What are penalties for encroaching on the roadway to pull customer into restaurants in Vietnam?

What are penalties for encroaching on the roadway to pull customer into restaurants in Vietnam? (Illustration)

At tourist sites, restaurants and pubs on many streets often compete with each other by "pulling customers," enticing customers. The staff at these shops are very "enthusiastic" to entice passersby by blocking the front of the car, voluntarily turning off the car, and removing the key to force them to become reluctant customers. Moreover, the staff here also stand in the middle of the road, waving hello and even using flashlights to shine directly in the faces of passersby to attract attention. Not only "pulling customers," but these restaurants also take advantage of the roadside for rampant parking. This situation happens every day, leading to congestion and hindering road traffic.

To limit this problem, the government has issued Vietnam's Decree 100/2019/ND-CP regulating penalties for administrative violations in the field of road and railway traffic. According to Clause 5, Article 12 of Decree 100/2019/ND-CP, if an individual or organization commits one of the following violations in terms of using and exploiting within the land area reserved for roads below, they shall be fined from VND 2,000,000 to VND 3,000,000 for individuals and from VND 4,000,000 to VND 6,000,000 for organizations:

• Except for the violations specified in Point DD of Clause 6, Point b of Clause 8, and Point a of Clause 9 of this Article, illegally erecting tents, tents, entrance gates, fences, and other constructions within the land area reserved for roads;

• Illegally using urban roadbeds and sidewalks for: market meetings; catering business; displaying and selling goods; repair means, machinery, and equipment; car wash; placing and hanging signs and billboards; building and placing podiums; or performing other obstructive activities, except as specified in Clauses 6; 7; and 8 of this Article.

• Occupying less than 05 m2 of urban roadbeds or sidewalks for parking and parking;

• Occupying the part of the roadway or the curb of the road outside the urban area of less than 20 m2 as a place for parking and parking.

In addition, for acts of enticing and forcing tourists to buy goods and services, a fine of between VND 1,000,000 and VND 3,000,000 will be imposed (according to Point a, Clause 1, Article 48 of Vietnam's Decree 158/2013/N-CP).

In the case where the pulling or blocking of vehicles by passersby leads to serious consequences and enough elements to constitute a crime, those who commit this act may also be examined for penal liability for the crime of obstructing road traffic according to the provisions of Article 261 of Vietnam's Criminal Code 2015 (as amended in 2017). Offenders will be subject to a fine of between VND 30,000,000 and 100,000,000, non-custodial reform for up to 3 years, or a prison term of between 6 months and 3 years.

Le Thanh

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