What is border crossing?
Border crossing can be understood as an act of moving across the territory of countries without immigration procedures and it is prohibited under the law on immigration. This is a prohibited act in accordance with the law on immigration.
How to handle illegal border crossing acts
In accordance with the provisions of Point a, Clause 3, Article 17 of Decree No. 167/2013/ND-CP, acts of crossing national borders without performing immigration procedures as prescribed will be fined from VND 3,000,000 to VND 5,000,000.
In accordance with the provisions of Article 347 of the 2015 Criminal Code amended and supplemented in 2017, anyone who illegally exits or enters Vietnam or illegally stays in Vietnam, has been administratively sanctioned for this act but still violates, the violators shall be subject to a fine of between VND 5,000,000 and 50,000,000 or a prison term of between 6 months and 3 years.
How to handle infected Covid-19 patients
In accordance with the provisions of Point a, Clause 1, Article 3 of the 2007 Law on Prevention and Control of Infectious Diseases and Decision No. 219/QD-BYT dated January 29, 2020 of the Ministry of Health, acute respiratory syndrome due to new strains of Corona virus (nCoV) is classified in the category of infectious diseases of group A under the 2007 Law on Prevention and Control of Infectious Diseases.
In accordance with the provisions of Point a, Clause 3, Article 7 of Decree No. 117/2020/ND-CP on sanctioning of administrative violations in the medical sector, acts of concealing, failing to report or not promptly declaring the current state of the infectious disease group A of their own or another person affected with of the infectious disease group A shall be subject to a fine of between VND 10,000,000 VND and VND 20,000,000 VND.
In accordance with the provisions in Official dispatch No. 45/TANDTC-PC dated March 30, trial for criminal offenses against regulations on prevention and control of Covid-19 pandemic, a Covid-19 infected person crossing the border and spreading the pandemic is determined as "other acts of spreading dangerous pandemic to humans" as defined at Point c, Clause 1, Article 240 of the 2015 Criminal Code.
In accordance with Article 240 of the 2015 Criminal Code amended and supplemented in 2017:
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.
Therefore, Covid-19 infected people crossing the border and spreading the pandemic, depending on the acts and the seriousness of the violations, they shall be considered for administrative or criminal action by the Competent Authority in accordance with the aforementioned regulations.
Above is the writing about How will a Covid - 19 infected person crossing the border to spread the pandemic be handled? For readers wishing to be consulted, please contact us via hotline: (84–28) 2253 7956, website medlaw.vn or email: medlawteam@gmail.com.