From May 15, 2026, Decree No. 90/2026/ND-CP of the Government stipulating penalties for administrative violations in the field of health officially takes effect. The Decree supplements many new regulations, adjusts penalties in a stricter direction, contributing to strengthening discipline and improving the effectiveness of state management in the field of health and health insurance (HI).
Decree No. 90/2026/ND-CP specifically stipulates administrative violations, forms of penalties, levels of penalties and remedial measures for many groups of health sectors. Administrative violations in the health sector are defined as acts with fault committed by individuals or organizations, violating legal regulations on state management in health but not serious enough to be prosecuted for criminal liability.
The areas being adjusted include: preventive medicine; HIV/AIDS prevention and control; medical examination and treatment; pharmaceuticals, cosmetics; medical equipment; health insurance and population. The issuance of the new decree aims to complete the legal corridor, meet management requirements in practice, and promptly handle arising violations.
Notably, Decree No. 90/2026/ND-CP supplements and adjusts many contents to tighten management in health activities. These include regulations related to the business and use of nutritional products for young children; regulations on medical examination and treatment practice; import and export activities of drugs and drug ingredients. Many violations are also adjusted to increase penalties to ensure deterrence.
In the field of health insurance, the decree clarifies many common violations such as late payment, evasion of health insurance payment but not to the extent of criminal prosecution; making lists of participants not in accordance with regulations; putting people not under management on the list of health insurance participants; using health insurance cards not in accordance with regulations when going for medical examination and treatment.
A noteworthy new point is the decree supplementing violations related to the establishment of health insurance participation lists. This regulation aims to tighten the responsibilities of employers in ensuring health insurance benefits for employees.
Accordingly, in cases where employers do not compile or incompletely list the number of people eligible for health insurance participation within 60 days from the expiration date, but have not reached the level considered to be evading payment, they will be fined from 1 million VND to 35 million VND, depending on the number of violating workers.
For acts of lending health insurance cards to others or using other people's health insurance cards for medical examination and treatment, the fine is applied from 1 million VND to less than 20 million VND, based on the nature and severity of the violation.
The Decree also stipulates a fine of 300,000 VND to 500,000 VND for cases that are required to participate in health insurance but do not participate. In addition, employers who do not create or create incomplete lists of people who must participate in health insurance 60 days after the regulated expiration date may be fined from 2 million VND to 70 million VND, depending on each specific case.
Along with the penalty levels, Decree No. 90/2026/ND-CP clearly stipulates remedial measures corresponding to each violation.
