Am I allowed use part of pavement and road bed to set up a wedding?

Am I allowed use part of pavement and road bed to set up a wedding?
Posted date: 30/05/2022

Case situation:

My house faces the main road, and we do not have enough space to set up a wedding. To make it more spacious, my family has set up the wedding on the pavement and the road bed. However, many people have been uncomfortable and reported to local authorities for handling. I want know if it's illegal to organize a wedding using part of pavement and road bed like this.

FDVN’s Opinion:

First, the law provision of the temporary use of a part of pavement for organizing weddings

According to Article 25a Decree No.100/2013/ND-CP, pavements may be permitted to use temporarily not for traffic purpose in some cases, which include the case where pavements may be permitted to use temporarily to organize weddings and yard for keeping vehicles and parking in serve of weddings of households; duration of temporarily using pavement does not exceed 48 hours. In this case, households wishing to use the pavements must notify the People's Committee of the local ward or commune before temporarily using a part of pavement.

At the same time, Article 25b of this Decree also stipulates that the road bed can only be temporarily used for non-traffic purposes in the following two cases: Yard for keeping cars and parking in serve of cultural or sport activities, parades, festivals ; duration of temporarily using pavement does not exceed duration of organizing those cultural activities; Yard for transshipment of daily-life waste by enterprises of urban environment sanitation; duration of use will be from 22: PM of previous day to 6: AM of the next day.

Considering the two regulations mentioned above, it is clear that your family can only temporarily use part of pavement to organize a wedding and yard for keeping vehicles and parking in serve of the wedding within 48 hours and must give notification in advance to the Commune People's Committee before using it temporarily. At the same time, the law also stipulates that your family is not allowed to use part of road bed for organizing weddings.

Second, in case of violation of the above provisions, depending on the behavior, your family may be fined in accordance with Article 12 of Decree No. 100/2019/ND-CP, specifically:

 “Article 12. Penalties for violations against regulations on the use of land area for road traffic

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.

6. A fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed upon an individual, from VND 8,000,000 to VND 12,000,000 upon an organization that commits any of the following violations:

.. g) Illegally occupying from 5 m2 to under 10 m2 of the roadway or sidewalk to provide parking services;

…  i) Illegally occupying 20 m2 of the roadway or sidewalk or more outside urban areas to provide parking services.

7. A fine ranging from VND 6,000,000 to VND 8,000,000 VND shall be imposed upon an individual, from VND 12,000,000 to VND 16,000,000 upon an organization that illegally occupies from 10 m2 to under 20 m2 of the roadway or sidewalk within an urban area to provide parking services.

8. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed upon an individual, from VND 20,000,000 to VND 30,000,000 upon an organization that commits any of the following violations:

a) Illegally occupying 20 m2 of the roadway or sidewalk or more in an urban area to provide parking services;

10. Apart from incurring penalties, following remedial measures shall also be adopted:

…d) The violation(s) specified in Clause 3; Clause 4; Points b, c and d Clause 5; Points a, b, c, d, e, g, h and i Clause 6; Clause 7; Point a Clause 8 of this Article shall lead to 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;

dd) The violation(s) specified in Point a Clause 5, Point dd Clause 6, Point b Clause 8, Clause 9 of this Article shall lead to deconstruction of constructions illegally built (without permit or different from permits) and restoration to original conditions prior to the administrative violations.”

This is FDVN's legal advice regarding your request based on our research on relevant regulations. We hope this advice will be useful to you and feel free to contact us if you have any further question.

By Nguyễn Thị Hải Nhi – FDVN law firm

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