Recently, karaoke singing causes noise in the surrounding environment, especially from portable speakers, taking place everywhere. Many incidents have occurred due to noise in residential areas, leading to arguments, fights, and even unfortunate murders. So what sanctions for the act of karaoke singing causing noise according to Vietnam’s regulations?
Article table of contents
1. Regulations on penalties for noisy karaoke singing in residential areas
According to Point a Clause 1 Article 6 of Decree No. 167/2013/NĐ-CP of Vietnam’s Government, a caution or a fine of between VND 100,000 and 300,000 shall be imposed for causing loud noise, making noise or boisterousness in residential area or public places during the time from 22 o’clock of the previous day to 6 o’clock of the following day.
Thus, for the act of singing karaoke causing noise in a residential area during the time from 22 o’clock of the previous day to 6 o’clock of the following day, the fine will be from VND 100,000 to VND 300,000.
Moreover, production, business and living activities that cause loud noise, exceeding the allowable limit in residential areas can also be punished according to Article 17 of Decree No. 155/2016/NĐ-CP of Vietnam’s Government depending on how much the noise dBA level exceeds the technical regulations on noise, prescribed in Circular No. 39/2010/TT-BTNMT regulating national environmental standards. Maximum limit on vibration acceleration in construction in usual areas (including: apartment buildings, detached or terraced houses, hotels, guest houses, administrative agencies) during 6:00 - 21:00 is 70 dB, during 21:00 - 6:00 is 55 dB. Fines for violations against regulations on noise are as follows:
- A warning shall be issued for generating noise at a level in excess of the permissible exposure levels of noise prescribed in the technical regulation on noise of less than 02 dBA.
- A fine ranging from VND 1,000,000 to VND 5,000,000 shall be imposed for generating noise at a level in excess of the permissible exposure levels of noise prescribed in the technical regulation on noise of from 02 dBA to less than 05 dBA.
- A fine ranging from VND 5,000,000 to VND 20,000,000 shall be imposed for generating noise at a level in excess of the permissible exposure levels of noise prescribed in the technical regulation on noise of from 05 dBA to less than 10 dBA.
- A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for generating noise at a level in excess of the permissible exposure levels of noise prescribed in the technical regulation on noise of from 10 dBA to less than 15 dBA.
- A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for generating noise at a level in excess of the permissible exposure levels of noise prescribed in the technical regulation on noise of from 15 dBA to less than 20 dBA.
- A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for generating noise at a level in excess of the permissible exposure levels of noise prescribed in the technical regulation on noise of from 20 dBA to less than 25 dBA.
- A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for generating noise at a level in excess of the permissible exposure levels of noise prescribed in the technical regulation on noise of from 25 dBA to less than 30 dBA.
- A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for generating noise at a level in excess of the permissible exposure levels of noise prescribed in the technical regulation on noise of from 30 dBA to less than 35 dBA.
- A fine ranging from VND 120,000,000 to VND 140,000,000 shall be imposed for generating noise at a level in excess of the permissible exposure levels of noise prescribed in the technical regulation on noise of from 35 dBA to less than 40 dBA.
- A fine ranging from VND 140,000,000 to VND 160,000,000 shall be imposed for generating noise at a level in excess of the permissible exposure levels of noise prescribed in the technical regulation on noise of more than 40 dBA.
The violating individual, organization shall also be applied remedial measures such as enforced the implementation of measures for reducing the noise to the permissible exposure levels of noise prescribed or enforced the payment of costs for conducting inspection, assessment, measurement and analysis of environmental samples for activities generating noise in excess of the permissible limits prescribed in environmental technical regulations or resulting in the noise pollution. Moreover, organizations and individuals damaged by this act can request the noise polluter to pay compensation according to the law, even in cases where the subject is not at fault according to the provisions of Article 602 of the Civil Code 2015 of Vietnam.
2. Current status of handling cases of noisy karaoke in residential areas
It can be seen that regarding legal regulations, the act of singing karaoke causing loud noise can be fined up to VND 160,000,000, however, practice shows that applying the above level of punishment for this behavior is very difficult.
In fact, when people complain about noisy karaoke after 10 p.m., neighborhood leaders and area police will quickly arrive and advise them to disperse and restore peace to the surrounding people. However, if it is during the day, it is almost impossible to handle the matter. Even before 10 p.m., there is no basis for administrative handling, only advocacy and conciliation.
In addition, to handle the act of causing excessive noise according to Article 17 of Decree No. 155/2016/NĐ-CP, measurements must be conducted to determine the noise level of the sound in each specific case. But to measure sound noise level (unit of measurement is dBA), localities currently do not have specialized equipment, so there is no basis to impose reasonable fines. If not, they will be sued.
Starting from that reality, to effectively solve the core problem of noisy karaoke in residential areas, competent authorities need to raise awareness and educate people about the community and society. Local authorities at all levels need to propagate and disseminate legal education to all citizens in each residential area, residential group, and hamlet for common peace. In addition, within their authority and tasks, the authorities need to promote inspection, supervision and handling of violations against individuals and organizations such as restaurants, karaoke bars, traders, and people who use speakers to make noise if they violate it.
On the other hand, it is necessary to amend and supplement higher administrative penalties for acts of causing loud noise, making noise, and being rowdy in residential areas and public places so that those who commit violations must be aware of the problem so that they will not violate it again. Concurrently, the sharp increase in fines also contributes to increasing the national budget and is consistent with current regulations on environmental noise penalties in other countries around the world.
- Key word:
- Decree No. 167/2013/NĐ-CP
