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How to deal with disorderly residential areas according to the provisions of Vietnamese law?

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“Hello everyone and Lawyer. I have some questions as follows. Recently, every day a group of young people next to my house plays music all day at a very loud volume. Besides, they also get drunk. I’m very upset but can’t do it. Who should I report to handle this? Looking forward to receiving help from everyone and the Lawyer. Thank you very much.“. Hello! To answer the above questions, today, LSX Lawfirm will give you an article about “How to deal with disorderly residential areas according to the provisions of Vietnamese law?“, as follows:

Decree 155/2016/ND-CP
Decree 144/2021/ND-CP

What is the concept of residential area?

A residential area is a collection of people and households concentrated in a certain area such as hamlets, hamlets, hamlets, hamlets, hamlets, hamlets, hamlets, hamlets, squirrels, hamlets, etc. other corresponding residential units.
This is a phrase used to refer to a population community living in a certain area, a certain area of ​​land, it includes households living in hamlets, villages, etc. The residential area may have appeared. It has existed for a long time, but now there are also many new residential areas being formed in society with the purpose of serving people’s life needs or implementing the planning.
Each residential area will have a geographical structure, a name, as well as a diverse and different number of inhabitants. The design, layout and arrangement of each residential area will also be carried out according to each locality and design model. As for residential land, the right to use the land at this time can also be the owner, with or without a red book.

Main features of the residential area

A residential area is a social administrative unit and they have certain characteristics. Knowing these characteristics will help you distinguish them from groups of households or an organization or department.

A residential area is a community formed for a long time
The first and most characteristic feature of a population cluster is that they have a certain historical character. These communities are inherently established. Existing and developing life or being in the planning process based on the development policy of the government and the state.

Persistence makes residential areas stable and sustainable. The accretion over time helps the population cluster to expand. They can be an increase in population, area or households.
Households live together in a residential cluster
With a residential lifestyle, most households in residential areas are not geographically located. They live intertwined in villages, hamlets or neighborhoods. Households live on intimate village relationships.

In additon

There is little blood relation
Unlike clan relations, population clusters are households that are rarely related by blood. Sometimes, they are strangers from different parts of the country because of work, ideals or circumstances that get together. Although not related. However, the population cluster still has a close relationship. They have attachment based on production relations, cultural activities, social communication…

Unlimited number of people live
The number of people living in a population cluster will not be specified and often fluctuates. Many residential clusters consist of only a few dozen households. However, there are also many communities with a population of up to hundreds of households. This is also a huge feature that you need to understand when you want to learn about a population. They are completely different for an organization, a club.

Currently, in order to manage residential areas well, people also have introduced policies on demographic declaration. Usually, they apply to the division by administrative boundaries: hamlets, hamlets, communes, town.

And

Each household owns its own property and certificate
Each residential area will be divided by the name, demographic and boundary structure. In which, each household usually has full documents to prove the certificate of land use rights such as: red book, pink book, etc. In addition, the household also owns houses and assets attached to the land. Particularly or not. Because it is a personal property, houses in the residential area. Buying, transferring, giving, leasing, … depending on the person with ownership.

Under the management of the government, living according to the law
Finally, to ensure security, order as well as stability in the residential area. The guidelines, policies and laws of the Party and State are the framework for operating and managing households in residential clusters. This is an important and indispensable factor for any community.

Hopefully, with information about the residential area. We provided above will bring you more useful reference. The population cluster is a population living with many households. Therefore, to grasp and manage is not easy. Let’s start from the basic characteristics of this population to improve monitoring and management.

How much is the fine for causing disorder in a residential area?

Article 8. Violations against regulations on ensuring public tranquility

  1. A warning or a fine of between VND 500,000 and 1,000,000 shall be imposed for one of the following acts:

a) Causing loud noises, making noise or commotion in residential areas or public places between 10 pm and 6 am of the next day;

b) Failing to comply with regulations on keeping quiet in medical examination and treatment establishments, sanatoriums, schools, or other places where general silence is required;

c) Selling food and beverages beyond the hours prescribed by the People’s Committees of the provinces and centrally-run cities.

Thus, the behavior of the young people in your neighborhood is the behavior that affects the general tranquility, namely “Make a loud noise, make a noise, make a ruckus in residential areas, public places within a short period of time. from 10 p.m. the day before to 6 a.m. the next day. The gathering, eating, and singing late at night of this group of young people made a lot of noise, affecting the quiet of the residential area where your family lived, during the time when everyone needed to rest. If you study, you will be subject to a warning or a fine from 500,000 VND to 1,000,000 VND according to the provisions of the law.

How to deal with the disorder?

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.

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.

Additional sanctions

  • Firstly, Suspend the establishment’s noise-polluting activities for 3 to 6 months. For violations specified in Clauses 4, 5, 6, and 7 of this Article;
  • Secondly, Suspend the operation of the establishment from 06 months to 12 months. For violations specified in Clauses 8, 9, and 10 of this Article.

Remedial measures

  • Firstly, Forcible implementation of measures to reduce noise meeting technical regulations within the time limit set by the person with sanctioning competence in the decision on sanctioning administrative violations, for the violations specified in this Article;
  • Secondly, Forcible payment of expenses for soliciting assessment, inspection, measurement, and analysis of environmental samples in case of noise violations exceeding environmental technical regulations or causing noise pollution according to norms and unit prices. applicable for violations specified in this Article.

Accordingly, this fine level is the prescribed fine level for an individual’s administrative violation, the fine level for an organization’s administrative violation is equal to twice the fine level for the same act. administrative violations committed by individuals (according to Clause 1, Article 5 of this Decree)

Consulting service of LSX Lawfirm

Above is LSX Lawfirm’s advice on the content of the problem How to deal with disorderly residential areas according to the provisions of Vietnamese law?. And all the above knowledge to use in work and life. If you have any questions and need more advice and help, please contact the hotline for the reception. Lawyer X is a place that provides reputable and fast business services at reasonable prices. Customers will be extremely satisfied when using our services.

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Is causing the disorderly residential areas to be criminally handled?

Those who disturb public order, causing adverse effects on security, social order, and safety, or have been administratively sanctioned for this act or have been convicted of this crime, have not yet had their criminal record expunged. but continue to commit the violations, the offenders shall be subject to a fine of between VND 5,000,000 and 50,000,000, non-custodial reform for up to 2 years, or a prison term of between 3 months and 2 years

Competence to handle complaints about noisy acts

The competence to receive and handle complaints about noise-making acts and denunciations of noisy neighbors belongs to the People’s Committees of communes, local wards, or the police offices of communes and wards where the violations are committed. depending on the noise source then.

How does the group leader refuse to deal with the disorderly behavior of the residential area?

If they do not accept the denunciation but still push the responsibility to the Regional Police, this is a violation of the law, you can appeal the administrative decision with their behavior. They will then have to conduct conciliation or report to a superior agency for settlement in accordance with legal competence.

Conclusion: So the above is How to deal with disorderly residential areas according to the provisions of Vietnamese law?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com

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