What are the penalties for disturbance of public order in Vietnam?

What are the penalties for disturbance of public order in Vietnam? (Internet image)

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

1. Crime of disturbance of public order in Vietnam according to the Penal Code 2015

* Frame 1

Any person who causes disturbance of public order which negatively impacts social safety, order or security or does it while having incurred an administrative penalty for the same offence or having an unspent conviction for the same offence shall be liable to a fine of from VND 5,000,000 to VND 50,000,000 or face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment.

* Frame 2

This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

- The offence is committed by an organized group;

- The offence involves use of weapons or vandalism;

- The offence results in serious traffic congestion or suspension of public activities;

- The offender incites other people to cause disturbance;

- The offender attacks the person who intervenes to maintain public order;

- Dangerous recidivism.

(Article 318 of Penal Code 2015)

2. Administrative fines for violations against regulations on public order in Vietnam

(1) A warning or a fine ranging from 300.000 VND to 500.000 VND shall be imposed for any of the following violations:

- Disrupting order at a place with ongoing art performance, sports activities, commerce, office buildings, residential areas or other public places, except the cases specified in Point a Clause 2 and Point b Clause 5 of Article 7 of Decree 144/2021/ND-CP;

- Allowing domestic animals to run off-leash in an urban area or public area;

- Allowing domestic animals, plants or other items to occupy the road surface, sidewalk, public park, playground, urban area or public area in a residential area or urban area;

- Unintentionally causing injuries or bodily harm to another person but not liable to criminal prosecution;

- Throwing or putting any other item on the perimeter walls and adjacent areas of the protected area;

- Raising, grazing livestock and poultry in an apartment building

(2) A fine ranging from 1.000.000 VND to 2.000.000 VND shall be imposed for any of the following violations:

- Using alcohol or stimulants in a manner that disrupts public order;

- Assembling, joining a crowd in a public area in a manner that disrupts public order;

- Allowing a domestic animal to cause injuries or damage to property of another organization or individual but not liable to criminal prosecution;

- Flying kites, balloons, playing other flying toys in an area where they are banned or in a protected area;

- Using an unmanned aerial vehicle (UAV) or an ultralight aircraft without a flight license, or organizing flights before having the license or after having been registered but the permitted time, location, area, coordinates and limits are not adhered to;

- Obstructing, harassing another person during handling, transport, storage of luggage at a market, wharf, bus station, airport, port, train station or another public area;

- Lighting and launching sky lanterns;

- Failure to have adequate documents while operating an UAV or ultralight aircraft;

- Organizing flights of an UAV or ultralight aircraft while the operator has not fulfilled flight requirements;

- Organizing flights of an UAV or ultralight aircraft while the UAV or ultralight aircraft is not flight-qualified;

- Spraying paint, writing, drawing, sticking images or text on a wall, utility pole or another place in a residential area, public area, apartment building, a citizen's residence or another construction work without permission of a competent authority.

(3) A fine ranging from 2.000.000 VND to 3.000.000 VND shall be imposed for any of the following violations:

- Taunting, teasing, insulting, humiliating another person, except the cases specified in Point b Clause 2 Article 21 and Article 54 of Decree 144/2021/ND-CP;

- Organizing, hiring, enticing, tempting another person to cause injuries or bodily harms, or to insult or humiliate another person but not liable to criminal prosecution;

- Providing false information for a competent authority or organization;

- Calling 111, 113, 114, 115 or a hotline number of an organization for the purpose of harassment, threatening or insulting;

- Manufacturing, storing, transporting sky lanterns;

- Designing, manufacturing, repairing, maintaining, testing UAVs or ultralight aircrafts, engines, propellers and parts thereof without adequate legal documents issued by or registered with competent authorities as per regulations;

- Designing, manufacturing, repairing, maintaining, testing UAVs or ultralight aircrafts, engines, propellers and parts thereof without maintaining fulfillment of personnel requirements under the license issued by a competent authority;

- Designing, manufacturing, repairing, maintaining, testing UAVs or ultralight aircrafts, engines, propellers and parts thereof without adequate equipment, tools, workshop, area under the license issued by a competent authority;

- Designing, manufacturing, repairing, maintaining, testing UAVs or ultralight aircrafts, engines, propellers and parts thereof without compliance with regulations of law on security, safety and environment.

(4) A fine ranging from 3.000.000 VND to 5.000.000 VND shall be imposed for any of the following violations:

- Hiring, inciting, enticing, tempting another person to cause disruption of public order;

- Carrying, storing, hiding cold weapons, combat gears or other items that can cause injuries; items, vehicles for the purpose of disrupting public order or causing injuries to another person;

- Taking advantage of democracy, freedom of religion and belief to organize, hire, entice, tempt another person to infringe upon interests of the State, or lawful rights and interests of another organization or individual;

- Disrupting or obstructing normal operation of an organization;

- Gathering, joining crowds illegally at Communist Party agency, State agency or an area where crowds are banned.

- Dumping, throwing wastes, dirty matters, chemicals, debris or other objects into a house, residence; at a person, item or property of another person; into the premises of an organization, workplace, factory, business organization, protected area or guard post thereof;

- Entering a protected area or guard post thereof without permission;

- Using an UAV or ultralight aircraft to fly a flag, banner, drop fliers or play audio propaganda against the flight permit;

- Writing, spreading, circulating documents or images that are meant to slander another organization or individual, except the case specified in Clause 1 Article 101 of the Government’s Decree No. 15/2020/ND-CP.

(5) A fine ranging from 5.000.000 VND to 8.000.000 VND shall be imposed for any of the following violations:

- Deliberately inflicting injuries or bodily harm to another person but not liable to criminal prosecution;

- Disrupting public order while carrying cold weapons, combat gears or other items that can cause injuries;

- Filming, photographing, charting an restricted area that is relevant to defense and security;

- Molestation of a person under 16 but not liable to criminal prosecution;

- Molestation, sexual harassment;

- Engaging in sexual acts in public;

- Perform designing, manufacturing, repairing, maintaining, testing UAVs or ultralight aircrafts, engines, propellers and parts thereof against the categories or quality specified in the license issued by a competent authority;

- Using UAVs and ultralight aircrafts to launch, drop harmful or dangerous objects or substances without permission.

(6) A fine ranging from 6.000.000 VND to 8.000.000 VND shall be imposed for using UAVs and ultralight aircrafts to perform aerial photography or videography without permission.

(7) A fine ranging from 8.000.000 VND to 10.000.000 VND shall be imposed for operating UAVs and ultralight aircrafts against the license issued by a competent authority.

(8) A fine ranging from 10.000.000 VND to 15.000.000 VND shall be imposed for operating UAVs and ultralight aircrafts against orders and signals of the flight operation and supervision authority.

(9) A fine ranging from 15.000.000 VND to 20.000.000 VND shall be imposed for designing, manufacturing, repairing, maintaining, testing UAVs or ultralight aircrafts, engines, propellers and parts without a license issued by a competent authority.

(10) A fine ranging from 20.000.000 VND to 30.000.000 VND shall be imposed for operating UAVs and ultralight aircrafts without a license issued by a competent authority.

(11) A fine ranging from 30.000.000 VND to 40.000.000 VND shall be imposed for operating a UAV and ultralight aircraft obstructing or endangering other aircrafts.

(Article 7 of Decree 144/2021/ND-CP)

Ho Quoc Tuan

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