What are the penalties for committing violations against regulations of law on fire safety and fire fighting in Vietnam?

What are the penalties for committing violations against regulations of law on fire safety and fire fighting in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Offences against regulations of law on fire safety and fire fighting in Vietnam under the Penal Code

Specifically, Article 313 of the Penal Code 2015 (amended in 2017) stipulates the offences against regulations of law on fire safety and fire fighting in Vietnam as follows:

* Frame 1:

Any person who violates regulations of law on fire safety or fire fighting and as a result causes damage for another person in any of the following circumstances shall face a penalty of up to 03 years' community sentence or 02 - 05 years' imprisonment:

- 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.

* Frame 2:

This offence committed in any of the following circumstances carries a penalty of 05 - 08 years' imprisonment:

- The offence results in the death of 02 people;

- The offence causes a total WPI of 122% - 200% for more than one person;

- The property damage caused by the offence is assessed at from VND 500,000,000 to under VND 1,500,000,000.

* Frame 3:

This offence committed in any of the following circumstances carries a penalty of 07 - 12 years' imprisonment:

- The offence results in the death of ≥ 03 people;

- The offence causes a total WPI of ≥ 201% for ≥ 03 people;

- The property damage caused by the offence is assessed at ≥ VND 1,500,000,000.

* Frame 4:

If this offence is likely to have any of the consequences mentioned in Point a, b, c Clause 3 of Article 313 of the Penal Code 2015 (amended in 2017) is not promptly prevented, the offender shall receive a warning or face a penalty of up to 01 year’s community sentence or 03 - 12 months' imprisonment.

* Additional penalties:

The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years.

2. Penalties for causing fire or explosion in Vietnam

* Pursuant to Article 51 of Decree 144/2021/ND-CP, penalties for causing fire or explosion are as follows:

- A fine ranging from 100.000 VND to 300.000 VND shall be imposed for any violation against regulations on fire prevention and firefighting that causes a fire or explosion and property damage of less than 20.000.000 VND.

- A fine ranging from 1.000.000 VND to 3.000.000 VND shall be imposed for violations against regulations on fire prevention and firefighting that causes a fire or explosion and property damage of from 20.000.000 VND to less than 50.000.000 VND.

- A fine ranging from 3.000.000 VND to 5.000.000 VND shall be imposed for violations against regulations on fire prevention and firefighting that causes a fire or explosion and property damage of from 50.000.000 VND to less than 100.000.000 VND.

- A fine ranging from 5.000.000 VND to 10.000.000 VND shall be imposed for any of the following violations:

+ Any violation against regulations on fire prevention and firefighting that causes a fire or explosion and property damage of more than 100.000.000 VND;

+ Any violation against regulations on fire prevention and firefighting that cause bodily harm upon 01 person with whole person impairment (WPI) of less than 61%;

+ Any violation against regulations on fire prevention and firefighting that cause bodily harm upon 02 or more persons, each of whom suffers < 61% WPI.

- Remedial measure:

Mandatory payment of the entire medical examination and treatment cost in case of violations specified in Point b and Point c Clause 4 of Article 51 of Decree 144/2021/ND-CP.

Ho Quoc Tuan

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