Chương 3 Nghị định 176/2013/NĐ-CP: Thẩm quyền xử phạt vi phạm hành chính trong lĩnh vực y tế

Chapter 3.

ENTITLEMENTS TO IMPOSE PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST MEDICINE LAWS

Article 89. Entitlements of Presidents of the People’s Committees to impose penalties

1. Presidents of the People’s Committees of communes are entitled to:

a) Give warning;

b) Impose a fine of up to 3,000,000 VND for every violation pertaining to population; up to 5,000,000 VND for every violation pertaining to defensive medicine, HIV/AIDS prevention, health insurance, medical examination, medical treatment, pharmaceuticals, cosmetics, and medical equipment;

b) Confiscate illegal items the value of which does not exceed the rate of fine mentioned in Point b of this Clause;

dd) Take the remedial measures mentioned in Point a, Point c, and Point dd Clause 1 Article 28 of the Law on Penalties for administrative violations.

2. Presidents of the People’s Committees of districts are entitled to:

a) Give warning;

b) Impose a fine of up to 15,000,000 VND for every violation pertaining to population; up to 25,000,000 VND for every violation pertaining to defensive medicine, HIV/AIDS prevention; up to 37,500,000 VND for every violation pertaining to health insurance; up to 50,000,000 VND for every violation pertaining to medical examination, medical treatment, pharmaceuticals, cosmetics, and medical equipment;

c) Suspend the practising certificate or license;

d) Confiscate illegal items the value of which does not exceed the rate of fine mentioned in Point b of this Clause;

dd) Take the remedial measures mentioned in Points a, c, dd, e, h, and i Clause 1 Article 28 of the Law on Penalties for administrative violations and the those in Article 3 of this Decree.

3. Presidents of the People’s Committees of provinces are entitled to:

a) Give warning;

b) Impose a fine of up to 30,000,000 VND for every violation pertaining to population; up to 50,000,000 VND for every violation pertaining to defensive medicine, HIV/AIDS prevention; up to 75,000,000 VND for every violation pertaining to health insurance; up to 100,000,000 VND for every violation pertaining to medical examination, medical treatment, pharmaceuticals, cosmetics, and medical equipment;

c) Suspend the practising certificate or license, or suspend the operation;

d) Confiscate illegal items;

dd) Take the remedial measures mentioned in Article 3 of this Article.

Article 90. Entitlements of health inspectors to impose penalties

1. Inspectors on duty and the persons assigned to carry out inspections are entitled to:

a) Give warning;

b) Impose a fine of up to 300,000 VND for every violation pertaining to population; up to 500,000 VND for every violation pertaining to defensive medicine, HIV/AIDS prevention, health insurance, medical examination, medical treatment, pharmaceuticals, cosmetics, and medical equipment;

c) Confiscate illegal items the value of which does not exceed the rate of fine mentioned in Point b of this Clause;

dd) Take the remedial measures mentioned in Point a, Point c, and Point dd Clause 1 Article 28 of the Law on Penalties for administrative violations.

2. Chief inspectors of Services of Health and Directors of Sub-departments of Population and Birth Control affiliated to Services of Health are entitled to:

a) Give warning;

b) Impose a fine of up to 15,000,000 VND for every violation pertaining to population; up to 25,000,000 VND for every violation pertaining to defensive medicine, HIV/AIDS prevention; up to 37,500,000 VND for every violation pertaining to health insurance; up to 50,000,000 VND for every violation pertaining to medical examination, medical treatment, pharmaceuticals, cosmetics, and medical equipment;

c) Suspend the practising certificate or license, or suspend the operation;

d) Confiscate illegal items the value of which does not exceed the rate of fine mentioned in Point b of this Clause;

dd) Take the remedial measures mentioned in Article 3 of this Article.

3. Chief inspectors of Ministries, the Director of the Department of Population and Birth Control, the Director of the Drug administration of Vietnam, the Director of Medical Examination and Treatment Administration, and the Director of Medical Setting Management Administration, the Director of Defensive medicine Administration are entitled to:

a) Give warning;

b) Impose a fine of up to 30,000,000 VND for every violation pertaining to population; up to 50,000,000 VND for every violation pertaining to defensive medicine, HIV/AIDS prevention; up to 75,000,000 VND for every violation pertaining to health insurance; up to 100,000,000 VND for every violation pertaining to medical examination, medical treatment, pharmaceuticals, cosmetics, and medical equipment;

c) Suspend the practising certificate or license, or suspend the operation;

d) Confiscate illegal items;

dd) Take the remedial measures mentioned in Article 3 of this Article.

4. Chiefs of inspectorates of Ministries are entitled to:

a) Give warning;

b) Impose a fine of up to 21,000,000 VND for every violation pertaining to population; up to 35,000,000 VND for every violation pertaining to defensive medicine, HIV/AIDS prevention; up to 52,500,000 VND for every violation pertaining to health insurance; up to 70,000,000 VND for every violation pertaining to medical examination, medical treatment, pharmaceuticals, cosmetics, and medical equipment;

c) Suspend the practising certificate or license, or suspend the operation;

d) Confiscate illegal items the value of which does not exceed the rate of fine mentioned in Point b of this Clause;

dd) Take the remedial measures mentioned in Article 3 of this Article.

5. The entitlements of the chiefs of inspectorates of Services of Health and chiefs of inspectorates of other authorities appointed to carry out inspections are similar to those in Clause 2 of this Article.

Article 91. Entitlements of market surveillance officers to impose penalties

1. Market surveillance officers are entitled to:

a) Give warning;

b) Impose a fine of up to 500,000 VND for every violation pertaining to defensive medicine, medical examination, medical treatment, pharmaceuticals, cosmetics, and medical equipment.

2. Market surveillance team leaders are entitled to:

a) Give warning;

b) Impose a fine of up to 25,000,000 VND for every violation pertaining to defensive medicine, medical examination, medical treatment, pharmaceuticals, cosmetics, and medical equipment;

c) Confiscate illegal items the value of which does not exceed the rate of fine mentioned in Point b of this Clause;

d) Take the remedial measures mentioned in Points a, dd, e, h, and I Clause 1 Article 28 of the Law on Penalties for administrative violations and the those in Article 3 of this Decree.

3. Directors of Sub-departments of Market Surveillance affiliated to Services of Industry and Trade, chiefs of Anti-smuggling Department, Anti-counterfeits Department, and Goods Quality Control Department affiliated to Market Surveillance Agency are entitled to:

a) Give warning;

b) Impose a fine of up to 50,000,000 VND for every violation pertaining to defensive medicine, medical examination, medical treatment, pharmaceuticals, cosmetics, and medical equipment;

c) Confiscate illegal items the value of which does not exceed the rate of fine mentioned in Point b of this Clause;

d) Suspend the practising certificate or license, or suspend the operation;

dd) Take the remedial measures mentioned in Article 3 of this Article.

4. The Director of Market Surveillance Agency is entitled to:

a) Give warning;

b) Impose a fine of up to 25,000,000 VND for every violation pertaining to defensive medicine; up to 100,000,000 VND for every violation pertaining to medical examination, medical treatment, pharmaceuticals, cosmetics, and medical equipment;

c) Confiscate illegal items;

d) Suspend the practising certificate or license, or suspend the operation;

dd) Take the remedial measures mentioned in Article 3 of this Article.

Article 92. Entitlements of police officers to impose penalties

1. Police officers on duty are entitled to:

a) Give warning;

b) Impose a fine of up to 300,000 VND for every violation pertaining to population; up to 500,000 VND for every violation pertaining to prevention of harmful effects of tobacco.

2. The officers senior to the persons mentioned in Clause 1 of this Article are entitled to:

a) Give warning;

b) Impose a fine of up to 900,000 VND for every violation pertaining to population; up to 1.500,000 VND for every violation pertaining to prevention of harmful effects of tobacco.

3. Chiefs of police departments of communes are entitled to:

a) Give warning;

b) Impose a fine of up to 1,500,000 VND for every violation pertaining to population; up to 2.500,000 VND for every violation pertaining to prevention of harmful effects of tobacco.

c) Confiscate illegal items the value of which does not exceed the rate of fine mentioned in Point b of this Clause;

d) Take the remedial measures mentioned in Point a, Point c, and Point dd Clause 1 Article 28 of the Law on Penalties for administrative violations.

4. Chiefs of police departments of districts, chiefs of police divisions in charge of social orders, chiefs of police divisions in charge of investigation into corruption financial crimes are entitled to:

a) Give warning;

b) Impose a fine of up to 6,000,000 VND for every violation pertaining to population; up to 10,000,000 VND for every violation pertaining to prevention of harmful effects of tobacco;

c) Suspend the practising certificate or license, or suspend the operation;

d) Confiscate illegal items the value of which does not exceed the rate of fine mentioned in Point b of this Clause;

dd) Take the remedial measures mentioned in Points, a, c, dd Clause 1 Article 28 of the Law on Penalties for administrative violations and the those in Article 3 of this Decree.

5. Chiefs of police departments of provinces are entitled to:

a) Give warning;

b) Impose a fine of up to 15,000,000 VND for every violation pertaining to population; up to 25,000,000 VND for every violation pertaining to prevention of harmful effects of tobacco;

c) Suspend the practising certificate or license, or suspend the operation;

d) Confiscate illegal items the value of which does not exceed the rate of fine mentioned in Point b of this Clause;

dd) Take the remedial measures mentioned in Points, a, c, dd and i Clause 1 Article 28 of the Law on Penalties for administrative violations and the those in Article 3 of this Decree.

e) Expel foreign offenders in accordance with the laws on expulsion.

6. Chiefs of the police department in charge of social orders and the police department in charge of investigation into corruption and financial crimes are entitled to:

a) Give warning;

b) Impose a fine of up to 30,000,000 VND for every violation pertaining to population; up to 50,000,000 VND for every violation pertaining to prevention of harmful effects of tobacco;

c) Suspend the practising certificate or license, or suspend the operation;

d) Confiscate illegal items;

dd) Take the remedial measures mentioned in Points, a, c, dd and i Clause 1 Article 28 of the Law on Penalties for administrative violations and the those in Article 3 of this Decree.

Article 93. Entitlements of other bodies to impose penalties

1. The Border guard, the Coastguard, customs authorities, tax authorities, the Director of Vietnam Chemicals Agency, inspectors of the Ministry of Science and Technology, the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Information and Communications, the Ministry of Natural Resources and Environment, the Ministry of Transport, the Ministry of Finance, and other bodies are entitled to impose penalties for the violations under their management in accordance with the Law on Penalties for administrative violations.

2. The entitlements to impose administrative penalties and take remedial measures shall be determined in accordance with Article 52 of the Law on Penalties for administrative violations.

Article 94. Entitlements to make records on administrative violations

The persons entitled to make records on administrative violations against medical laws include:

1. The person entitled to impose penalties.

2. Officials and civil servants working in health bodies and social insurance who discover administrative violations.