Are there penalties for using phones at gas stations in Vietnam?

Are there penalties for using phones at gas stations in Vietnam?

Article 35 of Decree 144/2021/ND-CP stipulates violations of regulations on fire prevention and fighting in the management and use of fire sources, heat sources, fire- and heat-generating tools or electronic devices such as:

1. A warning or fine of from 100.000 VND to 300.000 VND shall be imposed for bringing matches, lighters, cellphones, sources of fire/heat, fire-/heat-generating devices to areas where they are banned.

2. A fine ranging from 300.000 VND to 500.000 VND shall be imposed for use of sources of fire/heat, fire-/heat-generating devices without maintaining a fire safety distance according to regulations of law.

3. A fine ranging from 3.000.000 VND to 5.000.000 VND shall be imposed for use of sources of fire/heat, fire-/heat-generating devices, electric devices or electronic devices in areas where they are banned.

4. A fine ranging from 10.000.000 VND to 15.000.000 VND shall be imposed for welding, cutting metals without implementing fire safety measures as prescribed by law.

According to Clause 2, Article 4 of Decree 144/2021/ND-CP stipulating fine levels:

2. The fines specified in Chapter II of this Decree are imposed upon administrative violations committed by individuals. The fine imposed upon an organization for the same violation shall be twice the fine imposed upon an individual.

Thus, according to the above regulations in Vietnam, at gas stations with signs prohibiting the use of phones but still have people using phones within that range, they may be subject to a warning or a fine from 100,000 VND to 300,000 VND.

Is there compensation for using phones at gas stations to cause fire and explosion infringing on the health of others in Vietnam?

According to Article 590 of the 2015 Civil Code, damage caused by harm to health is as follows:

1. Damage caused by harm to health shall comprise:

a) Reasonable costs for treating, nursing and rehabilitating health, and functional losses and impairment of the aggrieved person;

b) Loss of or reduction in the actual income of the aggrieved person. If the actual income of the aggrieved person is irregular and is not able to be determined, the average income level for the type of work performed by the aggrieved person shall be applied;

c) Reasonable costs and actual income losses of the carers of the aggrieved person during the period of treatment. If the aggrieved person loses his or her ability to work and requires a permanent carer, the damage shall also include reasonable costs for taking care of the aggrieved person.

d) Other damage as prescribed by law.

2. A person causing harm to the health of another person must pay the items provided in Clause 1 of this Article together with an amount of money as compensation for mental suffering of the aggrieved person. The amount of compensation for mental suffering shall be as agreed by the parties; if the parties are not able to agree, the maximum sum shall not exceed fifty-month base salary prescribed by the State.

Therefore, according to the above regulations in Vietnam, the person who uses the phone in the gas station to cause a fire or explosion infringing on the health of others must be responsible for compensating the infringed person. The amount of compensation will be based on the provisions of the law mentioned above.

What is compensation for using phones at gas stations to cause fire and explosion infringing on the lives of others in Vietnam?

Pursuant to Article 591 of the 2015 Civil Code stipulates that damage caused by harm to life is as follows:

1. Damage caused by harm to life shall comprise:

a) Damage caused by harm to life prescribed in Article 590 of this Code;

b) Reasonable funeral costs;

c) Support for the dependants of the aggrieved person;

d) Other damage as prescribed by law.

2. A person causing death to another person must pay compensation for damage as provided in Clause 1 of this Article together with an amount of money as compensation for mental suffering of the closest relatives in the first line of succession to the deceased. If there are no such relatives, this sum shall be paid to the persons who were directly reared by the deceased or to the persons who directly reared the deceased. The amount of compensation for mental suffering shall be as agreed by the parties; if the parties are not able to agree, the maximum sum shall not exceed one-hundred-month base salary prescribed in by the State.

Thus, the person using the phone in the gas station to cause a fire or explosion that infringes on the lives of others must be responsible for compensating the infringed person. The person responsible for compensation must compensate for damage in accordance with the law and another sum of money to compensate for the mental loss of their relatives.

Best Regards!