LEGAL SANCTIONS FOR A PERSON INFECTED WITH COVID-19 WHO DOES NOT DECLARE HIS/HER SITUATION OR COMMITING UNTRUTHFUL DECLARATION

Under the provisions of Article 1 of Decision No.219/QĐ-BYT and Clause 5 Article 1 of Decision No.447 /QĐ-Ttg, add the acute respiratory disease caused by nCoV into the list of group A infectious diseases.
1️⃣ Administrative sanctions
➡️ Under the provision of point a Clause 3 Article 7 of Decree No.117/2020/NĐ-CP, a fine ranging from VND 10,000,000 to 20,000,000 shall be imposed for one of the following violations:
a) Concealing, failing to report or reporting untimely the individual's current status of group A infectious disease who is infected with group A infectious disease;
b) Deliberately declaring, giving false information about group A infectious diseases;
c) Deliberately spreading agents causing group A infectious diseases.
➡️ Under the provisions of point a Clause 1 Article 10 of Decree No. 117/2020 /NĐ-CP, a fine ranging from VND 1,000,000 to 3,000,000 shall be imposed for behavior of not reporting or untruthfully reporting the infectious diseases' developments with physician, medical staff.
2️⃣ Criminal sanctions
➡️ Under the provisions of Clause D point 1.1, Official Dispatch No.45/TANDTC-PC, the person who has been announced infected; a person suspected of being infected or returning from an area with Covid-19 epidemic without declaring medical report, inadequately declaring or untruthfully declaring causing spreading of the Covid-19 epidemic to another person shall be considered proceed "other acts spreading dangerous epidemic to human" specified at point c Clause 1 Article 240 Criminal Code and being sanctioned for the guilt of spreading infectious epidemic to human.
➡️ Under the provision of Article 240 Criminal Code, Crime of spreading dangerous infectious disease to human:
1. Those committing one of the following acts, causing the spread of dangerous infectious epidemic to human shall be subject to a fine ranging from VND 50,000,000 to VND 200,000,000 or a prison term ranging from 01 to 05 years:
a) Bringing out or allowing to bring out animals, plants, products made from animals or plants or other products that are capable of spreading dangerous epidemic to human from the area with epidemic, unless other situations provided by the law;
b) Bringing into or allowing to bring animals, plants or products made from animals or plants that are infected or carrying dangerous pathogen which are capable of spreading disease to human into the Vietnamese territory;
c) Other acts of spreading dangerous epidemic to human.
2. In case of committing the crime in one of the following circumstances, violators shall be sentenced to 05 to 10 years of imprisonment:
a) Resulting in the epidemic declaration under the authority of the President of the Province’s People's Committee or the Minister of Health;
b) Causing human's death.
3. In case of committing the crime in one of the following circumstances, offender shall be sentenced to 10 to 12 years of imprisonment:
a) Resulting in the epidemic declaration under the authority of the Prime Minister;
b) Causing the death of 02 or more people.
4. Offender shall be subject to bare a fine of between VND 20,000,000 and VND 100,000,000, a ban from holding certain positions, practicing certain occupations or doing certain jobs from 01 to 05 years.
? Based on the above grounds, people infected with Covid - 19 who do not declare their situation or committing untruthful declaration will be subject to administrative penalties ranging from VND 10,000,000 to VND 20,000,000. If the epidemic is spread, the offender may be prosecuted for spreading dangerous infectious epidemic to human with a fine ranging from VND 50,000,000 to VND 200,000,000 or sentenced to 01 to 12 years imprisonment depending on the real situation.
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