Penalties for Illegally Occupying Sidewalks as Parking Lots?

Some sidewalk areas in Ho Chi Minh City are utilized as parking lots. Please clarify how much the penalty will be for encroaching on sidewalks to use them as parking lots in this case. Looking forward to your prompt response!

According to the provisions of Article 36 of the Road Traffic Law 2008, roadbeds and sidewalks are to be used solely for traffic purposes.

Other activities conducted on streets must comply with the provisions set out in Clause 1, Article 35 of this Law. In special cases, the temporary use of part of the roadbed or sidewalk for other purposes is regulated by the provincial People's Committee but must not affect traffic order and safety.

Acts that obstruct traffic on roadbeds and sidewalks are prohibited.

Encroaching on sidewalks to use them as parking lots will be penalized under Article 12 of Decree 46/2016/ND-CP. Specifically:

- A fine ranging from 2,000,000 VND to 3,000,000 VND for individuals, and from 4,000,000 VND to 6,000,000 VND for organizations if occupying less than 5 square meters of urban roadbed or sidewalk as a parking space.

- A fine ranging from 4,000,000 VND to 6,000,000 VND for individuals, and from 8,000,000 VND to 12,000,000 VND for organizations if occupying from 5 square meters to less than 10 square meters of urban roadbed or sidewalk as a parking space.

- A fine ranging from 10,000,000 VND to 15,000,000 VND for individuals, and from 20,000,000 VND to 30,000,000 VND for organizations if occupying 20 square meters or more of urban roadbed or sidewalk as a parking space.

In addition to the enforcement of penalties, individuals and organizations committing the violation shall also be subjected to remedial measures, including: Mandatory removal, disposal of advertisements, cleaning up of waste, materials, equipment, apparatus, and restoring the original condition altered due to the administrative violation.

Sincerely!

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