THE GOVERNMENT
Decree No. 176/2013/ND-CP dated November 14, 2013 of the Government on penalties for administrative violations against Medical Laws
Pursuant to the Law on Government organization dated December 25, 2001;
Pursuant to the Law on Penalties for administrative violations dated June 20, 2012;
Pursuant to the Law on Pharmacy dated June 14, 2005;
Pursuant to the Law on Prevention of HIV/AIDS dated June 29, 2006;
Pursuant to the Law on Donation, removal and transplantation of human tissues and organs, and body donation dated November 29, 2006;
Pursuant to the Law on Prevention of infectious diseases dated November 21, 2007;
Pursuant to the Law on Health insurance dated November 14, 2008;
Pursuant to the Law on Medical examination and treatment dated November 23, 2009;
Pursuant to the Law on Prevention of harmful effects of tobacco dated June 18, 2012;
Pursuant to the Ordinance on Population dated January 09, 2003 and the Ordinance dated December 27, 2008 on amendments to Article 10 of the Ordinance on Population;
At the request of the Minister of Health,
The government promulgates a Decree on penalties for administrative violations against medical laws.
Chapter 1.
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Decree deals with the administrative violations, penalties, fines, and remedial measures; the persons entitled to make violation records, impose penalties, and the maximum fines they can impose upon administrative violations against medical laws.
2. In this Decree, administrative violations against medical laws are wrongful acts committed by organizations and individuals that contravene medical laws but do not constitute criminal offenses and are punishable by administrative penalties, including:
a) Violations against regulations on defensive medicine and prevention of HIV/AIDS;
b) Violations against regulations on medical examination and treatment;
c) Violations against regulations on pharmacy, cosmetics, and medical equipment;
d) Violations against regulations on health insurance;
dd) Violations against regulations on population.
3. Other administrative violations that are not mentioned in this Decree shall incur the penalties prescribed by the Decrees in which they are mentioned.
Article 2. Subjects of application
1. Vietnamese entities and foreign entities that commit administrative violations against medical laws within Vietnam’s territory.
2. The persons entitled to make violation records, impose penalties, and relevant entities.
Article 3. Remedial measures
Apart from the remedial measures mentioned in Points a, c, d, dd, e, g, h and i Clause 1 Article 28 of the Law on Penalties for administrative violations, the entities that commit administrative violations against medical laws might have to take one of the following remedial measures depending on the nature and severity of the violations:
1. Decontaminating, disinfecting wastes, clothing, equipment, the environment, and patient transport vehicles;
2. Admitting sufferers of group A diseases;
3. Treating and keeping the people, vehicles, and goods that carry pathogens of group A diseases in isolation;
4. Admitting HIV sufferers, admitting, burying or cremating the bodies of HIV sufferers;
5. Offering public apologies by means of mass communication;
6. Returning the illegal money to the account of the health insurance fund or the medical facility;
7. Returning the interest on late payment of health insurance premium to the account of the health insurance fund;
8. Returning the interest on the difference caused by incorrect declaration or the interest on deferred payment;
