When is Tet Thanh Minh 2024? What are the penalties for causing a fire by burning votive papers on Tet Thanh Minh in Vietnam?
When is Tet Thanh Minh in 2024?
Tet Thanh Minh is the first day of the Thanh Minh solar term, one of the 24 solar terms each year, lasting about 15-16 days from April 4-5 to April 20-21 each year.
In 2024, Tet Thanh Minh falls on Thursday, April 4, 2024 (February 26, 2024 in the lunar calendar).
On this holiday, descendants together visit their ancestors' graves, clean and wash the tombs, and set up offerings to ask for their ancestors' blessings for good health and peace.
When is Tet Thanh Minh 2024? What are the penalties for causing a fire by burning votive papers on Tet Thanh Minh in Vietnam? (Image from the Internet)
Is Tet Thanh Minh considered an official holiday according to labor law in Vietnam?
According to Article 112 of the Labor Code 2019 regarding holidays, it states:
Holidays and Tet
1. Employees are entitled to fully paid days off on the following holidays:
a) Gregorian New Year: 01 day (January 01 of the Gregorian calendar);
b) Lunar New Year: 05 days;
c) Victory Day: 01 day (April 30 of the Gregorian calendar);
d) International Labor Day: 01 day (May 01 of the Gregorian calendar);
dd) National Day: 02 days (September 02 of the Gregorian calendar and 01 adjacent day either before or after);
e) Hung Kings Commemoration Day: 01 day (March 10 of the lunar calendar).
2. Foreign employees working in Vietnam are entitled to an additional 01 traditional New Year day and 01 National Day of their country.
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Among the holidays listed above, Tet Thanh Minh is not included as a fully paid day off for employees.
What are the penalties for causing a fire by burning votive papers on Tet Thanh Minh in Vietnam?
According to Article 50 of Decree 144/2021/ND-CP, the regulation states:
Violation of regulations on fire prevention and fighting at households
1. A warning or a fine from 100,000 VND to 300,000 VND shall be imposed for violations of fire safety regulations that cause a fire, resulting in property damage from 50,000,000 VND to less than 100,000,000 VND.
2. A fine from 1,000,000 VND to 3,000,000 VND shall be imposed for any of the following acts:
a) Violation of fire prevention regulations that cause a fire, resulting in property damage exceeding 100,000,000 VND;
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3. Remedial measures:
Compulsory payment of all medical examination and treatment costs for violations specified in points b and c of clause 2 of this Article.
Simultaneously, Article 51 of Decree 144/2021/ND-CP stipulates:
Violation causing a fire or explosion
1. A warning or a fine from 100,000 VND to 300,000 VND shall be imposed for violations of fire safety regulations that cause a fire, resulting in property damage below 20,000,000 VND.
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4. A fine from 5,000,000 VND to 10,000,000 VND shall be imposed for any of the following acts:
a) Violation of fire safety regulations that cause a fire, resulting in property damage exceeding 100,000,000 VND;
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5. Remedial measures:
Compulsory payment of all medical examination and treatment costs for violations specified in points b and c of clause 4 of this Article.
Additionally, Article 180 of the Criminal Code 2015, supplemented by point g of clause 1 of Article 2 of the Law Amending the Criminal Code 2017, stipulates:
Offense of negligently causing serious damage to property
1. Any person who negligently causes damage to another person's property valued between 100,000,000 VND and less than 500,000,000 VND shall be subject to a warning or non-custodial reform for up to 02 years.
2. Anyone who commits the offense causing property damage valued at 500,000,000 VND or more shall be subject to non-custodial reform for 02 to 03 years or imprisoned for 03 months to 02 years.
Also, Article 313 of the Criminal Code 2015, amended by paragraph 115 of Article 1 of the Law Amending the Criminal Code 2017, specifies criminal responsibilities for fire safety violations as follows:
Offense of violating fire prevention and fighting regulations
1. Any person who violates fire prevention regulations causing damage to another person under any of the following circumstances shall be subject to non-custodial reform for up to 03 years or imprisonment for 02 to 05 years:
a) Causing death;
b) Causing injury or harming the health of another person with an injury rate of 61% or more;
..3. If the offense falls under one of the following circumstances, the offender shall be sentenced to 07 to 12 years in prison:
a) Causing the death of three or more persons;
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4. Violating fire prevention regulations that realistically could lead to the consequences specified in points a, b, and c of clause 3 of this Article, if not promptly prevented, shall be subject to a warning, non-custodial reform for up to 01 year, or imprisonment for 03 months to 01 year.
5. The offender may also be fined between 10,000,000 VND and 50,000,000 VND, banned from holding certain positions, practicing certain professions, or performing certain jobs for 01 to 05 years.
Thus, depending on the nature and severity of the violation, the act of burning votive papers causing a fire may result in either administrative penalties or criminal prosecution as stipulated in the above regulations.
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