11/11/2024 09:41

What is the maximum prison sentence for violating fire prevention and fighting regulations in Vietnam? What are judgments related to this offense?

What is the maximum prison sentence for violating fire prevention and fighting regulations in Vietnam? What are judgments related to this offense?

The article below will provide content regarding the penalty levels for the crime of violating fire prevention and fighting regulations and a compilation of several judgments related to this offense.

What is the maximum prison sentence for violating fire prevention and fighting regulations in Vietnam?

According to Article 313 of the Criminal Code 2015 (amended and supplemented 2017) concerning crimes related to the violation of fire prevention and fighting regulations:

(1) Any person who violates fire prevention and fighting regulations causing harm to others, in one of the following cases, shall be subject to community sentence for up to 3 years or imprisonment from 2 to 5 years:

- Causing death;

- Inflicting injury or causing harm to the health of one person with a bodily injury rate of 61% or more;

- Inflicting injury or causing harm to the health of two or more people with a total bodily injury rate of 61% to 121%;

- Causing property damage between 100,000,000 VND and under 500,000,000 VND.

(2) If the offense falls under one of the following cases, the offender shall be sentenced to imprisonment from 5 to 8 years:

- Causing death to two people;

- Inflicting injury or causing harm to the health of two or more people with a total bodily injury rate of 122% to 200%;

- Causing property damage between 500,000,000 VND and under 1,500,000,000 VND.

(3) If the offense falls under one of the following cases, the offender shall be sentenced to imprisonment from 7 to 12 years:

- Causing death to three or more people;

- Inflicting injury or causing harm to the health of three or more people with a total bodily injury rate of 201% or more;

- Causing property damage of 1,500,000,000 VND or more.

(4) Violations of fire prevention and fighting regulations which may realistically lead to consequences as specified in one of points a, b, and c of clause 3 of this Article if not promptly prevented, shall be subject to warnings, community sentence for up to 1 year, or imprisonment from 3 months to 1 year.

(5) The offender may also be subject to a fine of between 10,000,000 VND and 50,000,000 VND, and prohibition from holding certain positions, practicing certain occupations, or doing certain jobs from 1 to 5 years.

Therefore, according to these regulations, an offender violating fire prevention and fighting regulations may be sentenced to a prison term of up to 12 years, with the specific penalty dependent on the degree and consequences of the criminal act. Additionally, the offender may also be fined between 10,000,000 VND and 50,000,000 VND and barred from holding certain positions, practicing certain occupations, or doing certain jobs for 1 to 5 years.

What are judgments on violation of fire prevention and fighting regulations in Vietnam?

No. Judgment Name Court Penalty
1 Judgment 30/2023/HS-PT on violation of fire prevention and fighting regulations People's Court of Lao Cai Province 2 years imprisonment, suspended
2 Judgment on violation of fire prevention and fighting regulations No. 109/2022/HS-PT People's Court of Bac Giang Province 3 years imprisonment, suspended
3 Judgment on violation of fire prevention and fighting regulations No. 59/2022/HS-ST People's Court of district-level town Hoai Nhon, Binh Dinh Province 24 months imprisonment, suspended
4 Judgment on violation of fire prevention and fighting regulations No. 12/2021/HS-ST People's Court of Dak To District, Kon Tum Province 18 months imprisonment
5 Judgment 190/2021/HS-PT dated May 07, 2021, on violation of fire prevention and fighting regulations People's Court of Ho Chi Minh City (Detain the defendant to re-handle the case file)
6 Judgment 77/2020/HS-ST dated December 24, 2020, on violation of fire prevention and fighting regulations People's Court of Loc Binh District, Lang Son Province 2 years imprisonment, suspended
7 Judgment 05/2020/HS-ST dated June 09, 2020, on violation of fire prevention regulations People's Court of Hiep Duc District, Quang Nam Province 5 years imprisonment
8 Judgment 48/2020/HS-PT on violation of fire prevention regulations People's Court of Ha Tinh Province 6 years 6 months imprisonment
9 Judgment 195/2019/HS-ST dated November 15, 2019, on violation of fire prevention regulations People's Court of Moc Chau District, Son La Province 24 months imprisonment, suspended
10 Judgment 39/2017/HSST dated November 22, 2017, on violation of fire prevention regulations People's Court of H District, Ha Tinh Province 12 months imprisonment, suspended
11 Judgment 27/2017/HSPT dated August 01, 2017, on violation of fire prevention regulations People's Court of Bac Ninh Province 4 years 6 months imprisonment
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