Guidance on the application of certain provisions of the Criminal Code on fire prevention and fighting in Vietnam

Guidance on the application of certain provisions of the Criminal Code on fire prevention and fighting in Vietnam (Internet image)

On May 24, 2024, the Judges' Council of the People's Court of Vietnam issued Resolution 02/2024/NQ-HDTP providing guidance on the application of certain provisions in Article 313 of the Criminal Code 2015.

Guidance on the application of certain provisions of the Criminal Code on fire prevention and fighting in Vietnam

Guidance on the application of certain provisions of the Criminal Code on fire prevention and fighting in Vietnam is as follows:

(1) Violation of fire prevention and fighting regulations

Violation of fire prevention and fighting regulations as stipulated in Article 313 of the Criminal Code 2015 includes:

- Acts that violate fire prevention and fighting regulations according to the Law on Fire Prevention and Fighting 2013;

- Acts that violate fire prevention and fighting regulations according to other related laws.

(2) Criminal liability according to the provisions of paragraphs 1, 2, and 3 of Article 313 of the Criminal Code

Anyone who violates fire prevention and fighting regulations shall be held criminally liable according to the provisions of paragraphs 1, 2, and 3 of Article 313 of the Criminal Code 2015 when the following conditions are met:

- They commit one or more acts stated in paragraph (1) above;

- Damage occurs as stipulated in one of the paragraphs 1, 2, and 3 of Article 313 of the Criminal Code 2015;

- The violation must have a causal relationship with the damage. The damage must be a necessary consequence of the violation, and conversely, the violation must be the cause of the damage.

(3) Criminal liability according to the provisions of paragraph 4 of Article 313 of the Criminal Code

- "Violating fire prevention and fighting regulations in cases where there is a real possibility of causing the consequences stipulated in one of the points a, b, and c of paragraph 3 of this Article if not timely prevented" as stipulated in paragraph 4 of Article 313 of the Criminal Code 2015 is an act that violates the instructions stated in paragraph (1) above and falls into one of the following cases:

+ There is no fire yet, but if not timely prevented, it will definitely cause a fire and lead to the consequences stipulated in one of the points a, b, and c of paragraph 3 of Article 313 of the Criminal Code 2015;

+ There has been a fire and it will inevitably lead to the consequences stipulated in one of the points a, b, and c of paragraph 3 of Article 313 of the Criminal Code 2015, but it has been timely prevented, so the damage is below the level stipulated in paragraph 1 of Article 313 of the Criminal Code 2015

- "Timely prevention" refers to the case where agencies, organizations, and individuals take immediate measures after a violation of fire prevention and fighting regulations occurs, such as extinguishing the fire, moving hazardous materials away from crowded areas, removing sources of fire and heat from prohibited areas, etc., to prevent a fire from occurring or to limit the damage to below the level stipulated in paragraph 1 of Article 313 of the Criminal Code 2015

For example, when refueling, A is smoking a cigarette (at the gas station with 10 people present). B asks A to go outside and extinguish the cigarette, but A not only fails to comply but also throws the burning cigarette butt on the ground, causing a fire to break out. Immediately, B uses a fire extinguisher to extinguish the fire, preventing any consequences from occurring. A's behavior violates the provision on "bringing a source of fire into a prohibited area" and is subject to criminal liability according to the provisions of paragraph 4 of Article 313 of the Criminal Code 2015

(4) Criminal liability in specific cases

Nguyen Ngoc Que Anh

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