What is the administrative penalty for smoking at petrol filling stations in Vietnam?
What is the administrative penalty for smoking at petrol filling stations in Vietnam? Can smoking at petrol filling stations in Vietnam be sentenced to prison? I see that most petrol filling stations have signs prohibiting smoking, using mobile phones, but I have a habit of smoking. So I ask if I will be fined for smoking like that?
What is the administrative penalty for smoking at petrol filling stations in Vietnam?
According to Article 1, Clause 12 of Circular 15/2020/TT-BCT on post fire prevention and suppression regulations, fire fighting regulations, fire prohibition sign and mobile prohibition in noticeable and legible places in petrol filling stations.
According to this regulation, sources of fire such as matches and lighters are prohibited at petrol filling stations.
Based on Article 35 of Decree 144/2021/NĐ-CP on violations against regulations on fire prevention and firefighting during management, use of sources of fire/heat, fire-/heat-generating devices or electronic devices, the following penalties apply:
1. A warning or fine of from 100.000 VND to 300.000 VND shall be imposed for bringing matches, lighters, cellphones, sources of fire/heat, fire-/heat-generating devices to areas where they are banned.
2. A fine ranging from 300.000 VND to 500.000 VND shall be imposed for use of sources of fire/heat, fire-/heat-generating devices without maintaining a fire safety distance according to regulations of law.
3. A fine ranging from 3.000.000 VND to 5.000.000 VND shall be imposed for use of sources of fire/heat, fire-/heat-generating devices, electric devices or electronic devices in areas where they are banned.
4. A fine ranging from 10.000.000 VND to 15.000.000 VND shall be imposed for welding, cutting metals without implementing fire safety measures as prescribed by law.
Therefore, carrying matches and lighters to petrol filling stations can result in a warning or a fine ranging from 100,000 VND to 300,000 VND, and using them can result in a fine ranging from 3,000,000 VND to 5,000,000 VND. This applies even if you use electronic cigarettes because they have an internal power source.
What is the administrative penalty for smoking at petrol filling stations in Vietnam? (Image from the Internet)
Can smoking at petrol filling stations in Vietnam be sentenced to prison?
Based on Clause 1, Article 313 of the 2015 Criminal Code, which regulates offences against regulations of law on fire safety and fire fighting, the following penalties apply:
1. Any person who violates regulations of law on fire safety or fire fighting 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 01 person or bodily harm to 01 person who suffers from ≥ 61% WPI;
b) The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% WPI;
c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI of 61% - 121%;
d) The property damage caused by the offence is assessed at from VND 100,000,000 to under VND 500,000,000.
Therefore, intentionally lighting a cigarette near a gas tank, which poses a danger to the community and violates state regulations on fire prevention and fighting, will be held liability if it causes a fire and the damages mentioned above.
Best Regards!
