Hanoi: Measures to ensure social order and safety in Vietnam according to the Law on Capital 2024

Hanoi: Measures to ensure social order and safety in Vietnam according to the Law on Capital 2024 (Image from the internet)

Law on Capital 2024 was passed by the National Assembly of the Socialist Republic of Vietnam, XV Session, 7th Meeting on June 28, 2024.

Hanoi: Measures to ensure social order and safety according to the Law on Capital 2024

According to Article 33 of the Law on Capital 2024, measures to ensure social order and safety in the capital city of Hanoi are stipulated as follows:

- The administrative penalty for violations in the City is subject to the following regulations:

+ The City People’s Council shall stipulate fines that are higher but no more than 2 times the common fines set by the Government of Vietnam and should not exceed the maximum fines according to the law on handling administrative violations for corresponding administrative violations in various fields such as culture, advertising, land, construction, fire prevention, food safety, road traffic, environmental protection, security, order, and social safety in the City;

+ Individuals with authority to impose fines for administrative violations as stipulated by the Government of Vietnam in the fields mentioned in point a, clause 1 of Article 33 Law on Capital 2024 possess similar authority to impose higher fines as stipulated by the City People’s Council for violations in those fields.

- In special necessary cases to ensure security, order, and social safety in the City, the Chairman of the People's Committee at various levels is authorized to apply measures requiring the cessation of electricity and water services to the following constructions, production, and business facilities:

+ Construction works violating the planning, construction works without building permits in cases where permits are required or constructing in violation of the construction permit content; structures built contrary to the approved construction design if exempted from permit requirements;

+ Construction on illegally encroached land as specified by land laws;

+ Structures subject to fire protection design approval, which have been constructed without a certificate or design approval document from the competent authority;

+ Structures not built according to approved fire protection designs;

+ Construction works, production, business, and service establishments that have not passed fire prevention and fighting inspection but have commenced operations;

+ Business establishments such as discotheques and karaoke services that do not meet fire safety standards;

+ Structures required to be dismantled and for which emergency relocation orders have been issued by the competent authority.

- Service providers of electricity and water are responsible for stopping their services immediately upon the request of the competent authority as specified in clause 2, Article 33 Law on Capital 2024, ensuring the scope, subjects, and duration are met. The right to stop providing electricity and water services by service providers in cases specified in clause 2, Article 33 Law on Capital 2024 must be communicated to the service users and reflected in the service contracts.

- The City People’s Council shall detail the conditions of application, authority, and implementation of the measure requiring the cessation of electricity and water services provided in clauses 2 and 3, Article 33 Law on Capital 2024.

More details can be found in Law on Capital 2024 which is effective in Vietnam from January 1, 2025. Exceptions to this are the following regulations effective from July 1, 2025:

- Management and use of underground space as provided in Article 19 Law on Capital 2024;

- Establishment of commercial and cultural development zones as provided in clause 7, Article 21 Law on Capital 2024;

- Development of science and technology, innovation, and digital transformation as provided in Article 23 Law on Capital 2024;

- Controlled experimentation as provided in Article 25 Law on Capital 2024;

- Implementation of build-transfer contracts as provided in Article 40 Law on Capital 2024.

Le Nguyen Anh Hao

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