Decree No. 117/2020/ND-CP penalties for administrative violations in health sector

DECREE

On sanctioning of administrative violations in health sector

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Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012;

Pursuant to the Law on HIV/AIDS prevention and control dated June 29, 2006;

Pursuant to the Law on Donation, Removal and Transplantation of Human Tissues and Organs and Donation and Recovery of Cadavers dated November 29, 2006;

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

Pursuant to the Law on Health Insurance dated November 14, 2008 and the Law on Amending and Supplementing a Number of Articles of the Law on Health Insurance dated June 13, 2014;

Pursuant to the Law on Medical Examination and Treatment dated November 23, 2009;

Pursuant to the Law on Prevention and Control of Tobacco Harms dated June 18, 2012;

Pursuant to the Law on Pharmacy dated April 06, 2016;

Pursuant to the Law on Prevention and Control of Harms of Liquor and Beer Abuse dated June 14, 2019;

Pursuant to the Population Ordinance dated January 09, 2003 and the Ordinance on Amending Article 10 of the Population Ordinance dated December 27, 2008;

At the proposal of the Minister of Health,

The Government hereby promulgates the Decree on sanctioning of administrative violations in health sector.

Chapter I
GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree stipulates acts of administrative violations, sanctioning forms and levels, remedial measures applied to each administrative violation; competence to make written records and sanction of administrative violations according to each position in health sector.

2. Administrative violations in health sector specified in this Decree are faulty acts which are committed by an individual or organization in violation of the state management law but does not constitute a crime and, therefore, must be administratively sanctioned in accordance with law, including:

a) Violations of regulations on preventive medicine and HIV/AIDS prevention and control;

b) Violations of regulations on medical examination and treatment;

c) Violations of regulations on pharmacy and cosmetics;

d) Violations of regulations on medical equipment;

dd) Violations of regulations on health insurance;

e) Violations of regulations on population.

3. Acts of administrative violations in health sector other than those specified in this Decree, but prescribed in other Decrees on sanctioning of administrative violations shall be sanctioned according to the provisions of such Decrees.

4. Upon detecting acts of violations specified at Point c, Clause 3, Article 7; Point e, Clause 5, and Point b, Clause 6, Article 38; Points a and b, Clause 7, Article 44; Clause 6, Article 48; Point a, Clause2, Article52; Clause 3, Article 53; Point a, Clause 1, Article 54; Point c, Clause 4, Article 56; Point d, Clause 5, and Clause 7, Article 57; Clause 7, Article 58; Clause 7, Article 59; Point a, Clause 4, Article 60; Point c, Clause 5, Article 67; Clause 3, Article 68; Point b, Clause 2, Article 70; Points a and b, Clause 3, Article 73; Clause 4, Article 80; Points d, dd, e, g and h, Clause 2, Article 85; Points d, dd, e, g, h and i, Clause 2, Article 86 or cases of recidivism, for the acts of violations specified at Points a and b, Clause 3, Article 7; Clause 9, Article 15; Clause 6, Article 40; Point a, Clause 6, Article 44; Point b, Clause 5, Article 67, and Clauses 2 and 3, Article 80 of this Decree, the competent person accepting the case must transfer the dossier of the violation to a body competent to conduct the criminal proceedings for penal liability examination in accordance with Clauses 1, 2 and 4, Article 62 of the Law on Handling of Administrative Violations. In case the body conducting the criminal proceedings decide not to prosecute a criminal case under the law on criminal procedure, such body conducting the criminal proceedings shall return dossiers to the person competent to sanction who has transferred such dossiers in accordance with Clause 3, Article 62 of the Law on Handling of Administrative Violations sanctioning administrative violations according to this Decree.

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