SOME PROBLEMS ABOUT PENALTIES FOR NOT DECLARING HEALTH OR FRAUD DECLARATION FOR PEOPLE BACK FROM DISEASE AREA
Previously, with Vietnam's guaranteed epidemic prevention and control capacity, there was no sanction for cases returning from epidemic areas without medical declaration / making false declarations, affecting the health and safety of Vietnam. community health and economic and social activities. However, while the epidemic situation is complicated, many individuals are not aware of the consequences of not making medical declarations / making false declarations when returning from epidemic areas to themselves and to society. Through the past 4 outbreaks of SARS-CoV-2 in Vietnam, many outbreaks have been recorded due to the unconsciousness of these individuals, such as in Hanoi, Hai Duong, Da Nang or Ho Chi Minh City. The main reason is that the source of COVID-19 disease cannot be found in the community, people are subjective about the disease, many individuals and organizations do not declare or hide their disease and that of their acquaintances. Some infected individuals even deliberately turned off their phones, refused to receive calls, blocked the number of the Ministry of Health, causing difficulties for state agencies in the process of finding outbreaks and preventing epidemics.
To deal with that situation, the Prime Minister issued Decree No. 117/2020 / ND-CP dated September 28, 2020 providing for penalties for administrative violations in the health sector. Accordingly, for those who fail to declare their illnesses, make false declarations, conceal travel schedules, and affect the tracking process, they may be subject to an administrative fine of between VND 10 and 20 million according to the provisions of law. law. specified in Article 3, Clause 7 of Decree No.117/2020 /ND-CP
In cases where individuals and organizations fail to declare or conceal their illnesses and those of their relatives to cause serious consequences, causing outbreaks to become epidemics in the locality, they may be criminally prosecuted. Specifically, according to Article 240 of the Criminal Code 2015 regulating on Spreading dangerous infectious diseases in human:
1. A person who commits any of the following acts that spread dangerous infectious diseases in human shall be liable to a fine of from VND 50,000,000 to VND 200,000,000 or face a penalty of 01 - 05 years' imprisonment:
a) Bringing or allowing another entity to bring animals, plants or products thereof or other items that are likely to transmit dangerous infectious diseases in human out of the epidemic zone, unless otherwise prescribed by law;
b) Bringing or allowing another entity to bring animals, plants or products thereof or other products that are infected or carry dangerous pathogens that are likely to be transmitted to human into Vietnam’s territory;
c) Other acts that spread dangerous infections in human.
2. This offence committed in any of the following cases shall carry a penalty of 05 - 10 years' imprisonment:
a) The offence results in a declaration of an epidemic by the President of the People’s Committee of a province or the Minister of Health;
b) The offence results in the death of a person.
3. This offence committed in any of the following cases shall carry a penalty of 10 - 12 years' imprisonment:
a) The offence results in a declaration of an epidemic by the Prime Minister;
b) The offence results in the death of 02 or more people.
4. The offender might also be liable to a fine of from VND 20,000,000 to VND 100,000,000, prohibited from holding certain positions or doing certain works for 01 - 05 years.”
On the other hand, pursuant to the provisions of Article 8 of the The Law on Prevention and Control of Infectious Diseases 2007, the act of "Concealing and failing to report or reporting not in a timely manner cases of contracting infectious diseases in accordance with law" is a criminal act. conduct prohibited acts. Therefore, acts of avoiding epidemic prevention measures will be handled. Depending on the nature and extent, the violator may be administratively or criminally sanctioned.
In addition, people who have not yet been identified as COVID-19 patient but are living in an area where a decision to isolate or blockade has been made, but perform one of the following acts:
- Escape from an isolated/ quarantined area;
- Failure to comply with regulations on isolation;
- Refusing or evading the application of quarantine or enforcement measures;
- Failure to make a medical report, give incomplete or false declaration, causing damage of VND 100 million or more due to the cost of epidemic prevention and control, shall suffer from penalties for violation of regulations on safety of society as prescribed in Article 295.
