Vietnam: In case people sounding a false fire alarm are reminded, disciplined and administratively sanctioned by the management board of the apartment building, is it in accordance with the law?
Is sounding a false fire alarm illegal?
Pursuant to Article 13 of the 2001 Law on Fire Prevention and Fighting of Vietnam (amended and supplemented by Clause 8, Article 1 of the 2013 Law amending and adding a number of articles of the Law on Fire Prevention and Fighting of Vietnam) stipulating as follows:
Prohibited acts
1. Intentionally causing fire or explosion, thus harming people’s life and health; causing material losses to the State, agencies, organizations and individuals; exerting adverse impacts on the environment, social security, order and safety.
2. Obstructing fire prevention and fighting activities; opposing people performing the fire prevention and fighting task.
3. Making corrupt use of fire prevention and fighting to harm the human life and health; infringing upon the property of the State, agencies, organizations and individuals.
4. Giving a sham fire alarm.
4a. Failing to alarm the fire upon the conditions for fire alarm; delaying the fire alarm.
5. Producing, storing, transporting, using and illegally trading substances at risk of fire and explosion;
5a. Carrying goods and inflammable and explosive substances to places crowded with people;
6. Performing works at risk of fire and explosion, high-rise buildings and commercial centers without design approved for fire prevention and fighting; accepting and putting the works at risk of fire and explosion, the high-rise buildings and commercial centers into use when they are not eligible for ensuring the safety of fire prevention and fighting;
7. Appropriating, damaging, arbitrarily changing, moving or obscuring the means and equipment of fire prevention and fighting, signs, signposts and impeding the escape exits.
8. Other acts violating the regulations of law on fire prevention and fighting.
Thus, sounding a false fire alarm is a prohibited act in fire prevention and fighting activities. Therefore, sounding a false fire alarm is considered a violation of the law.
Pursuant to Clause 2, Article 42 of Decree 144/2021/ND-CP of Vietnam stipulating as follows:
Violations against regulations on fire and incident/accident alarm
1. A fine ranging from 1.000.000 VND to 2.000.000 VND shall be imposed for any of the following violations:
a) Failure to fire alarm devices as prescribed by law;
b) Failure to replace damaged or compromised fire alarm devices as prescribed by law.
2. A fine ranging from 4.000.000 VND to 6.000.000 VND shall be imposed for any of the following violations:
a) Failure to sound the fire alarm or accident alarm, or obstructing the sounding of fire alarm or incident/accident alarm;
b) Sounding a false fire alarm or incident/accident alarm.
Thus, the person sounding a false fire alarm or incident/accident alarm can be administratively fined from VND 4 million to VND 6 million.
Vietnam: In case people sounding a false fire alarm are reminded, disciplined and administratively sanctioned by the management board of the apartment building, is it in accordance with the law?
Does the Management board of the apartment building in Vietnam have the right to remind and discipline people who sound a false fire alarm?
Pursuant to Point a, Clause 1, Article 104 of the 2014 Law on Housing of Vietnam stipulating as follows:
Rights and responsibilities of the Management board of the apartment building in Vietnam
1. Regarding the multi-owner building, the Management board has rights and obligations to:
a) Remind the homeowners or the occupiers to conform to the Regulations or Statutes of management and use of the apartment building;
Thus, the Management board of the apartment building has the right to remind the homeowners or the occupiers to conform to the Regulations or Statutes of management and use of the apartment building.
According to that, people who sound a false fire alarm will be reminded and disciplined by the management board of the apartment building according to the regulations on management and use of the apartment building.
Therefore, if there are provisions on sanctioning acts of sounding a false fire alarm in the regulations and rules of management and use of the apartment building, it is not against the law for the management board of the apartment building to remind, discipline and sanction the act of sounding a false fire alarm.
What are the rights and obligations of the management board of the apartment building in Vietnam?
Pursuant to Article 104 of the 2014 Law on Housing of Vietnam, the management board of the apartment building has the following rights and obligations:
- Remind the homeowners or the occupiers to conform to the Regulations or Statutes of management and use of the apartment building;
- Manage and use the funding for maintenance of common areas in the apartment building as prescribed of this Law and decisions issued by the Apartment building meeting; send a report on receipts and expenditures on this funding to the Apartment building meeting;
- Request the Apartment building meeting to pass the fees for apartment building management services;
- Conclude an agreement on provision of apartment building management services with the investor or the unit in charge of apartment building management chosen by the Apartment building meeting as prescribed in Point d Clause 3 Article 102 of this Law.
- In case the apartment building is not required to have the managing organization as prescribed in Point b Clause 1 Article 105 of this Law but it is transferred to the Management board of the apartment building by the Apartment building meeting, the Management board shall conduct the receipts and expenditures of funding provided for in the decision of Apartment building meeting;
- Conclude an agreement with a housing maintenance unit as prescribed in law on construction to maintain the common areas of the apartment building and observe the maintenance operation. The maintenance of common areas may be carried out by the management unit of apartment building or the housing maintenance unit as prescribed in law on construction;
- Collect opinion and suggestion from the occupiers about the management, use and provision of apartment building services, then cooperate with related competent agencies, organizations or individual in consideration;
- Cooperate with the local governments, neighborhoods in adoption of civilized lifestyle, maintenance of social order and security in the apartment building;
- Conform to Operation regulation issued by the Management board of the apartment building passed by Apartment building meeting, do not dismiss or supplement members to the Management board of the apartment building itself;
- Receive responsibility remuneration and other reasonable costs as provided for in the decisions issued by Apartment building meeting;
- Take legal responsibility, take responsibility to the homeowners or occupiers when they exercise rights and fulfill obligations inconsistently with this Clause;
- Perform other tasks assigned by the Apartment building meeting in accordance with regulations of law.
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