Erecting Funeral, Wedding Tents on the Street in Vietnam: Beware of Up to 10 Years in Prison

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According to Clause 3, Article 8 of the Road Traffic Law 2008, the erection of tents right on the sidewalk, the roadway, and the pavement is one of the prohibited acts in Vietnam. This act constitutes the unauthorized use of the roadway, sidewalk, and pavement because, according to Clause 1, Article 36 of the Road Traffic Law, the roadway and pavement are only to be used for traffic purposes.

Additionally, according to the provisions of Article 35 and Clause 2, Article 36 of the Road Traffic Law 2008, agencies and organizations that need to use the roadway to carry out cultural, sports activities, parades, and festivals must obtain written consent from the competent road management authority for traffic safety plans before seeking permission to organize these activities in accordance with the law.

In cases where there is a need to restrict traffic or close the road, the road management authority in Vietnam must issue a traffic diversion plan notice; the agencies and organizations that need to use the roadway are required to publish the notice in the mass media and implement measures to ensure order and safety for people and vehicles participating in road traffic.

In special cases, the temporary use of a part of the roadway or pavement for other purposes is regulated by the provincial People's Committee but must not affect traffic order and safety. According to Article 25a of Decree 100/2013/ND-CP, these cases include:

- Propagating the policies of the Communist Party and the laws of the State. The temporary use period of the pavement must not exceed 30 days; if the period exceeds 30 days, approval must be sought from the Ministry of Transport (for national highways) or the provincial People's Committee (for local road systems);

- Organizing funerals and parking points to serve family funerals; the temporary use period of the pavement must not exceed 48 hours, in special cases not exceeding 72 hours;

- Organizing weddings and parking points to serve family weddings; the temporary use period of the pavement must not exceed 48 hours;

- Parking points to serve cultural, sports, parade, and festival activities; the temporary use period of the pavement must not exceed the duration of the cultural activities;

- Transfer points for construction materials and waste to serve family construction projects; the use period is from 10:00 PM the previous day to 6:00 AM the following day.

In cases where individuals or families have funerals or weddings, they are only allowed to temporarily use a part of the pavement for no more than 48 hours. Erecting tents for funerals, weddings, or festivals on the entire sidewalk or roadway constitutes a violation of road traffic laws.

According to Point a, Clause 4, Article 12 of Decree 46/2016/ND-CP, unauthorized erection of tents, stalls, gates, fences, or other temporary structures within the road land boundaries will incur administrative fines 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 tents, stalls, or other temporary structures are erected without authorization in urban areas at road tunnels, overpasses, pedestrian tunnels, or under overpass bridges, the fines will range 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.

According to Article 261 of the Criminal Code 2015, if erecting tents illegally on the roadway, sidewalk, or pavement results in a traffic accident, depending on the degree, the individual may be prosecuted for Obstructing Road Traffic, with the maximum penalty being 10 years in prison.

- Nguyen Trinh -

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