Lunar New Year is a major holiday in Vietnam. During this time, the entire nation has more days off compared to other holidays in the year. Therefore, social evils and legal violations during the days of Lunar New Year are also more frequent compared to regular days.
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07 Decrees on penalties that are most commonly applied during Lunar New Year 2021 in Vietnam (Part 2)
Following Part 1, Lawnet would like to present the Decrees on administrative violations penalties in Part 2 that are most frequently applied during the 2021 Lunar New Year:
4. Decree 115/2018/ND-CP on Administrative Penalties in Food Safety in Vietnam
The Lunar New Year is the period when the nation consumes the most food in the year. To prevent and penalize violations on food safety, Decree 115/2018/ND-CP is currently applied for actions such as using contaminated, unclear origin ingredients, or banned substances in food, etc., which will be penalized under this Decree.
Below are some common violations and their corresponding penalties that often occur during the Lunar New Year:
- Utilizing ingredients that are past their expiration date or without an expiration date where required: Fines from 1 to 2 times the value of the product
- Using ingredients with unclear origin: Fines from 1 to 2 times the value of the product
- Utilizing animals dead from disease, epidemics, or animals destroyed as per legal regulations for food processing, or providing, selling food originating from such animals valued below 10,000,000 VND: Fines up to 50 million VND
- Using ingredients that are non-food animal, plant products, substances, chemicals for food production, processing: Fines up to 100 million VND
- Using tools, packaging materials, containers directly contacting food that do not meet technical standards, food safety regulations for food production, business: Fines up to 20 million VND
- Using personnel directly contacting food without wearing hats, masks; not cutting nails; wearing watches, bracelets; eating, drinking, smoking, spitting in food production areas, food additives, processing aids, tools, packaging materials, containers directly contacting food: Fines up to 3 million VND
- Food production areas, storage areas for food, food ingredients, food additives, food processing aids, tools, packaging materials, containers directly contacting food with insect or pest intrusion: Fines up to 7 million VND
5. Decree 117/2020/ND-CP on Administrative Penalties in the Field of Health in Vietnam
On September 28, 2020, the Government of Vietnam issued Decree 117/2020/ND-CP replacing Decree 176/2013/ND-CP. Hence, penalties in the field of health during the Lunar New Year 2021 will be handled according to the new Decree 117.
Decree 117 penalizes actions regularly occurring during the Lunar New Year such as smoking in prohibited areas, selling, providing tobacco, alcohol to individuals under 18, coercing others to smoke, drink,...
The penalties for the above actions are as follows:
- Smoking in prohibited areas: Warning or fine from 200,000 VND to 500,000 VND;
- No “No Smoking” signs or symbols in prohibited areas as per legal regulations: Fines up to 5 million VND;
- No notification signs prohibiting the sale of tobacco to individuals under 18 at wholesale or retail tobacco points: Fines up to 3 million VND
- Selling, providing tobacco to individuals under 18: Fines up to 5 million VND
- Coercing or inducing others to smoke; using individuals under 18 to buy tobacco: Fines up to 1 million VND
- Individuals from 16 to under 18 drinking alcohol, beer: Warning or fines from 200,000 VND to 500,000 VND;
- Drinking alcohol, beer in prohibited areas; encouraging, provoking, inciting others to drink alcohol, beer: Fines up to 1 million VND
- Coercing others to drink alcohol, beer: Fines up to 3 million VND
- Selling, providing alcohol, beer to individuals under 18; no notification signs prohibiting the sale of alcohol, beer to individuals under 18 at easily visible positions in alcohol, beer selling establishments: Fines up to 3 million VND
6. Decree 45/2019/ND-CP on Administrative Penalties in the Field of Tourism in Vietnam
The Lunar New Year is a major holiday with more extended days off compared to other holidays. People take advantage of these breaks to enjoy their holiday, making tourism more vibrant than ever. Therefore, violations will also increase.
Actions such as soliciting tourists, discrimination, unauthorized tour guides, hotels, inns not posting prices, poor tourism services,... will be penalized under Decree 45/2019/ND-CP.
Below are some common violations and their corresponding penalties frequently occurring during the Lunar New Year:
- Competing for tourists or pressuring tourists into buying goods or services; discriminating against tourists: Fines up to 3 million VND;
- Illegally profiting from tourists; failing to promptly inform competent state agencies when detecting accidents, risks, or incidents involving tourists: Fines up to 5 million VND;
- Failing to ensure the life, health, and property of tourists: Fines up to 20 million VND;
- Using individuals without a tour guide card to guide tourists; using individuals using fake tour guide cards to guide tourists: Fines up to 60 million VND;
- Failing to provide information on the number or price of travel services for travel agency clients; selling travel programs inconsistent with travel agency contract contents: Fines up to 10 million VND;
- Lacking a tour guide card while practicing; using fake tour guide cards to practice guiding: Fines up to 20 million VND;
- Tour guides providing, introducing information to tourists with distorted history, culture, national sovereignty content: Fines up to 30 million VND;
- Tourism accommodation establishments failing to publicly display prices for goods and services as required: Fines up to 1 million VND;
- Tourism accommodation establishments failing to sell goods, services at displayed prices: Fines up to 10 million VND;
- Tourism accommodation establishments lacking items such as beds, mattresses, sheets, blankets, pillows, towels per regulations; failing to replace bed or sheet or blanket covers, pillow covers for new guests; failing to replace face towels or bath towels for new guests: Fines up to 3 million VND;
- Tourism accommodation establishments failing to ensure restrooms per regulations: Fines up to 20 million VND
7. Decree 15/2020/ND-CP on Administrative Penalties in the Field of Post and Telecommunications, Radio Frequencies in Vietnam
During the lengthy Lunar New Year holiday, free time leads to increased social network usage compared to regular days. The following are common violations when using social networks and the internet, not only during the Lunar New Year but also frequently on other days:
- Providing, sharing links to information online that violates the law; promoting, inciting violence, obscenity, pornography, crime, social evils, superstitions, disrupting national traditions and customs: Fines from 10 to 20 million VND for organizations, and for individuals, it will be half the fine for organizations;
- Conveying false information, distorting, defaming, insulting the reputation of organizations, honor, and dignity of individuals; advertising, promoting, trading banned goods, services: Fines from 20 to 30 million VND for organizations, and for individuals, it will be half the fine for organizations;
- Fines from 10 to 20 million VND for organizations, and for individuals, it will be half the fine for organizations for the following actions:
+ Providing, sharing fake information, false information, distorting, defaming, insulting the reputation of agencies, organizations, honor, and dignity of individuals on social networks;
+ Providing, sharing information promoting outdated customs, superstitions, obscenity, pornography, incompatible with national traditions and customs on social networks
+ Advertising, promoting, sharing information about banned goods, services on social networks
+ Providing, sharing detailed descriptions of violent acts, killings, accidents, horror, terrifying events
+ Providing, sharing images of the Vietnam map without indicating or improperly indicating national sovereignty
- Disclosing information classified as state secrets, private secrets of individuals, and other secrets that do not reach the level of criminal prosecution: Fines from 20 to 30 million VND for organizations, and for individuals, it will be half the fine for organizations.
>>> See also: 07 Decrees on penalties that are most frequently applied during the Lunar New Year 2021 in Vietnam (Part 1)
Le Hai
- Key word:
- Lunar New Year
- Vietnam
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