07 Decrees on penalties most commonly applied during Lunar New Year 2021 in Vietnam (Part 1)

07 Decrees on penalties most commonly applied during Lunar New Year 2021 in Vietnam (Illustrative Image)

Lawnet would like to send to our members the administrative violation penalty decrees that are most commonly applied during the Lunar New Year in 2021:

1. Decree 100/2019/ND-CP on Administrative Penalties in the Field of Road Traffic in Vietnam

During the Lunar New Year, issues such as drunken driving, not wearing helmets, swerving, carrying three or four people, running red or yellow lights, racing, and speeding occur more frequently due to the belief that police will not be patrolling.

These actions will be penalized according to Decree 100/2019/ND-CP issued at the end of 2019, which was enforced during the Lunar New Year 2020 and will continue to be applied for similar violations.

Some examples of the highest penalties frequently encountered during Lunar New Year:

- Using alcohol before driving: Cars can be fined up to VND 40 million and motorcycles up to VND 8 million;

- Speeding: Cars can be fined up to VND 12 million and motorcycles up to VND 5 million;

- Running red or yellow lights: Cars can be fined up to VND 5 million and motorcycles up to VND 1 million;

- Improper parking on highways: Fines can reach VND 8 million;

- Motorcycles entering highways: Fines can reach VND 3 million;

- Motorcycles not wearing helmets, carrying two people on a vehicle: Fine of VND 300,000.

2. Decree 167/2013/ND-CP on Administrative Penalties in the Field of Social Security, Social Order, and Safety; Prevention and Combating Social Evils; Fire Prevention and Fighting; Domestic Violence Prevention and Combat in Vietnam

Lunar New Year is perhaps the time when Decree 167/2013/ND-CP is applied most frequently because this Decree penalizes actions affecting social order and safety, which sees heightened disorder during the Lunar New Year period.

Actions such as drunkenness disrupting public order, loud singing affecting neighbors, illegal firecracker use, illegal gambling, prostitution, drug use and dealing, and littering are common issues during Lunar New Year. These are persistent issues that need to be addressed every year.

Some specific penalties for the above violations:

- Drunkenness disrupting public order, gathering many people in public causing disorder, fighting or inciting others to fight: Fines range from VND 500,000 to VND 1,000,000;

- Illegal firecracker use: Despite the Government of Vietnam allowing fireworks during festive periods from 2021, non-compliant firecracker use can be fined up to VND 2 million;

- Manufacturing, storing, buying, selling, or illegally transporting firecrackers, firecracker chemicals, and dangerous toys: Fines range from VND 5 million to VND 10 million;

- Illegal gambling: Forms such as dice games, card games, or any other gambling forms where money or valuables are at stake can be fined up to VND 2 million;

- Prostitution: Fines up to VND 1 million for buying sex, and VND 300,000 for selling sex.

3. Decree 98/2020/ND-CP on Administrative Penalties in Commercial Activities, Production, Trading in Counterfeit, Prohibited Goods, and Consumer Protection in Vietnam

The Lunar New Year is the peak season for trading goods, leading to increased violations such as selling counterfeit and prohibited goods, substandard goods, smuggled goods, and inflated prices. These violations, driven by the high demand during Lunar New Year and traders’ greed, will be penalized according to Decree 98/2020/ND-CP.

Some common penalties during Lunar New Year include:

- Trading smuggled cigarettes: Fines range from VND 1 million to VND 100 million depending on the quantity;

- Trading explosive fireworks: Fines range from VND 1 million to VND 100 million depending on the weight;

- Trading banned goods: Fines range from VND 1 million to VND 100 million depending on the value or illicit profit;

- Trading counterfeit goods: Fines range from VND 1 million to VND 70 million depending on the equivalent value of genuine goods;

- Trading goods with counterfeit labels, packaging: Fines range from VND 1 million to VND 50 million depending on the equivalent value of genuine goods;

- Trading goods without clear origin: Fines range from VND 300,000 to VND 50 million depending on the amount involved;

- Selling or supplying alcohol to individuals under 18 years old: Fines up to VND 1 million.

>>> See also: 07 Decrees on Penalties Most Commonly Applied During Lunar New Year 2021 in Vietnam (Part 2)

Le Hai

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