What is the punishment for neighbors who still sing karaoke at night according to the provisions of Vietnamese law in 2022?
Many people choose to sing karaoke as an elegant pastime after tiring days of work and study. However, the fact that you sing karaoke to relax is easy to affect the people around you. Does the law stipulate that singing karaoke affects others? Is it fine to play karaoke at 12 am? If yes, how much is the fine for this act? To clarify this, today, LSX Lawfirm will give you an article about “What is the punishment for neighbors who still sing karaoke at night according to the provisions of Vietnamese law in 2022?”, as follows:
Legal grounds
- Decree 144/2021/ND-CP;
- Decree 54/2019/ND-CP
How is the act of singing karaoke considered disorderly?
On December 16, 2010, the Minister of Natural Resources and Environment issued Circular 39/2010/TT-BTNMT stipulating national technical regulations on the environment. Accordingly, the National Technical Regulation on Noise QCVN 26:2010/BTNMT promulgated together with this Circular stipulates the maximum limits of noise levels in areas normally inhabited and operated by people. working and working, including apartment buildings, separate or adjacent houses, hotels, motels, and administrative offices. Specifically:
The time from 6 am to 9 pm is 70dBA;
The time between 9 pm and 6 pm is 55dBA.
In special areas, the maximum limit is:
The time from 6 am to 9 pm is 70dBA;
The time from 9 pm to 6 pm is 45dBA.
Thus, it can be understood that the act of singing karaoke causes noise; disorder when the loudness of the sound emitted from singing ranges from 55dBA to 70dBA in each specific time frame.
Neighbors, who still sing karaoke at night will be fined in 2022?
Pursuant to the provisions of Clause 1, Article 8 of Decree 144/2021/ND-CP on sanctioning violations of ensuring general tranquility, as follows:
- 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.
According to the provisions of Article 8 of Decree 144/2021/ND-CP, the act of making loud noises, making noises and riots in residential areas and public places such as karaoke at night from 22 hours of the previous day to 06 am of the next day will be fined from 500,000 VND to 1,000,000 VND.
Is it possible to disconnect the circuit breaker when the neighbor sings karaoke?
In Article 7 of the Electricity Law 2004 there are provisions on prohibited acts in electricity activities and electricity use as follows:
- Destroying electrical equipment, electricity metering equipment, and electricity works.
- Electricity activities without a license as prescribed by this Law.
- Close or cut off electricity in contravention of the law.
- Violations against regulations on safety in electricity generation, transmission, distribution, and use of electricity.
- Obstructing the inspection of electricity activities and electricity use.
- Theft of electricity.
- Using electricity to trap and capture animals or as a means of protection, except for the cases specified in Article 59 of this Law.
- Violations against regulations on the protection of power grid safety corridors, and safe distances of power lines and stations.
- Providing untruthful information that harms the lawful rights and interests of organizations and individuals engaged in electricity activities and use.
- Taking advantage of positions and powers to cause harassment, trouble, and gain illicit profits in electricity activities and electricity use.
- Other acts of violating the provisions of the law on electricity.
Disconnecting the neighbor’s bridge when the neighbor’s house makes noise to you is a violation of the law.
Which agency has the authority to deal with late karaoke cases in residential areas?
In Clause 1, Article 38 of the 2012 Law on Handling of Administrative Violations, the competence of the Chairman of the People’s Committee to handle this behavior is as follows:
a) Impose a warning;
b) Impose a fine of up to 10% of the maximum fine level for the respective field specified in Article 24 of this Law, but not exceeding VND 5,000,000;
c) Confiscate exhibits and means of administrative violations with a value not exceeding 02 times the fine level specified at Point b of this Clause;
d) Apply remedial measures specified at Points a, b, c, and dd, Clause 1, Article 28 of this Law.
In addition
At the same time, Clause 1, Article 68 of Decree 144/2021/ND-CP stipulates that commune-level People’s Committee chairpersons have the right to:
a) Impose a warning;
b) A fine of up to VND 3,000,000 shall be imposed for administrative violations in the field of domestic violence prevention and control; up to VND 4,000,000 for acts of administrative violation in the field of social security, order, and safety; up to 5,000,000 VND for acts of administrative violation in the field of fire prevention and fighting; rescue and rescue and the field of social evils prevention and control then;
c) Confiscate exhibits and means of administrative violations with a value not exceeding 02 times the fine level specified at Point b of this Clause;
d) Apply remedial measures specified at Points a and c, Clause 1, Article 28 of the Law on Handling of Administrative Violations.
If your neighbor makes a noise while singing karaoke from 10 pm the day before to 6 am the next day, you should first notify the leader of the neighborhood where you are to remind them and confirm the incident. If this behavior persists, you should contact the police where you live. In addition, you can make an application to the People’s Committee of the commune or ward to request settlement and make a record of administrative sanction.
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Related questions
To prevent this noise-making behavior of your neighbors, you need to file a complaint with the police, the People’s Committee of the ward, or the commune where you live to be resolved in accordance with the law then.
The level of curfew that businesses; Business households are allowed to provide karaoke services from 8 am to 24 hours. After this hour if the business; If business households continue to operate, they will be handled according to the provisions of Point b, Clause 5, Article 15 of Decree 38/2021/ND-CP. The specific penalties are as follows: For individuals providing karaoke services not on time: a fine of between VND 10,000,000 and 15,000,000; For karaoke service business organizations that fail to meet the prescribed time: double sanction; a fine ranging from VND 20,000,000 to VND 30,000,000 then.
In Clause 1, Article 8 of Decree 144/2021/ND-CP, there are regulations on sanctioning administrative violations on ensuring general tranquility as follows:
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) Firstly, Causing loud noises, making noise or commotion in residential areas or public places between 10 pm of the previous day and 6 am of the next day;
b) Secondly, 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) Thirdly, Selling food and beverages beyond the hours prescribed by the People’s Committees of the provinces and centrally-run cities.
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