Spreading nails on public roads is currently a pressing issue in Vietnam, potentially affecting the property, health, and lives of citizens, causing public outrage and concern. So, what are the penalties imposed on persons spreading nails on public roads?
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Vietnam: What are the penalties imposed on persons spreading nails on public roads? (Illustrative image)
According to current law, persons spreading nails on public roads in Vietnam may be subject to administrative penalties or even criminal prosecution. To be specific:
1. Administrative fines
According to Clause 10, Article 11 of Decree 100/2019/ND-CP, persons spreading nails on public roads in Vietnam will be subject to administrative fines ranging from VND 6,000,000 to VND 8,000,000:
10. A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed upon any person:
a) Spreading nails or other pointed objects on public roads, spilling oil or other slippery substances on public roads; stretching strings or placing obstacles on public roads that threaten people and vehicles in traffic;
Additionally, persons spreading nails on public roads in Vietnam must collect pointy, sharp objects, string or other obstacles and restore to original conditions prior to the administrative violations.
2. Criminal prosecution
According to Clause 1, Article 261 of the Criminal Code 2015, amended 2017, persons spreading nails on public roads in Vietnam will be subject to fines ranging from VND 30,000,000 to VND 100,000,000, non-custodial reform of up to 3 years, or imprisonment from 6 months to 3 years if their actions result in one of the following consequences:
- The offence results in the death of a person;
- The offence causes ≥ 61% WPI for another person;
- The offence causes a total WPI of 61% - 121% for more than one person.
- The property damage caused by the offence is assessed at from VND 100,000,000 to under VND 500,000,000.
Persons spreading nails on freeway may face a fine ranging from VND 100,000,000 to VND 300,000,000 or 2-7 years' imprisonment.
This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:
- The offence results in the death of ≥ 03 people;
- The offence causes a total WPI of ≥ 201% for ≥ 03 people;
- The offence results in property damage assessed at ≥ VND 1,500,000,000.
If the act of obstruction of road traffic that is likely to have any of the consequences mentioned above is not promptly prevented, the offender shall be liable to a fine of from VND 5,000,000 to VND 20,000,000 or face a penalty of up to 01 year's community sentence.
3. Current legal inadequacies:
For the offense of "Obstructing Road Traffic" under Article 261 of the Criminal Code 2015, amended 2017, the fault of the person scattering sharp objects (nails) is unintentional concerning the consequences. However, the actions of persons spreading nails on public roads in Vietnam clearly have the intention to cause property damage to road users for personal gain. Therefore, prosecuting these individuals under the offense of "Obstructing Road Traffic" reflects an inadequacy in legal theory and the subjective aspect of the crime, not aligning with practical reality.
Legal Basis:
- Criminal Code 2015, amended 2017
Nguyen Phu
