On September 28, 2020, the Government issued Decree No. 117/2020/ND-CP regulating the sanctioning of administrative violations in the health sector, replacing Decree 176/2013/ND-CP (“Decree No. 117/2020/ND-CP”).

Accordingly, Decree No. 117/2020/ND-CP has provided stricter regulations on monitoring infectious diseases in Viet Nam, specifically as follows:

1. All violations in monitoring infectious diseases were fined

• Previously, according to the provisions of Article 6 of Decree 176/2013/ND-CP, the warning penalty was still considered as the main penalty for 01 act: Failure to report when detecting a person with an infectious disease belong to group A.
• However, in Article 7 of Decree No. 117/2020/ND-CP the form of warning has been removed, and instead only applies a fine to the group of violations on monitoring infectious diseases.

      2. Application of higher fines, more dissuasive

• Previously, according to the provisions of Article 6 of Decree 176/2013/ND-CP, the fine level for violations in monitoring infectious diseases: From VND 200,000 to VND 1,000,000 for an individual (2 times higher for an organization).
• However, in Article 7 of Decree No. 117/2020/ND-CP, the fine level for violations in monitoring infectious diseases:  from VND 500,000 to VND 20,000,000 for individuals (2 times higher for an organization).

      3. Adding the acts are considered administrative violations in monitoring infectious diseases.

In Article 6 of Decree 176/2013/ND-CP only stipulates: 3 groups of behaviors.

• The failure to report sufferers of group A diseases;
• Concealment of the development of group A diseases of oneself or of other people;
• Failure to take the test for group A diseases at the request of a competent authority.

In Article 7 of Decree No. 117/2020/ND-CP stipulates: 7 groups of behaviors.

• Acts of concealing, failing to report or making untimely reports when detecting another person suffering from an infectious disease as prescribed by law;
• Failure to test at the request of a competent health authority during infectious disease surveillance;
• Failing to report or reporting inadequately on infectious disease surveillance as prescribed by law;
• Concealing, failing to report or not promptly reporting the current state of their infectious disease;
• Concealing, failing to report or reporting in no time the current state of group A infectious diseases of themselves or of another person suffering from a group A infectious disease;
• Deliberately giving false information on group A infectious diseases;
• Intentionally spreading a agent of group A infectious diseases.

Thus, we can see that, Decree No. 117/2020/ND-CP issued tighter regulations in monitoring infectious diseases in Vietnam.

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