Decree No. 69/2011/NĐ-CP on administrative sanctions for violations related to preventive healthcare, medical environment, and HIV/AIDS prevention and control.

DECREE

Regulations on administrative penalties for preventive healthcare, medical environment, and HIV/AIDS prevention and control.

_______________________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Law on Prevention and Control of Human Immunodeficiency Virus (HIV/AIDS) Infection dated June 29, 2006;

Based on the Law on Prevention and Control of Infectious Diseases dated November 21, 2007;

The Prime Minister issues this Decision amending and supplementing certain provisions of the Regulation on Response Activities to Oil Spill Incidents issued together with Decision No. 02/2013/QĐ-TTg dated January 14, 2013 of the Prime Minister.

Based on the Labor Code dated March 26, 1994, the Law Amending and Supplementing Certain Provisions of the Labor Code dated April 2, 2002, and the Law Amending and Supplementing Certain Provisions of the Labor Code dated April 2, 2007;

Based on the Administrative Violation Handling Ordinance dated July 2, 2002;

The Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations dated April 2, 2008;

Based on Decree No. 128/2008/NĐ-CP dated December 16, 2008 detailing the implementation of certain provisions of the Ordinance on Handling Administrative Violations in 2002 and the Ordinance Amending and Supplementing Certain Provisions of the Handling of Administrative Violations in 2008;

Considering the proposal of the Minister of Health,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree stipulates regulations on administrative penalties for preventive healthcare, medical environment, and HIV/AIDS prevention and control.

2. This Decree applies to individuals, agencies, and organizations related to administrative penalties for preventive healthcare, medical environment, and HIV/AIDS prevention and control.

Administrative penalties shall not be applied to violations of this Decree committed by civil servants, public officials, and employees while performing their official duties or tasks assigned. The handling of such violations by these entities shall be carried out in accordance with the laws on civil servants, public officials, and employees.

3. For other administrative violations concerning preventive healthcare, medical environment, and HIV/AIDS prevention and control that are not specified in this Decree, the relevant provisions of other government decrees on administrative penalties in related areas of state management shall apply.

Article 2. Forms of administrative penalties and measures to remedy consequences

1. Principal forms of administrative penalty:

Individuals and organizations violating administrative regulations on preventive healthcare, medical environment, and HIV/AIDS prevention and control must bear one of the following forms of administrative penalty:

a) Warning;

b) Fine: the maximum fine for administrative penalties regarding preventive healthcare, medical environment, and HIV/AIDS prevention and control is forty million dong.

2. Additional forms of punishment:

a) Revocation of license or practice certificate.

The licenses or practice certificates referred to in this clause do not include business registration certificates, investment certificates, and types of certificates attached to the identity of the holder without the purpose of allowing practice.

b) Confiscation of objects and means used to violate laws on preventive healthcare, medical environment, and HIV/AIDS prevention and control.

3. Measures to remedy consequences:

a) Compel to apologize or correct information on mass media or directly apologize to the person subjected to discrimination;

b) Compel to return money collected in violation of the law;

c) Compel to conduct testing for infectious diseases belonging to Group A;

d) Compel to accept patients with infectious diseases belonging to Group A, HIV-infected persons;

đ) Compel to implement quarantine, compulsory quarantine, and medical treatment;

e) Compel to carry out sanitation, disinfection, sterilization, and decontamination in epidemic areas;

g) Compel to remediate environmental pollution caused by administrative violations;

h) Compel to destroy animals, plants, and other intermediate hosts of infectious diseases belonging to Group A;

i) Compel to destroy food products, non-compliant products; diagnostic reagents that have expired;

k) Compel to accept and perform burial or cremation;

l) Compel to restore the position of employment.

Article 3. Apply the provisions of the law on administrative offenses penalties

1. Principles for imposing penalties; handling administrative offenses committed by minors; mitigating or aggravating circumstances; statute of limitations and penalty deadlines; period considered as not yet penalized; calculation of deadlines and statutes of limitation; application of forms of administrative offense penalties and measures to remedy consequences; recording administrative violations; issuing decisions on administrative penalties; procedures for fines, collection of fines; procedures for confiscation and handling of evidence and means of administrative violations; enforcement of administrative penalty decisions, suspension of execution of fine decisions, compulsory enforcement of administrative penalty decisions, and transferring administrative penalty decisions to preventive health, health environment, and HIV/AIDS prevention and control for enforcement shall be carried out in accordance with the law on handling administrative violations.

2. The format of the record and decision used in administrative penalties related to preventive health, health environment, and HIV/AIDS prevention and control shall be implemented according to the annex issued together with this Decree.

Chapter II

ADMINISTRATIVE VIOLATIONS REGARDING PREVENTIVE HEALTH, HEALTH ENVIRONMENT AND HIV/AIDS PREVENTION AND CONTROL, FORMS AND AMOUNTS OF PENALTIES

Section 1

ADMINISTRATIVE VIOLATIONS REGARDING PREVENTIVE HEALTH, FORMS AND AMOUNTS OF PENALTIES

Article 4. Violations of regulations on information dissemination and education in disease prevention and control

1. Imposing a fine for failing to organize biennially the dissemination and promotion of disease prevention and control information as prescribed by law for workers under their management, with the following levels:

a) A fine from VND 500,000 to VND 1,000,000 for establishments employing less than 50 people;

b) A fine from VND 1,000,000 to VND 3,000,000 for establishments employing between 50 and less than 200 people;

c) A fine from VND 3,000,000 to VND 5,000,000 for establishments employing between 200 and less than 500 people;

d) A fine from VND 5,000,000 to VND 10,000,000 for establishments employing between 500 and less than 1,000 people;

đ) A fine from VND 10,000,000 to VND 15,000,000 for establishments employing between 1,000 and less than 1,500 people;

e) A fine from VND 15,000,000 to VND 20,000,000 for establishments employing between 1,500 and less than 2,500 people;

g) A fine from VND 20,000,000 to VND 25,000,000 for establishments employing 2,500 people or more.

2. Imposing a fine from VND 1,000,000 to VND 3,000,000 for failing to organize teaching about disease prevention and control for students, trainees, and learners according to the approved curriculum by competent state authorities.

3. Imposing a fine from VND 3,000,000 to VND 5,000,000 for providing or disseminating false information about disease statistics and epidemic situations compared to the official statistics and epidemic situations announced by authorized state health management agencies.

4. A fine of VND 10,000,000 to VND 15,000,000 for one of the following acts:

a) Announcing false information about disease statistics and epidemic situations beyond authority;

b) Illegally collecting money for information dissemination, education, and communication programs on disease prevention and control through mass media, except when there is a separate contract with a program or project or funded by domestic or foreign organizations or individuals.

5. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed on one of the following acts:

a) Not implementing or implementing incorrectly the regulations on timing, duration, and location of publishing information on disease prevention and control as prescribed by law;

b) Exploiting information dissemination, education, and communication activities on disease prevention and control to incite harm to national security, political stability, social order and safety, cultural traditions, ethnic unity, and societal morals.

6. Measures to remedy consequences:

a) Ordering an apology and correction on mass media in the area continuously for three days for the violation stipulated in Clause 3 of this Article;

b) Ordering the return of illegally collected funds as stipulated in point b, Clause 4 of this Article.

Article 5. Violations of regulations on monitoring infectious diseases

1. Warning or a fine from VND 200,000 to VND 500,000 for the act of not reporting when discovering a person infected with an infectious disease under Group A.

2. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on one of the following acts:

a) Concealing the status of an infectious disease under Group A of oneself or of a person infected with an infectious disease under Group A;

b) Not conducting tests to detect an infectious disease under Group A as required by competent state agencies.

3. Measures to remedy consequences: compelling the performance of tests to detect an infectious disease under Group A for the acts stipulated in point b, Clause 2 of this Article.

Article 6. Violations of biological safety regulations at testing laboratories

||| 1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for any of the following acts:

a) Failing to ensure biological safety conditions after being issued a certificate of compliance with Level 1 biosafety standards;

b) Conducting tests beyond the scope of expertise specified in the certificate of compliance with biosafety standards;

c) Not establishing and implementing self-inspection regulations on biological safety;

d) Not complying with regulations on testing procedures, sample collection, transportation, storage, retention, use, research, exchange, or disposal related to pathogens causing infectious diseases under Group C;

đ) Not having appropriate educational certificates or training certificates in biosafety for the head and staff of a Level 1 biosafety laboratory;

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Failing to ensure biological safety conditions after being issued a certificate of compliance with Level 2 biosafety standards;

b) Not developing a prevention and response plan for biosafety incidents after being issued a certificate of compliance with biosafety standards;

c) Not training staff of testing facilities on measures to address biosafety incidents;

d) Not providing sufficient personal protective equipment for personnel working in biosafety laboratories;

đ) Not having appropriate educational certificates or training certificates in biosafety from Level 2 and above for the head and staff of a Level 2 biosafety laboratory;

||| 3. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed for any of the following acts:

a) Conducting tests to detect pathogens causing infectious diseases under Groups B and C as specified in point b and point c, Clause 1, Article 3 of the Law on Prevention and Control of Infectious Diseases (hereinafter referred to as infectious diseases under Groups B and C) without obtaining a certificate of compliance with biosafety standards from competent health authorities;

b) Not complying with regulations on testing procedures, sample collection, transportation, storage, retention, use, research, exchange, and disposal related to pathogens causing infectious diseases under Group B;

c) Not having appropriate educational certificates or training certificates in biosafety from Level 3 and 4 and above for the head and staff of a Level 3 and 4 biosafety laboratory;

4. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts:

a) Failing to ensure biological safety conditions after being issued a certificate of compliance with Level 3 or Level 4 biosafety standards;

b) Conducting tests to detect pathogens causing infectious diseases under Group A without obtaining a certificate of compliance with biosafety standards from competent health authorities;

c) Not complying with regulations on testing procedures, sample collection, transportation, storage, retention, use, research, exchange, and disposal related to pathogens causing infectious diseases under Group A;

5. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on any of the following acts:

a) Not organizing annual drills to address biosafety incidents for Level 3 and 4 biosafety laboratories;

b) Not reporting biosafety incidents and measures taken to address and rectify them to the Provincial Department of Health (hereinafter referred to as the province) for serious biosafety incidents;

6. Additional forms of punishment:

a) Revoking the right to use the business operation permit for a period of six months for the acts stipulated in point a, Clause 1, point a, Clause 2, point a, Clause 3, points a and b, Clause 4 of this Article;

b) Revoking the right to use the professional practice certificate for a period of six months for the acts stipulated in point đ, Clause 1, point đ, Clause 2, points b and c, Clause 3, and points b and c, Clause 4 of this Article.

Article 7. Violations of regulations on the use of vaccines and medical products

1. Warning or a fine from VND 50,000 to VND 200,000 for intentionally failing to implement or obstructing the mandatory use of vaccines and medical products for infectious diseases under the expanded immunization program.

2. A fine from VND 500,000 to VND 1,000,000 for failing to implement the mandatory use of vaccines and medical products in areas at risk of infectious disease outbreaks or when traveling to such areas as required by competent authorities.

3. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed for any of the following acts:

a) Failing to comply with regulations on receiving and distributing vaccines and medical products;

b) Failing to report and maintain records of vaccine and medical product usage according to the Minister of Health's regulations;

4. A fine from VND 15,000,000 to VND 25,000,000 for any of the following acts:

a) Using vaccines and medical products at facilities that do not meet the conditions stipulated by the Minister of Health;

b) Failing to comply with regulations on transporting and storing vaccines and medical products;

c) Failing to follow safe vaccination procedures as prescribed by the Minister of Health;

d) Selling vaccines and medical products from the expanded immunization program to the market.

5. Additional forms of punishment:

a) Revoking the right to use the professional practice certificate for six months for the act specified in point b and c, Clause 4 of this Article;

b) Compelling the return of funds collected in violation of the law for the act specified in point d, Clause 4 of this Article.

Article 8. Violations of regulations on preventing the spread of infectious diseases at healthcare facilities

1. Warning or a fine of VND 50,000 to VND 200,000 for one of the following acts:

a) Failing to report or reporting inaccurately and promptly the progression of the disease to doctors and healthcare staff assigned the task;

b) Failing to comply with instructions and guidelines for preventing the spread of infectious diseases issued by doctors, healthcare staff, and internal rules and regulations of the healthcare facility;

c) Failing to register for health monitoring with the commune health station upon leaving the healthcare facility for individuals with Category A infectious diseases.

2. A fine from VND 500,000 to VND 2,000,000 for any of the following acts:

a) Failing to ensure protective clothing and personal hygiene conditions for doctors, healthcare staff, patients, and patient relatives;

b) Failing to notify the preventive healthcare agency in the area about individuals with infectious diseases being treated at their healthcare facility;

c) Failing to advise patients and their relatives on measures to prevent and control infectious diseases;

d) Disclosing personal information related to patients;

đ) Failing to monitor the health of doctors and healthcare staff directly involved in caring for and treating individuals with Category A infectious diseases.

3. A fine from VND 2,000,000 to VND 5,000,000 for failing to implement decontamination and disinfection measures for waste, clothing, utensils, surrounding environment, and transportation means of individuals with Category B and C infectious diseases.

4. A fine from VND 10,000,000 to VND 15,000,000 for failing to implement decontamination and disinfection measures for waste, clothing, utensils, surrounding environment, and transportation means of individuals with Category A infectious diseases.

5. A fine from VND 20,000,000 to VND 25,000,000 for any of the following acts:

a) Refusing to admit individuals with Category A infectious diseases to healthcare facilities;

b) Failing to implement measures to prevent the spread of infectious diseases for individuals with Category A infectious diseases.

6. Measures to remedy consequences:

a) Compelling organizations to implement decontamination and disinfection measures for waste, clothing, utensils, surrounding environment, and transportation means of patients for the acts specified in Clause 3 and Clause 4 of this Article;

b) Compelling the admission of individuals with Category A infectious diseases for the act specified in point a, Clause 5 of this Article;

c) Compelling the implementation of measures to prevent the spread of infectious diseases for the act specified in point b, Clause 5 of this Article.

Article 9. Violations of regulations on medical quarantine and compulsory medical quarantine

1. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed for any of the following acts:

a) Not organizing the implementation of medical quarantine or compulsory medical quarantine for cases that must undergo medical quarantine according to the provisions of the law, except as provided for in point a, Clause 2 of this Article;

b) Refusing or evading the application of medical quarantine measures or compulsory medical quarantine measures by competent authorities, except as provided for in point b, Clause 2 of this Article;

c) Not compiling lists and monitoring the health of individuals who have come into contact with persons subject to medical quarantine or compulsory medical quarantine according to the provisions of the law;

d) Implementing medical quarantine or compulsory medical quarantine at locations that do not meet the conditions for implementing medical quarantine or compulsory medical quarantine as prescribed by the Minister of Health.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Not organizing the implementation of quarantine for individuals infected with infectious diseases classified as Group A;

b) Refusing or evading the application of decisions on medical quarantine or compulsory medical quarantine by competent authorities for individuals infected with infectious diseases classified as Group A, or for individuals subject to border health quarantine who are infected with or carry pathogens of infectious diseases classified as Group A.

3. Measures to address consequences: Compel the implementation of medical quarantine or compulsory medical quarantine for violations stipulated in points a and b, Clause 1 and Clause 2 of this Article.

Article 10. Violations of regulations on the application of epidemic control measures

1. Warning or imposing a fine from VND 500,000 to VND 1,000,000 for any of the following acts:

a) Concealing one's own or another person's disease status when suffering from an infectious disease declared to be an epidemic;

b) Not reporting to the People's Committee and preventive healthcare agencies within the area about cases of epidemic diseases as required by laws on prevention and control of infectious diseases;

c) Not implementing personal protective measures for individuals participating in epidemic control and those at risk of contracting epidemic diseases as directed by healthcare agencies;

d) Not implementing or refusing to implement hygiene, disinfection, and decontamination measures in epidemic areas.

2. Imposing a fine from VND 2,000,000 to VND 5,000,000 for any of the following acts:

a) Not participating in epidemic control as mobilized by the Epidemic Control Steering Committee;

b) Charging fees for examination and treatment for cases of infectious diseases classified as Group A;

c) Not implementing decisions to destroy animals, plants, and other items that serve as vectors for transmitting diseases, except as provided for in point c, Clause 4 of this Article.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following acts:

a) Not implementing decisions to apply temporary suspension of operations of public food service establishments that pose a risk of spreading epidemics in epidemic areas;

b) Not implementing decisions to apply bans on trading or using types of food that serve as vectors for transmitting diseases;

c) Not implementing decisions to apply restrictions on gatherings of large numbers of people or suspensions of business and service activities in public places.

4. A fine of VND 10,000,000 to VND 15,000,000 for one of the following acts:

a) Not implementing decisions to conduct inspections, supervision, and pre-epidemic medical processing before entering or leaving epidemic areas classified as Group A;

b) Removing items, animals, plants, food, and other goods that can spread epidemics out of epidemic areas classified as Group A;

c) Not implementing decisions to destroy animals, plants, and other items that serve as vectors for transmitting diseases classified as Group A.

5. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed on one of the following acts:

a) Not implementing requirements for inspection and pre-epidemic medical processing of transport vehicles before leaving epidemic areas in emergency situations;

b) Not implementing decisions to prohibit gatherings of large numbers of people in areas where emergency epidemic situations have been declared;

c) Bringing individuals and vehicles without designated tasks into epidemic zones in areas where emergency epidemic situations have been declared;

d) Not implementing decisions to destroy animals, food, and other items that pose a risk of spreading epidemics to humans in areas where emergency epidemic situations have been declared.

6. Measures to remedy consequences:

a) Compel the implementation of hygiene, disinfection, and decontamination measures in epidemic areas for the act stipulated in point d, Clause 1 of this Article;

b) Compel the return of improperly collected funds for the act stipulated in point b, Clause 2 of this Article;

c) Compel the destruction of animals, plants, and other items that serve as vectors for transmitting diseases classified as Group A for the acts stipulated in point c, Clause 4 and point d, Clause 5 of this Article.

Article 11. Violations of regulations on border health quarantine

1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed for failing to declare health quarantine at the border as prescribed.

2. Imposing a fine from VND 2,000,000 to VND 5,000,000 for any of the following acts:

a) Refusing medical examination, not complying with the instructions for actual inspection given by health quarantine officers for persons subject to health quarantine;

b) Not signaling for health quarantine as prescribed for the owners of inland waterway transport means upon entry;

c) Not implementing measures to control rats and other disease vectors on transport means when they are parked or anchored overnight or for more than 24 hours in border areas or quarantine zones.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following acts:

a) Altering, erasing, or forging health quarantine certificates;

b) Using certificates for inspection or exemption from hygiene inspection of ships contrary to the provisions of the Minister of Health;

c) Transporting corpses, bones, ashes, special products such as biological preparations, bacteria, human tissues, blood, and blood components through a border checkpoint without being inspected and certified by a health quarantine organization;

d) Concealing or removing the need for health quarantine.

4. A fine from VND 15,000,000 to VND 25,000,000 for any of the following acts:

a) Failing to implement isolation or medical treatment for transport means carrying infectious agents belonging to Group A;

b) Providing or supplying food that does not meet food safety standards, has no origin, or unclear origin, or has exceeded its expiration date in border areas, on outbound or inbound transport means, or transit transport means.

5. The handling of administrative violations concerning the following acts shall be carried out in accordance with the Government's Decree No. 117/2009/NĐ-CP dated December 31, 2009, on handling violations of laws in the field of environmental protection:

a) Exporting, importing, or transiting used objects or used means of transport without declaring to the health quarantine organization or without a health quarantine certificate issued by the health quarantine organization;

b) Dumping waste in unauthorized places upon entry, exit, or transit;

c) Discharging ballast water in violation of the law, or discarding infectious waste and harmful substances before the health quarantine organization implements medical measures.

6. Measures to remedy consequences:

a) Compelling the application of medical isolation, forced isolation, or medical treatment for individuals, transport means, or goods carrying infectious agents belonging to Group A as stipulated in point a, Clause 4, Article 11 herein;

b) Compelling the destruction of food as stipulated in point b, Clause 4, Article 11 herein;

c) Compelling the restoration of the original condition altered due to the acts stipulated in points b and c, Clause 5, Article 11 herein.

Article 12. Violations of other preventive healthcare regulations

A fine of from VND 500,000 to VND 2,000,000 shall be imposed for allowing or facilitating patients with infectious diseases to perform actions likely to spread infectious diseases.

Section 2

ADMINISTRATIVE VIOLATIONS CONCERNING ENVIRONMENTAL HEALTH, FORMS AND AMOUNTS OF FINES

Article 13. Violations of regulations on water and air hygiene

1. Warning or a fine of from VND 50,000 to VND 500,000 shall be imposed for discharging garbage, domestic waste, human and livestock excreta with a volume of less than 1 cubic meter per day-night into water sources for drinking and daily use and public areas.³/per day and night polluting water sources for consumption, daily activities, and public areas.

2. A fine of from VND 500,000 to VND 1,000,000 shall be imposed for discharging garbage, domestic waste, human and livestock excreta with a volume of 1 cubic meter per day-night or more into water sources for drinking and daily use and public areas.³/per day and night or more polluting water sources for consumption, daily activities, and public areas.

3. A fine of from VND 1,000,000 to VND 5,000,000 shall be imposed on organizations and individuals providing drinking and daily-use water with a capacity of less than 1,000 cubic meters per day-night for violating any of the following acts:³/per day and night when violating any of the following acts:

a) Failing to comply with the regulations on monitoring the quality of drinking and daily-use water as prescribed by the Minister of Health;

b) Failing to comply with legal regulations on environmental protection related to the protection of water sources when extracting water for production of drinking and daily-use water;

c) Providing drinking and daily-use water that does not meet the national technical standards on the quality of drinking and daily-use water.

4. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for failing to comply with national technical standards on air circulation in construction projects.

5. A fine of from VND 20,000,000 to VND 25,000,000 shall be imposed for providing drinking and daily-use water with a capacity of 1,000 cubic meters per day-night or more for violating any of the acts prescribed in Clause 3 of this Article.³/per day and night or more when violating any of the acts prescribed in Clause 3 of this Article.

6. The handling of administrative violations concerning the discharge of wastewater, gas, and dust shall be carried out in accordance with the Government's Decree No. 117/2009/NĐ-CP dated December 31, 2009, on handling violations of laws in the field of environmental protection.

7. Remedial measures: compelling the implementation of remedial measures to restore the environmental pollution caused by administrative violations as stipulated in Clause 1 and Clause 2 of this Article.

Article 14. Violations of regulations on burial and cremation

1. Warning or imposing a fine from VND 500,000 to VND 1,000,000 for any of the following acts:

a) Failure to comply with or incomplete compliance with legal provisions regarding hygiene in embalming, coffining, transporting, and preserving the remains of deceased persons due to ordinary causes;

b) Failure to use personal protective equipment during the process of burial and cremation;

c) Lack of records documenting information related to funeral services conducted at funeral homes or crematoriums.

2. Imposing a fine from VND 2,000,000 to VND 5,000,000 for any of the following acts:

a) Funeral homes or crematoriums failing to ensure hygiene conditions as prescribed by law;

b) Using land for other purposes before twelve months from the date of exhumation, except in cases stipulated in point a, Clause 5, Article 14 of this Law;

c) Violating environmental hygiene regulations in organizing funerals;

d) Violating regulations on the timing of exhumation.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following acts:

a) Failure to comply with or incomplete compliance with legal provisions regarding hygiene in embalming, coffining, transporting, and preserving the remains of deceased persons who died from infectious diseases classified under Group A and certain infectious diseases classified under Group B (as listed in the mandatory isolation list according to the Minister of Health's regulations);

b) Failure to properly dispose of the remains of deceased persons who died from infectious diseases classified under Group A and certain infectious diseases classified under Group B (as listed in the mandatory isolation list according to the Minister of Health's regulations);

c) Non-compliance with the Minister of Health's regulations on collective burials.

4. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on one of the following acts:

a) Non-compliance with regulations on handling remains, bones, and surrounding environments when moving remains and bones during cemetery relocation without sufficient time for exhumation as prescribed by the Minister of Health;

b) Using land that has been used as a cemetery before the specified period without conducting an assessment of environmental pollution levels and formulating appropriate environmental sanitation plans based on those levels.

5. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts:

a) Using land that has been used as a cemetery before the prescribed period for the following purposes: underground water extraction for daily use, food consumption, and food processing; construction of public facilities such as tourist areas, entertainment zones, kindergartens, schools, and health resorts without conducting an assessment of environmental pollution levels and formulating appropriate environmental sanitation plans based on those levels;

b) Using cremation technology that does not meet requirements for waste treatment.

Article 15. Violations of labor hygiene regulations

1. Imposing fines for failure to conduct pre-employment health examinations or failure to arrange employment based on health standards for each industry, profession, or type of work, with the following penalties:

a) A fine of VND 500,000 to VND 2,000,000 for violations involving fewer than twenty workers;

b) A fine of VND 2,000,000 to VND 5,000,000 for violations involving twenty to less than one hundred workers;

c) A fine of VND 5,000,000 to VND 10,000,000 for violations involving one hundred to less than five hundred workers;

d) A fine of VND 10,000,000 to VND 15,000,000 for violations involving five hundred or more workers.

2. In addition to penalizing violations of laws as stipulated in Clause 1 of this Article, administrative penalties for labor hygiene violations shall also be implemented according to Decree No. 47/2010/NĐ-CP dated May 6, 2010, issued by the Government, which regulates administrative penalties for violations of labor laws.

Article 16. Violations of regulations on the management of chemicals, insecticides, and bactericides for household and medical use

1. Warning or a fine of VND 500,000 to VND 1,000,000 for any of the following acts:

a) Storing chemicals, insecticides, and bactericides for household and medical use in containers not in accordance with the manufacturer's instructions or posing a risk of confusion with other products or goods.

b) Improperly disposing of containers used for storing or containing chemicals and insecticides, bactericides used in household and medical purposes after use.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Not complying with the provisions regarding conditions for producing and trading chemicals, insecticides, and bactericides for household and medical use.

b) Failing to comply with packaging, storage, and transportation regulations for chemicals and insecticides, bactericides used in household and medical purposes;

c) Labeling products incorrectly compared to the registered content with the regulatory body;

d) Not complying with the testing procedures issued by the Ministry of Health for organizations conducting such tests.

3. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on any of the following acts:

a) Producing and trading chemicals, insecticides, and bactericides for household and medical use when the registration certificates for these products have expired.

b) Producing or trading chemicals and insecticides, bactericides used in household and medical purposes that do not meet the published standards;

c) Producing and trading chemicals, insecticides, and bactericides for household and medical use without having obtained a registration certificate for circulation in Vietnam.

d) Advertising chemicals, insecticides, and bactericides for household and medical use without a receipt for accepting the application for advertising registration from the competent health authority or advertising in a manner inconsistent with the registered content or failing to amend the advertising content according to the requirements of the competent health authority.

4. A fine of VND 15,000,000 to VND 20,000,000 for the act of trading chemicals, insecticides, and bactericides for household and medical use that have exceeded their shelf life.

5. A fine of VND 35,000,000 to VND 40,000,000 for the act of producing and trading chemicals, insecticides, and bactericides for household and medical use that are prohibited from use in Vietnam.

6. Remedial measures: forced destruction of products violating the provisions of Clause 4 and Clause 5 of this Article.

7. In addition to administrative penalties for violations stipulated in Clause 1 and Clause 2 of this Article, administrative penalties for violations concerning chemicals, insecticides, and bactericides for household and medical use shall also be implemented in accordance with the provisions of Decree No. 90/2009/NĐ-CP dated October 20, 2009, of the Government on administrative penalties for violations in chemical activities.

Article 17. Violations of other environmental regulations in healthcare

1. A fine of VND 2,000,000 to VND 5,000,000 for the act of defecating or discarding substances or items capable of spreading infectious diseases causing epidemics.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Desks and chairs in classrooms are not suitable in size for students' stature.

b) Insufficient natural or artificial lighting in classrooms.

c) Not meeting the standard area per student.

d) Not providing sufficient drinking water, washing water, or sanitary toilets for students as prescribed.

3. Administrative penalties for the act of selling unprocessed medical waste to production and processing facilities for recycling into household items and other objects shall be carried out in accordance with the provisions of Decree No. 117/2009/NĐ-CP dated December 31, 2009, of the Government on handling violations of laws in the field of environmental protection.

Section 3

VIOLATIONS OF ADMINISTRATIVE LAW ON PREVENTION AND CONTROL OF HIV/AIDS, FORMS AND AMOUNTS OF PENALTIES

Article 18. Violations of regulations on information, education, and communication in prevention and control of HIV/AIDS

1. A fine shall be imposed for the act of not organizing biennially the dissemination and promotion of knowledge and preventive measures against HIV/AIDS, discrimination, and unfair treatment of HIV-infected individuals as prescribed by laws on HIV/AIDS prevention and control, with the following levels:

a) A fine from VND 500,000 to VND 1,000,000 for establishments employing less than 50 people;

b) A fine from VND 1,000,000 to VND 3,000,000 for establishments employing between 50 and less than 200 people;

c) A fine from VND 3,000,000 to VND 5,000,000 for establishments employing between 200 and less than 500 people;

d) A fine from VND 5,000,000 to VND 10,000,000 for establishments employing between 500 and less than 1,000 people;

đ) A fine from VND 10,000,000 to VND 15,000,000 for establishments employing between 1,000 and less than 1,500 people;

e) A fine from VND 15,000,000 to VND 20,000,000 for establishments employing between 1,500 and less than 2,500 people;

g) A fine from VND 20,000,000 to VND 25,000,000 for establishments employing 2,500 people or more.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on any of the following acts:

a) Providing or disseminating false information about HIV/AIDS statistics and epidemic situations.

b) Disseminating negative information or images about HIV-infected individuals.

c) Obstructing the implementation of information, education, and communication activities on HIV/AIDS prevention and control.

d) Not teaching students, trainees, and learners about HIV/AIDS prevention and control, integrating sexual education and reproductive health, and implementing other HIV/AIDS prevention and control activities as approved by authorized state agencies.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following acts:

a) Refusing to cooperate with local HIV/AIDS prevention and control agencies in promoting HIV/AIDS prevention and control.

b) Not organizing education and training on HIV/AIDS prevention and control for workers and students.

c) Not organizing education on HIV/AIDS prevention and control for individuals under the management of detoxification centers, social welfare institutions, prisons, detention centers, educational facilities, and juvenile correctional schools.

4. A fine of VND 10,000,000 to VND 15,000,000 for one of the following acts:

a) Announcing false information about HIV/AIDS statistics and epidemic situations beyond authority.

b) Charging fees for information, education, and communication programs on HIV/AIDS prevention and control through mass media, except where there is a contract with the national target program on HIV/AIDS prevention and control or funded by domestic or foreign organizations and individuals.

c) Disclosing to others the fact that a person is HIV-positive without their consent, except as provided for in Article 30 of the Law on Prevention and Control of Human Immunodeficiency Virus (HIV/AIDS).

d) Not implementing or implementing incorrectly the provisions on the timing, duration, and location of publishing information on HIV/AIDS prevention and control as prescribed by law.

đ) Exploiting information, education, and communication activities on HIV/AIDS prevention and control to incite harm to national security, political stability, public order, cultural traditions, ethnic unity, and societal morals.

5. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed on one of the following acts:

a) Spreading false news about HIV infection for those who are not infected.

b) Publicizing the name, address, and image of HIV-infected individuals without their consent, except as provided for in Article 30 of the Law on Prevention and Control of Human Immunodeficiency Virus (HIV/AIDS).

c) Using images and messages in communication that discriminate against and unfairly treat HIV-infected individuals and members of their families.

6. Measures to remedy consequences:

a) Compelled to publicly apologize and correct on mass media in the locality continuously for three days for the acts stipulated in point a, b Clause 2, point a, c Clause 4, and Clause 5 of this Article, except when the HIV-infected individual does not agree to a public apology and correction regarding their HIV status.

b) Order to refund the amount collected in violation of the law for the act specified in point b, Clause 4, Article this.

Article 19. Violations of provisions on counseling and HIV testing

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts:

a) Conducting HIV testing without providing pre- and post-test counseling to the tested individual;

b) Violating regulations on reporting lists of HIV-positive individuals in HIV/AIDS surveillance;

c) Failing to inform one's spouse or intended spouse about a positive HIV test result;

d) Violating regulations on storing test results, storing and destroying blood samples, blood bags, blood products, and specimens infected with HIV;

đ) Violating regulations on HIV/AIDS reporting procedures as prescribed by the Minister of Health;

e) Violating regulations on the establishment and operation of organizations providing counseling services for HIV/AIDS prevention and control as prescribed by the Minister of Health;

g) Obstructing access to counseling services for HIV/AIDS prevention and control;

h) Failing to provide counseling on HIV/AIDS prevention and control to pregnant women infected with HIV, breastfeeding mothers, and individuals exposed to HIV;

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on any of the following acts:

a) Violating regulations on HIV testing procedures and techniques;

b) Violating regulations on the procedure for reporting positive HIV test results as prescribed by the Minister of Health;

c) Conducting HIV testing on individuals under 16 years old or those who lack civil capacity without obtaining written consent from their parents or guardians;

d) Collecting fees for mandatory HIV testing as stipulated in Clause 1, Article 28 of the Law on Prevention and Control of Infection with Viruses Causing Acquired Immunodeficiency Syndrome (HIV/AIDS);

đ) Collecting fees for voluntary HIV testing for pregnant women;

e) Failing to implement or improperly implementing pre- and post-test counseling procedures as prescribed by the Minister of Health;

g) Failing to organize pre- and post-test counseling for facilities conducting HIV testing;

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following acts:

a) Reporting a positive HIV test result when the laboratory has not confirmed it as positive according to established standards;

b) Reporting a positive HIV test result to the tested individual without authorization;

4. A fine of VND 10,000,000 to VND 15,000,000 for one of the following acts:

a) Mandating HIV testing except in cases specified in Article 24 and Article 28 of the Law on Prevention and Control of Infection with Viruses Causing Acquired Immunodeficiency Syndrome (HIV/AIDS);

b) Conducting HIV testing using diagnostic reagents that have expired or have not been approved for circulation by the Minister of Health;

5. Additional penalty measures: Revocation of the professional practice certificate for a period of six months for the acts specified in point a, Clause 2, and point b, Clause 4, Article this.

6. Measures to remedy consequences:

a) Order to refund the amount collected in violation of the law for the acts specified in point d, Clause 2, Article this;

b) Order to destroy expired diagnostic reagents as specified in point b, Clause 4, Article this;

Article 20. Violations of provisions on care and treatment for people living with HIV

||| 1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for any of the following acts:

a) Failing to comply with the procedures and protocols for HIV/AIDS treatment as prescribed by the Minister of Health;

b) Prescribing antiretroviral drugs without a certificate of training in HIV/AIDS treatment;

c) Providing antiretroviral therapy at facilities that do not meet the required conditions as prescribed by the Minister of Health;

d) Failing to comply with legal requirements for storing documents, records, and medical files related to antiretroviral therapy;

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Failing to ensure care for people living with HIV as provided for in Article 18 of Decree No. 108/2007/ND-CP dated June 26, 2007, of the Government detailing certain provisions of the Law on Prevention and Control of Infection with Viruses Causing Acquired Immunodeficiency Syndrome (HIV/AIDS);

b) Failing to implement or improperly implementing priority access to antiretroviral drugs for people living with HIV as provided for in Decree No. 108/2007/ND-CP dated June 26, 2007, of the Government detailing certain provisions of the Law on Prevention and Control of Infection with Viruses Causing Acquired Immunodeficiency Syndrome (HIV/AIDS);

c) Failing to organize management, care, counseling, and treatment for people living with HIV at drug rehabilitation centers, social welfare institutions, prisons, detention centers, educational facilities, and juvenile correctional schools;

d) Failing to monitor, treat, and implement measures to reduce mother-to-child transmission of HIV for pregnant women infected with HIV under supervision;

đ) Failing to provide guidance or prophylactic treatment for individuals exposed to HIV;

e) Obstructing people living with HIV from participating in caring for other people living with HIV or from accessing care and treatment services.

Article 21. Violations of provisions on harm reduction interventions in HIV prevention

1. Warning or imposing a fine from VND 500,000 to VND 1,000,000 for any of the following acts:

a) Not using the community outreach staff card when conducting harm reduction interventions in HIV prevention activities;

b) Using a community outreach staff card that has expired when conducting harm reduction interventions in HIV prevention activities;

c) Erasing, altering, or lending the community outreach staff card to others;

d) Not reporting the organization of harm reduction interventions in HIV prevention activities to the People's Committee of communes, wards, towns, and local police agencies where the activities are implemented;

đ) Issuing a community outreach staff card to individuals who do not meet the criteria or do not follow the procedures, formalities, and authorities as prescribed by law;

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on any of the following acts:

a) Using the community outreach staff card for purposes, scope of activities, or in violation of the program or project regulations on harm reduction interventions in HIV prevention;

b) Not coordinating with local HIV/AIDS prevention and control agencies in implementing harm reduction interventions in HIV prevention measures;

c) Not complying strictly with the contents of harm reduction intervention programs and projects in HIV prevention that have been approved by competent authorities;

d) Not adhering to the treatment regimen for opioid substance addiction with substitute drugs as stipulated by the Minister of Health;

3. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on any of the following acts:

a) Conducting treatment for opioid substance addiction with substitute drugs without being assigned or without certification of training and instruction on treatment for opioid substance addiction with substitute drugs;

b) Selling condoms and clean syringes provided free of charge or selling them at a higher price than subsidized condoms;

c) Organizing and implementing harm reduction intervention activities without approval from competent state management agencies;

d) Obstructing the implementation of harm reduction interventions in HIV prevention activities;

đ) Not conducting inspections and supervision of harm reduction interventions in HIV prevention activities as prescribed in Article 11 of Decree No. 108/2007/NĐ-CP dated June 26, 2007, of the Government detailing certain provisions of the Law on Prevention and Control of HIV/AIDS;

e) Conducting treatment for opioid substance addiction with substitute drugs for individuals who do not meet the treatment criteria or at facilities that do not meet the conditions as stipulated by the Minister of Health;

4. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on one of the following acts:

a) Selling to the market substitute drug treatments for opioid substance addiction that are provided free of charge;

b) Conducting treatment for opioid substance addiction with substitute drugs that have not been authorized for circulation;

c) Not printing the phrase "Provided Free of Charge, Not for Sale" on the packaging or labels of condoms and clean syringes under harm reduction intervention programs and projects in HIV prevention;

5. Additional forms of punishment:

a) Seizing substitute drugs for violations as specified in point b Clause 4 of this Article;

b) Revoking the right to use the professional practice certificate for a period of six months for violations as specified in point a Clause 3, points a and b Clause 4 of this Article.

Article 22. Violations of laws against discrimination and unfair treatment towards people living with HIV

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:

a) Refusing to hire an applicant for employment due to their HIV status, except in cases provided for in Article 20 of Decree No. 108/2007/NĐ-CP dated June 26, 2007 detailing the implementation of certain provisions of the Law on Prevention and Control of HIV/AIDS.

b) Obstructing or refusing to accept children, students, trainees, or learners into educational institutions within the national education system due to their HIV status or because they are members of a family with someone living with HIV.

c) Parents abandoning a minor child living with HIV; guardians abandoning a person under their guardianship who is living with HIV.

d) Obstructing or refusing to accept individuals into social welfare facilities due to their HIV status.

đ) Obstructing or refusing to bury or cremate the deceased due to their HIV/AIDS status.

e) Isolating, limiting, or prohibiting students, trainees, or learners from participating in activities or services of the institution due to their HIV status or because they are members of a family with someone living with HIV.

g) Refusing to provide medical examination or treatment to patients due to knowledge or suspicion that they are living with HIV.

h) Discriminating against people living with HIV when providing care or treatment to them.

2. A fine of from VND 10,000,000 to VND 15,000,000 for any of the following actions:

a) Employers failing to assign work appropriate to the health condition and professional qualifications of employees living with HIV.

b) Terminating labor contracts or causing difficulties in the working process of employees due to their HIV status.

c) Forcing employees still capable of working to transfer from their current positions due to their HIV status.

d) Refusing to increase salary, promote, or not ensuring legitimate rights and interests of employees due to their HIV status.

đ) Disciplining, expelling students, trainees, or learners due to their HIV status or because they are members of a family with someone living with HIV.

3. Measures to remedy consequences:

a) Compelling the perpetrator to apologize directly to the victim of discrimination for the acts specified in points g and h of Clause 1 of this Article.

b) Compelling acceptance and performing burial or cremation for the remains of people living with HIV for the act specified in point đ of Clause 1 of this Article.

c) Compelling acceptance of people living with HIV for the acts specified in points a, b, c, d of Clause 1, and points b, đ of Clause 2 of this Article.

d) Compelling restoration of the position of work for the act specified in point c of Clause 2 of this Article.

Article 23. Violations of other provisions of laws on prevention and control of HIV/AIDS

1. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed for any of the following acts:

a) Requesting HIV testing or presenting HIV test results from job applicants, except in cases provided for in Article 20 of Decree No. 108/2007/NĐ-CP dated June 26, 2007 of the Government detailing the implementation of certain provisions of the Law on Prevention and Control of HIV/AIDS.

b) Requesting HIV testing or requesting presentation of HIV test results from students, trainees, learners, or those applying to study.

2. Imposing a fine of between 10,000,000 VND and 15,000,000 VND for violations of regulations on blood transfusion, sterilization, disinfection, and other professional regulations in handling to prevent HIV transmission.

3. Fine from 15,000,000 VND to 20,000,000 VND for any of the following acts:

a) Threatening to transmit HIV to others.

b) Exploiting activities related to prevention and control of HIV/AIDS for personal gain or engaging in illegal activities.

Chapter III

AUTHORITY TO IMPOSE ADMINISTRATIVE SANCTIONS FOR HEALTH PREVENTION AND ENVIRONMENTAL HEALTH AND HIV/AIDS PREVENTION AND CONTROL VIOLATIONS

Article 24. Competence to impose administrative penalties of Chairpersons of People's Committees at all levels

1. The Chairperson of People's Committees of communes, wards, and towns has the authority:

a) To issue warnings;

b) To impose fines up to VND 2,000,000.

c) To confiscate objects, means, and tools of violation with a value up to 2,000,000 VND.

d) To apply measures to remedy consequences specified in Points e, g, h, i, and k Clause 3 Article 2 of this Decree.

2. The Chairperson of People's Committees of districts, towns, urban districts, and provincial cities has the authority:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) To apply supplementary forms of administrative penalty as prescribed by laws on handling administrative violations;

d) To apply measures to remedy consequences specified in Points a, c, d, đ, e, g, h, i, and k Clause 3 Article 2 of this Decree.

3. The Chairperson of the People's Committee of provinces and centrally governed cities has the authority:

a) To issue warnings;

b) Impose fines up to 40,000,000 VND;

c) To apply supplementary forms of administrative penalty as prescribed by laws on handling administrative violations;

d) To apply measures to remedy consequences as specified in Clause 3 Article 2 of this Decree.

Article 25. Competence to impose administrative penalties of Health Inspectors and persons assigned to perform specialized inspection tasks

1. Health Inspectors and persons assigned to perform specialized inspection tasks when performing their duties have the authority:

a) To issue warnings;

b) Impose a fine up to 500,000 VND;

c) To confiscate items or means used for administrative violations valued up to two million dong;

d) To apply measures to remedy consequences specified in Points e, g, h, i, and k Clause 3 Article 2 of this Decree.

2. The Head of the Health Inspection Department of the Health Department has the authority:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) To apply supplementary forms of administrative penalty as prescribed by laws on handling administrative violations;

d) To apply measures to remedy consequences specified in Points a, c, d, đ, e, g, h, i, and k Clause 3 Article 2 of this Decree.

3. The Head of the Health Inspection Department of the Ministry of Health has the authority:

a) To issue warnings;

b) Impose fines up to 40,000,000 VND;

c) To apply supplementary forms of administrative penalty as prescribed by laws on handling administrative violations;

d) To apply measures to remedy consequences as specified in Clause 3 Article 2 of this Decree.

Article 26. Principles for determining competence to impose administrative penalties related to preventive healthcare, environmental health, and HIV/AIDS prevention

1. Chairpersons of People's Committees at all levels have the authority to impose administrative penalties related to preventive healthcare, environmental health, and HIV/AIDS prevention within the localities under their specific jurisdiction as stipulated in Article 24 of this Decree.

2. Health Inspectors and persons assigned to perform specialized inspection tasks have the authority to impose administrative penalties related to preventive healthcare, environmental health, and HIV/AIDS prevention against acts of administrative violation specified in Chapter II of this Decree and other acts of administrative violation related to preventive healthcare, environmental health, and HIV/AIDS prevention as prescribed in Government Decrees on administrative penalties in various fields of state management within their specific jurisdiction as stipulated in Article 25 of this Decree.

3. In cases where administrative violations prescribed in this Decree fall within the authority to impose penalties of multiple agencies, the agency that first receives the case shall carry out the penalty.

4. In cases where a person commits multiple acts of administrative violation related to preventive healthcare, environmental health, and HIV/AIDS prevention, the authority to impose penalties shall be determined according to the provisions of Article 42 of the Administrative Violation Handling Ordinance.

Chapter IV

IMPLEMENTING PROVISIONS

Article 27. Effective Date

This Decree takes effect from October 1, 2011.

Abolish Articles 8, 9, 10, 11, 12, 13, and 14 of Government Decree No. 45/2005/NĐ-CP dated April 6, 2005, concerning administrative penalties in the field of health.

Article 28. Responsibilities for guidance and implementation

1. The Minister of Health shall be responsible for guiding, organizing, and supervising the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of People's Committees at all levels, and relevant agencies, organizations, and individuals are responsible for implementing this Decree./.