Sub-departments; and Heads of Provincial-level Tax Departments shall have the
power to:
a) Issue warning;
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c) Confiscate the exhibits and
instrumentalities used for committing administrative violations;
d) Impose the remedial measures
specified in Clause 3 Article 3 of this Decree.
4. Director General of the
Department of Taxation shall have the power to:
a) Issue warning;
b) Impose a fine up to VND
50.000.000 for administrative violations against regulations on preventive
medicine, HIV/AIDS prevention and control;
c) Confiscate the exhibits and
instrumentalities used for committing administrative violations;
d) Impose the remedial measures
specified in Clause 3 Article 3 of this Decree.
Article 111.
Power to impose penalties of social security authorities
1. Directors of Provincial Social
Security Offices shall have the power to:
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b) Confiscate the exhibits and
instrumentalities worth up to VND 75.000.000 for administrative violations
against regulations on payment of health insurance contributions;
c) Impose the remedial measures
specified in Clause 3 Article 3 of this Decree.
2. Director of Vietnam Social
Security shall have the power to:
a) Impose a fine up to VND
75.000.000 for administrative violations against regulations on payment of
health insurance contributions, and the violations specified in Articles 83,
84, 85 and 86 of this Decree;
b) Confiscate the exhibits and
instrumentalities of the administrative violations;
c) Impose the remedial measures
specified in Clause 3 Article 3 of this Decree.
Article 112.
Apportionment of powers to impose penalties among title holders having power to
impose penalties for administrative violations in health sector
1. Chairpersons of People’s
Committees at all levels shall have the power to make records of, and impose
administrative penalties and remedial measures against, the administrative
violations specified in Chapter II of this Decree according to their jurisdiction
prescribed in Article 103 of this Decree and within the ambit of their assigned
functions, duties and powers.
2. Heads of authorities performing
state management tasks in the health sector shall have the power to make
records of, and impose administrative penalties and remedial measures against,
the administrative violations specified in Chapter II of this Decree according
to their jurisdiction prescribed in Article 104 of this Decree, and health
sector-related administrative violations according to the equivalent
jurisdiction of title holders as prescribed in other Decrees prescribing
penalties for administrative violations, and within the ambit of their assigned
functions and tasks.
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4. Persons having power to impose
penalties of People’s Public Security Forces shall have the power to make
records of, and impose administrative penalties and remedial measures against,
the administrative violations specified in Articles 7, 10, 11, 12, 13, 14, 15,
16, 18, 21, 23, 24, 25, 26,28, 30, 31, 32, 33, 34, 35, 36, 37, 54, 65, 66, 67,
68, 70, 75, 96, 97, 98,99,100,101; Point a Clause 3 Article 5; Clauses 1,2,4
Article 6; Point a Clause 1, Point a Clause 2, Point g Clause 3 Article 9;
Points a, c Clause 5, Clause 6, Clause 7 Article 38; Point a Clause 7 Article
44; Point a Clause 1 Article 45; Point a Clause 1, Point b Clause 2 Article 48;
Points a, g Clause 2 Article 52; Clause 3 Article 53; Clause 4 Article 55;
Point dd, e Clause 4 Article 56; Point d Clause 5, Clause 7 Article 57; Clause
7 Article 58; Clauses 4, 5, 6, 7, 8 Article 59; Points c, d, dd, e Clause 2,
Point dd Clause 3, Clauses 4, 5, 6, 7 Article 60; Clause 4 Article 61; Clause 5
Article 62; Clause 4 Article 63; Clauses 1, 2, Points a, b Clause 3 Article 64;
Clauses 2, 3 Article 68; Point b Clause 2 Article 69; Point a Clause 2, Points
a, b Clause 3 Article 72; Point e Clause 2, Clause 3 Article 73 and Point b
Clause 2, Point d Clause 3 Article 74 of this Decree, under the scope of their
management, within the ambit of their assigned functions and tasks, and
according to their jurisdiction prescribed in Article 106 of this Decree
5. Persons having power to impose
penalties of Customs Authorities shall have the power to make records of, and
impose administrative penalties and remedial measures against, the
administrative violations specified in Articles 7, 11, 12, 13, 14, 25, 26, 27,
28, 30, 31, 32, 33, 34, 35, 36, 37, 60, 64, 70, 75; Clauses 1 and 2 Article 6;
Point b Clause 1 Article 54; Clauses 6 and 7 Article 58; Clauses 7 and 8
Article 59; Point b Clause 1, Clause 2 Article 65; Points d and dd Clause 2
Article 71; Point a Clause 4 Article 73 and Point b Clause 2 Article 74 of this
Decree, under the scope of their management, within the ambit of their assigned
functions and tasks, and according to their jurisdiction prescribed in Article
107 of this Decree.
6. Persons having power to impose
penalties of Border Guard Forces shall have the power to make records of, and
impose administrative penalties and remedial measures against, the
administrative violations specified in Articles
5, 6, 7, 10, 11, 12, 13, 14, 19, 22, 24, 25, 26, 27, 30, 31, 32, 33, 34, 35,
36, 37, 60, 65, 75, 95, 96, 100, 101; Point b clause 3 Article 8; Point b
clause 3 Article 9; Points a, b clause 2 Article 16; Point g clause 2, Point dd
clause 3 Article 22; clauses 1, 2, 3, Points a, b, c, g clause 4, Point a
clause 5 Article 29; Point b clause 4, Point b clause 5 Article 39; Point b
clause 3 Article 48; Point b clause 3 Article 50; Point b clause 1 Article 52
and clause 1, Point b clause 2, Points a, b clause 3 Article 64 of this Decree,
under the scope of their management, within the ambit of their assigned
functions and tasks, and according to their jurisdiction prescribed in Article
108 of this Decree.
7. Persons having power to impose
penalties of Coast Guard Forces shall have the power to make records of, and
impose administrative penalties and remedial measures against, the
administrative violations specified in Articles 5, 6, 7, 10, 11, 12, 13, 14,
17, 19, 22, 24, 25, 26, 27, 30, 31, 32, 33, 34, 35, 36, 37, 60, 65, 70, 75, 79,
80, 95, 96, 101; point b clause 3 Article 8; point b clause 3 Article 9; points
a and b clause 2 Article 16; point g clause 2, clause 3 Article 22; clauses 1,
2, 3, points a, b, c, g clause 4, point a clause 5 Article 29; clauses 1, 3, 5,
6 and 7 Article 38; point b clause 4 Article 39; clause 4 Article 40; point b
clause 1 Article 45; point b clause 3 Article 50; point b clause 1 Article 52;
clause 1, point b clause 2, points a and b clause 3 Article 64; clause 2
Article 68; clause 1 Article 73; clause 2 Article 78 and point a clause 1,
clause 2 Article 95 of this Decree, under the scope of their management, within
the ambit of their assigned functions and tasks, and according to their
jurisdiction prescribed in Article 109 of this Decree.
8. Persons having power to impose
penalties of Tax Authorities shall have the power to make records of, and
impose administrative penalties and remedial measures against, the
administrative violations specified in Points d, dd, e Clause 4 and Point b
Clause 5 Article 29 of this Decree, under the scope of their management, within
the ambit of their assigned functions and tasks, and according to their
jurisdiction prescribed in Article 110 of this Decree.
9. Persons having power to impose
penalties of social security authorities shall have the power to make records
of, and impose administrative penalties and remedial measures against, the
administrative violations against regulations on payment of health insurance
contributions specified in Articles 83, 84, 85 and 86 of this Decree, under the
scope of their management, within the ambit of their assigned functions and
tasks, and according to their jurisdiction prescribed in Article 111 of this
Decree.
10. Persons having power to impose
penalties of authorities performing state management tasks in the field of
science and technology shall have the power to make records of, and impose
administrative penalties and remedial measures against, the administrative
violations specified in Articles 5, 6, 18, 19, 23, 25, 26, 30, 32, 33, 34, 36,
37,49, 50, 51, 67, 77, 95, 96; Clause 2 Article 14; Clauses 1, 2, 3, Points a,
b, c, e, g Clause 4, Point a Clause 5 Article 29; Clause 3 Article 31 and Point
b Clause 2 Article 35 of this Decree, under the scope of their management,
within the ambit of their assigned functions and tasks, and according to their
jurisdiction prescribed in Article 104 of this Decree.
11. Persons having power to impose
penalties of authorities performing state management tasks in the field of
culture, sports and tourism shall have the power to make records of, and impose
administrative penalties and remedial measures against, the administrative
violations specified in Articles 5, 19, 25, 26, 30, 31, 32, 33, 34, 36, 37, 49, 50, 51, 67, 77, 95, 96; Points b and c
Clause 3 Article 12; Clause 2 Article 14; Clauses 1,2, 3, Points a, b, c, e, g
Clause 4, Point a Clause 5 Article 29, and Point b Clause 2 Article 35 of this
Decree, under the scope of their management, within the ambit of their assigned
functions and tasks, and according to their jurisdiction prescribed in Article
104 of this Decree.
12. Persons having power to impose
penalties of authorities performing state management tasks in the fields of
education and construction shall have the power to make records of, and impose
administrative penalties and remedial measures against, the administrative
violations specified in Articles 5, 6, 18, 19, 23, 25, 26, 30, 31, 32, 33, 34,
36, 37; Clause 2 Article 14 and Clauses 1, 2, 3, Points a, b, c, e Clause 4,
Point a Clause 5 Article 29 of this Decree, under the scope of their
management, within the ambit of their assigned functions and tasks, and
according to their jurisdiction prescribed in Article 104 of this Decree.
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Article 113.
Power to make records of administrative violations
The following persons shall have
the power to make records of administrative violations:
1. The persons having the power to impose administrative penalties mentioned in
Articles 103, 104, 105, 106, 107, 108, 109, 110 and 111 of this Decree who
shall have the power to make records of the administrative violations under the
scope of their official duties, and within the ambit of their assigned
functions and tasks.
2. Civil servants and public
employees working in health and social insurance sectors, civil servants,
public employees, and persons working under the control of People’s Armed
Forces or People’s Public Security Forces, and civil servants, public employees
working at the authorities specified in Article 112 of this Decree, who are
performing their duties within the ambit of their assigned functions and tasks.
Article 114.
Use of technical and professional means and equipment for detecting violations
1. Authorities and persons having
the power to impose penalties are entitled to use technical and professional
means and equipment for detecting the administrative violations specified in
Articles 24, 26, 30, 31, 32, 33, 34, 35, 36 and 37 of this Decree.
2. Management, use, and list of
technical and professional means and equipment used for detecting violations
shall comply with regulations of law.
Chapter IV
IMPLEMENTATION
Article 115.
Effect
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2. The following regulations shall
cease to have effect from the effective date of this Decree:
a) The Government’s Decree No.
117/2020/ND-CP dated September 28, 2020;
b) Article 2 and clause 1 Article 3
of the Government’s Decree No. 124/2021/ND-CP dated December 28, 2021;
c) Article 2 of the Government’s
Decree No. 371/2025/ND-CP dated December 31, 2025.
Article 116.
Transition
1. Administrative violations in
health sector which have been committed and terminated before the effective date
of this Decree, but have been detected or are put under consideration or
resolution when this Decree takes effect, shall be handled in accordance with
provisions of the relevant Government’s Decrees prescribing penalties for
administrative violations and legislative documents in force at the time of
commission of the violation.
2. Administrative violations in
health sector which have been committed before the effective date of this Decree
but are still ongoing when this Decree takes effect shall be handled in
accordance with provisions of this Decree.
3. Any complaint filed by the
violating entity subject to a penalty imposition decision which has been issued
or fully executed before the effective date of this Decree shall be considered
and settled in accordance with provisions of the Law on Handling of
Administrative Violations, the relevant Government’s Decrees prescribing
penalties for administrative violations, and legislative documents in force at
the time of issuance of such decision.
Article 117.
Responsibility for guidance and implementation
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2. Ministers, heads of ministerial
agencies, heads of Governmental agencies, Chairpersons of People’s Committees
at all levels, and relevant authorities, organizations and individuals shall be
responsible for the implementation of this Decree.
ON
BEHALF OF THE GOVERNMENT
PP. THE PRIME MINISTER
DEPUTY PRIME MINISTER
Le Thanh Long