What are the fines imposed on individuals for lighting and launching sky lanterns in Vietnam?

What are the fines imposed on individuals for lighting and launching sky lanterns in Vietnam?

Pursuant to Clause 2 Article 7 of the Decree 144/2021/NĐ-CP stipulating the fines imposed on individuals for lighting and launching sky lanterns in Vietnam as follows:

Violations against regulations on public order

2. A fine ranging from 1.000.000 VND to 2.000.000 VND shall be imposed for any of the following violations:

a) Using alcohol or stimulants in a manner that disrupts public order;

b) Assembling, joining a crowd in a public area in a manner that disrupts public order;

c) Allowing a domestic animal to cause injuries or damage to property of another organization or individual but not liable to criminal prosecution;

d) Flying kites, balloons, playing other flying toys in an area where they are banned or in a protected area;

dd) Using an unmanned aerial vehicle (UAV) or an ultralight aircraft without a flight license, or organizing flights before having the license or after having been registered but the permitted time, location, area, coordinates and limits are not adhered to;

e) Obstructing, harassing another person during handling, transport, storage of luggage at a market, wharf, bus station, airport, port, train station or another public area;

g) Lighting and launching sky lanterns;

h) Failure to have adequate documents while operating an UAV or ultralight aircraft;

i) Organizing flights of an UAV or ultralight aircraft while the operator has not fulfilled flight requirements;

k) Organizing flights of an UAV or ultralight aircraft while the UAV or ultralight aircraft is not flight-qualified;

l) Spraying paint, writing, drawing, sticking images or text on a wall, utility pole or another place in a residential area, public area, apartment building, a citizen's residence or another construction work without permission of a competent authority.

As regulations above, a fine ranging from 1.000.000 VND to 2.000.000 VND shall be imposed for lighting and launching sky lanterns.

Note: Above is the fine imposed on individuals. If the violator is an organization, the fine shall be from 2.000.000 VND to 4.000.000 VND in accordance with Clause 2 Article 4 of the Decree 144/2021/NĐ-CP.

What are additional penalties and remedial measures imposed on individuals for lighting and launching sky lanterns in Vietnam?

Pursuant to Clause 13 and 14, Article 7 of the Decree 144/2021/NĐ-CP stipulating additional penalties and remedial measures imposed on individuals for lighting and launching sky lanterns in Vietnam as follows:

Violations against regulations on public order

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, the sky lanterns used for violations shall be confiscated. There is no remedial measures for this violations.

Who shall have responsibility in management of individuals and organizations in launching sky lanterns in Vietnam?

Pursuant to Article 2 of the Decision 95/2009/QĐ-TTg stipulating responsibilities of agencies and sectors in handling the act of lighting and launching sky lanterns as follows:

- The Ministry of Culture, Sports and Tourism and the Ministry of Public Security shall assume the prime responsibility for, and coordinate with concerned ministries, branches and agencies in, guiding the implementation of this Decision; research and propose measures to handle administrative violations for acts of producing, importing, storing, transporting, trading, lighting and launching "sky lanterns".

2. The Ministry of Information and Communications shall assume the prime responsibility for, and coordinate with the Ministry of Culture, Sports and Tourism, the Committee for Ethnic Minorities, ministries, branches and localities in intensifying propaganda work widely in the public media about this Decision so that citizens can understand and strictly implement it.

3. The Ministry of Education and Training shall assume the prime responsibility for, and coordinate with the Central Committee of the Ho Chi Minh Communist Youth Union and relevant agencies in, propagating and educating young people, teenagers, pupils and students to be aware of the dangers of burning and releasing "sky lanterns", actively participating in mobilizing the whole society to implement this Decision.

4. The People's Committees of the provinces and central-affiliated cities, based on their assigned functions and tasks, are responsible for managing, examining, detecting and handling violations of production, import, storing, transporting, trading, lighting and launching “sky lanterns” in accordance with the law.

As regulations above, ministries, People's Committees of the provinces and central-affiliated cities are responsible for management of individuals and organizations in launching sky lanterns in Vietnam.

Best regards!