What is a microapartment in Vietnam? What is the penalty for microapartment owner who violates regulations of law on fire safety and results in the death of another person?
What is a microapartment in Vietnam?
According to the provisions of Clause 3, Article 3 of the Law on Housing 2014, microapartments are explained as follows:
3. Apartment building means any multi-storey building which has multiple apartments, public stairs, hall ways, private areas, common areas and common infrastructural works for organizations, households or individuals, including apartment buildings for residential use and mixed-use buildings for both business and residential purposes.
Thus, the current law does not regulate the term of microapartment.
However, it can be understood that microapartments are built by households and individuals, with 2 or more floors, on each floor there are 2 or more apartments with 25–50 square metres, suitable for low-income people or small families.
Note: In case of an apartment building, the apartment must be designed and built in a closed style, ensuring standards, construction regulations, and social housing area standards.
What is a microapartment in Vietnam? What is the penalty for microapartment owner who violates regulations of law on fire safety and results in the death of another person? (Picture from internet)
What are the fire safety requirements applicable to microapartments in Vietnam?
Pursuant to the provisions of Article 5 of Decree 136/2020/ND-CP, regulations on fire prevention and fighting requirements for microapartment buildings are as follows:
For microapartment buildings less than 5 floors high and with a volume of less than 5,000 m3:
- Regulations, prohibition signs, signage, plans or instruction signs concerning fire prevention, fighting and escape are provided in accordance with fire prevention and fighting regulations and standards or regulations of the Ministry of Public Security;
- There is a firefighting plan approved by the competent authority;
- Power system, lightning protection system, antistatic system, electrical equipment, spark-generating equipment, heat-generating equipment, and the use of fire sources and heat sources must ensure fire safety in accordance with regulations and standards on fire prevention and fighting or regulations of the Ministry of Public Security.
- There are sufficient and quality traffic system, water supply system and communication system supporting fire fighting, system for management of database on fire prevention and fighting, incident notification system, fire alarm system, firefighting system, fire blocking system, smoke blocking system, fire escape system, other fire prevention and fighting equipment, and rescue equipment in accordance with regulations and standards on fire prevention and fighting or regulations of the Ministry of Public Security;
- There are fire prevention and fighting regulations and task assignment. Persons in charge of fire prevention and fighting must join training and refresher courses on fire prevention and fighting operation according to regulations in Article 33 of Decree 136/2020/ND-CP.
For microapartment buildings of 5 floors or more or with a volume of 5,000 m3 or more:
- Regulations, prohibition signs, signage, plans or instruction signs concerning fire prevention, fighting and escape are provided in accordance with fire prevention and fighting regulations and standards or regulations of the Ministry of Public Security;
- There are internal and specialized firefighting forces suitable for the facility’s characteristics and having received training in fire prevention and fighting operation, and on-site combat-ready firefighters according to regulations, excluding the case provided for in Point g Clause 2 Article 31 of Decree 136/2020/ND-CP;
- There is a firefighting plan approved by the competent authority;
- Power system, lightning protection system, antistatic system, electrical equipment, spark-generating equipment, heat-generating equipment, and the use of fire sources and heat sources must ensure fire safety in accordance with regulations and standards on fire prevention and fighting or regulations of the Ministry of Public Security;
- There are sufficient and quality traffic system, water supply system and communication system supporting fire fighting, system for management of database on fire prevention and fighting, incident notification system, fire alarm system, firefighting system, fire blocking system, smoke blocking system, fire escape system, other fire prevention and fighting equipment, and rescue equipment in accordance with regulations and standards on fire prevention and fighting or regulations of the Ministry of Public Security;
- The fire safety and firefighting authority (hereinafter referred to as “firefighting authority”) has issued a certificate of design appraisal and design appraisal document (if any) and written approval of fire safety commissioning results for projects and works included in the list in Appendix V enclosed therewith, excluding national defense facilities operating for military purpose and motor vehicles subject to special fire safety requirements manufactured or converted for military purpose by national defense facilities.
Vietnam: What is the penalty for microapartment owner who violates regulations of law on fire safety and results in the death of another person?
Pursuant to Article 313 of the Criminal Code 2015 (amended by Clause 115, Article 1 of the Law on amendments to the Criminal Code 2017) stipulates the crime of violating regulations on fire prevention and fighting as follows:
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;
c) The offence causes a total WPI of 61% - 121% for more than one person.
d) The property damage caused by the offence is assessed at from VND 100,000,000 to under VND 500,000,000.
2. This offence committed in any of the following circumstances carries a penalty of 05 - 08 years' imprisonment:
a) The offence results in the death of 02 people;
b) The offence causes a total WPI of 122% - 200% for more than one person;
c) The property damage caused by the offence is assessed at from VND 500,000,000 to under VND 1,500,000,000.
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;
b) The offence causes a total WPI of ≥ 201% for ≥ 03 people;
c) The property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
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.
Based on the above regulations, in case the microapartment owner violates regulations of law on fire safety or fire fighting and as a result causes damage for another person, such owner shall face a maximum penalty of 12 years in prison.
In addition, 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.
Note: 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.
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