What are the fines for opposing land recovery officials in Vietnam?

What are the fines for opposing land recovery officials in Vietnam?

Pursuant to Clause 2 Article 21 of the Decree 144/2021/NĐ-CP stipulating acts of obstructing or resisting inspection, examination and control of on-duty officers or giving bribes to on-duty officers as follows:

2. A fine of from VND 4.000.000 to VND 6.000.000 shall be imposed for any of the following violations:

a) Obstructing or failing to comply with the requirements for inspection, examination and control or other duties of on-duty officers according to regulations of the Law;

b) Having words or actions threatening, abusive, insulting the honor and dignity of the on-duty officers;

c) Organizing, enticing, assisting, tempting another person not to comply with the requirements for inspection, examination and control of the on-duty officers;

Therefore, your father's actions of opposing the land recovery officials are considered an act of obstructing the performance of public duties. He may be fined from 4 million to 6 million VND for this act under the law.

What are the fines for opposing land recovery officials in Vietnam? - Source: Internet

Can people opposing land recovery officials face imprisonment sentence in Vietnam?

Pursuant to Article 330 of the Criminal Code in 2015 stipulating resisting a law enforcement officer in performance of his/her official duties as follows:

1. Any person who uses violence, threat of violence or otherwise obstructs a law enforcement officer from performing his/her official duties or forces a law enforcement officer to act against the law shall face a penalty of up to 03 years' community sentence or 06 - 36 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 has been committed more than once;

c) The offender persuades or incites another person to commit the offence;

d) The property damage caused by the offence is assessed at ≥ VND 50,000,000;

dd) Dangerous recidivism.

As regulations above, depending on the severity and nature of your father's actions of opposing the land recovery officials, he may be sentenced to imprisonment from 6 months to 84 months under the law.

What are the measures to prevent acts of opposing public officials in Vietnam?

Pursuant to Article 14 of Decree 208/2013/NĐ-CP stipulating measures to prevent acts of obstructing the performance of public duties as follows::

1. Explain to the person who has committed the violation that they have violated the law and request that they immediately cease the violation. Request the person to present their ID card and other necessary documents for inspection.

2. Force the person who has committed the violation of the law to cease the violation and comply with the instructions and requests of the public official.

3. Arrest the person who has committed an act of obstructing the performance of public duties; search the person, vehicle, and confiscate, disable weapons, firearms, explosives, and tools.

The procedures and procedures for arresting, searching, and searching the person who has committed an act of obstructing the performance of public duties and searching the vehicle are carried out in accordance with the law.

4. In the case of a large number of people obstructing the performance of public duties, take measures to persuade and convince the object to cease the violation; if necessary, take coercive measures in accordance with the law on ensuring public order to disperse the crowd; prevent, surround, control, isolate, and arrest the leading, organizing, and inciting objects.

5. In necessary, urgent cases or when the person who has committed an act of obstructing the performance of public duties uses military weapons or crude weapons to attack the public official, depending on the nature and severity of the violation and each specific case, the public official is allowed to use force, tools and equipment and technical or firing weapons for self-defense, attack, control, and arrest the person who has committed an act of obstructing the performance of public duties. The use of firearms in the course of duty is carried out in accordance with Article 22 of the Ordinance on the management, use of weapons, explosives, and tools and other relevant laws.

6. The handling of persons who have committed acts of obstructing the performance of public duties is carried out in accordance with the provisions of the law on administrative penalties and the criminal law, criminal procedure law.

For cases of obstructing the performance of public duties, the competent court is requested to increase the organization of mobile trials to contribute to prevention and education in general.

Above are the measures to prevent acts of opposing public officials in Vietnam.

Best regards!