How to deal with cases of public disorder in accordance with Vietnamese law?

“Hello everyone and Lawyer. I have some questions as follows. For the past week, at about 8 o’clock, there has been a group of young people carrying loudspeakers gathered in front of my house singing loudly. Causing disorder, I and my children can’t concentrate on work, study? How should I handle it? Looking forward to receiving help from everyone and the Lawyer. Sincerely thank.“. Hello! To answer the above questions, today, LSX Lawfirm will give you an article about “How to deal with cases of public disorder in accordance with Vietnamese law?“, as follows:

Legal grounds

Criminal Code 2015
Decree 155/2016/ND-CP
Decree 144/2021/ND-CP

Solving cases of public disorder

How to deal with cases of public disorder in accordance with Vietnamese law? In this case, the fact that those young people gathered to shout and cause disorder in your neighborhood was already in the prescribed case, that is: “Disturbing public order or engaging in other acts that affect the security, order and the people’s normal life, contrary to fine customs and traditions, civilized way of life in public places, causing unsanitary environment.”

In this case to stop causing noise and disorder. You can make a complaint to the head of the residential group, the ward police. Or the People’s Committee where your family resides for settlement in accordance with current law.

You clearly state the content to complain, the specific time causing disorder of the juvenile group, and the effects of the noisy behavior on your family life in particular and the residential area in general in the application sent to the competent authority.

The penalty frame for the crime of disturbing public order according to regulations

The crime of disturbing public order is defined in Article 318 of the Penal Code with the penalty frame as follows:

Any person who disturbs public order causing adverse effects on security, social order, and safety, or has been administratively sanctioned for an act of causing public disorder, or has been convicted of a crime of causing public disorder. If the offenders have not yet had their criminal records remitted but continue to commit them, the offenders shall be subject to a fine of between VND 5,000,000 and 50,000,000, non-custodial reform for up to two years, or a prison term of between three months and two years.

Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 02 and 07 years of imprisonment:

• Organized;
• Using weapons, weapons or committing acts of vandalism;
• Causing serious traffic obstruction or delaying public activities;
• Inciting others to cause trouble;
• Assault on people who intervene to protect public order;
• Dangerous recidivism.

Administrative sanctions for acts of disturbing public order

The levels of administrative penalties for violations of regulations on public order are specified in Article 7 of Decree 144/2021/ND-CP, specifically:

A warning or a fine of between VND 300,000 and 500,000 shall be imposed.

• Causing public disorder in places of art performance, places of cultural, sports, and commercial activities, offices of agencies, organizations, residential areas, or in other public places; except for the case specified at Point a, Clause 2, Point b, Clause 5, Article 7 of Decree 144/2021/ND-CP;
• Freeing domestic animals in urban areas or public places;
• Allowing livestock, plants, or other objects to encroach on roadways, sidewalks, flower gardens, playgrounds, urban areas, and common places of living in residential areas or urban areas;
  Intentionally causing injury or harm to the health of others but not being prosecuted for criminal liability;
  – Throw garbage or put anything else on the fence and the area adjacent to the protection target;
  – Breeding and releasing livestock and poultry in the apartment.

A fine ranging from VND 1,000,000 to VND 2,000,000.

• Using alcohol, beer, and stimulants causes public disorder;
  Organizing and participating in gatherings of many people in public places, causing public disorder;
  – Allowing domestic animals to cause injury or property damage to other organizations and individuals but not be examined for penal liability;
  – Fly kites, balloons, and toys that can fly in prohibited areas, and protected target areas.

What is the administrative penalty for causing noise in excess of the technical regulations?

Pursuant to Article 17 of Decree 155/2016/ND-CP stipulating:

– A warning will be imposed for making noise in excess of the technical regulation on noise below 02 dBA.

• A fine ranging from VND 1,000,000 to VND 5,000,000. For acts of causing noise in excess of the technical regulation on noise from 02 dBA to less than 05 dBA.
• A fine ranging from VND 5,000,000 to VND 20,000,000. For acts of causing noise in excess of the technical regulation on noise from 05 dBA to less than 10 dBA.
• A fine ranging from VND 20,000,000 to VND 40,000,000. For acts of causing noise in excess of the technical regulations on noise from 10 dBA to less than 15 dBA.
• A fine ranging from VND 40,000,000 to VND 60,000,000. For acts of causing noise in excess of the technical regulation on noise from 15 dBA to less than 20 dBA.
• A fine ranging from VND 60,000,000 to VND 80,000,000. For acts of causing noise in excess of the technical regulation on noise from 20 dBA to less than 25 dBA.
• A fine ranging from VND 80,000,000 to VND 100,000,000. For acts of causing noise in excess of the technical regulation on noise from 25 dBA to less than 30 dBA.
• A fine ranging from VND 100,000,000 to VND 120,000,000. For acts of causing noise in excess of the technical regulation on noise from 30 dBA to less than 35 dBA.
• A fine ranging from VND 120,000,000 to VND 140,000,000. For acts of causing noise in excess of the technical regulation on noise from 35 dBA to less than 40 dBA.
• A fine ranging from VND 140,000,000 to VND 160,000,000. For acts of causing noise exceeding the technical regulation on noise above 40 dBA.

What constitutes the crime of disturbing public order?

The elements constituting the crime of disturbing public order include 4 basic elements:

Objective side
The objective side of this crime has the following signs:

About behavior
Acts of disturbing public order. Determined to impact general regulations, legitimate rights and interests are protected. Break the established and implemented stabilizations for those public places. And often reflected by specific regulations, rules, or laws.

This is the behavior of people who have an attitude of disregard for public order. Reflect through specific behavior to affect subjects and objects. Specifically like:

• There is vulgar language and a lack of standards. In order to offend people around in public places.

• Acting rudely, affecting the interests of other people’s health, honor, and dignity. Insult the people around you in public. Especially women, the elderly, and children;
• Acts of using force to affect objects or phenomena. To disturb and damage the property of the state and citizens in public places. Such as destroying monuments, damaging icons, posters, cars, etc. While such assets bring the legitimate rights and interests of subjects protected by law.

The nature and extent of the behavior

Expressed with one of the three rating properties as follows:

The above acts must cause serious consequences. Consequences are shown with guidance for evaluating specific criteria.

Or have been administratively sanctioned for this act. There have been similar behaviors of lesser severity. The administrative sanctions have not affected or changed the perception of the subjects. It is necessary to apply higher coercive measures in the subject’s rehabilitation. In it, criminal handling is carried out.

• Or have been convicted of this crime, have not yet had a criminal record but still commit it. The time to commit the crime and serve the punishment is not long. The subject continues to commit similar acts in causing public disorder. Then the subject will be prosecuted for criminal liability.

This is the basic constitutive sign of this crime.

Consequences Identified

• Infringing upon public order and safety.

More serious consequences could result. Not simply causing trouble and causing security and safety in general. Like:

• Obstructing or congesting traffic for less than 2 hours;
• Obstructing the normal operation of State agencies, economic organizations, social organizations, or people’s armed forces units.

• Damage to property valued at ten million dongs or more;
• Deadly…

In addition to the consequences for life, health, and property mentioned above, practice shows that there can also be non-physical consequences to security, order, and regulations implemented by agencies. manage.

Objects
The above-mentioned acts may first infringe on public order and safety. With the prescribed nature, the effective use of public places by people. It also infringes on the life, health, and property of others. The rights and legitimate interests are protected by law. Or the property itself within the scope of state management.

Subjective side
The offender committed this crime with willful error. The subjective nature is determined by the purposes, calculated to reach the goal. At the same time, there are effects on the behavior performed. And error signs help identify and attribute criminal responsibility to the right person and the right crime.

Subject
The subject of this crime is any person with criminal capacity. And be responsible for the extent and consequences of the behavior caused.

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