What are administrative penalties for turning on generators and making loud noises at night in Vietnam?

What are administrative penalties for turning on generators and making loud noises at night in Vietnam?

Pursuant to Article 8 of Decree 144/2021/ND-CP stipulating violations against regulations on public serenity as follows:

1. A warning or a fine ranging from 500.000 VND to 1.000.000 VND shall be imposed for any of the following violations:

a) Making loud noises in a residential area or public area during 10 p.m – 6 a.m;

b) Failure to comply with regulations on maintaining serenity in health facilities, sanitariums, schools or other places with such regulations;

c) Selling food and/or drink past the hour specified in by the People’s Committee of the province.

2. A fine ranging from 1.000.000 VND to 2.000.000 VND shall be imposed for using loudspeakers, gongs, drums, horns or other devices to make loud noises in public without permission of competent authorities.

3. Additional penalty:

Confiscation of the exhibits and means of administrative violations in case of violations specified in Clauses 2 of this Article.

According to Clause 2, Article 4 of Decree 144/2021/ND-CP, the fine levels are as follows:

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, those who act to open generators and make loud noises between 10pm and 6am the next day will be subject to a warning or a fine ranging from 500,000 VND to 1,000,000 VND in Vietnam.

Does the Chairperson of the People’s Committee of commune have authority to sanction the person who turns on the generator making noises at night in Vietnam?

According to Clause 1, Article 68 of Decree 144/2021/ND-CP stipulating power to impose penalties of the Chairpersons of the People’s Committees at all levels: as follows:

1. Chairperson of the People’s Committee of commune shall have the power to:

a) Issue warnings;

b) Impose a fine up to VND 3.000.000 for administrative violation against regulations on domestic violence prevention; up to VND 4.000.000 for the administrative violation against regulations on social security, order and safety; up to VND 5.000.000 for the administrative violation against regulations on fire prevention and fighting, rescue and social evil prevention;

c) Confiscate any exhibit or mean which has been used for committing administrative violation if its value is not 02 times as high as the fine specified in Point b of this Clause

d) Impose the remedial measures specified in Points a and c Clause 1 Article 28 of the Law on penalties for administrative violations.

According to this Article, the Chairperson of the People’s Committee of commune has the authority to sanction the person who opens the generator making noise at night in Vietnam.

What are administrative penalties for turning on generators that causes noise higher than the permissible exposure level of noise in Vietnam?

Pursuant to Article 22 of Decree 45/2022/ND-CP stipulating offences against regulations on noise as follows:

1. A warning shall be issued if the noise is less than 02 dBA higher than the permissible exposure level of noise prescribed in the technical regulation on noise.

2. A fine ranging from VND 1,000,000 to VND 5,000,000 shall be imposed if the noise is 02 dBA to under 05 dBA higher than the permissible exposure level of noise prescribed in the technical regulation on noise.

3. A fine ranging from VND 5,000,000 to VND 20,000,000 shall be imposed if the noise is 05 dBA to under 10 dBA higher than the permissible exposure level of noise prescribed in the technical regulation on noise.

4. A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed if the noise is 10 dBA to under 15 dBA higher than the permissible exposure level of noise prescribed in the technical regulation on noise.

5. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed if the noise is 15 dBA to under 20 dBA higher than the permissible exposure level of noise prescribed in the technical regulation on noise.

6. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed if the noise is 20 dBA to under 25 dBA higher than the permissible exposure level of noise prescribed in the technical regulation on noise.

7. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed if the noise is 25 dBA to under 30 dBA higher than the permissible exposure level of noise prescribed in the technical regulation on noise.

8. A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed if the noise is 30 dBA to under 35 dBA higher than the permissible exposure level of noise prescribed in the technical regulation on noise.

9. A fine ranging from VND 120,000,000 to VND 140,000,000 shall be imposed if the noise is 35 dBA to under 40 dBA higher than the permissible exposure level of noise prescribed in the technical regulation on noise.

10. A fine ranging from VND 140,000,000 to VND 160,000,000 shall be imposed if the noise is at least 40 dBA higher than the permissible exposure level of noise prescribed in the technical regulation on noise.

11. Additional penalties:

a) Suspending the business establishment’s activities causing noise pollution for 03 - 06 months in case of commission of the offences specified in clauses 4, 5, 6 and 7 of this Article;

b) Suspending the business establishment’s operation for 06 - 12 months in case of commission of the offences specified in clauses 8, 9 and 10 of this Article.

12. Remedial measures:

a) Mandatory application of measures to reduce noise in accordance with technical regulations within the period regulated by the person having the power to impose penalties in the decision to impose penalties for the administrative offences prescribed in this Article;

b) Mandatory payment of costs of solicitation of assessment, inspection, measurement and analysis of environmental samples for generating noise in excess of the permissible exposure level of noise prescribed in the environmental technical regulation or causing noise pollution according to current norms and prices in case of commission of the offences prescribed in this Article.

In Clause 2, Article 6 of Decree 45/2022/ND-CP, the fine levels are as follows:

2. Fines for administrative offences prescribed in Chapter II herein are the ones for the administrative offences committed by individuals. The fine incurred by an organization is twice as much as that incurred by an individual for the same offence.

According to the above regulations in Vietnam, those who open noisy generators in excess of the permissible exposure level of noise will be subject to a warning or a fine ranging from VND 1,000,000 to VND 160,000,000 and apply additional sanctions, remedial measures depending on how much noise exceeds the permissible exposure level of noise.

Best Regards!