What are the fines imposed on apartment buildings for violations against regulations on fire prevention and firefighting in Vietnam?

What are the fines imposed on apartment buildings for violations against regulations on fire prevention and firefighting in Vietnam?

Pursuant to Article 51 of the Decree 144/2021/NĐ-CP stipulating penalties for causing fire or explosion as follows:

- 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.

- A fine ranging from 1.000.000 VND to 3.000.000 VND shall be imposed for violations against regulations on fire prevention and firefighting that causes a fire or explosion and property damage of from 20.000.000 VND to less than 50.000.000 VND.

- A fine ranging from 3.000.000 VND to 5.000.000 VND shall be imposed for violations 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.

- A fine ranging from 5.000.000 VND to 10.000.000 VND shall be imposed for any of the following violations:

+ 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;

+ Any violation against regulations on fire prevention and firefighting that cause bodily harm upon 01 person with whole person impairment (WPI) of less than 61%;

+ Any violation against regulations on fire prevention and firefighting that cause bodily harm upon 02 or more persons, each of whom suffers < 61% WPI.

Note: The fines specified in Chapter II of this Decree are imposed upon administrative violations committed by individuals. The fine imposed upon an organization for the same violation shall be twice the fine imposed upon an individual (Clause 2 Article 4 of the Decree 144/2021/NĐ-CP).

What are the fines imposed on apartment buildings for violations against regulations on fire prevention and firefighting in Vietnam? - Source: Internet

What is the imprisonment sentence imposed on apartment buildings for violations against regulations on fire prevention and firefighting in Vietnam?

Pursuant to Article 313 of the Criminal Code in 2015 (amended by Clause 115 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating offences against regulations of law on fire safety and fire 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.

As regulations above, apartment buildings related to violations against regulations on fire prevention and firefighting in Vietnam shall be liable to a penalty of up to 12 years' imprisonment.

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.

However, depending on the circumstances and the level of damage to property, health and life, the Court will issue the final decision.

Are apartment buildings subject to insured entities of compulsory fire and explosion insurance in Vietnam?

Pursuant to Article 23 of the Decree 67/2023/NĐ-CP stipulating insured entities as follows:

Insured entities

1. The insured of compulsory fire and explosion insurance is the entire property of facilities facing fire and explosion hazards, including:

a) Houses, construction works and property attached thereto; machinery and equipment.

b) Goods and supplies (including raw materials, semifinished products and finished products).

2. The insured and locations of the insured must be specified in insurance policies and insurance certificates.

In addition, as prescribed in Section 2 of Appendix 2 to the List of Premises with Fire and Explosion Hazards issued together with Decree 136/2020/NĐ-CP, apartment buildings, collective houses, and dormitory buildings are buildings with a height of 7 floors or more or a total volume of 10,000 cubic meters or more; mixed-use buildings with a height of 5 floors or more or a total volume of 5,000 cubic meters or more.

Therefore, apartment buildings are one of the insured objects of compulsory fire insurance.

Note: Not only apartment buildings, but all assets related to apartment buildings are also subject to compulsory fire insurance under the law.

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