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When will criminal prosecution be initiated for violations of fire prevention and fighting regulations?

Việt NamViệt Nam06/07/2024

Violations that cause fires and explosions, depending on the level of damage, will be subject to fines as specifically prescribed in Section 3 of Decree No. 144/2021 of the Government and forced to pay all medical examination and treatment costs for violations specified in Clause 5, Article 51 of Decree No. 144.

Regulations: "Violating regulations on fire prevention and fighting causing injury or damage to the health of 1 person with a body injury rate of less than 61%; Violating regulations on fire prevention and fighting causing injury or damage to the health of 2 or more people with a total body injury rate of these people of less than 61%".

Violations of fire prevention and fighting regulations subject to criminal prosecution are stipulated in Article 313 of the 2015 Penal Code, which stipulates the crime of violating regulations on fire prevention and fighting as follows:

Crime of violating regulations on fire prevention and fighting:

Anyone who violates fire prevention and fighting regulations and causes damage to others in one of the following cases shall be subject to non-custodial reform for up to 3 years or imprisonment from 2 to 5 years: Causing death; Causing injury or damage to the health of 1 person with a bodily injury rate of 61% or more; Causing injury or damage to the health of 2 or more people with a total bodily injury rate of 61% to 121%; Causing property damage from 100 million VND to less than 500 million VND.

Committing a crime in one of the following cases shall be punishable by imprisonment from 5 to 8 years: Causing the death of 2 people; Causing injury or damage to the health of 2 or more people with a total bodily injury rate of 122% to 200%; Causing property damage from 500 million VND to less than 1 billion 500 million VND.

Committing a crime in one of the following cases shall be punishable by imprisonment from 7 to 12 years: Causing the death of 3 or more people; Causing injury or damage to the health of 3 or more people with a total bodily injury rate of 201% or more; Causing property damage of 1.5 billion VND or more. Violating fire prevention and fighting regulations in cases where there is a real possibility of leading to the consequences specified in one of the points in Clause 3 of this Article, if not prevented in time, shall be subject to a warning, non-custodial reform for up to 1 year or imprisonment from 3 months to 1 year.

Offenders may also be fined from 10 million to 50 million VND, banned from holding positions, practicing a profession or doing certain jobs from 1 to 5 years.


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