What are the fines for placing obstacles to prevent vehicles from parking in front of the house in Vietnam?

What are the fines for placing obstacles to prevent vehicles from parking in front of the house in Vietnam?

Pursuant to Clause 10, 11, 12, Article 11 of the Decree 100/2019/NĐ-CP (amended by Clause 34.s Article 2 of the Decree 123/2021/NĐ-CP) stipulating as follows:

10. A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed upon any person:

a) Spreading nails or other pointed objects on public roads, spilling oil or other slippery substances on public roads; stretching strings or placing obstacles on public roads that threaten people and vehicles in traffic;

b) Infringing upon the health or belongings of the victim or the culprit;

c) Taking advantage of the accident to attack, threaten, inciting, harassing other people, disturb the order, or obstruct the handling of the road collision.

11. Apart from incurring fines, a vehicle operator that commits any of the violations specified in Clause 10 of this Article shall also have his/her driving license suspended for 1 - 3 months.

12. Apart from incurring penalties, following remedial measures shall also be adopted:

a) Individuals and organizations committing violations specified in Clause 4 of this Article must remove objects obstructing vision of traffic signs and traffic lights;

b) Individuals and organizations committing violations specified in Point a Clause 10 of this Article must collect pointy, sharp objects, string or other obstacles and restore to original conditions prior to the administrative violations.

As regulations above, a fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed for placing obstacles to prevent vehicles from parking in front of the house in Vietnam.

In addition, individuals must collect the obstacles and restore to original conditions prior to the administrative violations.

Shall the act of placing obstacles to prevent vehicles from parking in front of the house in Vietnam be lialbe to criminal prosecution?

Pursuant to Clause 73 Article 1 of the Law on amendments to the Criminal Code in 2017 stipulating obstruction of road traffic as follows:

1. Any person who illegally digs, drills, cuts, buries road traffic works; illegally places or spills materials, wastes, garbage, slippery substances, sharp items, or other obstacles that obstruct road traffic; illegally removes, moves, blocks, or destroys road signs, traffic lights, milestones, road mirrors, median strip, or other road safety equipment; opens illegal crossing; illegally uses sidewalks, carriageway; illegally uses road safety corridors or commits violations against regulations on road traffic safety during construction on public roads and causes damage for another person in any of the following circumstances shall be liable to a fine of from VND 30,000,000 to VND 100,000,000, up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) The offence results in the death of a person;

b) The offence causes ≥ 61% WPI for another person;

c) The offence causes a total WPI of 61% - 121% for more than one person.

d) The property damage caused by the offence is assessed at from VND 100,000,000 to under VND 500,000,000.

2. This offence committed in any of the following circumstances carries a fine of from VND 100,000,000 to VND 300,000,000 or a penalty of 02 - 07 years' imprisonment:

a) The offence is committed on a mountain pass, freeway or dangerous road;

b) The offence results in the death of 02 people;

c) The offence causes a total WPI of 122% - 200% for more than one person.

d) The property damage caused by the offence is assessed at from VND 500,000,000 to under VND 1,500,000,000.

3. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:

a) The offence results in the death of ≥ 03 people;

b) The offence causes a total WPI of ≥ 201% for ≥ 03 people;

c) The offence results in property damage assessed at ≥ VND 1,500,000,000.

4. If the act of obstruction of road traffic that is likely to have any of the consequences mentioned in Point a, b, c Clause 3 of this Article is not promptly prevented, the offender shall be liable to a fine of from VND 5,000,000 to VND 20,000,000 or face a penalty of up to 01 year's community sentence.

As regulations above, a fine of from VND 30,000,000 to VND 100,000,000, up to 03 years' community sentence or up to 10 years' imprisonment shall be imposed on individuals placing obstacles to prevent vehicles from parking in front of the house.

The act of driving piles or placing obstacles to prevent cars from parking in front of the house causing road traffic to be practically likely to lead to consequences according to the above provisions, individuals may be subject to a fine of between VND 5,000,000 and 20,000,000 or non-custodial reform for up to 01 years' community sentence.

What are regulations on parking vehicles on a road in Vietnam?

Pursuant to Clause 3 Article 18 of the Law on Road Traffic in 2008, when standing or parking his/her vehicle on a road, the operator shall comply with the following provisions:

a/ To give a signal to operators of other vehicles;

b/ To stand or park his/her vehicle at places with large roadsides or on land plots outside the carriageway; where the roadside is narrow or not available, to stand or park the vehicle close to the right edge of the carriage along the direction of traffic;

c/ Where a car stop or a parking lot has been built or designated, to stand or park the vehicle at such place;

d/ After parking the vehicle, the operator may leave the vehicle only after taking safety measures, if the parked vehicle occupies part of the carriageway, the operator shall place danger warning signs in front of and behind the vehicle for the operators of other vehicles to notice;

e/ Not to open the door of the vehicle or leave it open or alight from the vehicle when safety conditions are not assured;

f/ When standing the vehicle, not to shut down the engine and leave the driving seat;

g/ The vehicle parked on a steep road must have its wheels chocked.

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