What are the fines for throwing motor oil and shrimp paste to business partners in Vietnam?

What are the fines for throwing motor oil and shrimp paste to business partners in Vietnam?

Pursuant to Clause 4, 13, 14 Article 7 of the Decree 144/2021/NĐ-CP stipulating as follows:

4. A fine ranging from 3.000.000 VND to 5.000.000 VND shall be imposed for any of the following violations:

a) Hiring, inciting, enticing, tempting another person to cause disruption of public order;

b) Carrying, storing, hiding cold weapons, combat gears or other items that can cause injuries; items, vehicles for the purpose of disrupting public order or causing injuries to another person;

c) Taking advantage of democracy, freedom of religion and belief to organize, hire, entice, tempt another person to infringe upon interests of the State, or lawful rights and interests of another organization or individual;

d) Disrupting or obstructing normal operation of an organization;

dd) Gathering, joining crowds illegally at Communist Party agency, State agency or an area where crowds are banned.

e) Dumping, throwing wastes, dirty matters, chemicals, debris or other objects into a house, residence; at a person, item or property of another person; into the premises of an organization, workplace, factory, business organization, protected area or guard post thereof;

g) Entering a protected area or guard post thereof without permission;

h) Using an UAV or ultralight aircraft to fly a flag, banner, drop fliers or play audio propaganda against the flight permit;

i) Writing, spreading, circulating documents or images that are meant to slander another organization or individual, except the case specified in Clause 1 Article 101 of the Government’s Decree No. 15/2020/ND-CP.

13. Additional penalties:

a) Confiscation of the exhibits and means of administrative violations for the violations specified in Points a, d, dd and g Clause 2; Points dd Clause 3; Points b, e and i Clause 4; Points a, b and c Clause 5; Clauses 6 and 10 of this Article;

b) 3 - 6 months suspension of the license for designing, manufacturing, repairing, maintaining, testing UAVs or ultralight aircrafts, engines, propellers and parts thereof in case of violations specified in Point h and Point I Clause 3 and Clause 9 of this Article ;

c) 3 – 6 months suspension of the flight license in case of violations specified in Clauses 6, 7, 8 and 11 of this Article;

d) Expulsion of foreigners committing the violations specified in Points c, e and g Clause 4 of this Article.

14. Remedial measures:

a) Mandatory restoration of original condition in case of violations specified in Point c Clause 1; Point l Clause 2 and Point e Clause 4 of this Article;

b) Mandatory rectification of false or confusing information in case of violations specified in Point a Clause 3; Point I Clause 4 of this Article;

c) Mandatory public apology in case of violations specified in Point a Clause 3, Points d and dd Clause 5 of this Article, unless it is relinquished in writing by the victim;

d) Mandatory environmental recovery in case of violations specified in Point h Clause 5 of this Article;

dd) Mandatory payment of the entire medical examination and treatment cost in case of violations specified in Point d Clause 1, Point c Clause 2, Point b Clause 3 and Point a Clause 5 of this Article.

As regulations above, V will face a fine from 3.000.000 VND to 5.000.000 VND for throwing motor oil and shrimp paste into your house.

In addition, the exhibits and means of administrative violations for the violations shall be confisticated. V shall also be made to restore the original condition of your house.

Is there any penalty of disrupting of public order for throwing motor oil and shrimp paste to business partners in Vietnam?

Pursuant to Article 318 of the Criminal Code in 2018 stipulating disturbance of public order as follows:

1. Any person who causes disturbance of public order which negatively impacts social safety, order or security or does it while having incurred an administrative penalty for the same offence or having an unspent conviction for the same offence shall be liable to a fine of from VND 5,000,000 to VND 50,000,000 or face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence involves use of weapons or vandalism;

c) The offence results in serious traffic congestion or suspension of public activities;

d) The offender incites other people to cause disturbance;

dd) The offender attacks the person who intervenes to maintain public order;

e) Dangerous recidivism.

As regulations above, V shall face a maximum penalty of 07 years' imprisonment for throwing motor oil and shrimp paste, which disturbance of public order.

The specific penalty will be decided by the Court depending on the severity and nature of Mr. V's violations.

Is there any penalty of deliberate destruction of property for throwing motor oil and shrimp paste to business partners in Vietnam?

Pursuant to Article 178 of the Criminal Code in 2018 (amended by Clause 36 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating disturbance of public order as follows:

1. Any person who deliberately destroys another person's property which is assessed at from VND 2,000,000 to under VND 50,000,000 or under VND 2,000,000 in any of the following circumstances shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) The offender incurred an administrative penalty for any of the offences specified in this Article;

b) The offender has an unspent conviction for the same offence;

c) The offence has a negative impacts on social safety, order, and security;

d) The property destroyed is the primary means of livelihood of the victim and the victim's family;

dd) The property destroyed is a souvenir or relic.

2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

a) The offence is committed by an organized group;

b) The property damaged is assessed at from VND 50,000,000 to under VND 200,000,000;

c) The property destroyed is national treasure;

d) The offence is committed using a flammable substance or other dangerous methods;

dd) The offence is committed to conceal another crime;

e) The offence is committed because of the victim's official duties;

g) Dangerous recidivism.

3. If the property destroyed is assessed at from VND 200,000,000 to under VND 500,000,000, the offender shall face a penalty of 05 - 10 years' imprisonment.

4. If the property destroyed is assessed at ≥ VND 500,000,000, the offender shall face a penalty of 10 - 20 years' imprisonment.

5. The offender may also be liable to a fine of from VND 10,000,000 to VND 100,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 years.

As regulations above, V shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 03 years' community sentence or 06 - 240 months' imprisonment for throwing motor oil and shrimp paste to business partners.

In addition, V may also be liable to a fine of from VND 10,000,000 to VND 100,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 years.

Best regards!