Letting Dogs Roam Unleashed Without Safety Measures: What Are the Penalties for the Owner?
Is it permissible to allow dogs to roam freely on the streets?
The keeping of dogs must comply with the regulations on managing dogs and cats as stipulated in Article 66 of the Law on Animal Husbandry 2018, specifically detailed as follows:
Management of keeping dogs and cats
Dog and cat owners must fulfill the following requirements:
1. Implement rabies vaccinations for dogs and cats as prescribed by veterinary law;
2. If a dog or cat is suspected of having rabies, immediately report to the communal People's Committee or local livestock and veterinary officers and handle according to veterinary law;
3. Ensure the safety of people and other animals, maintain environmental hygiene, and ensure veterinary sanitary conditions;
4. If the dog or cat attacks and causes damage, compensation for damages must be made according to the law."
Thus, if a dog is allowed to roam freely on the street or appears in public places, measures must be taken to ensure the safety of people and other animals, such as leashing or muzzling the dog.
If a dog is allowed to roam the streets without safety measures, an administrative fine will be imposed according to the law.
How will the owner be fined if the dog is allowed to roam the streets without safety measures?
Will the dog owner be fined for allowing the dog to roam the streets without safety measures?
According to Clause 2, Article 7 of Decree 90/2017/ND-CP (amended by Clause 3, Article 2 of Decree 04/2020/ND-CP) as follows:
Violations regarding terrestrial animal disease prevention
...
2. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed for one of the following acts:
a) Failure to vaccinate animals required to be vaccinated against rabies;
b) Failure to muzzle dogs, failure to leash dogs, or failure to have someone lead dogs in public places."
If the dog owner allows the dog to roam the streets or public places without safety measures such as muzzling, leashing, or without an attendant, they will be fined from VND 1,000,000 to VND 2,000,000.
Note: According to Clause 2, Article 4 of Decree 90/2017/ND-CP (amended by Clause 3, Article 3 of Decree 07/2022/ND-CP), the fines above apply only to individuals.
For organizations committing the same violations, the fine amount is twice that applied to individuals.
What is the owner's liability for compensation if a roaming dog bites someone?
According to Clauses 1 and 2, Article 603 of the Civil Code 2015 regarding liability for damage caused by animals, the following provisions apply:
Liability for damage caused by animals
1. The animal owner must compensate for damage caused by their animal to others. The possessor or user of the animal must compensate for damage during the time of possession or use, unless otherwise agreed.
2. If a third party is entirely at fault for causing the animal to damage others, the third party must compensate for the damage; if the third party and the owner are both at fault, they must jointly compensate for the damage."
Thus, if a dog bites someone, the owner must compensate. If a third party is entirely at fault, the owner is not liable. If both the third party and the owner are at fault, they must jointly compensate for the damage.
In case the dog causes damage, the owner may have to compensate for health violations and life infringement damages to the victim according to Article 590 and Article 591 of the Civil Code 2015 as follows:
Health infringement damages
1. Health infringement damages include:
a) Reasonable costs for first aid, care, recovery, and loss or reduction of the injured's health functions;
b) Actual lost or reduced income of the injured; if the injured's income is unstable and cannot be determined, the average income of a same-type laborer shall apply;
c) Reasonable costs and actual lost income of the caretaker during treatment; if the injured loses working capacity and needs regular care, this includes reasonable costs for the caretaker;
d) Other damage as prescribed by law.
2. The person liable for health infringement compensation must compensate as specified in Clause 1 and an additional amount for mental losses suffered by the injured. The amount for mental losses is agreed upon by the parties; if no agreement is reached, the maximum amount for one injured person shall not exceed fifty times the statutory pay rate set by the state.
Life infringement damages
1. Life infringement damages include:
a) Health infringement damages as specified in Article 590 of this Code;
b) Reasonable burial expenses;
c) Support money for dependents whom the deceased had an obligation to support;
d) Other damage as prescribed by law.
*2. The person liable for life infringement compensation must compensate as specified in Clause 1 and an additional amount for mental losses to the immediate relatives of the deceased, or, if no such relatives exist, the person who directly raised the deceased or whom the deceased directly raised. The amount for mental losses is agreed upon by the parties; if no agreement is reached, the maximum amount for one deceased person shall not exceed one hundred times the statutory pay rate set by the state."
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