Compilation of common violations during the Tet holiday and the penalties in Vietnam

Illustrative photo

1. Unreasonable Increase in Goods and Service Prices in Vietnam

Every year, during Tet, production and business facilities take the opportunity to increase the prices of goods and products such as bus tickets, food, vegetables, candies, clothes, etc. Some items even see a price increase of 2-3 times compared to usual, causing public outrage. According to Decree 109/2013/ND-CP and Decree 49/2016/ND-CP, acts of violating legal regulations on pricing will be administratively sanctioned. To be specific:

- A fine of VND 500,000 to VND 1,000,000 will be imposed for: Not publicly posting prices of goods and services where required by law; Unclear price postings causing confusion for customers; etc.

- A fine of VND 30,000,000 to VND 35,000,000 will be imposed for selling goods or providing services at prices not aligned with specific price frameworks, set prices, or exceeding the maximum price or below the minimum price stipulated by the Government of Vietnam or the Prime Minister.

- A fine of VND 20,000,000 to VND 30,000,000 will be imposed for selling above the posted price of goods and services in the stabilized price list, goods and services restricted or conditionally traded.

- A fine up to VND 55,000,000 will be imposed for unreasonable increases or decreases in the prices of goods and services.

2. Illegal Use of Fireworks and Explosives in Vietnam

According to Article 5 of Decree 36/2009/ND-CP, the types of fireworks and firework products that are permitted include:

1. Fireworks produced or imported by the Ministry of Defense for firework displays as permitted by the Prime Minister.

2. Fireworks brought into Vietnam by foreign organizations and individuals with the permission of the Prime Minister and a permit issued by the Ministry of Public Security for firework contests.

3. Signal fireworks used in activities such as tropical depression, storm, flood warnings; rescue operations; and military activities.

4. Products such as paper fireworks (excluding metal-containing fireworks), electric fireworks, decorative paper, plastic, bamboo, wood; sparklers; light, color, sound signal products used in cultural and artistic activities that do not produce explosive sounds.

Any use of fireworks or firework products not listed above is a violation of legal regulations. Depending on the specific case, this act can be subject to administrative sanctions under Article 10 of Decree 167/2013/ND-CP or criminal prosecution under the Criminal Code 2015.

Additionally, according to the Investment Law 2014 as amended in 2016, firework business is among the prohibited investment sectors. Therefore, the act of trading, storing, or using fireworks is also a legal violation and will be sanctioned under Decree 167/2013/ND-CP and the Criminal Code 2015 depending on the severity of the offense.

3. Traffic violations due to alcohol consumption in Vietnam

Decree 46/2016/ND-CP stipulates administrative penalties for participating in traffic while under the influence of alcohol as follows:

Notably, the Law on Prevention and Control of Harmful Effects of Alcohol and Beer 2019, effective from January 01, 2020, strictly prohibits driving vehicles while having alcohol concentration in blood or breath. Currently, the Road Traffic Law 2008 only applies this restriction to operators of cars, tractors, special-use motorcycles, while motorcyclists and scooter riders are only sanctioned if their alcohol concentration exceeds 50 mg/100 ml of blood or 0.25 mg/l of breath.

From the effective date of this Law, the act of driving any vehicle with a blood alcohol concentration will be a violation, irrespective of concentration levels as per the former Road Traffic Law 2008. Organizations and individuals violating the law on prevention and control of harmful effects of alcohol and beer will face disciplinary actions, administrative penalties, or criminal prosecution depending on the severity of the violation. If causing damage, they must compensate according to legal regulations.

4. Disturbance of public order in Vietnam

For acts disturbing public order such as loud behavior under the influence of alcohol, fights, etc., minor violations may incur administrative fines ranging from VND 100,000 to VND 5,000,000 (Article 5 of Decree 167/2013/ND-CP).

If the act constitutes a crime, the offender may be prosecuted for Public Disturbance under Article 318 of the Criminal Code 2015.

Article 318. Public Disturbance

1. Anyone engaging in public disturbance affecting security, order, or social safety, or who has been administratively sanctioned or convicted of this crime without having the conviction expunged, shall be fined VND 5,000,000 to VND 50,000,000, sentenced to non-custodial reform up to 2 years, or imprisoned for 3 months to 2 years.

2. If the crime is committed in one of the following circumstances, the offender shall be imprisoned for 2 to 7 years:

a) Organized;

b) Using weapons, dangerous instruments, or causing property damage;

c) Seriously obstructing traffic or public activities;

d) Inciting others to cause disturbance;

e) Assaulting individuals intervening to protect public order;

f) Dangerous recidivism.

5. Gambling and betting with money in Vietnam

Decree 167/2013/ND-CP stipulates administrative penalties for illegal gambling as follows:

- A fine of VND 200,000 - 500,000 for buying lottery numbers.

- A fine of VND 1,000,000 - 2,000,000 for acts such as: Illegal gambling like shaking plates, playing card games, mahjong, Chinese chess, poker, three-card games, six-fold card games, red-black games, or other forms of gambling involving money or valuable items; Illegal use of gambling machines and electronic games; Selling lottery boards and other gambling-related publications.

- A fine of VND 2,000,000 - 5,000,000 for accepting deposits, lending, pawn services at gambling venues, or concealing illegal gambling activities.

- A fine of VND 5,000,000 - 10,000,000 for acts such as: Inciting, enticing, or gathering people for illegal gambling; Using one's house or other premises to harbor gambling activities; Setting up illegal gambling machines and electronic gaming devices; Organizing money betting activities illegally.

- A fine of VND 10,000,000 - 20,000,000 for organizing lottery number activities; Producing, distributing lottery boards and related publications; Organizing betting networks.

Notably, gambling involving amounts of VND 5,000,000 or more can lead to criminal prosecution for Gambling. Individuals who have previously been administratively fined or convicted for gambling-related offenses, but who still violate the law even below the VND 5,000,000 threshold, also face criminal prosecution.

To be specific, Article 321 of Criminal Code 2015, effective July 1, 2016, and Article 120, Clause 1 of the Amended Criminal Code 2017, effective January 01, 2018, stipulate:

1. Anyone who commits illegal gambling in any form where the money or valuable items gambled are worth from VND 5,000,000 to less than VND 50,000,000, or less than VND 5,000,000 but has been administratively penalized for this act or any act prescribed in Article 322, or has been convicted of this crime or that prescribed in Article 322 without having the conviction expunged, shall be fined VND 20,000,000 to VND 100,000,000, subjected to non-custodial reform up to 3 years, or imprisoned from 6 months to 3 years.

2. If the crime is committed in one of the following circumstances, the offender shall be imprisoned for 3 to 7 years:

a) Professionally engaged in gambling;

b) The money or items gambled are worth VND 50,000,000 or more;

c) Using the internet, computer networks, telecommunications networks, or electronic means to commit the crime;

d) Dangerous recidivism.

3. The offender may also be fined from VND 10,000,000 to VND 50,000,000.

Nguyen Trinh

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