How to use pavement without penalty?

My house is located in the center of the group, so all the community activities are held at my house. We always use a tent and a part of the pavement in front of my house for this purpose. However, one time, the security and order department came and said that we encroached on the pavement and we would be administratively fined if we did it again. I would like to know the regulation on our case.

FDVN’s opinions:

Thank you for concerning and trusting in FDVN’s legal services. We have studied the law provisions to provide you with our advice. Please kindly see the answer below:

Currently, in most localities in the country, due to living habits, the need to organize weddings, funerals and other events, many households set up tents on the pavement, leading traffic obstruction and affecting urban beauty. Moreover, they often sing, play music and use speakers, gongs, drums, whistles, etc., causing noise and affect surrounding households.

1. Sanction forms of the acts of using tents and encroach pavements:

According to Article 12 of Decree No. 100/2019/NĐ-CP on administrative penalties for road traffic offenses and rail transport offenses, penalties for violations against regulations on the use of the land area for road traffic are:

“5. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed upon an individual, from VND 4,000,000 to VND 6,000,000 upon an organization that commits any of the following violations:

a) Erecting a booth, tent, gate, fences, walls, or other types of temporary works within the land area for road traffic, except for the violations specified in Point dd Clause 6, Point b Clause 8 and Point a Clause 9 of this Article;

b) Holding market; selling food and drink; displaying and selling goods placing signboards; repairing vehicles, machinery, and equipment; washing vehicles; placing a signboard or advertising board; building or placing a platform; raising a roof or doing other activities on the roadway or sidewalk in a manner that obstructs the traffic, except for the violations specified in Point d, Point dd, Point e, Point g Clause 6; Clause 7; Point a Clause 8 of this Article;

c) Illegally occupying less than 5 m2 of the roadway or sidewalk within an urban area to provide parking services;

d) Illegally occupying less than 20 m2 of the roadway or sidewalk outside urban areas to provide parking services.”

In addition to the administrative penalty, people who build tents and theaters to organize weddings, funerals... encroaching on the roadway will be forced to apply remedial measures according to point d, Clause 10, Article 12 of Decree No. 100/2019/NĐ-CP: “to the cleaning of garbage, waste matters, vehicles, materials, goods, machinery, equipment, signboards, advertising panels and other objects and restoration to original conditions prior to the administrative violations.” 

2. How to use pavement without penalty?

In some cases, people using street will not be penalized if the temporary use of a part of the street is not for the purpose of traffic specified in Clause 4, Article 1 of Decree No. 100/2013/ND-CP amending and supplementing a number of articles of Decree No. 11/2010/ND-CP of February 24, 2010, providing for the management and protection of road traffic infrastructure and the use of summer pavements. Those will not be sanctioned in the following cases:

“1. The temporary use of a part of pavement not for traffic purposes is not permitted to cause the order loss, unsafe traffic.

2. Pavements may be permitted to use temporarily not for traffic purpose in the following cases:

a) To propagate guidelines, policies of the Party and law of State. Duration of temporarily using pavements does not exceed 30 days; in case it is more than 30 days, it must be approved by the Ministry of Transport (for national roads) or the provincial People’s Committees (for system of local roads); 

b) To organize funerals, and yard for keeping vehicles and parking in serve of funerals of households; duration of temporarily using pavement does not exceed 48 hours, in special case, it does not exceed 72 hours; 

c) To organize weddings and yard for keeping vehicles and parking in serve of weddings of households; duration of temporarily using the pavement does not exceed 48 hours;

d) Yard for keeping vehicles and parking in serve of cultural or sports activities,  parades, festivals;  duration of temporarily using the pavement does not exceed the duration of  organizing those cultural activities;

e) Yard for transshipment of construction materials and waste in serve of works construction of households; duration of use will be from 22: PM of the previous day to 6: AM of the next day.

3. Position of pavement which is permitted to use temporarily not for traffic purpose must satisfy fully the following conditions:

a) The minimum width of the remaining section for pedestrian reaches 1.5 meters;

b) The pavement has a load-bearing structure conforming to case permitted for temporary use.”

 In case a part of the pavement is used for wedding and funerals under point b,c, Clause 2 mentioned above, the household must inform the People’s Committee of Ward before using. Regarding the cases under point a, d, dd, Clause 2, the People’s Committee of Province and Central City issues the particular administrative procedures.

That is the advice of FDVN to your request, based on the study of legal regulations. Hopefully FDVN's advice will be useful to you.

Legal expert: Ngo Thi My Tram

FDVN Law Firm

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