What is the basis for sanctioning people “for leaving without plausible reasons”?



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Immediately after the Government issued Directive 16, which implements social isolation since April 1, HCMC Vice President Le Thanh Liem ordered the City Justice Department to advise on the management of “external” behavior. there is no good reason. “

On April 10, the Ho Chi Minh City Justice Department issued a document advising on this issue. According to the Ho Chi Minh City Justice Department, recently, some towns have also imposed sanctions when people go out without good and necessary reasons.

What is the basis for sanctioning people

The functional forces of District 3, Ho Chi Minh City, make a written record of administrative sanctions against violators of regulations during the time of social isolation (photo: Pham Nguyen)

The Justice Department cited several cases reported by the press, such as on April 5, the Ha Dong District Police (Hanoi City) searched, imposed administrative sanctions on five people who took to the streets without reason. Each person was fined 200,000 VND.

In addition, the task forces around Hoan Kiem Lake have handled 3 cases of crowded people, there is no need to go to the streets in Ly Thai to protect themselves with a fine of 22.5 million.

According to the Ho Chi Minh City Department of Justice, the current law has no specific regulations on penalties for getting on or off the road without good or unnecessary reason. However, the sanction by the authorities on people who “have left without a good / necessary reason” in the past is justified.

According to the Department of Justice, these agencies do not directly sanction the act of “leaving without good and necessary reasons,” but rather punish people for leaving without appropriate / necessary reasons. social cup

Because this constitutes behavior “Personal protection measures will not be taken against participants in epidemics and people at risk of epidemic diseases under the guidance of medical agencies” or behavior “failure to comply with the decision on the application of measures to restrict crowds of people” It is stipulated in Article 11 of Decree No. 176/2013 / ND-CP.

Since then, localities have applied provisions to handle violations of regulations on the application of anti-epidemic measures in Article 11 of Decree No. 176/2013 / ND-CP to sanction people who have “left without a valid reason / necessary. “

Therefore, to continue the effective implementation of urgent measures to prevent and control Covid-19, including social isolation under Prime Ministerial Directive No. 16, the Department of Justice proposed agencies. Competent authorities and local governments should continue to strengthen the inspection, detection and management of the violations stipulated in Decree 176.

Article 11 of Decree No. 176/2013 / ND-CP

Violate regulations on the application of anti-epidemic measures

1. Warning or a fine of between VND 100,000 and VND 300,000 for one of the following acts:

a) Failure to implement measures to protect people against epidemic participants and people at risk of epidemics under the guidance of health agencies;

b) Failure to notify the Popular Committee and the preventive medicine agency in the area of ​​cases of epidemic diseases as prescribed by law.

2. A fine of between VND 1,000,000 and VND 2,000,000 for one of the following acts:

a) Hide the state of their diseases or those of others when an infectious disease has been declared an epidemic;

b) Do not apply or refuse to apply hygiene, disinfection and disinfection measures in epidemic areas.

3. A fine of between VND 2,000,000 and 5,000,000 for one of the following acts:

a) Not participate in the prevention and control of epidemics by virtue of the decision to mobilize the Steering Committee against the epidemic;

b) Charge examination and treatment fees for cases of group A infectious diseases;

c) Failure to comply with the decision to force the destruction of animals, plants and other animals that are vectors of disease transmission, except in the case specified in Point c Clause 5 of this Article.

4. A fine of between VND 5,000,000 and VND 10,000,000 for one of the following acts:

a) Non-compliance with the decision on the application of measures to suspend the operation of public food and beverage establishments, which threaten to spread epidemics in epidemic areas;

b) Failure to comply with the decision on the application of measures to prohibit the trade and use of foods that are vectors of disease transmission;

c) Failure to execute a decision on the application of measures to restrict crowds or suspend commercial and service activities in public places.

5. A fine of between VND 10,000,000 and VND 20,000,000 for one of the following acts:

a) Failure to execute decisions on medical examination, supervision and management before entering or leaving the group A epidemic areas;

b) Out of the epidemic areas of Group A, articles, animals, plants, food and other goods capable of spreading epidemics;

c) Failure to comply with the decisions on the forced destruction of animals, food, plants and other objects that are vectors of Group A.

6. A fine of between VND 20,000,000 and VND 30,000,000 for one of the following acts:

a) Failure to comply with the requirements of medical examination and handling of transport vehicles before leaving the epidemic areas in a state of epidemic emergency;

b) Failure to comply with the decision to prohibit the gathering of large numbers of people in areas where a state of emergency has been declared;

c) Bring unauthorized persons or means to an epidemic area in an area where a state of emergency has been declared;

d) Failure to comply with the decision to force the destruction of animals, food, plants and other objects at risk of spreading the epidemic to humans in regions where a pandemic emergency has been declared.

7. Remedies:

a) Forced application of hygiene, disinfection and disinfection measures in epidemic areas, for the acts prescribed in Point b, Clause 2 of this Article;

b) Forced reimbursement of amounts of money collected that do not comply with the legal provisions, for the acts prescribed in Point b, Clause 3 of this Article. In the event that the object cannot be returned, it will be remitted to the state budget;

c) Forced destruction of animals, food, plants and other objects by acts prescribed in Point c, Clause 5 and Point d, Clause 6 of this Article.

Quốc Anh



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