Reader’s Question

Recently, I read in the press that several young men carried a coffin in public, recorded a video, and uploaded it to social media to create shock value and increase engagement, thereby attracting views. They were sanctioned by the authorities for the act of “disturbing public order.”

May I ask: According to the law, how will acts of disturbing public order be dealt with?

Lawyer’s Answer

Lawyer Phạm Thảo – FDVN Law Firm (Da Nang Bar Association) – provides the following advice:

What is “disturbing public order”?

“Disturbing public order” refers to acts that adversely affect security, order, and social safety, cause harm to state interests, and infringe upon the rights and interests of organizations and individuals.

Such conduct may manifest through acts including:

- Using offensive words or gestures that insult the honor and dignity of one or more persons;

- Vandalizing or defiling public works or equipment;

- Shouting, making excessive noise, or engaging in illegal motorbike racing;

- Gathering to fight or engage in brawls in public places.

- Other similar acts,….

The consequence of disturbing public order may involve material or non-material harm, deemed socially serious. Therefore, the law prescribes distinct sanctions to restrict opportunities for such acts to arise in the future.

Administrative Sanctions

Administrative penalties for violations of public order are provided under Article 7 of Decree No. 144/2021/NĐ-CP, specifically:

“1. A warning or a fine ranging from VND 300,000 to VND 500,000 shall be imposed for any of the following acts:

a) Disturbing public order at art performances, cultural, sports, or commercial activities, agency or organizational premises, residential areas, or other public places, except where specified in Point a Clause 2 and Point b Clause 5 of this Article;

b) Letting domestic animals roam freely in urban areas or public places;

c) Allowing livestock, crops, or other objects to encroach upon roadways, sidewalks, parks, playgrounds, urban areas, or common living areas in residential complexes;

d) Negligently causing injury or harm to the health of others without criminal liability;

đ) Throwing garbage or any other object onto fences and adjacent areas of protected targets;

e) Grazing livestock or poultry in apartment complexes.

2. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for any of the following acts:

a) Consuming alcohol, beer, or stimulants causing public disorder;

b) Organizing or participating in gatherings of many people in public places that cause public disorder

c) Allowing domestic animals to injure people or damage property without criminal liability;

d) Flying kites, balloons, or toys capable of flight in prohibited zones or protected target areas;

đ) Using unmanned aircraft or ultralight aircraft without having been registered or granted a flight permit, or organizing flight activities without a permit, or having registered but conducting flights not in accordance with the permitted time, location, area, coordinates, or boundaries;

e) Obstructing, harassing, or causing inconvenience to others in handling baggage at markets, bus stations, ports, airports, seaports, train stations, or other public places;

g) Lighting and releasing sky lanterns;

h) Failing to carry required documents when operating unmanned aircraft or ultralight vehicles;

i) Organizing flight operations of unmanned aircraft and ultralight aircraft when the person directly operating or using them has not met the standards of airworthiness.

k) Organizing flight operations of unmanned aircraft and ultralight aircraft when the aircraft have not met the standards of airworthiness.

l) Painting, drawing, attaching images or content to walls, electric poles, or other locations in residential, public, or apartment areas, or other constructions, without authorization.

3. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed for any of the following acts:

a) Provoking, harassing, insulting, defaming the honor and dignity of others, except as provided in Point b Clause 2 Article 21 and Article 54 of this Decree;

b) Organizing, hiring, instigating, luring, enticing, or inciting others to deliberately cause injury or infringe upon the honor and dignity of others without criminal liability;

c) Reporting false information to competent agencies or organizations;

d) Making phone calls to emergency numbers 111, 113, 114, 115, or to hotlines of agencies and organizations in order to harass, threaten, or insult.

đ) Manufacturing, storing, transporting sky lanterns;

e) The design, manufacture, repair, maintenance, and testing of unmanned aircraft, aircraft engines, aircraft propellers, and equipment or devices of unmanned aircraft and ultralight aircraft without having sufficient legal records and documentation issued or registered by a competent State authority as required by law;

g) The design, manufacture, repair, maintenance, and testing of unmanned aircraft, aircraft engines, aircraft propellers, and equipment or devices of unmanned aircraft and ultralight aircraft without maintaining adequate human resources in accordance with the license issued by a competent authority;

h) The design, manufacture, repair, maintenance, and testing of unmanned aircraft, aircraft engines, aircraft propellers, and equipment or devices of unmanned aircraft and ultralight aircraft without maintaining adequate facilities, equipment, tools, workshops, and airfields as required under the license issued by a competent authority;

i) The design, manufacture, repair, maintenance, and testing of unmanned aircraft, aircraft engines, aircraft propellers, and equipment or devices of unmanned aircraft and ultralight aircraft without ensuring security, safety standards, and environmental conditions as prescribed by law.

4. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following acts:

a) Organizing, hiring, instigating, luring, enticing, or inciting others to cause disturbance and disrupt public order;

b) Carrying on one’s person, storing, or concealing rudimentary weapons, supporting tools, or other instruments and means capable of causing injury; objects, vehicles with the purpose of disturbing public order or intentionally causing bodily harm to others;

c) Abusing the rights to democratic freedom, freedom of belief, or religion to organize, hire, instigate, lure, entice, or incite others to infringe upon the interests of the State, or the lawful rights and interests of organizations and individuals;

d) Disturbing or obstructing the normal operations of agencies or organizations;

đ) Organizing or participating in unlawful mass gatherings at Party agencies, State agencies, or prohibited locations and areas;

e) Pouring or throwing waste, filth, chemicals, bricks, soil, stones, sand, or other objects into residences, places of living, onto persons, objects, or property of others, or into the headquarters of agencies, organizations, workplaces, production sites, business establishments, targets, or guard posts of protected objectives;

g) Illegally entering protected objectives or their guard posts;

h) Using unmanned aircraft or ultralight aircraft to display flags, banners, drop leaflets, or broadcast propaganda outside the scope of flight permits;

i) Writing, disseminating, or circulating documents or images containing distortions, fabrications, or defamation that adversely affect the reputation of agencies, organizations, or individuals, except for cases specified in Clause 1, Article 101 of Government Decree No. 15/2020/ND-CP dated February 03, 2020, on penalties for administrative violations in the fields of post, telecommunications, radio frequencies, information technology, and electronic transactions.

5. A fine ranging from VND 5,000,000 to VND 8,000,000 shall be imposed for any of the following acts:

a) Intentionally inflicting bodily injury or harm to the health of others without being criminally prosecuted;

b) Disturbing public order while carrying rudimentary weapons, supporting tools, or other instruments or objects capable of causing injury;

c) Filming, photographing, or drawing diagrams of prohibited locations or areas related to national defense and security;

d) Committing acts of sexual molestation against persons under 16 years of age without being criminally prosecuted;

đ) Committing acts of sexual harassment or assault;

e) Performing acts of obscenity or sexual provocation in public places;

g) Designing, manufacturing, repairing, maintaining, or testing unmanned aircraft, aircraft engines, aircraft propellers, or equipment/devices of unmanned aircraft and ultralight aircraft of types or quality inconsistent with the products registered under the license issued by a competent authority;

h) Using unmanned aircraft or ultralight aircraft to launch, discharge, or drop from the air substances or objects that are harmful or pose potential harm without permission.

6. A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed for using unmanned aircraft or ultralight aircraft to film or photograph from the air without permission.

7. A fine ranging from VND 8,000,000 to VND 10,000,000 shall be imposed for conducting flights of unmanned aircraft or ultralight aircraft inconsistent with the contents of the flight permit issued by a competent authority.

8. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for using unmanned aircraft or ultralight aircraft without complying with orders or instructions of flight management and supervision authorities.

9. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for designing, manufacturing, repairing, maintaining, or testing unmanned aircraft, aircraft engines, aircraft propellers, or equipment/devices of unmanned aircraft or ultralight aircraft without obtaining a license from a competent authority.

10. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for conducting flights of unmanned aircraft or ultralight aircraft without a flight permit issued by a competent authority.

11. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for using unmanned aircraft or ultralight aircraft to obstruct or endanger other aircraft.

Criminal liability

In addition to administrative penalties, if the above acts constitute a criminal offense, the offender may be subject to criminal prosecution under Article 318 of the Penal Code for the offense of “Disturbance of Public Order” as follows:

1. Any person who disturbs public order, thereby adversely affecting security, order, or social safety, or who has already been administratively sanctioned for such act, or previously convicted for this offense without having had the conviction expunged but reoffends, shall be subject to a fine ranging from VND 5,000,000 to VND 50,000,000, non-custodial reform of up to 02 years, or imprisonment ranging from 03 months to 02 years.

2. If the offense falls under any of the following circumstances, the offender shall be subject to imprisonment ranging from 02 years to 07 years:

a) Committed in an organized manner;

b) Using weapons, dangerous instruments, or committing acts of vandalism;

c) Causing serious obstruction of traffic or disruption of public activities;

d) Instigating others to cause disturbance;

đ) Assaulting persons intervening to protect public order;

e) Dangerous recidivism.