Decree 69/2010/nd-Cp: Regulations Sanctioning Administrative Violations Of Health, Environmental Health, And Hiv/aids

Original Language Title: Nghị định 69/2011/NĐ-CP: Quy định xử phạt vi phạm hành chính về y tế dự phòng, môi trường y tế và phòng, chống HIV/AIDS

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

Pursuant to the law, against virus infection causing immunodeficiency syndrome made in people (HIV/AIDS) on 29 June 2006;

Pursuant to the law on prevention of infectious diseases, November 21, 2007;

Pursuant to the law on environmental protection on November 29, 2005;

The labor code base on 26 March 1994, the revised Law, the labor code supplements on 02 April 2002 and the law amending and supplementing the labour code on 02 April 2007;

Basing the Ordinance on administrative violations processing 2 July 2002;

Ordinance amending and supplementing 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 handling of administrative violations in 2008;

Considering the recommendation of the Minister of health, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This Decree provisions on sanctioning administrative violations of health, environmental health, and HIV/AIDS.

2. This Decree shall apply to individuals, agencies, organizations related to sanctioning administrative violations of health, environmental health, and HIV/AIDS.

Do not apply sanction administrative violations with regard to the violations of the provisions of this decree by officers, public servants, officers performed while on duty, the duty assigned. The disposal for violation of the objects was made according to the provisions of the law on public servants.

3. other administrative violations about preventive medicine, health and environment, HIV/AIDS 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. The sanctions administrative violations and remedial measures 1. The main sanctions: individual, organization, administrative violations of health, environmental health, and HIV/AIDS are subject to one of the following sanctions: a) caution;

b) fines: maximum fines in sanctioning administrative violations of health, environmental health, and HIV/AIDS is 40,000,000.

2. additional sanctions: a) deprived of the right to use the license, certificate of practice.

The license, certificate of practice prescribed in this paragraph do not include business registration certificates, investment certificates, the certificate type associated with the human body to be granted no practice permitted purposes.

b) confiscated exhibits, the means to be used to violate the law on preventive medicine, environmental health, and HIV/AIDS.

3. the remedial measures: a) Forced to apologize, on the mass media or apologize directly who suffer discrimination;

b) Forced to refund the money collected is not properly regulated by law;

c) Forced to perform tests to detect infectious diseases in Group A;

d) Forced to receive people with infectious diseases in the A group, people with HIV;

DD) enforce the quarantine, the quarantine medical coercive, medical processing;

e) enforce sanitation measures, destroy infection, disinfect D08 in room;

g) Forced to remedy environmental pollution due to administrative violations cause;

h) forced the destruction of animals, plants and other objects is mediated transmission in Group A;

I) forced the destruction of foodstuffs, products violating; biological diagnosis using has expired;

k) Required to receive and conduct the burial, cremation;

l) forced the restore location of the work.

Article 3. 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; 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 of health, environmental health, and HIV/AIDS to enforcement was done according to the provisions of the law on the handling of administrative violations.

2. the minutes and decisions used in sanctioning administrative violations of health, environmental health, and HIV/AIDS implemented as defined in the appendix attached to this Decree.

Chapter II ADMINISTRATIVE VIOLATIONS of health, environmental health, and HIV/AIDS, and the FINE FORM of ITEM 1 of ADMINISTRATIVE VIOLATION of preventive medicine, and the FINE FORM of article 4. Violation of the regulations on information, education and communication in the prevention of infectious disease 1. Fines for non-periodic behavior 2 years/times the dissemination, advocacy on prevention of infectious diseases under the provisions of the law on prevention of infectious diseases for employees in the management scope with the following levels: a VND 500,000 fine) to 1,000,000 VND for establishments employing 50 people;

b) fine from 1,000,000 to 3,000,000 Dong Dong have establishments employing from 50 people to under 200 people;

c) fine from 5,000,000 3,000,000 Dong to Dong had establishments employing from 200 people to under 500 people;

d) fine from 5,000,000 VND to 10,000,000 VND for basis of employers from 500 people to under 1,000 inhabitants;

DD) fine from 10,000,000 to 15,000,000 Board Council had establishments employing from 1,000 people to under 1,500 people;

e) fine from copper to copper 20,000,000 15,000,000 for basis of employers from 1,500 people under 2,500 people;

g) fine from copper to copper 25,000,000 20,000,000 for basis of employers from 2,500 inhabitants or more.

2. A fine of 1,000,000 to 3,000,000 Dong Dong for not teaching organization behaviour for students, students, students on prevention of infectious diseases according to the curriculum were competent State agencies for approval.

3. A fine of 5,000,000 3,000,000 Dong to Dong for the behaviour provide or give false information about metrics, infectious disease situation in comparison with the figures, the situation of infectious disease state management bodies which have competence on health has announced.

4. A fine from 10,000,000 to 15,000,000 VND VND for one of the following behaviors: a) announced the wrong authority on the figures, the situation of infectious disease;

b) make unauthorized charge for the program information, education, communication on prevention of infectious diseases on the mass media, except where there is a separate contract with the program, project or individual organization in the country, foreign funding.

5. Fine fellow to 20,000,000 15,000,000 VND for one of the following behaviors: a) Not done or done incorrectly the rules of the time, duration, location, posting information on prevention of infectious diseases under the provisions of the law;

b) using operation information, education, communication on prevention of infectious diseases in order to provoke, detrimental to the political, security, social order and safety, cultural traditions, ethnic, moral society.

6. remedial measures: a) Forced to apologize, on the mass media in the area continuously for 3 days for the acts specified in paragraph 3 of this article;

b) Forced to refund the money collected is not correct provisions of the law for acts specified in point b of paragraph 4 of this Article.

Article 5. Violation of the regulations on infectious disease surveillance 1. Warning or fined from 200,000 to 500,000 Dong Dong for behavior when detecting the infectious disease in group a.

2. A fine of 1,000,000 to 3,000,000 đồng VND for one of the following behaviors: a) conceal the status of infectious diseases in Group A of yourself or of people with infectious diseases in Group A;

b) do not perform tests to detect infectious diseases in Group A at the request of the competent State bodies.

3. the remedial measures: enforce the infectious disease detection tests in Group A for the acts specified in point b of paragraph 2 of this Article.

Article 6. Violation of the regulations on Biosafety in laboratory 1. A fine from 5,000,000 to copper copper 3,000,000 for one of the following behaviors: a) does not guarantee the safety of biological conditions after being issued a certificate of standard biosafety level 1;

b) perform the tests beyond the scope of expertise stipulated in the standard certificate for biosafety;

c) does not build and implementation regulation test biosecurity;

d) fail to comply with the rules of procedure, technical tests, collect, transport, storage, retention, use, study, Exchange or destruction of samples samples related to infectious pathogens in Group C;

DD) no diploma, certificate and training consistent with the type of tests or no confirmation was through training on Biosafety for people in charge and the staff of laboratory biosafety level 1.

2. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) does not guarantee the safety of biological conditions after being issued a certificate of standard biosafety level 2;

b) not build preventive plan, treats the issue of biological safety after it has been issued a certificate of standard biosafety;

c) No training, training for the staff of the facility tests on troubleshooting measures biosecurity;


d) Not fully equipped personal protective means for people working in the lab biosafety;

DD) no diploma, certificate and training consistent with the type of tests or no confirmation was through training on Biosafety from level 2 or higher for people in charge and the staff of laboratory biosafety level 2.

3. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) perform tests to detect infectious pathogens in Group B and Group C regulations in point b and point c of paragraph 1 of article 3 infectious disease prevention Law (hereinafter referred to as infectious diseases in Group B and Group C) when not yet competent State agencies medical certification of standard biosafety;

b) does not comply with the rules of procedure, technical tests, collect, transport, storage, retention, use, study, Exchange and destruction of samples samples related to infectious pathogens in Group B;

c) no diploma, certificate and training consistent with the type of tests or no confirmation was through training on Biosafety from level 3, 4 or more for the people in charge and the staff of laboratory biosafety level 3, 4.

4. A fine of 20,000,000 30,000,000 VND to Board for one of the following behaviors: a) does not guarantee the safety of biological conditions after being issued a certificate of standard biosafety level 3 or level 4;

b) perform tests to detect infectious pathogens in Group A when not yet competent State agencies on health certification standard biosafety;

c) does not comply with the rules of procedure, technical tests, collect, transport, storage, retention, use, study, Exchange and destruction of samples samples related to infectious pathogens in group a.

5. A fine of 30,000,000 VND to 40,000,000 Council for one of the following behaviors: a) Not held maneuvers fix biosafety periodically annually for laboratory biosafety level 3, 4;

b) does not report the issue of biological safety and the measures applied to the handle, fix the problem with the Health Department, central cities (hereinafter referred to as the Department) with respect to the issue of biological safety in severity.

6. additional sanctions: a) deprived of the right to use the license to operate in time 6 months for acts specified in point a of paragraph 1, art. 2, art. 3, point a and point b paragraph 4 of this Article;

b) deprived of the right to use the certificate of practice during the 6 months for the acts specified in paragraph 1, DD DD account point 2, point b, c paragraph 3 and point b, c paragraph 4 of this Article.

Article 7. Violation of the regulations on the use of vaccines, health products 1. Warning or fined from 50,000 VND to 200,000 Council for acts deliberately not done or hinder the use of vaccines, medical products required for infectious diseases in the expanded immunization program.

2. A fine of from 500,000 to 1,000,000 VND VND for the behavior does not make the use of vaccines, products required in case of risk of infectious diseases in the region have room or to the room at the request of the competent authority.

3. A fine of 2,000,000 to 5,000,000 đồng VND from for one of the following behaviors: a) does not make rules about receiving, vaccines, biological medical;

b) Not make reporting and recordkeeping-use vaccines, medical products according to the regulations of the Minister of health;

4. A fine of 15,000,000 VND to 25,000,000 Council for one of the following behaviors: a) using vaccines, born at the base medical products not eligible under the regulation of the Minister of health;

b) does not make rules about transporting, preserving vaccines, medical products;

c) Don't make the right safe immunization process as prescribed by the Minister of health;

d) sold the medical products, vaccines in the expanded immunization program.

5. additional sanctions: a) deprived of the right to use the certificate of practice during the 6 months for acts specified in point b, c paragraph 4 of this Article;

b) Forced to refund the money collected is not correct provisions of the law for acts specified in point d of paragraph 4 of this Article.

Article 8. Violation of the regulations on infectious disease infection in the patient base, healing 1. Warning or fined from 50,000 VND to 200,000 contract for one of the following behaviors: a) undeclared or declared not honest, timely happenings disease with a physician, the medical staff was tasked;

b) does not comply with specified guidelines, prevention of infection of infectious disease physician, medical staff and rules and regulations of the medical facility;

c) Not tracking registered with health clinics communes, wards and towns (hereinafter referred to as communal clinics) where the residence of infectious disease in Group A after the out patient facility, healing.

2. A fine of from 500,000 to 2,000,000 VND VND for one of the following behaviors: a) does not guarantee the outfit, personal hygiene conditions for medical staff, physician, sick people and sick people;

b) do not report the information related to the infectious disease are being examined, treated at the base hospital, his cure for health agency;

c) does not advise on measures for prevention of infectious disease for the patient and the patient's home;

d) disclose confidential personal information related to the patient;

DD) does not track the health of a physician, the medical staff directly involved in the care, treatment of infectious patients in Group A.

3. A fine of 2,000,000 to 5,000,000 đồng VND from for acts not implemented measures for cleansing, sterilizing the waste, clothing, equipment, environment, transportation, people with infectious diseases in Group B and C.

4. A fine from 10,000,000 to 15,000,000 VND VND for the behavior not implemented measures in cleansing, sterilizing the waste, clothing, equipment, environment, transportation, people with infectious diseases in group a.

5. Fine fellow to 20,000,000 25,000,000 Council for one of the following behaviors: a) refused to accept people with infectious diseases in Group A on the basis of examination and treatment;

b) do not implement the measures for prevention of infectious diseases for people with infectious diseases in group a.

6. remedial measures: a) Forced the Organization to perform the cleansing, sterilizing measures waste, clothing, equipment, environment, transport the patient for the acts specified in clause 3 and clause 4 of this Article;

b) Forced to receive people with infectious diseases in Group A for the acts stipulated in art. 5 of this Article;

c) forced the implementation of measures for prevention of infectious diseases for the acts specified in point b of paragraph 5 of this Article.

Article 9. Violation of the provisions on medical isolation, quarantine medical coercive 1. A fine from 5,000,000 VND 2,000,000 VND to for one of the following behaviors: a) Does the Organization conduct the medical isolation, quarantine medical coercion with regard to the case to make the medical quarantine as stipulated by the law, except in cases specified in point a of paragraph 2 of this Article;

b) deny or evade the application of quarantine measures, coercive medical medical isolation of the competent authority, except in cases specified in point b of paragraph 2 of this Article;

c) Don't make a list and keep track of the health of those exposed to people with applied medical isolation measures, coercive medical quarantine in accordance with law;

d) conducted the medical isolation, quarantine medical coercion at locations not eligible to perform medical isolation, quarantine medical coercion according to the regulations of the Minister of health.

2. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) Does the Organization conduct the quarantine for people with infectious diseases in Group A;

b) deny or evade the application of quarantine decision health, medical isolation coercion of competent agencies for people with infectious diseases in Group A, the object border health quarantine infected or carrying infectious pathogens in group a.

3. the remedial measures: forcing perform medical isolation, coercive medical isolation for violations specified in point a, b account 1 and account 2 things.

Article 10. Violation of the regulations on measures against 1. Warning or fine from 500,000 to 1,000,000 VND VND for one of the following behaviors: a) concealed her condition or the other people when the infectious disease was announced as having the room;

b) does not notify the people's Committee and health agencies in the area of the infected case room under the provisions of the law on prevention of infectious diseases;

c) not carry personal protection measures against epidemic and participants who have the risk of the disease under the guidance of the health authorities;

d) does not perform or reject the implementation of hygiene measures, duplicate removal, cleansing in the room.

2. A fine of 2,000,000 to 5,000,000 đồng VND from for one of the following behaviors: a) opt against following a decision to mobilize against their Steering Committee;

b) perform the examinations and fees treatment for infectious disease cases in Group A;

c) Don't make the decision forced the destruction of animals, plants and other objects is intermediate transmission, except in cases specified in point c of paragraph 4 of this Article.

3. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) does not make the decision to apply interim measures suspending the operation of the base public food services are at risk of sexually transmitted diseases in the region do have the room;

b) does not make the decision to apply measures to prohibit business, use foods is intermediate transmission;


c) does not make the decision to apply measures for gathering limited or temporary suspension of business activities, services in a public place.

4. A fine from 10,000,000 to 15,000,000 VND VND for one of the following behaviors: a) does not make the decision to test, monitor, medical processing before out into the room in Group A;

b) taken out of the room in A group these products, animals, plants, food and other commodities are likely to spread the disease;

c) Don't make the decision forced the destruction of animals, plants and other objects is mediated transmission in group a.

5. Fine fellow to 20,000,000 15,000,000 VND for one of the following behaviors: a) Not made required checks and medical processing as for the means of transport before exiting the room in a State of emergency about the room;

b) does not make the decision to ban the gathering in the region has been declared a State of emergency about the room;

c) Put people, means no duty on the outbreak in the region has been declared a State of emergency about the room;

d) does not make the decision forced the destruction of animals, food and other items at risk do spread the disease to the people in the region have declared a State of emergency about the room.

6. remedial measures: a) enforce sanitation measures, removal, cleansing in the region have room for acts specified in point d of paragraph 1 of this article;

b) Forced to refund the money collected is not correct provisions of the law for acts specified in point b of paragraph 2 of this Article;

c) forced the destruction of animals, plants and other objects is mediated transmission in Group A for the acts specified in point c of paragraph 4 and 5 of this paragraph d points.

Article 11. Violation of the provisions on medical quarantine border 1. A fine from 1,000,000 to 2,000,000 VND VND for acts not to make declarations about border health quarantine regulations.

2. A fine of 2,000,000 to 5,000,000 đồng VND from for one of the following behaviors: a) refuse medical testing, non-observance of the instructions made reality check of the quarantine medical officer for the objects to the quarantine;

b) No signal please check out the room prescribed for medical home means water transportation and entry;

c) does not implement the measures against rats and other disease transmission on intermediate means of transport when the media do, anchoring at night or too 24 hours in the area, medical quarantine area.

3. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) modify, erase or fake quarantine certificates;

b) use of a certificate of inspection, ship sanitation inspection exemption not correct regulation of the Minister of health;

c) transported his body cremated, ashes, special products, such as probiotics, bacteria, tissues, human body parts, blood and blood components through the gate that has not hosted a health quarantine inspection and quarantine certificates;

d) conceal or remove status to medical quarantine.

4. A fine of 15,000,000 VND to 25,000,000 Council for one of the following behaviors: a) do not perform medical quarantine, medical processing as for the means of transport carrying infectious pathogens in Group A;

b) used, the food supply does not guarantee food safety, have no origin, of unknown origin, the term used in the area of the gate, on the means of transport, entry, transit.

5. The handling of administrative violations with regard to the violations of the following provisions are made under the provisions of Decree No. 117/2009/ND-CP on December 31, 2009 of the Government on the handling of misconduct in the field of environmental protection: a) export, import older items transit, used vehicles that do not declare the quarantine medical organizations with or without quarantine certificates of medical quarantine organization;

b) dispose of the waste is not in the right place when the regulation of entry, exit, transit;

c) drained ballast Board is not properly regulated by law, dispose of the waste have pathogen and hazardous elements prior to the Organization of medical quarantine measures enforced medical processing.

6. remedial measures: a) the Forced quarantine measures applied health, quarantine medical coercive, handled healthcare for persons, transport means, the cargo carrying infectious pathogens in Group A for the acts specified in point a of this clause 4;

b) forced the destruction of food for acts specified in point b of this clause 4;

c) Forced to restore original state has been changed due to the behavior specified in point b and point c paragraph 5 of this Article.

Article 12. Violation of the provisions on preventive medicine fines from 500,000 to 2,000,000 VND VND for the behavior allows or facilitates the infection directly to do things easily cause spreading of infectious diseases.

Section 2 VIOLATION of the ENVIRONMENTAL health ADMINISTRATION, FORMS and FINES article 13. Breach of hygiene regulations on water and air 1. Warning or fine from 50,000 to 500,000 Dong Dong for litter behavior, waste, waste of people and cattle have a mass less than 1 m3/day on water sources used for dining, living and public areas.

2. A fine of from 500,000 to 1,000,000 VND VND for litter behavior, waste, waste of people and cattle have enough volume from 1 m3/day or more on water source for dining, living and public areas.

3. A fine of from 1,000,000 to 5,000,000 đồng VND for organizations and individuals to offer dining, living water has the capacity under 1,000 m3/day when violation of one of the following behaviors: a) does not make the provisions of the water quality monitoring tests of eating, living according to the regulations of the Minister of health;

b) does not make the provisions of the law on the protection of the environment in relation to the protection of source water when tap water to produce water, living water;

c) offers dining, living water does not guarantee the provisions of a national technical regulation on the quality of water, living water.

4. A fine of 5,000,000 VND to 10,000,000 VND for acts not in compliance with the national technical regulation on air ventilation in buildings.

5. Fine fellow to 20,000,000 25,000,000 Council for acts done providing dining, living water has enough capacity from 1,000 m3/day or more when offense one of the acts specified in paragraph 3 of this article.

6. The handling of administrative violations with regard to the violations of the provisions on discharge of waste water, gas, dust, made under the provisions of Decree No. 117/2009/ND-CP on December 31, 2009 of the Government on the handling of misconduct in the field of environmental protection.

7. remedial measures: enforce the remedy environmental pollution due to administrative violations perpetrated against the acts specified in clause 1 and clause 2 of this Thing.

Article 14. Violation of the regulations of 1 cremation, burial. Warning or fine from 500,000 to 1,000,000 VND VND for one of the following behaviors: a) not implemented or not implemented in full the provisions of the law of sanitation operations in encoffining, marinated, preserved corpse, the remains of the dead due to the common cause;

b) do not use personal protective equipment in the process of implementation of the interred, cremated;

c) no record books record information related to the implementation of the funeral at funeral homes, cremation buildings.

2. A fine of 2,000,000 to 5,000,000 đồng VND from for one of the following behaviors: a) funeral home, cremation buildings does not guarantee the hygiene conditions in accordance with the law;

b) land use on other purposes before 12 months from time of funeral reform, except for the cases stipulated in art. 5 of this Article;

c) infringe regulations on sanitation in organizing the funeral;

d) infringe regulations on time.

3. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) not implemented or not implemented in full the provisions of the law of sanitation operations in encoffining, marinated, preserved corpse, the remains of people who died of infectious diseases in Group A and a number of infectious diseases in Group B (in the category of infectious diseases required to quarantine as stipulated by the Minister of health);

b) does not make the handling of deaths due to infectious diseases in Group A and a number of infectious diseases in Group B (in the category of infectious diseases quarantine is mandatory under the regulations of the Minister of health);

c) does not comply with the regulations of the Minister of health about the collective funeral.

4. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) do not comply with the rules on the handling of remains, the remains and the surroundings when moving his body, remains in the case releases the cemetery that has not enough time buried under the regulation of the Minister of health;

b) use of land has been used as a cemetery before the prescribed time limit without conducting reviews of the extent of environmental pollution and have handled the environmental hygiene consistent with the level of pollution.

5. A fine fellow to fellow 30,000,000 20,000,000 words for one of the following behaviors: a) the use of land has been used as a cemetery before the specified time on the following purposes: exploiting ground water serves the purpose of living, eating and food processing; construction of public buildings such as tourism, recreation areas, kindergartens, schools, nursing homes without conducting reviews of the extent of environmental pollution and have handled the environmental hygiene consistent with the level of pollution;

b) use technology to incineration does not meet the requirements on the handling of the waste.

Article 15. Violating regulations on labor hygiene


1. Fines for acts not performed health check before hiring or not labor arrangements pursuant to health standards for each of the lines or the type with the following levels: a VND 500,000 fine) to 2,000,000 for breach of contract under 20 employees;

b) fine from 5,000,000 VND 2,000,000 VND to for offense from 20 employees to under 100 employees;

c) fine from 5,000,000 VND to 10,000,000 VND for violation of from 100 workers to under 500 employees;

d) fine from 10,000,000 to 15,000,000 Board Council for violating from 500 employees or more.

2. In addition to the sanctions violations of the law specified in paragraph 1 of this article, the sanctioning of administrative violations of the labor hygiene is also made under the provisions of Decree No. 47/2010/ND-CP on 06 May 2010 of the Government regulation of administrative punishment of violations of the labour law.

Article 16. Violating regulations on management of chemicals, insecticides, preparations used in sterilizing medical and 1. Warning or fine from 500,000 to 1,000,000 VND VND for one of the following behaviors: a) Contains chemical products, packaging, insect, bactericide used in appliances and health by the incorrect item to the manufacturer's instructions or risk confusion with respect to the products , other goods;

b) remove container, containers of chemicals, insecticides, preparations used in sterilizing medical and household rules after use.

2. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) Not done properly according to the regulations regarding the conditions of production, trading chemicals, insecticides, preparations used in sterilizing medical and household;

b) does not make rules about packing, storage and transportation of chemicals, insecticides, preparations used in sterilizing medical and household;

c) improper product labeling content as registered with the authorities;

d) improperly assay procedure was the Ministry of Health issued for the Organization to conduct the assay.

3. A fine from 10,000,000 to 15,000,000 VND VND for one of the following behaviors: a) the production, trading chemicals, insecticides, preparations used in sterilizing medical and that the certificate of registration of circulating this product has expired;

b) producing, trading chemicals, insecticides, preparations used in sterilizing medical and non-standard as announced;

c) producing, trading chemicals, insecticides, preparations used in sterilizing medical and not yet registered certificates in circulation in Vietnam;

d) advertise chemicals, insecticides, preparations used in sterilizing medical and have no receptive votes registered profile ad by the competent health authorities or incorrect ads with the content already registered or do not modify ad content at the request of the competent health authorities.

4. A fine fellow to fellow 20,000,000 15,000,000 words for business behavior of chemicals, insecticides, preparations used in sterilizing medical and household use has expired.

5. Fine fellow to 35,000,000 40,000,000 for productive behavior contract, trading of chemicals, insecticides, preparations used in sterilizing medical and prohibited use in Vietnam.

6. remedial measures: forcing product destruction violated the provisions in clause 4, 5.

7. In addition to the sanctions violations of the law specified in paragraph 1 and 2 of this article, the sanctioning of administrative violations of chemical substances, preparations for destroying insects, bactericide used in the field of health and also be made under the provisions of Decree No. 90/2009/ND-CP dated 20 October 2009 the Government's regulations on sanctioning administrative violations in the chemical activity.

Article 17. Violation of the provisions of the medical environment 1. A fine from 5,000,000 VND 2,000,000 VND to launch behaviour for UE, dispose of the substance, capable of causing infectious disease spread.

2. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) tables and chairs where the teaching has a size does not match the student stature;

b) not enough natural light or artificial in the classroom;

c) does not guarantee the standard of the area by a student;

d) not enough drinking water, water for washing or latrine for the students under the regulations.

3. The sanctioning administrative violations with respect to the sale of medical garbage behavior not yet processed for facilities manufacturing, processing and recycling to the production of furniture and other items are made according to the provisions of Decree No. 117/2009/ND-CP on December 31, 2009 of the Government on the handling of misconduct in the field of environmental protection.

Section 3 ADMINISTRATIVE VIOLATIONS on prevention of HIV/AIDS, and the FINE FORM of Article 18. Violation of the regulations on information, education and communication in HIV/AIDS 1. Fines for non-periodic behavior 2 years/times the disseminate propaganda in employer base of knowledge, the measures of prevention of HIV/AIDS, combating stigma, discrimination, with people infected with HIV according to the provisions of the law on prevention of HIV/AIDS with the following level : a VND 500,000 fine) to 1,000,000 VND for establishments employing 50 people;

b) fine from 1,000,000 to 3,000,000 Dong Dong have establishments employing from 50 people to under 200 people;

c) fine from 5,000,000 3,000,000 Dong to Dong had establishments employing from 200 people to under 500 people;

d) fine from 5,000,000 VND to 10,000,000 VND for basis of employers from 500 people to under 1,000 inhabitants;

DD) fine from 10,000,000 to 15,000,000 Board Council had establishments employing from 1,000 people to under 1,500 people;

e) fine from copper to copper 20,000,000 15,000,000 for basis of employers from 1,500 people under 2,500 people;

g) fine from copper to copper 25,000,000 20,000,000 for basis of employers from 2,500 inhabitants or more.

2. A fine of 5,000,000 3,000,000 Dong to Dong for one of the following behaviors: a) provides news, data, wrong about the HIV/AIDS epidemic situation;

b) put information, negative image of people infected with HIV;

c) hinder the implementation of information, education and communication on HIV/AIDS;

d) Not teaching Organization for students, students, students about prevention of HIV/AIDS, integrating with sex education, reproductive health and the implementation of the activities, other HIV/AIDS curricula were competent State agencies for approval.

3. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) refused cooperation with the Agency, HIV/AIDS in the implementation of propaganda about HIV/AIDS;

b) No organized propaganda, education on HIV/AIDS for workers, who go to school;

c) Does advocacy organisation on prevention of HIV/AIDS for the audience in an management of detoxification establishments, social protection establishments, prisons, detention camps, the institution, the school brought.

4. A fine from 10,000,000 to 15,000,000 VND VND for one of the following behaviors: a) announced the wrong authority on the figures, the situation of HIV/AIDS epidemic;

b) do collect money for the program information, education and communication on HIV/AIDS on the mass media, except in the case of a contract with the national target programme on prevention of HIV/AIDS or by individual organizations in the country, foreign funding;

c) disclosed to other people know the person infected with HIV without the consent of that person, unless otherwise specified on the notice of examination results in article 30 of the law on the prevention of virus infection causing immunodeficiency syndrome made in people (HIV/AIDS);

d) Not done or done incorrectly the rules of the time, duration, location, posting information about HIV/AIDS as prescribed by law;

DD) taking advantage of active information, education, communication about HIV/AIDS to provoke, detrimental to the political, security, social order and safety, cultural traditions, ethnic, moral society.

5. Fine fellow to 20,000,000 15,000,000 VND for one of the following behaviors: a fabricated news about) HIV infection for people not infected with HIV;

b) publicly your name, address, pictures of people infected with HIV without the consent of that person, unless otherwise specified on the notice of the results of tests stipulated in article 30 of the law on the prevention of virus infection causing immunodeficiency syndrome made in people (HIV/AIDS);

c) using the image, the message the media is stigmatized, discriminated against people with HIV infection and HIV-infected family members.

6. remedial measures: a) Forced to apologize publicly, on the mass media in the area continuously for 3 days for the acts specified in point a, b paragraph 2, points a, c paragraph 4, paragraph 5 of this article, except in the case of HIV-infected people don't agree sorry the public, themselves infected with HIV;

b) forced the return of the money was improperly prescribed by law for the acts specified in point b of paragraph 4 of this Article.

Article 19. Violation of the rules on HIV testing and counselling 1. A fine of 1,000,000 to 3,000,000 đồng VND for one of the following behaviors: a) perform HIV tests but not advice before and after the tests for the object to be tested;

b) infringe regulations on feedback list of people infected with HIV in HIV/AIDS surveillance;

c) Not reported HIV-positive test results for their spouse or to the person preparing to marry me;

d) infringe regulations on storing test results, storage and destruction of the samples of blood, blood products, blood bags, samples of HIV infection;

DD) infringe regulations on reporting HIV/AIDS as prescribed by the Minister of health;

e) infringe regulations on the establishment and operation of the advisory organization on prevention of HIV/AIDS under the regulations the Minister of health;


g) right of access to counselling about HIV/AIDS;

h) No advice about prevention of HIV/AIDS for women infected with HIV during pregnancy, lactation, people exposed to HIV.

2. A fine of 5,000,000 3,000,000 Dong to Dong for one of the following behaviors: a) violation of the rules of procedure, HIV testing techniques;

b) breached the rules on order and announced HIV-positive test result according to the regulations of the Minister of health;

c) perform HIV tests for people under the age of 16, who lost the capacity for civil acts without the written consent of parents or guardians of that person;

d) collect the money of the tests required for examination under the provisions of paragraph 1 Article 28 of law prevention of virus infection causing immunodeficiency syndrome made in people (HIV/AIDS);

DD) collect HIV tests for pregnant women voluntary HIV tests;

e) Not done or done incorrectly processes the content of counseling before and after HIV tests according to the regulation of the Minister of health;

g) Not held consultation before and after tests for the base have taken HIV tests.

3. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) reported HIV-positive test result when it results not yet qualified lab confirmed is positive;

b) reported positive HIV test results to the test when not allowed.

4. A fine from 10,000,000 to 15,000,000 VND VND for one of the following behaviors: a) mandatory HIV tests, except where the provisions of article 24 and Article 28 the law on prevention of virus infection causing immunodeficiency syndrome made in people (HIV/AIDS);

b) HIV test by the type of diagnostic products has expired or is not yet the Minister of health for travelling.

5. additional sanctions: deprived of the right to use the certificate of practice during the 6 months for acts specified in point a of paragraph 2 and point b paragraph 4 of this Article.

6. remedial measures: a) Forced to refund the money collected is not correct provisions of the law for acts specified in point d, e clause 2 of this Thing;

b) forced the destruction of expired diagnostic products using specified in point b of paragraph 4 of this Article.

Article 20. Violation of the provisions on health care, the treatment of the HIV infection 1. A fine from 5,000,000 to copper copper 3,000,000 for one of the following behaviors: a) do not comply with the rules of procedures, treatment of HIV/AIDS as prescribed by the Minister of health;

b) prescription drug resistant HIV but no certificate has been through training, training in the treatment of HIV/AIDS;

c) perform the treatment with drug resistant HIV in facilities that do not qualify under the regulation of the Minister of health;

d) fail to comply with the provisions of the legislation on the storage of documents, records, related medical treatment with drug resistant HIV.

2. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) does not guarantee the care of people infected with HIV according to the provisions of article 18 of Decree No. 108/2007/ND-CP dated 26 June 2007 from the Government detailing the implementation of a number of articles of the Law , anti virus infection causing immunodeficiency syndrome made in people (HIV/AIDS);

b) Not done or done incorrectly the rules of priority access for HIV drug resistance HIV under the provisions of Decree No. 108/2007/ND-CP dated 26 June 2007 from the Government detailing the implementation of a number of articles of the law on the prevention of virus infection causing immunodeficiency syndrome made in people (HIV/AIDS);

c) Does the organization management, health care, counseling, treatment for people with HIV infection at the base of detoxification, the basis of social protection, detention, detention camps, the institution, the school brought;

d) do not perform tracking, and implement measures to reduce the spread of HIV from mother-to-child HIV infection for women in pregnancy in an administration;

DD) No guide or HIV prevention treatment for people exposed to HIV;

e) impedes HIV people involved in the care for persons with HIV infection or obstruct them receiving health care services, treatment.

Article 21. Violation of the regulations on harm reduction interventions in HIV prevention 1. Warning or fine from 500,000 to 1,000,000 VND VND for one of the following behaviors: a) do not use the community outreach staff card when making intervention activities harm reduction in HIV prevention;

b) use cards community outreach worker has expired use when implementing the harm reduction interventions in HIV prevention;

c) erased, corrected, or let others borrow the card staff community outreach;

d) Not to announce the deployment of organized activities harm reduction interventions in HIV prevention for the people's Committee of the communes, wards and towns and police agencies the same level where the deploy operation;

DD) employee card Level outreach for people not qualified or do not comply with the order, procedure, jurisdiction under the provisions of the law.

2. A fine of 5,000,000 3,000,000 Dong to Dong for one of the following behaviors: a) uses community outreach worker cards not true purpose, scope of operation or regulation of the program, the project on harm reduction interventions in HIV prevention;

b) Not coordinated with the Agency, local HIV/AIDS in the implementation of harm reduction interventions in HIV prevention;

c) non-compliance according to the content of the program, the project on harm reduction interventions in HIV prevention has been approved by the authority;

d) fail to comply with the substance addiction treatment drug by alternative medicine as prescribed by the Minister of health.

3. A fine from 10,000,000 to 15,000,000 VND VND for one of the following behaviors: a) made to the treatment of addiction to drug substances by alternative medicine but not assigned or no certification training, training on addiction treatment drug substances by alternative medicine;

b) Sell condoms, clean needles and pumps were regulated are provided free of charge or a higher sale price condoms were subsidies;

c) organized the implementation of harm reduction interventions without the approval of the governing body of the competent State;

d) hindering the implementation of harm reduction interventions in HIV prevention;

DD) does not perform the inspection, monitoring of interventions harm reduction of HIV prevention as defined in article 11 of Decree No. 108/2007/ND-CP dated 26 June 2007 from the Government detailing the implementation of a number of articles of the law on the prevention of virus infection causing immunodeficiency syndrome made in people (HIV/AIDS);

e) made to the treatment of addiction to drug substances by alternative medicine for treatment of unqualified people or at the base are not eligible under the regulation of the Minister of health.

4. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) sold alternative addiction treatment drugs drug substances already regulated are provided free of charge;

b) made to the treatment of addiction to drug substances by alternative medicine have not been allowed to circulate;

c) do not perform in the words "provides free, not sold" on the packaging or the label side of the condoms, clean needles and pumps in the program, the project on harm reduction interventions in HIV prevention.

5. additional sanctions: a) seizure medication alternative for violations specified in point b of this clause 4;

b) deprived of the right to use the certificate of practice during the 6 months for acts specified in point a of paragraph 3, point a, b paragraph 4 of this Article.

Article 22. Violation of the provisions of the anti-discrimination legislation, discrimination against persons infected with HIV 1. A fine from 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) refused employment because of applicant HIV workers, except where the provisions of article 20 of Decree No. 108/2007/ND-CP dated 26 June 2007, detailing the implementation of a number of articles of the Law , anti virus infection causing immunodeficiency syndrome made in people (HIV/AIDS);

b) impede or refuse to accept children, pupils, students, trainees, enrolled in educational institutions in the national education system for reasons that people infected with HIV or who have family members infected with HIV;

c) father, mother neglected juvenile children infected with HIV; guardian neglected people are themselves guardians of HIV infection;

d) impede or refuse to accept on the basis of social protection because HIV infection;

DD) impede or refuse buried, cremated the dead for reasons related to HIV/AIDS;

e) separate prohibition, restriction, students, students, students participating in activities, services of the facility because of the reason that people infected with HIV or who have family members infected with HIV;

g) refuse treatment, cure for sick people because people know or suspect that HIV infection;

h) discrimination with HIV infection when caring people, treating them.

2. A fine from 10,000,000 to 15,000,000 VND VND for one of the following behaviors: a) the employers not job matching health and qualification of workers infected with HIV;

b) terminated the employment contract, contract work or cause difficulties in the process of work of workers because workers infected with HIV;

c) forced laborers still healthy enough to transfer the work to which they are kept for reasons of workers infected with HIV;

d) refused to raise wages, promoted or not secured the rights, legitimate interests of workers because workers infected with HIV;

DD) discipline, chasing students, students, students for reasons that people infected with HIV or are members of the family have the HIV infection.

3. the remedial measures:


a) Forced to apologize directly who suffer discrimination with regard to the behaviour defined in point g and point h paragraph 1 of this article;

b) Forced to receive and conduct the burial, cremation, the corpse remains for people infected with HIV for the acts specified in paragraph 1 of this article the DUS points;

c) Forced receiving HIV-infected people for acts specified in point a, b, c, d paragraph 1, point b, paragraph 2 of this Article;

d) forced the restore location of the work for the acts specified in point c of paragraph 2 of this Article.

Article 23. Violation of the provisions of the law on prevention of HIV/AIDS 1. A fine from 5,000,000 VND 2,000,000 VND to for one of the following behaviors: a) require HIV tests or present the results of HIV tests for the applicant, except where the provisions of article 20 of Decree No. 108/2007/ND-CP dated 26 June 2007 from the Government detailing the implementation of a number of articles of the Law , anti virus infection causing immunodeficiency syndrome made in people (HIV/AIDS);

b) require HIV tests or required HIV test results for students, students, students or people to apply.

2. A fine from 10,000,000 to 15,000,000 VND VND for one of the violations of the regulations on blood transfusions, about the myriad bacteria, antiseptic and other regulations regarding expertise in handling the room the HIV infection.

3. A fine fellow to fellow 20,000,000 15,000,000 words for one of the following behaviors: a) the threat of HIV transmission to others;

b) using operation, against HIV/AIDS to the shaft or perform other unlawful behavior.

Chapter III the AUTHORITY SANCTIONING ADMINISTRATIVE VIOLATIONS of health, environmental health, and HIV/AIDS. 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) confiscated exhibits, media, tools valuable to 2,000,000 transgressions.

d) apply remedial measures specified in the point e, g, h, i and k paragraph 3 article 2 of this Decree.

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) apply the additional sanctions as stipulated by the law on handling administrative violations;

d) apply remedial measures prescribed in points a, c, d, e, f, g, h, i and k paragraph 3 article 2 of this Decree.

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

b) fines up to 40,000,000;

c) apply the additional sanctions as stipulated by the law on handling administrative violations;

d) apply remedial measures prescribed in paragraph 3 article 2 of this Decree.

Article 25. The authority sanctioning administrative violations of health inspectors, who carry out missions specialised inspection 1. Health inspectors, who are charged with the specialized inspection while on duty have the right: a) caution;

b) a fine of up to 500,000;

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

d) apply remedial measures specified in the point e, g, h, i and k paragraph 3 article 2 of this Decree.

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) apply the additional sanctions as stipulated by the law on handling administrative violations;

d) apply remedial measures prescribed in points a, c, d, e, f, g, h, i and k paragraph 3 article 2 of this Decree.

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

b) fines up to 40,000,000;

c) apply the additional sanctions as stipulated by the law on handling administrative violations;

d) apply remedial measures prescribed in paragraph 3 article 2 of this Decree.

Article 26. Principle of determining the jurisdiction of sanctioning administrative violations of health, environmental health, and HIV/AIDS 1. Chairman of people's Committee of the authority sanctioning administrative violations of health, environmental health, and HIV/AIDS in the local management scope under the jurisdiction specified in article 24 of this Decree.

2. the health inspector, who was tasked with inspection specialized in sanctioning administrative violations of health, environmental health, and HIV/AIDS with regard to the administrative offences specified in chapter II of this Decree and other administrative violations related to preventive medicine environmental, health and HIV/AIDS specified in the Decree of the Government on sanctioning administrative violations in the field of governance under the jurisdiction specified in article 25 of this Decree.

3. in case of violation of the administrative regulations in this Decree sanctioning jurisdiction of many agencies, the sanction by the Agency accepting the first made.

4. where the sanction a person perform many administrative violations of health, environmental health, and HIV/AIDS, the sanctioning authority defined under the provisions of article 42 of the Ordinance on handling administrative violations.

Chapter IV article 27 ENFORCEMENT TERMS. Effective enforcement of this Decree has effect as from October 1, 2011.

Removal of Articles 8, 9, 10, 11, 12, 13 and 14 of Decree No. 45/2005/ND-CP dated April 6, 2005 of the Government regulation on sanctioning administrative violations in the field of health.

Article 28. 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.