What are the fines for drawing Graffiti at public places in Vietnam?

What are the fines for drawing Graffiti at public places in Vietnam?

Pursuant to Article 7 of the Decree 144/2021/NĐ-CP stipulating violations against regulations on public order as follows:

1. A warning or a fine ranging from 300.000 VND to 500.000 VND shall be imposed for any of the following violations:

a) Disrupting order at a place with ongoing art performance, sports activities, commerce, office buildings, residential areas or other public places, except the cases specified in Point a Clause 2 and Point b Clause 5 of this Article;

b) Allowing domestic animals to run off-leash in an urban area or public area;

c) Allowing domestic animals, plants or other items to occupy the road surface, sidewalk, public park, playground, urban area or public area in a residential area or urban area;

d) Unintentionally causing injuries or bodily harm to another person but not liable to criminal prosecution;

dd) Throwing or putting any other item on the perimeter walls and adjacent areas of the protected area;

e) Raising, grazing livestock and poultry in an apartment building

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.

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As regulations above, drawing at public places in Vietnam without permission of a competent authority is against the law. A fine ranging from 1.000.000 VND to 2.000.000 VND shall be imposed for drawing Graffiti at public places in Vietnam without permission of a competent authority.

Is Graffiti a performing art in Vietnam?

Pursuant to Article 2 of the Decree 144/2020/NĐ-CP stipulating regulated entities as follows:

In this Decree, the following terms are construed as follows:

1. Performing arts activities are activities of creating art products shaped in the form of text, sound and images for direct communication or indirectly through technical means to the public in the form of performing arts; circulation of phonograms and video recordings with artistic performance content.

2. Art performance is an activity to show various types of performing arts, beauty contests, modeling contests or a combination of performing arts with fashion shows, cultural and sports activities.

3. Performing arts include theater, music, dance and other traditional and modern folk performances of Vietnam and the world.

4. Circulating phonograms and video recordings with artistic performance content means bringing in audio products, images with performance art content formatted on tapes, discs, software and other materials for business, exploitation and use in society.

As regulations above, performance art forms include theatre, music, dance and other traditional and modern folk performances of Vietnam and the world. Graffiti painting is not considered a performing art because it is not covered by the law.

In fact, graffiti is still considered an art form for the Hiphop community, but legally it has not been recognized.

Best regards!