Disturbance of public order under the 2015 Criminal Code of Vietnam
Disturbance of public order under the Criminal Code 2015 of Vietnam
According to the provisions of Article 318 of the Criminal Code 2015:
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Any person who disturbs public order, adversely affecting social security, order, and safety or has been administratively sanctioned for this act or has been convicted of this crime, and the conviction has not been expunged, shall be fined from VND 5,000,000 to VND 50,000,000, re-educated without detention for up to 2 years, or imprisoned for between 3 months to 2 years.
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Committing the crime in one of the following cases, shall be imprisoned from 2 years to 7 years:
a) Organized;
b) Using weapons, rudimentary weapons, or committing acts of vandalism;
c) Seriously obstructing traffic or causing public activities to be halted;
d) Inciting others to cause disorder;
dd) Assaulting those intervening to maintain public order;
e) Dangerous recidivism.
The legal signs of this crime are:
Object: The above acts infringe upon public order and safety.
Subject: The subject of this crime can be any person who has criminal liability and meets the legal age requirement.
Objective aspect: Performing acts that disturb public order, showing a disregard for order in crowded places such as markets, schools, etc., demonstrated through actions such as using force to cause disorder, damaging public and private property, or grossly insulting those around in public places.
The basis for criminal responsibility for acts of disturbance of public order is causing adverse impacts on social security, order, and safety or having been administratively penalized for this act or having been convicted of this crime, and the conviction has not been expunged.
Subjective aspect: The perpetrator commits this crime with intentional fault.
Applicable penalty for offenders:
For ordinary composition cases: The offender may be fined from VND 5,000,000 to VND 50,000,000, re-educated without detention for up to 2 years, or imprisoned for between 3 months to 2 years.
For aggravated composition cases: The offender may be imprisoned between 2 years to 7 years.
The above is the advisory content on the Disturbance of public order. To understand this issue further, please refer to the Criminal Code 2015.
What is the administrative fine for disturbance of public order in Vietnam?
Based on Point b, Clause 5, Article 7 of Decree 144/2021/ND-CP, the regulations are as follows:
- Fines ranging from VND 5,000,000 to VND 8,000,000 shall be imposed for one of the following acts:
a) Intentionally causing injury or harm to another person’s health but not subject to criminal prosecution;
b) disturbance of public order while carrying rudimentary weapons, support tools, or other tools or objects capable of causing injury;
Thus, for the above administrative violation, a fine ranging from VND 5,000,000 to VND 8,000,000 can be imposed and the confiscation of exhibits, tools, and means of administrative violation for this act.
Sincerely!
