Ministry of Health proposes fines of 10-30 million VND for disseminating inaccurate medical information

The Ministry of Health says a growing amount of online content related to medical examination and treatment is inaccurate and may promote methods or therapies that have not been scientifically verified or approved by competent authorities, including “natural healing,” treating cancer with alkaline water, fasting and detox therapies, and high-dose lemon therapy.

The ministry warns that such information is increasingly posted on the internet, causing serious misunderstandings and drawing people away from conventional medical treatment plans, directly affecting health and lives. It also notes that the behavior violates Article 7 of the Law on Medical Examination and Treatment.

Proposed administrative penalties for online medical misinformation

The Department of Medical Examination and Treatment under the Ministry of Health proposes and contributes opinions on a draft Decree on administrative penalties in the field of cyber security and personal data protection, which is currently being circulated for feedback among ministries, sectors, units, and organizations.

To curb the situation, the department proposes adjusting and increasing fines from 10,000,000 VND to 20,000,000 VND for specific acts.

Fines of 20,000,000 VND

The ministry proposes a fine of 20,000,000 VND for the following acts:

1. Posting or disseminating information, advisory content, or introducing products, services, devices, or goods under the guise of medical examination and treatment, replacement of medicines, or treatment regimens that contravene the law.

   The Ministry of Health says misinformation about medical examination and treatment online is often linked to commercial or profit-seeking motives, such as selling dietary supplements, unverified medical devices, detox products, immunity-boosting products, home remedies, or paid courses or treatment-consulting services.

   It adds that an explicit provision would provide a clear legal basis to handle these violations and curb the exploitation of patients’ trust for unlawful business.

2. Disseminating information about methods, therapies, remedies, or techniques for medical examination or treatment that have not been scientifically verified or are not allowed by competent authorities to apply in Vietnam.

3. Disseminating information that incites, lures, or guides patients to abandon, delay, or replace treatment regimens recognized by competent authorities, posing risks to health and life of patients.

Penalties of 20,000,000 VND to 30,000,000 VND

The Ministry of Health also proposes penalties ranging from 20,000,000 VND to 30,000,000 VND for the following acts:

• Producing information about methods, therapies, remedies, or techniques for medical examination or treatment that have not been scientifically verified or are not permitted by competent authorities to apply in Vietnam.

• Producing information that incites, lures, or guides patients to abandon, delay, or replace treatment regimens recognized by authorities, causing danger to health or life.

Exceptions and remedial measures

The Ministry of Health proposes that the above penalties do not apply to individuals who share personal experiences about the process of medical examination and treatment, provided it is not for advertising, professional consultation, or profit from providing medical products, services, or treatment methods.

Regarding remedial measures, the ministry proposes adding requirements to return or repay any illicit gains obtained from violations of the proposed provisions.

Rationale

The Department of Medical Examination and Treatment emphasizes that these proposals are necessary and meaningful at the current time to strengthen public health protection and to prevent and effectively address acts that exploit cyberspace to disseminate, advertise, and advise on medical examination and treatment methods that do not comply with regulations.