The orderly police, the quick response police, the mobile police, the police for the administrative management of social order within the ambit of their assigned functions and tasks, have the authority to sanction acts that encroach upon the hearts of the people. roadside. So about the matter “How are roadside encroachment handled in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Road Traffic Law 2008
- Decree 100/2019/ND-CP
What is roadside encroachment?
Article 36 of the 2008 Road Traffic Law on the purpose of using the roadbed, pavement and other activities on the street is as follows:
– Roadbeds and sidewalks are only used for traffic purposes
– Other activities on the street must comply with the provisions of Clause 1, Article 35 of this Law, in special cases, the temporary use of a part of the roadbed or pavement for other purposes granted by the People’s Committees Provincial regulations but must not affect traffic order and safety.
– Not to perform the following acts: Acts specified in Clause 2, Article 35 of this Law;
The time occupying the roadside is one of the extremely popular acts today, greatly affecting traffic order and safety, the person who commits this act can be administratively sanctioned.
The concept of administrative violations
According to the provisions of the Law on Handling of Administrative Violations, an administrative violation is an act committed by an individual or organization that violates the provisions of law on state management but is not a crime. provisions of the law must be administratively sanctioned.
Although these acts are not a crime, if not handled, they can still lead to property damage and disorder. Therefore, if they commit these erroneous acts, individuals and organizations are still fully responsible before the law.
That subject may be administratively sanctioned, in addition may have to take remedial measures such as forcibly restoring the original state, forcibly dismantling the offending works, etc. depending on the particular case.
When encroaching on the roadside is administratively sanctioned
The term “encroachment on the roadside” is not specifically defined in the legal document. However, the act of encroaching on the roadside is defined as “a violation of the regulations on the use and exploitation of the land for the road”. Some of the behaviors relevant to your case are as follows:
– Street vendors or other retail sale of goods on urban roadbeds, on the sidewalks of streets with regulations prohibiting sales.
– Drying paddy, rice, straw, agricultural products, forestry and seafood on the road; put the thresher on the road.
– Occupying the middle divider of the double road as a place for: Displaying and selling goods; to building materials
– Meeting, buying and selling goods within the land area of the road in the out-of-urban road
….
Thus, when a person uses and exploits the roadway for personal purposes, affecting and obstructing people, traffic or other normal activities, it is considered an act of encroaching on the roadway. Encroaching on the roadside is an administrative violation according to the provisions of Decree 100/2019/ND-CP.
How are roadside encroachment handled in Vietnam?
Article 12 of Decree 100/2019/ND-CP stipulates the level of penalties for violations as follows:
Article 12. Penalties for violations against regulations on use and exploitation within the land area reserved for roads
1. A fine of between VND 100,000 and 200,000 shall be imposed on individuals, from 200,000 VND to 400,000 VND on organizations that commit one of the following violations:
a) Street vendors or other retail sale of goods on urban roadbeds, on the sidewalks of streets where sales are prohibited, except for the violations specified at Point c, Clause 2, Point b, Clause 5, Point e, Clause 6 of this Article;
b) Drying rice, rice, straw, agricultural products, forestry and seafood on roads; put the thresher on the road.
…
5. A fine of between VND 2,000,000 and 3,000,000 shall be imposed on individuals, from 4,000,000 VND to 6,000,000 VND on organizations that commit one of the following violations:
a) Illegally erecting tents, tents, entrance gates, fences and other constructions within the land area reserved for roads, except for the violations specified at Point dd, Clause 6, and Point b, Clause 8, Point a, Clause 9 of this Article;
b) Illegally using urban roadbeds and sidewalks for: Market meetings; catering business; display and sell goods; repair means, machinery and equipment; car wash; placing and hanging signs and billboards; build and place podiums; building a roof or performing other activities that obstruct traffic, except for the violations specified at Points d, dd, e and g, Clause 6; Clause 7; Point a, Clause 8 of this Article;
c) Occupying urban roadbeds or sidewalks of less than 05 m2 as parking spaces;
d) Occupying a portion of the roadway or the curb of an out-of-urban road of less than 20 m2 as a parking space.
Thus, for acts of trading encroaching on sidewalks, a fine ranging from VND 100,000 to VND 200,000 for individuals, from VND 200,000 to VND 400,000 for organizations may be imposed. For acts of illegally encroaching and using urban roadbeds and sidewalks for: Market meetings; catering business; display and sell goods; repair means, machinery and equipment; car wash; placing and hanging signs and billboards; build and place podiums; building a roof or performing other activities that obstruct traffic and occupy the roadside may be fined from VND 2,000,000 to VND 3,000,000 for individuals, from VND 4,000,000 to VND 6,000,000 for organization.
Authority to sanction acts of encroaching on the roadside
Competence to sanction acts of encroachment on road is specified in Article 74 of Decree 100/2019/ND-CP as amended and supplemented by Decree 123/2021/ND-CP, specifically as follows:
– Traffic police within the ambit of their assigned functions and tasks have the authority to impose penalties for acts of encroaching on the roadside, except for Point a, Clause 5, Point b, Clause 8 and Clause 9 of Article 12.
– Police of order, police of rapid response, police of mobility, police of administrative management of social order within the scope of their assigned functions and tasks, have the authority to sanction acts of encroachment. roadside except point a clause 5, point dd clause 6 Article 12.
Commune-level police chiefs, within the ambit of their assigned functions and tasks, have the authority to sanction acts of hawking or selling other small goods on urban roadbeds, on sidewalks of regulated streets. Prohibit sales and market meetings, purchase and sale of goods within the land area of the road in the road outside urban areas.
– Transport inspectors, persons assigned to perform specialized road inspection tasks.
– Environmental protection inspectors who are assigned to perform the task of environmental protection inspectors have the authority to impose penalties for acts of discharging water into the road at the wrong place or dumping garbage on the street walking at the wrong place and illegally dumping and leaving materials and waste within the land area for roads.
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Frequently asked questions
According to the provisions of point dd, clause 2, Article 6 of Decree 100/2019/ND-CP, motorbikes encroaching on the roadside and curbs can be fined from 200,000 VND to 300,000 VND.
In addition, depending on the consequences that this behavior causes, the subject may be subject to some additional remedial measures such as the driving license may be stripped of the right to use from 02 months to 04 months
A denunciation of encroachment on the roadway is a document used by an individual or organization to report to a competent entity that an individual/organization has encroached on the roadway, thereby requesting the subject to competent to take reasonable measures.
The form of denunciation of encroachment on the roadway is used to send to the competent authority to denounce the encroachment of the roadway to request the agency to consider and handle the object and illegally occupying the roadway.
Name of agency, organization or individual competent to settle denunciations about encroachment on roadway
Full name and address of the whistleblower about encroachment on the roadway:
-If he is the representative of the agency or organization making the request, clearly state the title and name of the agency or organization in which he is represented;
If the person who denounces the encroachment on the roadway does not have an ID card/Passport/Citizen identification card, write the information according to the identification document..
Write a summary of the denunciation about encroachment on the roadway; clearly state the basis of the denunciation of encroachment on the roadway; request settlement of denunciations about encroachment on the roadway.
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