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Edited Time: April 21, 2022Edited by: adminCategory: Publications

Recently, there are newly reported COVID-19 cases in some cities in China. If you currently live in China, your life, work and business may have been affected by the local COVID-19 pandemic prevention and control measures.

For your reference, we address some relevant common queries related to the epidemic and the corresponding measures in the way of Q&A.

Question 1: If I refuse to have the COVID-19 nucleic acid test, what kind of legal responsibility I will bear?

According to Article 12 of the Law of the People’s Republic of China on Prevention and Treatment of Infectious Diseases (2013 Amendment), all units and individuals within the territory of China shall accept the preventive and control measures taken by the disease prevention and control institutions and medical agencies for investigation, testing, collection of samples of infectious diseases and for isolated treatment of such diseases, and shall provide truthful relevant information.

In addition to the law at the national level mentioned above, there are also local regulations at the provincial and even city level, stipulating that all the units and individuals shall obey the decisions or orders announced by the local government and its subsidiary departments on the prevention and handling measures of a public health emergency.

If you refuse to have the COVID-19 nucleic acid test, you will be held in violation of the provisions of such laws and/or local regulations, the competent government department may order you to make corrections. If the violation threats the public health safety, thus leading to the spread and prevalence of infectious diseases or causing harm or property losses to any other person, you will be held civilly or even criminally liable according to law.

Question 2: If I forge or alter the COVID-19 nucleic acid test report, what kind of legal responsibility I will bear?

According to the Public Security Administration Punishments Law of the People’s Republic of China (2012 Amendment), if anyone counterfeits, alters, buys, or sells any document, certificate, certification document, or seal of any state organ, mass organization, enterprise, public institution or any other organization, he/she shall be detained for not less than 10 days but not more than 15 days, and may be concurrently fined not more than RMB1,000. If the circumstances are relatively lenient, he (she) shall be detained for not less than 5 days but not more than 10 days, and may be concurrently fined not more than RMB500.

If the above-mentioned behaviors have caused the spread or posed a grave danger of the spread, of COVID-19 or an infectious disease against which the measures for the prevention and treatment of COVID-19 shall be taken as determined in accordance with the law shall be sentenced to imprisonment of not more than three years or limited incarceration; or if the consequences are especially serious, be sentenced to imprisonment of not less than three years nor more than seven years. More seriously, if the confirmed patient of COVID-19 forged or altered nucleic acid test report for inspection, he/she may be held endangering public security by dangerous means and be punished with more serious criminal responsibility.