Vietnam: What are the penalties imposed on entities burning votive paper that causes fire? What are the places where burning votive paper is permitted?
Is it prohibited to burn votive paper in Vietnam?
Pursuant to Point a, Clause 1, Article 14 of Decree 38/2021/ND-CP as follows:
Violation against regulations on organization of festivals
1. Imposing the fine ranging from 200,000 dong to 500,000 dong for one of the following violations:
a) Burning incense or burning votive paper in the wrong places;
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From the above provisions, it is prohibited to burn votive paper in Vietnam. However, entities burning votive paper in the wrong places when organizing the festival shall face administrative penalties.
What are the penalties imposed on entities burning votive paper that causes fire in Vietnam?
Article 50 of Decree 144/2021/ND-CP stipulates as follows:
Violations against regulations on fire prevention and firefighting in households
1. A fine ranging from 100.000 VND to 300.000 VND shall be imposed for any violation against regulations on fire prevention and firefighting that causes a fire or explosion and property damage of from 50.000.000 VND to less than 100.000.000 VND.
2. A fine ranging from 1.000.000 VND to 3.000.000 VND shall be imposed for any of the following violations:
a) Any violation against regulations on fire prevention and firefighting that causes a fire or explosion and property damage of more than 100.000.000 VND;
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3. Remedial measure:
Mandatory payment of the entire medical examination and treatment cost in case of violations specified in Point b and Point c Clause 2 of this Article.
At the same time, Article 51 of Decree 144/2021/ND-CP stipulates as follows:
Penalties for causing fire or explosion
1. A fine ranging from 100.000 VND to 300.000 VND shall be imposed for any violation against regulations on fire prevention and firefighting that causes a fire or explosion and property damage of less than 20.000.000 VND.
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4. A fine ranging from 5.000.000 VND to 10.000.000 VND shall be imposed for any of the following violations:
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5. Remedial measure:
Mandatory payment of the entire medical examination and treatment cost in case of violations specified in Point b and Point c Clause 4 of this Article.
At the same time, Article 180 of the 2015 Criminal Code stipulates as follows
Involuntary infliction of serious property damage
1. Any person who involuntarily inflicts a damage to another person's property which is assessed at from VND 100,000,000 to under VND 500,000,000 shall receive a warning or face a penalty of up to 02 years' community sentence.
2. If the damaged is assessed at ≥ VND 500,000,000, the offender shall face a penalty of 03 - 24 months' imprisonment.
In addition, Article 313 of the 2015 Criminal Code amended by Clause 115 Article 1 of the 2017 Law on Amendments to the Criminal Code stipulates as follows
Article 313. Offences against regulations of law on fire safety and fire fighting
1. Any person who violates regulations of law on fire safety or fire fighting and as a result causes damage for another person in any of the following circumstances shall face a penalty of up to 03 years' community sentence or 02 - 05 years' imprisonment:
a) The offence results in the death of a person;
b) The offence causes ≥ 61% WPI for another person;
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3. This offence committed in any of the following circumstances carries a penalty of 07 - 12 years' imprisonment:
a) The offence results in the death of ≥ 03 people;
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4. If this offence is likely to have any of the consequences mentioned in Point a, b, c Clause 3 of this Article is not promptly prevented, the offender shall receive a warning or face a penalty of up to 01 year’s community sentence or 03 - 12 months' imprisonment.
5. The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years.
Thus, based on the nature and seriousness of burning votive paper, administrative or criminal penalties shall be determined according to the above provisions.
What are the places where burning votive paper is permitted in Vietnam?
In fact, the law on fire prevention and fighting does not have specific regulations on places where burning votive paper is permitted. However, in order to ensure that in the process of using fire sources (including votive paper burning...), Clause 3, Article 5 of the Law on Fire Prevention and Fighting in 2001, amended and supplemented by Clause 2, Article 1 of the Law on Amendments to Law on Fire Prevention and Fighting 2013, stipulates :
Responsibility for fire prevention and fighting
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3. Heads of agencies, organizations and heads of households are responsible for organizing activities and regularly inspecting fire prevention and fighting within the scope of their responsibilities.
3a. Family holders shall:
a) Urge and remind family members to comply with regulations on fire prevention and fighting;
b) Regularly inspect, detect and promptly remedy the risk of fire or explosion;
c) Coordinate with other organizations, agencies and family households in ensuring the conditions for fire prevention and fighting; strictly control and safely use flammable or explosive substances;
3b. The individuals shall:
a) Comply with regulations, rules and requirements on fire prevention and fighting of the competent persons or authority;
b) Comply with the law and thoroughly grasp necessary knowledge about fire prevention and fighting; know how to use common tools and means of fire prevention and fighting;
c) Ensure the safety of fire prevention and fighting during the use of source of fire or heat, the fire or heat generating equipment and tools and in preservation and use of inflammable materials;
d) Prevent the risk of direct fire generation and acts of violation of regulations on safety of fire prevention and fighting;
dd) Comply with other regulations related to personal responsibility in this Law.
Thus, individuals are responsible for ensuring the safety of fire prevention and fighting during the use of a source of fire or heat, the fire or heat generating equipment and tools, and in the preservation and use of inflammable materials.
At the same time, according to Clause 5 Article 2 of Appendix 1 promulgated together with Circular 02/2016/TT-BXD, it is strictly forbidden to burn votive paper or fire in an apartment building, except for the places where burning votive paper is permitted according to regulations at the apartment building.
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