MỨC PHẠT ĐỐI VỚI HÀNH VI XÂM CHIẾM VỈA HÈ VÀ CÁC TRƯỜNG HỢP ĐƯỢC SỬ DỤNG VỈA HÈ TẠM THỜI / FINES FOR

Consultancy situation:

My family has been selling beef noodles for years, and been popular. In the evening, the clients are very crowded. I intended to set up more tables on the sidewalk before our house to serve the clients, but my child thought that it was unlawful. However, multiple houses around my house still use the sidewalk to do business or hold a wedding ceremony/funeral. I was confused with the cases entitled, and the cases fined. May I ask your advice? 

Response:  

Thank You for sending your question to FDVN Law Firm (“FDVN”). Upon Your consultancy request, after researching relevant legal regulations, FDVN provides the following discussion: 

Pursuant to Article 77 of the Law on Road Traffic Order and Safety 2024: Roadway serves traffic purposes whereas pavement serves pedestrians. Where temporary use of roadway or pavement is required to accommodate political, cultural, sport activities and other activities, agencies, organizations, and individuals wishing to temporarily use roadway and payment must produce solutions for temporary use of roadway and pavement approved by competent authority; agencies approving temporary use of roadway and pavement must immediately inform traffic police authority.

Regarding the use of pavements and roadways serving other purposes, including activities specified in Article 21 of Decree No. 165/2024/ND-CP as follows: 

- Serving: political activities, cultural and sports activities; natural disaster preparedness and remediation; rescue; fire prevention and firefighting; rescue; epidemic prevention and control; 

- Serving construction process;

- Serving consolidation and collection of wastes and construction materials;

- Accommodating funeral;

- Accommodating wedding;

- Accommodating vehicle detention or parking when necessary. 

The use of roadways and pavements for other purposes shall only be implemented where traffic arrangement plans are adopted to prevent congestion at relevant roadway and pavement sections or channelization plans which divert from roadway and pavement sections temporarily occupied. Concurrently, organization and individual shall only use the pavement and roadway temporarily for the right purposes permitted by the competent authority; comply with request of the Traffic police; maintain road traffic order and safety; restore roadway and pavement conditions after use. 

Accordingly, the pavement shall only be used for sidewalkers, the temporary use of pavement for other purposes shall be permitted by the competent authority. Incase You intend to sell beef noodles, if You intentionally use the pavement for business, it shall be concerned as violation act, and may be applied administrative penalty. 

Specifically, individuals using roadway and pavement for other purposes may be fined an amount ranging from VND 200,000 to VND 15,000,000 based on detailed violations according to clauses 2, 3, 6, 7, 11, 12, and 16 Article 12 of Decree No. 168/2024/ND-CP as follows: 

2. A fine ranging from VND 200,000 to VND 250,000 shall be imposed on an individual committing any of the following violations: 

    e) Hawking on the roadway or sidewalk where street vendors are prohibited, excluding the violations prescribed in clauses 7 and 9 Article 12 of Decree No. 168/2024/ND-CP; 

    3. A fine ranging from VND 250,000 to VND 350,000 shall be imposed on an individual, and a fine ranging from VND 500,000 to VND 700,000 shall be imposed on an organization that places an object in a manner that obscures road signs or traffic lights. 

    6. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed on an individual, and a fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed on an organization committing any of the following violations: 

     c) Obstructing people or vehicles in road traffic; throwing bricks, dirt, rock, sand, or other objects at people or vehicles in road traffic;

     d) Appropriating a divider of a dual carriageway as a place for goods display and sale, building material placement, or parking purposes. 

    7. A fine ranging from 2.000.000 VND to 3.000.000 VND shall be imposed on an individual; a fine ranging from 4.000.000 VND to 6.000.000 VND shall be imposed on an organization that illegally uses roadways or sidewalks for market meetings; food service business; goods display and sale; vehicle, machinery, and equipment repair; vehicle cleaning; advertising sign placement.

    11. A fine ranging from 6.000.000 VND to 8.000.000 VND shall be imposed on an individual committing any of the following violations:

    a) Placing or leaving obstacles illegally on roads; dumping slippery substances on roads; dumping, discharging, or spilling chemicals or waste, causing a loss of road traffic safety;

    12. A fine ranging from 10.000.000 VND to 15.000.000 VND shall be imposed on an individual; a fine ranging from 20.000.000 VND to 30.000.000 VND shall be imposed on an organization that temporarily uses roadways or sidewalks for other purposes without any license (if it is mandatory according to regulations) or with an expired license or failing to comply with the license.

    16. Aside from penalties, any individual or organization committing violations shall face the following remedial measures:

    a) Enforced demolition of objects obscuring road signs and traffic lights in case of committing the violations prescribed in Clause 3 Article 12 of Decree No. 168/2024/ND-CP; 

    b) Enforced restoration of the initial state altered by administrative violations in case of committing the violations prescribed in Clause 12 Article 12 of Decree No. 168/2024/ND-CP. 

Above is FDVN’s consultancy opinion related to Your consultancy request based on the research of applicable laws. We hope that FDVN’s legal opinion shall be useful for You. 

Hoai Trang – FDVN Lawyer