Công văn 45/TANDTC-PC

In order to contribute to the effort to control Covid-19 pandemic, Council of Justices of Supreme People's Court hereby provides guidance on application of laws and trial for common criminal offences against regulations of law on epidemic prevention and control (hereinafter referred to as “epidemic control offences”):

1. Determination of offences according to the Criminal Code

1.1. When a person who has been informed that he/she is a confirmed case of Covid-19 infection (hereinafter referred to as “confirmed case”, is suspected of Covid-19 infection (hereinafter referred to as “suspected case”) or returns from an affected area and is requested to quarantine commits one of the following actions and subsequently transmits Covid-19 to another person, he/she will face a charge of “spreading dangerous infectious diseases in human” according to Point c Clause 1 Article 240:

a) Breaking out of the quarantine area;

b) Failure to comply with quarantine regulations;

c) Refusing or avoiding quarantine or enforcement of quarantine;

d) Failure to make or truthfully make health declaration.

1.2. When a person who is not a confirmed case of Covid-19 infection and living in an area that has to be put into quarantine or lockdown under an official decision commits one of the following actions and subsequently causes a loss of 100.000.000 in epidemic control expense or above, he/she will face a charge of “violation against regulations of law on safety in crowded areas” according to Article 295 of the Criminal Code:

a) Breaking out of the area being put in quarantine or lockdown;

b) Failure to comply with quarantine regulations;

c) Refusing or avoiding quarantine or enforcement of quarantine;

d) Failure to make or truthfully make health declaration.

1.3. The owner of a service establishment (bar, dance club, karaoke club, massage parlor, beauty salon, etc.) who continues its operation after a competent authority or competent person has issued a decision on business suspension serving Covid-19 control and causes a loss of 100.000.000 in epidemic control expense or above will face a charge of “violation against regulations of law on safety in crowded areas” according to Article 295 of the Criminal Code.

1.4. A person who posts false information about Covid-19 situation on a computer network or telecommunications network and causes negative reactions will face a charge of “Illegal provision or use of information on computer networks or telecommunications networks” according to Article 288 of the Criminal Code.

1.5. A person who publishes personal information about health worker, a participant in Covid-19 control, a confirmed case or suspected case for the purpose of destroying that person’s honor and dignity will face a charge of “insult to another person” according to Article 155 of the Criminal Code.

1.6. A person who takes advantage of Covid-19 pandemic to provide false information about the effects of a drug or medical device to obtain another person's property will face a charge of “obtainment of property by fraud” in Article 174 of the Criminal Code.

1.7. A person who is caught moving or is found to have moved drugs and medical supplies serving Covid-19 control out of Vietnam’s border will face a charge of “smuggling” according to Article 188 of the Criminal Code.

1.8. A person who takes advantage of the scarcity or fakes scarcity during Covid-19 pandemic to buy in large quantities and stockpile goods from a price stabilization program or goods priced by the State in order to earn illegal profit will face a charge of “hoarding” according to Article 196 of the Criminal Code.

1.9. A person who uses violence or threat of violence or otherwise obstruct a law enforcement officer performing his/her Covid-19 control tasks will face a charge of “Resisting a law enforcement officer in performance of his/her official duties" according to Article 330 of the Criminal Code.

1.10. A person who has responsibility for Covid-19 prevention and control but fails to implement or fully implement epidemic prevention and control measures and causes serious consequence will face a charge for “Negligence that results in serious consequences” according to Article 360 of the Criminal Code.

2. Determination of punishments and judicial measures

2.1. Severe punishments shall be imposed for offences that result in serious consequences (transmitting the disease to more than 01 person, causing death, etc.).

2.2. Fines, community sentence or suspended imprisonment sentence shall be imposed as primary punishments for offences that have not caused serious consequences or have caused less serious consequences (the disease is not transmitted).

2.3. Besides the primary punishments, the court shall consider imposing additional punishments and judicial measures as prescribed in the Criminal Code.

3. Organization of trials for Covid-19-related cases:

3.1. Cooperate with investigation authority and Procuracy of the same level in applying simplified procedures if practicable according to Article 456 of the Criminal Procedure Code; make sure the cases that cannot apply simplified procedures are brought to trial within ½ of the time limit specified in the Criminal Procedure Code;

3.2. Covid-19-related trials during Covid-19 outbreak shall comply with regulations epidemic prevention and control (not more than 10 people in the court room; people other than these 10 people shall stay in a separate room with electronic devices (microphone, speaker, TV, camera, etc.) to participate in the trial; each defendant may be tried individually; maintain a distance of 2 meters between two people in the courtroom.

3.3. On lye people summoned by the court may enter the courtroom;

3.4. The trial process shall be published through mass media for education purpose.

Above is guidance of Council of Justices of Supreme People's Court on adjudication of Covid-19-related offence. According to the epidemic situation, Council of Justices of Supreme People's Court will continue providing guidance on uniform application of laws.