How Will Karaoke Singing at Home During Tet That Disturbs the Peace of the Community Be Penalized?
Who has the authority to handle karaoke singing that causes public disorder?
Based on Article 68 of Decree 144/2021/ND-CP and Article 69 of Decree 144/2021/ND-CP, regarding violations related to noise regulations, the authority to handle administrative violations lies with:
- Chairpersons of the People's Committees at various levels- The People's Police
Therefore, when neighbors sing karaoke loudly during the Lunar New Year, residents can report it to the nearest People's Committee or the People's Police for resolution.
Karaoke singing at home during Tet causing disturbances in the residential area will be penalized as follows
What is the maximum allowable noise level for karaoke singing?
According to subsection 2.1, Section 2 of QCVN 26:2010/BTNMT - National Technical Regulation on Noise, issued together with Circular 39/2010/TT-BTNMT, the maximum allowable noise levels are as follows:
From 6 AM to 9 PM is 70 dBA;
From 9 PM to 6 AM is 55 dBA.
In special areas, the maximum allowable noise levels are:
From 6 AM to 9 PM is 70 dBA;
From 9 PM to 6 AM is 45 dBA.
Thus, karaoke singing can be considered as causing public disorder if the noise level exceeds the allowable limit in specific time frames.
How are neighbors singing karaoke loudly after 10 PM penalized?
Based on point a, clause 1, Article 8 of Decree 144/2021/ND-CP, the regulations are as follows:
Violations of regulations ensuring public tranquility
1. A warning or a fine from VND 500,000 to VND 1,000,000 shall be imposed for the following acts:
a) Causing loud noises, disturbances, and commotions in residential areas and public places between 10 PM of the previous day and 6 AM of the following day;
The act of loud karaoke singing between 10 PM and 6 AM the following day can face administrative fines up to VND 1,000,000.
This fine is applied to administrative violations by individuals. For organizations with the same violation, the fine is double the amount imposed on individuals.
What are the penalties for karaoke singing that causes loud noise?
According to Article 22 of Decree 45/2022/ND-CP, regulations on noise violations specifically state:
Violations of noise regulations
1. A warning for causing noise that exceeds the technical regulation by up to 2 dBA.
2. Fines from VND 1,000,000 to VND 5,000,000 for causing noise that exceeds the technical regulation by 2 dBA to under 5 dBA.
3. Fines from VND 5,000,000 to VND 20,000,000 for causing noise that exceeds the technical regulation by 5 dBA to under 10 dBA.
4. Fines from VND 20,000,000 to VND 40,000,000 for causing noise that exceeds the technical regulation by 10 dBA to under 15 dBA.
5. Fines from VND 40,000,000 to VND 60,000,000 for causing noise that exceeds the technical regulation by 15 dBA to under 20 dBA.
6. Fines from VND 60,000,000 to VND 80,000,000 for causing noise that exceeds the technical regulation by 20 dBA to under 25 dBA.
7. Fines from VND 80,000,000 to VND 100,000,000 for causing noise that exceeds the technical regulation by 25 dBA to under 30 dBA.
8. Fines from VND 100,000,000 to VND 120,000,000 for causing noise that exceeds the technical regulation by 30 dBA to under 35 dBA.
9. Fines from VND 120,000,000 to VND 140,000,000 for causing noise that exceeds the technical regulation by 35 dBA to under 40 dBA.
10. Fines from VND 140,000,000 to VND 160,000,000 for causing noise that exceeds the technical regulation by 40 dBA or more.
11. Additional penalties:
a) Suspended activity for 3 to 6 months for noise pollution from establishments in cases of violations stated in clauses 4, 5, 6, and 7 of this Article;
b) Suspended activity for 6 to 12 months for cases of violations stated in clauses 8, 9, and 10 of this Article.
12. Remedial measures:
a) Implementation of measures to reduce noise to meet technical regulations within the time frame set by the competent authority issuing the administrative penalty decision for violations of this Article;
b) Payment of the costs for inspections, verifications, measurements, and environmental sample analysis in cases of noise violations exceeding the technical regulations or causing noise pollution according to current price rates for violations of this Article.
Thus, karaoke singers may be fined up to VND 160,000,000 for causing noise that exceeds the technical regulation by 40 dBA or more.
This fine is applied to administrative violations by individuals. For organizations with the same violation, the fine is double the amount imposed on individuals.
In addition to fines, karaoke singers causing noise at inappropriate times will face suspension of noise-causing activities and be required to implement noise reduction measures and pay for noise assessment costs.
What is the statute of limitations for administrative penalties for karaoke singing that causes public disorder?
Based on Article 5 of Decree 144/2021/ND-CP, the statute of limitations for administrative penalties is stipulated as follows:
Statute of limitations for administrative penalties
1. The statute of limitations for administrative penalties in fields of security, order, social safety; prevention and combat of social evils; fire prevention and fighting; rescue and relief; and domestic violence prevention is 1 year.
2. The timeframe to calculate the statute of limitations is as follows:
a) For already completed administrative violations, the statute is calculated from the time the violation ends;
b) For ongoing administrative violations, the statute is calculated from the time the competent authority detects the violation;
c) In cases of administrative penalties imposed by competent authorities through record transfers, the statute is applied according to clause 1 of this Article and points a and b of this clause, calculated to when the administrative penalty decision is issued.
Therefore, the statute of limitations for administrative penalties for karaoke singing causing public disorder is set at 1 year.
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