How to handle disorder behavior in residential areas in Vietnam?

Vietnam is a highly urbanized developing country. Each residential area is usually quite crowded, so it is always full of noise. The press has spent a lot of ink and paper to raise their voice about this situation, especially the problem of karaoke and street vendors that affect and cause disorder in residential areas. And so the law also has provisions on this issue. So about the matter “How to handle disorderly behavior in residential areas in Vietnam” Let’s find out with LSX in the article below.

Legal grounds

• Decree 144/2021/ND-CP;
• Penal Code 2015, amended and supplemented in 2017.

What is public disorder?

Causing public disorder is an act that adversely affects security, social order and safety, infringes upon the rights and interests of organizations and individuals. Persons who commit acts of causing public disorder may be administratively sanctioned or even examined for penal liability.

What is the source of noise pollution in a residential area? We can point to some common sources: Recreational service activities; audio equipment; traffic activities; construction activities…

How to handle disorder behavior in residential areas in Vietnam?

Administrative sanctions

Article 7 of Decree 144/2021/ND-CP stipulates the levels of administrative penalties for violations of regulations on public order. As follows:

In case of warning or fine from 300,000 VND to 500,000 VND

For the following acts, they shall be subject to a warning or a fine of between VND 300,000 and 500,000. According to Clause 1, Article 7 of Decree 144/2021/ND-CP:

+ Causing public disorder in places of performing arts, places where cultural, physical training, sport and commercial activities are held, 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;

+ Free-range domestic animals in urban areas or public places;

+ Allowing livestock, plants or other objects to encroach on roadways, sidewalks, flower gardens, playgrounds, urban areas, common living places in residential areas or urban areas;

Accidentally causing injury or harm to the health of others but not being prosecuted for criminal liability;

+ Dispose of garbage or other objects on the fence and the area adjacent to the protection target;

+ Breeding and grazing livestock and poultry in the apartment building.

In case of fine from 1,000,000 VND to 2,000,000 VND

For the following acts, they will be fined from VND 1,000,000 to VND 2,000,000. According to Clause 2, Article 7 of Decree 144/2021/ND-CP:

+ Using alcohol, beer, stimulants causing 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;

+ Flying kites, balloons, toys that can fly in prohibited areas, protected target areas;

+ Using unmanned aircraft or ultralight aircraft without registration for flying license or organizing flight activities without a license or registered but controlling flight at the wrong time, place, and area allowed areas, coordinates, limits;

+ Obstructing, harassing, causing trouble to others when loading, transporting, or keeping luggage at markets, docks, bus stations, airports, ports, railway stations and other public places;

+ Burning and releasing “sky lanterns”;

+ Not having enough documents and documents to bring when operating unmanned aircraft and ultralight aircraft;

+ Organizing flight activities of unmanned aircraft, ultralight aircraft when the person directly exploiting and using has not met the airworthiness standards;

+ Organizing flight activities of unmanned aircraft and ultralight aircraft when the aircraft has not yet met the airworthiness standards;

Spray paint, write, draw, paste, attach images and content on walls, power poles or other locations in residential areas, public places, apartment buildings, citizens’ residences or other works without permission of the competent authority.

In case of fine from 2,000,000 VND to 3,000,000 VND

For the following acts, they will be fined from VND 2,000,000 to VND 3,000,000. According to Clause 3, Article 7 of Decree 144/2021/ND-CP:

+ Committing acts of provocation, teasing, insulting, insulting, defaming the honor and dignity of others, except for the cases specified at Point b, Clause 2, Article 21 and Article 54 of Decree 144/2021/ND- CP;

+ Organizing, hiring, instigating, enticing, enticing, inciting others to intentionally injure or cause harm to other people’s health or infringe upon the honor and dignity of others without being held accountable. criminal liability;

+ Report false and untrue information to competent agencies and organizations;

+ Call the emergency phone numbers 111, 113, 114, 115 or hotlines of agencies or organizations to harass, threaten or offend;

+ Producing, storing and transporting “sky lanterns”;

+ Design, manufacture, repair, maintenance, testing of aircraft, aircraft engines, propellers and equipment and equipment of unmanned aircraft, ultralight aircraft without sufficient records. , legal documents granted or registered by a competent State agency according to regulations;

+ Design, manufacture, repair, maintain, test aircraft, aircraft engines, propellers and equipment and equipment of unmanned aircraft, ultralight aircraft that do not maintain adequate conditions. cases on human resources under permits issued by competent authorities;

+ Design; manufacture; repair; maintenance; testing aircraft, aircraft engines, aircraft propellers and equipment and equipment of unmanned aircraft, ultra-light aircraft that do not maintain sufficient conditions for equipment, vehicles, tools, houses workshops and yards under permits issued by competent authorities;

+ Design; manufacture; repair; maintenance; testing aircraft, aircraft engines, aircraft propellers and equipment and equipment of unmanned aircraft, ultra-light aircraft that fail to meet security, safety and environmental conditions according to regulations. provisions of law.

In case of fine from 3,000,000 VND to 5,000,000 VND

For the following acts, a fine of between VND 3,000,000 and 5,000,000 shall be imposed. According to Clause 4, Article 7 of Decree 144/2021/ND-CP:

+ Organization of hiring, instigating, enticing, enticing or inciting other people to cause trouble or disrupt public order;

+ Carrying in person or possessing or hiding rudimentary weapons, supporting tools or other tools and vehicles capable of causing damage; objects and means of transport for the purpose of disturbing public order or intentionally causing injury to others;

Taking advantage of democratic freedom, freedom of belief and religion to organize, hire, instigate, entice, seduce and incite others to infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals;

+ Disturbing or obstructing the normal operation of agencies or organizations;

+ Organize or participate in illegal gatherings of people at Party offices, State agencies or prohibited places and areas;

+ Dumping or throwing waste, dirt, chemicals, bricks, soil, stones, sand or other objects into houses, places of residence, people, objects and properties of other people, at the headquarters of agencies or organizations , place of work, place of production, business, target, guard guard target;

+ Enter the target, guard the illegal target;

+ Using unmanned aircraft and ultra-light aircraft flying flags, banners, dropping leaflets, broadcasting propaganda loudspeakers outside the regulations of the flight permit;

Writing, distributing and circulating documents and images with distorting, fabricating or slanderous contents affecting the reputation of agencies, organizations or individuals, except for the case specified in Clause 1, Article 101 of Decree No. Decision 15/2020/ND-CP.

In case of fine from 5,000,000 VND to 8,000,000 VND

For the following acts, they shall be fined from VND 5,000,000 to VND 8,000,000. According to Clause 5, Article 7 of Decree 144/2021/ND-CP:

+ Intentionally causing injury or harm to the health of others but not being prosecuted for criminal liability;

+ Disturbing public order while carrying rudimentary weapons; support tools; or tools; other objects and vehicles capable of causing damage;

+ Filming, taking photos, drawing diagrams of prohibited places and prohibited areas related to national defense and security;

+ Being lewd against a person under 16 years old but not being prosecuted for penal liability;

+ Sexual harassment and harassment;

+ Pornographic, sexually suggestive in public places;

+ Design implementation; manufacturing; repair; maintenance; aircraft testing; aircraft engines; aircraft propellers and equipment; equipment of unmanned aircraft; ultralight flying vehicles of various types; or the quality is not consistent with the type of product registered under the license issued by the competent authority;

+ Using unmanned aircraft and ultralight launch vehicles; shoot; drop objects from the air; harmful substances; or contains the risk of harm without authorization.

In case of fine from 6,000,000 VND to 8,000,000 VND

For the acts of using unmanned aircraft and ultralight flying vehicles to film; aerial photography without permission. A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed. According to Clause 6, Article 7 of Decree 144/2021/ND-CP.

In case of fine from 8,000,000 VND to 10,000,000 VND

For the acts of performing unmanned aerial vehicles and ultralight aircraft that are not in accordance with the contents of the flight permit issued by the competent authority. A fine ranging from VND 8,000,000 to VND 10,000,000 shall be imposed. According to Clause 7 Article 7 Decree 144/2021/ND-CP.

In case of fine from 10,000,000 VND to 15,000,000 VND

For the acts of using unmanned aircraft and ultralight aircraft but not obeying orders; signal of the authority that administers and supervises flight operations. Be fined from 10,000,000 VND to 15,000,000 VND. According to Clause 8, Article 7 of Decree 144/2021/ND-CP.

In case of fine from 15,000,000 VND to 20,000,000 VND

For the act of implementing the design; manufacturing; repair; maintenance; aircraft testing; aircraft engines; aircraft propellers and equipment; equipment of unmanned aircraft; ultralight aircraft without a license issued by a competent authority. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed. According to Clause 9, Article 7 of Decree 144/2021/ND-CP.

In case of a fine ranging from VND 20,000,000 to VND 30,000,000

For acts of performing unmanned aerial vehicle operations and ultralight aircraft without a flight permit issued by a competent authority. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed. According to Clause 10, Article 7 of Decree 144/2021/ND-CP.

In case of a fine ranging from VND 30,000,000 to VND 40,000,000

For acts of using unmanned aircraft; obstructing ultralight aircraft; or cause unsafety to other aircraft. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed. According to Clause 11 Article 7 of Decree 144/2021/ND-CP.

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