Decree 96/2010/nd-Cp: Regulations Sanctioning Administrative Violations Of Medical Examination And Treatment

Original Language Title: Nghị định 96/2011/NĐ-CP: Quy định xử phạt vi phạm hành chính về khám bệnh, chữa bệnh

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Pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the law examinations, cure on November 23, 2009;

Basing constitutional law, retrieved, transplant tissue, organs and donation, retrieved on 29 November 2006;

Basing the Ordinance handling administrative violations on 02 July 2002 and Ordinance amendments and supplements to some articles of the Ordinance on handling administrative violations on 02 Apr 2008;

Pursuant to Decree No. 128/2008/ND-CP on December 16, 2008 detailing the implementation of a number of articles of the Ordinance on handling administrative violations in 2002 and Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations in 2008;

Considering the recommendation of the Minister of health, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope 1. This Decree regulates violations, form, the level of sanction and authority sanctioning administrative violations of medical examination and treatment.

2. the administrative infringement of the doctor, cure prescribed in this Decree include: a) violation of the rules of practice and the use of certificate of practice of medical practitioners, healing;

b) infringe regulations on conditions of operation and use the license to operate the base's Hospital, healing;

c) violated the rules of technical expertise;

d) infringe regulations on the use of drugs in the base doctor, cure has done inpatient treatment;

DD) infringe regulations on conditions of practice in massage services;

e) infringe regulations on child birth according to the scientific method;

g) violates the rules of donation, retrieved, body parts, tissue transplantation and donation, retrieved correctly;

h) infringe regulations on redefining gender;

I) violate other regulations on examinations, cure.

3. other administrative violations regarding examinations, cure is not specified in this Decree shall apply to the provisions in the Decree of the Government on sanctioning administrative violations in the field of governance related to sanctions.

Article 2. Application object 1. This Decree shall apply to individuals, agencies, organizations related to sanctioning administrative violations of medical examination and treatment.

2. Individuals are public servants performed acts specified in this Decree while on duty, task, the sanctioned administrative offense which dealt with the disciplinary responsibility pursuant to the law on public servants.

Article 3. The sanctions administrative violations and remedial measures 1. For each administrative violations of patient treatment are specified in this Decree, individuals, organizations suffer a breach in the sanctions: a) caution;

b) fines to the maximum level 40,000,000.

2. Depending on the nature, the extent of the violation, individual, organization, administrative violations can be applied one or the additional sanctions: a) deprived of the right to use the active license, certificate of practice or have no time limit;

b) confiscated exhibits, the means used to administrative violations.

3. In addition to the sanctions, depending on the nature and extent of the violation, individual, organization, administrative violations can be applied one or remedial measures prescribed by the law on the handling of administrative violations and a or remedial measures here : a) Compel refund or illegal artifacts to sung on public funds;

b) Forcing the patient reception in an imperative;

c) Tying directly sorry practitioners as damaging to the honor, the dignity of the people that practice;

d) Forced to pay health care costs for people who practice as damaging to the health of the people who practice it;

DD) Forced to pay costs of examination and treatment under the provisions of the law on consultation services, healing when using the services;

e) forced to redress does not guarantee the condition of the technical implementation to support reproduction.

Article 4. Apply the provisions of the law on sanctioning administrative violations 1. Sanction guidelines; handle minor administrative violations; extenuating or aggravating; time and duration of sanctions; the time limit is considered to be not yet sanctioned; calculation of time limits, time limits; apply the sanctions administrative violations and remedial measures; determining the authority sanctioning administrative violations; set the minutes of administrative violations; decision sanctioning administrative violations; procedure for fines, currency lodging fine; procedures for confiscating and handling exhibits, means of administrative violations; Executive decision sanctioning administrative violations, the fine decision postponement, coercive enforcement of the decision sanctioning administrative violations and transferred the decision sanctioning administrative violations regarding examinations, cure to enforce are made according to the provisions of the law on the handling of administrative violations.

2. the minutes and decisions used in sanctioning administrative violations of medical examination and treatment undertaken as specified in the appendix attached to this Decree.

Chapter II ADMINISTRATIVE VIOLATIONS of medical healing, FORMS and EXTENT of PUNISHMENT article 5. Violation of the rules of practice and the use of certificate of practice of medical practitioners, healing 1. Warning or a fine of 300,000 to 500,000 Dong Dong from for one of the following behaviors: a) do not report to authorities when it discovered the practice deceptive behavior towards patients, colleagues or violation of the provisions of the law on the examination and treatment;

b) is not involved the monitoring of professional competence and professional ethics of other practitioners when requested authority;

c) Not active participants protection and health education at the community when requested;

d) using wine, beer, and cigarettes while practising doctor, healing.

2. A fine of 2,000,000 to 5,000,000 đồng VND from for one of the following behaviors: a) erased, corrected record to falsify information about examinations, cure;

b) used the form of once superstitious practice;

c) do not respect the rights of the patient are specified in articles 7, 8, 9, 10, 11, 12 and 13 of law examinations, cure;

d) abuse of the profession to have sexual harassment sick people;

DD) direct consultations, healing by Vietnamese but not yet recognized as fluent Vietnamese know or in another language is not the Vietnamese that are not yet registered to use;

e) treatment, prescribe medication in another language is not the language that the Vietnamese have not been registered for that use or translator not yet recognized qualified translators translated to Vietnamese.

3. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) preventing human disease in an healing required on the basis of examination and treatment;

b) specifies the use of the services, or cure the patient transfer hints to the base hospital, the other for the purpose of healing service benefit;

c) violation of the rules technical expertise in patient treatment.

4. A fine from 10,000,000 to 15,000,000 VND VND for one of the following behaviors: a) the practising certificate of practice or are suspended in time of practice;

b) practicing beyond the scope of expertise are recorded in the certificate of practice, except in cases of emergency;

c) rented, borrowed a certificate of practice to practice;

d) For others to rent, borrow a certificate of practice;

DD) No first aid emergency, emergency patients; refuse treatment, cure for the disease unless the right to refuse medical treatment according to the provisions of article 32 of law examinations, cure.

5. Fine fellow to 20,000,000 15,000,000 VND for one of the following behaviors: a) Take, accept bribes in the brokerage, consultation, healing but not yet to the point of being blind to criminal liability;

b) Selling drugs for the disease in any form, except for medical practitioners, healing with traditional medicine getting prescribed vessels;

c) violation of the rules technical expertise in examinations, cure cause for sick people.

6. additional sanctions: deprived of the right to use a certificate of practice from 6 months to 12 months for violations of the provisions of point b, c, d paragraph 4 and paragraph 5 of this Article.

7. remedial measures: forcing refunds or artifacts to sung on public funds for violations specified in point a of paragraph 5 of this Article.

Article 6. Violation of the regulations on conditions of operation and use the license to operate the base's Hospital, healing 1. Warning or fine from 500,000 to 1,000,000 VND VND for one of the following behaviors: a) the activity is not the right address recorded in the operating licence;

b) operation with no sign or sign but not right versus the content stated in the operating licence;

c) not publicly working time or not listing the price of the service;

d) does not report the licensing agencies active in case of change who is responsible for the technical expertise of the base doctor, cure or practitioners are foreigners.

2.8,000,000 3,000,000 fine copper to copper for one of the following behaviors: a) the improper advertising or too professional range is stated in the operating licence;

b) Currency price examination and treatment when unlisted or listed price higher income;

c) refuse to receive the patient in an healing required on the basis of examinations, cure or deliberately made the healing required for healing not required.

3. A fine from 10,000,000 to 15,000,000 VND VND for one of the following behaviors: a) does not guarantee the necessary conditions for the practice of performing examination and treatment within the scope of professional activities are permitted;

b) Rent, borrow the operating licence;

c) for rent, borrow a license to operate.

4. A fine of up to 20,000,000 15,000,000 VND VND for one of the following behaviors: a) provides consultation services, healing without a license to operate or are suspended in time;


b) provides consultation services, healing beyond the expertise in the operating licence, except in cases of emergency;

c) applied techniques, new methods of examination and treatment that has not been allowed by the Department of health or the Ministry of health;

d) use of drugs has not yet been allowed to circulate in the examination and treatment.

5. additional sanctions: a) deprived of the right to use the license to operate from 6 months to 12 months for violations of the provisions of paragraph 3, point b, paragraph 4 c this;

b) confiscating the drug offense specified in point d of this paragraph 4.

Article 7. Violating the rules of technical expertise 1. Warning or a fine of 300,000 to 700,000 Dong Dong words for one of the following behaviors: a) is not set or set but not record record, hospital for sick people;

b) does not log y Yo track treatments for human disease outpatient treatment;

c) does not make the storage of medical records under the provisions of the law on archive records;

d) don't settle for people with the disease do not have recipients in accordance with the law on solving for people with the disease do not have a recipient;

DD) don't settle for patient deaths under the provisions of the law on solving for people with the disease of death;

e) do not perform direct examination and treatment as prescribed by the law on the examination and treatment;

g) do not make judgments when the disease beyond the expertise of the medical facility or practice, healing or treatment but the disease does not progress as good or bad happenings go;

h) Does the organization implement infection control measures in the base doctor, cure prescribed by law for infection control in the medical facility, healing.

2. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) do not establish the books track and save the prescription drug, mental direction of drug and precursor used under the provisions of the law on the use of drugs in medical treatment facility;

b) Not to transfer the patient to patient basis, appropriate healing when patient status beyond the expertise of the facility.

3. A fine from 10,000,000 to 15,000,000 VND VND for one of the following behaviors: a) perform surgery, surgical intervention without the consent of the patient or the patient's representative except as prescribed in clause 3 Article 61 of law examinations, cure;

b) does not guarantee the full amount and quality of emergency vehicles, equipment, medical equipment and emergency drugs base.

Article 8. Violation of regulations on the use of drugs in the medical facility, the cure have made therapy interns 1. A fine from 1,000,000 to 2,000,000 VND VND for one of the following behaviors: a) prescribe drugs but not the full record, obviously, not exactly in the application the information on drug name, quantity, amount, dosage, dosage and duration of use;

b) do not check the prescription drug field, content, dosage, usage, the name of the drug and drug quality or not collated with the prescription information about concentration, concentration, amount received when the expiry date stated on the voucher field of smoking, when medications for sick people, who are tasked with medications;

c) does not match the patient name, drug name, form, amount, dosage, use, using, the time before taking the drug for a patient to use;

d) does not record the time allocated for the sick;

DD) does not track and record the happenings after clinical use of medications the patient on medical records;

e) Not timely detection of complications after using drugs and emergency alarm for direct treatment of practitioners.

2.8,000,000 4,000,000 VND to fine bronze for one of the following behaviors: a) the prescription is not correct;

b) does not monitor the timely processing and effects the complications due to the use of drugs in the treatment of shingles directly and specify the medication.

3. A fine from 10,000,000 20,000,000 for copper to copper acts prescribe expensive drug is not required to collect commissions from the drug business.

Article 9. Violation of the regulations on conditions of practice Massage therapy services 1. Warning or fine from 500,000 to 1,000,000 VND VND for one of the following behaviors: a) no signage;

b) incorrect records signs regulations;

c) massage parlour is not hanging a massage techniques processes or be suspended but not properly defined;

d) do not wear uniforms and wearing badges when rules of practice;

DD) practice with no professional certificate of the competent authority.

2. A fine of 2,000,000 to 5,000,000 đồng VND from for one of the following behaviors: a) the massage Beds are not guaranteed the prescribed standards;

b) do not place the emergency Bell from the massage room;

c) does not guarantee the lighting, sanitary regulations;

d) does not guarantee the area prescribed practice rooms;

DD) no emergency medicine cabinet or have but don't have enough drugs in prescriptions or expired medication use.

3. A fine from 5,000,000 to 7,000,000 copper contract for one of the following behaviors: a) the system of doors of the massage parlour, the incorrect relieves prescribed by law on the Guide to practice Massage therapy services;

b) made massages not according to the technical procedures;

c) taking advantage of the profession to prostitution.

Article 10. Violation of the regulations on child birth according to the scientific method 1. A fine from 1,000,000 to 2,000,000 VND VND for the behavior revealed the information about name, age, address and photo of the person, get the sperm, embryos.

2. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) do for, get ovules; to get the sperm; for, when the embryos are not allowed to perform;

b) does not guarantee the conditions of implementation of assisted reproductive techniques according to the provisions of the law on child birth according to the scientific method.

3. A fine of 30,000,000 VND to 40,000,000 Council for one of the following behaviors: a) pregnancy;

b) asexual;

c) Transplanted sperm, ovules, embryos between the people of the same blood line about and between the others had them within three years.

4. remedial measures: forced to redress does not guarantee the conditions of implementation of assisted reproductive techniques prescribed by legislation on childbirth according to scientific methods for violations in point b of paragraph 2 of this Article.

Article 11. Violation of the provisions on donation, retrieved, body parts, tissue transplantation and donation, retrieved correctly 1. A fine from 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) advertising, buying, brokers sell human body parts;

b) disclose information, secrets about the donation and people are allowed unless the agreement of the parties or the law otherwise;

c) conducted retrieved body parts do not regenerate in the living without the written opinions of the Advisory Council retrieved, transplant organs.

2. A fine of 20,000,000 30,000,000 VND to Board for one of the following behaviors: a) Retrieved, grafting, used, stored tissue, body parts for commercial purposes;

b) conduct operations get, the transplant tissue, body parts of people when the Secretary of health has not yet been recognized as a qualifying facility retrieved tissue grafts, or parts of the human body.

3. A fine of 30,000,000 VND to 40,000,000 Council for one of the following behaviors: a) to force others to for tissue, body parts of people or retrieved tissue, body parts of people involuntarily donation;

b) Retrieved body parts, tissues in people living under eighteen years of age;

c) body parts, tissue Transplant of infected persons by category by the Minister of health regulations.

4. additional sanctions: deprived of the right to use the license works indefinitely for violations in paragraph 2 and paragraph 3 of this article.

Article 12. Violation of the regulations on redefining gender 1. A fine from 1,000,000 to 2,000,000 VND VND for one of the following behaviors: a) to disclose information about the identification of another person's sex;

b) discriminating against people who have redefined gender.

2. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) made the switch gender for those who've perfected about sex;

b) make determining sex without permission of the Ministry of health or the Department of health of the province of the central cities, as stipulated in article 8 of Decree 88/2008/ND-CP on August 5, 2008 on determining the sex.

3. the remedial measures: forcing directly sorry people were discriminated against in violation of point b of paragraph 1 of this Article.

Article 13. Violate other regulations on examinations, cure 1. Warning or fined from 200,000 to 500,000 Dong Dong for one of the following behaviors: a) provided information concerning dishonest health condition or does not fully cooperate with grassroots consultation and practice, healing in the examination;

b) does not approve the conclusions indicated for the treatment and diagnosis of people practice, except in a few cases are rejected under the provisions of article 12 of law examinations, cure;

c the executive regulations) is not the basis of examination and treatment.

2. A fine of from 500,000 to 2,000,000 VND VND for one of the following behaviors: a) harm to the honour, dignity of people practice during examination and treatment;

b) does not accept the decision mobilization of competent State agencies when there is natural disaster, catastrophe, dangerous disease.

3. A fine of 2,000,000 to 5,000,000 đồng VND from for one of the following behaviors: a) does not pay the cost of medical examination and treatment when using services, healing, unless exempted, reduced in accordance with the law;

b) Not established professional Council under the provisions of the law to determine whether or not there are errors in case of technical expertise required to resolve disputes on examination and treatment in the event of complications for the patient.


4. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) advertising services, healing is not correct according to the procedure prescribed by the law on advertising in the medical field;

b) harm to the health, life of people practice during examination and treatment.

5. remedial measures: a) Forced to directly apologize for the practitioners of violations specified in point a of paragraph 2 of this Article;

b) Forced to pay health care costs for violations specified in point b of this clause 4;

c) Forced to pay costs of examination and treatment under the provisions of the law on consultation services, healing for violations specified in point a of paragraph 3 of this article.

Chapter III the AUTHORITY SANCTIONING ADMINISTRATIVE VIOLATIONS REGARDING examinations, CURE article 14. The authority sanctioning administrative violations of the people's Committee Chairman granted 1. Chairman of people's Committee of the communes, wards and towns have the right a) caution;

b) a fine of up to 2,000,000;

c) apply additional sanctions: confiscated exhibits, the means used to administrative violations worth up to 2,000,000;

d) apply remedial measures prescribed in points a, b and d of paragraph 3 article 12 Ordinance on handling administrative violations.

2. The Chairman of the district people's Committee, district, town, city in the province have the right to: a) caution;

b) a fine of up to 30,000,000 VND;

c) Deprived the right to use the certificate of practice, active license in the jurisdiction;

d) confiscated exhibits, the means used to administrative violations;

DD) apply remedial measures prescribed in points a, b and d of paragraph 3 article 12 Ordinance on handling administrative violations.

3. The Chairman of the provincial people's Committee, central cities have the right to: a) caution;

b) fine to the highest level is 40,000,000;

c) Deprived the right to use the certificate of practice, active license in the jurisdiction;

d) confiscated exhibits, the means used to administrative violations;

DD) apply remedial measures are specified at points a, b, c and d of paragraph 3 article 12 Ordinance on handling administrative violations and paragraph 3 of article 3 of this Decree.

Article 15. The authority sanction of medical inspector 1. When health inspectors are on duty in the scope of its functions has the right to: a) caution;

b) a fine of up to 500,000;

c) apply additional sanctions: confiscated exhibits, the means used to administrative violations worth up to 2,000,000;

d) apply remedial measures prescribed in points a, b and d of paragraph 3 article 12 Ordinance on handling administrative violations.

2. The Chief Inspector of the Department of health has the right: a) caution;

b) a fine of up to 30,000,000 VND;

c) applying additional sanctions: the right to use the certificate of practice, active license; confiscated exhibits, the means used to administrative violations;

d) apply remedial measures prescribed in points a, b and d of paragraph 3 article 12 Ordinance on handling administrative violations and paragraph 3 of article 3 of this Decree.

3. The Chief Inspector of the Ministry of health have the right to: a) caution;

b) fine to the highest level is 40,000,000;

c) applying additional sanctions: the right to use the certificate of practice, active license; confiscated exhibits, the means used to administrative violations;

d) apply remedial measures prescribed in points a, b and d of paragraph 3 article 12 Ordinance on handling administrative violations and paragraph 3 of article 3 of this Decree.

4. Heads perform functions assigned specialized inspectors, who are charged with the specialized inspection authority sanctioning administrative violations in accordance with the law on handling administrative violations and relevant legislation.

Article 16. The authority sanction of agencies other than those specified in article 14 and article 15 of this Decree, others under the provisions of the Ordinance on handling administrative violations in function, the task that detected the administrative violations specified in this Decree in the fields or areas of management, has the right to sanction under regulation the law on the handling of administrative violations.

Chapter IV article 17 ENFORCEMENT TERMS. Effective enforcement of this Decree in effect enforced since December 15, 2011.

Removal of articles 25, 26, 27, 28, 29, 30 and 31 of Decree No. 45/2005/ND-CP dated April 6, 2005 of the Government sanctioning administrative violations in the field of health.

Article 18. Responsibilities and enforcement 1. The Minister of health is responsible for guiding the Organization, and examined the enforcement of this Decree.

2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's Committee and the agencies, organizations, individuals responsible for the implementation of this Decree.