In Vietnam, is there a penalty for releasing sky lanterns? Penalties as prescribed by law, if any?

Main Content

• In Vietnam, is it forbidden to release sky lanterns?
• In Vietnam, how much are fines for launching sky lanterns?
• Is there an additional penalty for releasing sky lanterns in Vietnam?
• Responsibilities of the authorities for taking actions against launching sky lanterns in Vietnam?

In Vietnam, is it forbidden to release sky lanterns?

Pursuant to Article 1 of Decision No. 95/2009/QĐ-TTg regarding ban on production, import, storage, transport, sale and flying of sky lanterns in Vietnam:

"Article 1. All organizations and individuals are banned from producing, importing, storing, transporting, selling and launching sky lanterns nationwide."

Are there fines for launching sky lanterns? What are the fines prescribed by law, if any?

In Vietnam, how much are fines for launching sky lanterns?

Pursuant to Point g Clause 2 Article 7 of Decree No. 144/2021/NĐ-CP, launching sky lanterns are subject to administrative penalties. To be specific:

"Article 7. Violations against regulations on public order

...

2. A fine ranging from 1.000.000 VND to 2.000.000 VND shall be imposed for any of the following violations:

a) Using alcohol or stimulants in a manner that disrupts public order;

b) Assembling, joining a crowd in a public area in a manner that disrupts public order;

c) Allowing a domestic animal to cause injuries or damage to property of another organization or individual but not liable to criminal prosecution;

d) Flying kites, balloons, playing other flying toys in an area where they are banned or in a protected area;

dd) Using an unmanned aerial vehicle or an ultralight aircraft without a flight license, or organizing flights before having the license or after having been registered but the permitted time, location, area, coordinates and limits are not adhered to;

e) Obstructing, harassing another person during handling, transport, storage of luggage at a market, wharf, bus station, airport, port, train station or another public area;

g) Lighting and launching sky lanterns;

h) Failure to have adequate documents while operating an UAV or ultralight aircraft;

i) Organizing flights of an UAV or ultralight aircraft while the operator has not fulfilled flight requirements;

k) Organizing flights of an UAV or ultralight aircraft while the UAV or ultralight aircraft is not flight-qualified;

l) Spraying paint, writing, drawing, sticking images or text on a wall, utility pole or another place in a residential area, public area, apartment building, a citizen's residence or another construction work without permission of a competent authority.

..."

According to these regulations, the fine for launching sky lanterns is up to 2.000.000 VND. This is imposed against violations committed by individuals. An organization will incur twice the fine for the same violations.

Is there an additional penalty for releasing sky lanterns in Vietnam?

Pursuant to Clause 13 Article 7 of Decree No. 144/2021/NĐ-CP:

"Article 7. Violations against regulations on public order

...

13. Additional penalties:

a) Confiscation of the exhibits and means of administrative violations in case of violations specified in Points a, d, dd and g Clause 2; Points dd Clause 3; Points b, e and I Clause 4; Points a, b and c Clause 5; Clauses 6 and 10 of this Article;

b) 3 - 6 months suspension of the license for designing, manufacturing, repairing, maintaining, testing UAVs or ultralight aircrafts, engines, propellers and parts thereof in case of violations specified in Point h and Point I Clause 3 and Clause 9 of this Article ;

c) 3 – 6 months suspension of the flight license in case of violations specified in Clauses 6, 7, 8 and 11 of this Article;

d) Expulsion of foreigners committing the violations specified in Points c, e and g Clause 4 of this Article.

..."

According to these regulations, the launching of a sky lantern will cause it to be confiscated.

Responsibilities of the authorities for taking actions against launching sky lanterns in Vietnam?

According to Article 2 of Decision No. 95/2009/QĐ-TTg regarding responsibilities of the authorities for taking actions against launching sky lanterns in Vietnam:

"Article 2. Responsibilities of Ministries and the People’s Committees of provinces:

1. The Ministry of Culture, Sports and Tourism and the Ministry of Public Security shall take charge and cooperate with relevant Ministries and central authorities in providing guidance on implementation of this Decision; propose administrative penalties for production, import, storage, transport, sale and flying of sky lanterns.

2. The Ministry of Information and Communications shall take charge and cooperate with the Ministry of Culture, Sports and Tourism, Committee for Ethnic Affairs, other Ministries and central authorities in disseminating this Decision on mass media.

3. The Ministry of Education and Training shall take charge and cooperate with the Central Agency of Communist Youth Union and relevant agencies in educating students and young people about the dangers of sky lanterns and their roles in encouraging the nationwide implementation of this Decision.

4. The People’s Committees of provinces shall, within their jurisdiction, take actions against production, import, storage, transport, sale and flying of sky lanterns in their provinces."