Is it illegal to use a phone while refueling in Vietnam? If it is illegal, what are the penalties?
Why does using a mobile phone in a gas station cause an explosion?
Mobile phones may emit electromagnetic waves while they are in operation. The emitted electromagnetic waves resonate with the surrounding waves, causing small sparks. In a highly flammable environment such as a gas station, small sparks have a higher likelihood of causing an explosion. Therefore, petrol stations prohibit the use of mobile phones.
What is the penalty for using a cell phone in a gas station in Vietnam?
Pursuant to the provisions of Article 35 of Decree 144/2021/ND-CP stipulates as follows:
"Article 35. Violations against regulations on fire prevention and fighting in the management and use of fire sources, heat sources, fire and heat generating tools or electronic devices
1. A warning or a fine of between VND 100,000 and 300,000 shall be imposed for bringing matches, lighters, mobile phones, fire sources, heat sources, fire- and heat-generating equipment and tools into places where prescribed prohibition.
2. A fine ranging from VND 300,000 to VND 500,000 shall be imposed for using fire sources, heat sources, fire- and heat-generating equipment and tools without ensuring a safe distance for fire prevention and fighting as prescribed by law
3. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for using fire sources, heat sources, fire- or heat-generating tools or electrical and electronic equipment in places where there are prohibited regulations.
4. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for welding or cutting metal without measures to ensure safety in fire prevention and fighting as prescribed by law.
Thus, for the case of using mobile phones in places where there are prohibited regulations such as gas stations, a fine of from 100,000 VND to 300,000 VND will be imposed.
This fine is applied to an individual's administrative violation. For organizations with the same violations, the fine is 2 times higher than the fine level for individuals.
Is it illegal to use a phone while refueling? If it is illegal, what are the penalties?
What are the penalties of using a mobile phone in a gas station, which could cause an explosion?
In case if there is a prohibition sign but still use a mobile phone when refueling and causing an explosion, this person must be responsible for compensation if there is damage. Pursuant to the provisions of Article 589 of the 2015 Civil Code, compensation for damage caused by infringement of property is as follows:
Article 589. Damage caused by infringement of property
In the event of an infringement of property, the compensable damage shall comprise:
1. Property which was lost, destroyed or damaged;
2. Interests associated with the use and exploitation of the property was lost or declined;
3. Reasonable costs for the prevention, mitigation and remedy of the damage;
4. Other damage as prescribed by law.
Thus, in the case of using a mobile phone in a gas station when there is a phone forbidden sign, causing fire, explosion, damage to other people's property, they will be responsible for compensation for damage according to regulations.
In addition, according to the provisions of Article 590 of the 2015 Civil Code, the damage caused by harm to health is as follows:
Article 590. Damage caused by harm to health
1. Damage caused by harm to health shall comprise:
a) Reasonable costs for treating, nursing and rehabilitating health, and functional losses and impairment of the aggrieved person;
b) Loss of or reduction in the actual income of the aggrieved person. If the actual income of the aggrieved person is irregular and is not able to be determined, the average income level for the type of work performed by the aggrieved person shall be applied;
c) Reasonable costs and actual income losses of the carers of the aggrieved person during the period of treatment. If the aggrieved person loses his or her ability to work and requires a permanent carer, the damage shall also include reasonable costs for taking care of the aggrieved person.
d) Other damage as prescribed by law.
2. A person causing harm to the health of another person must pay the items provided in Clause 1 of this Article together with an amount of money as compensation for mental suffering of the aggrieved person. The amount of compensation for mental suffering shall be as agreed by the parties; if the parties are not able to agree, the maximum sum shall not exceed fifty-month base salary prescribed by the State.
Thus, for the case of using a mobile phone in a gas station, causing fire or explosion, causing damage to the health of others, they may be responsible for compensating for damage when health is violated. The fines are based on the above provisions of law.
Pursuant to the provisions of Article 591 of the Civil Code 2015 stipulates damage caused by harm to life is as follows:
Article 591. Damage caused by harm to life
1. Damage caused by harm to life shall comprise:
a) Damage caused by harm to life prescribed in Article 590 of this Code;
b) Reasonable funeral costs;
c) Support for the dependants of the aggrieved person;
d) Other damage as prescribed by law.
2. A person causing death to another person must pay compensation for damage as provided in Clause 1 of this Article together with an amount of money as compensation for mental suffering of the closest relatives in the first line of succession to the deceased. If there are no such relatives, this sum shall be paid to the persons who were directly reared by the deceased or to the persons who directly reared the deceased. The amount of compensation for mental suffering shall be as agreed by the parties; if the parties are not able to agree, the maximum sum shall not exceed one-hundred-month base salary prescribed in by the State.
Thus, according to the above regulations, if using a mobile phone in a gas station harmed to life, they will be fined according to the above regulations.
LawNet
