It is strictly forbidden to sell goods that encroach on sidewalks and roadways
According to the provisions of Clause 1, Article 36 of the 2008 Road Traffic Law, roadways and sidewalks can only be used for traffic purposes. Illegal use of roadbeds, sidewalks, and sidewalks is emphasized as a prohibited act in Article 8 of this Law.
Specifically, Clause 2, Article 35 of the Road Traffic Law stipulates that it is prohibited to Carrying out the following acts:
– Buying and selling goods, holding markets on the street;
– Illegally gathering large numbers of people on the street road;
– Letting animals roam freely on the road;
– Drying straw, grain, rice, agricultural products or placing other objects on the road;
– Placing advertising signs on the road;
– Installing signs and billboards Signs and devices that reduce attention, confuse the content of signs or obstruct traffic participants;
– Obscuring signs and traffic lights
– Using rollers, rollers, and similar devices on the driveway;
– Other acts that obstruct traffic.
Thus, encroaching on sidewalks and roadways is an act strictly prohibited by law. If violated, individuals and organizations may be subject to administrative sanctions.
Administrative fines
Clause 1, Clause 5, Article 12 of Decree 100/2019/ND-CP stipulates administrative fines for acts of encroaching on sidewalks and roadways as follows:
< p>For acts of trading and encroaching on sidewalks, a fine can be imposed from 100,000 VND to 200,000 VND for individuals, from 200,000 VND to 400,000 VND for organizations.
For acts of encroachment and use Illegally on urban streets to: Sell food and beverage services; repair vehicles and equipment; install advertising signs; Other activities that obstruct traffic and occupy the sidewalk can result in fines ranging from 2,000,000 VND to 3,000,000 VND for individuals, from 4,000,000 VND to 6,000,000 VND for organizations.
In addition, in the process of trading, if garbage is dumped on the road in the wrong place, individuals can be fined from 01 – 02 million VND and organizations can be fined from 02 – 04 million VND.
If Occupying urban roads or sidewalks as parking spaces will be fined as follows:
Occupying from 05 m2 to less than 10 m2: Fine from 04 – 06 million VND for individuals 08 – 12 million VND for organizations.
Occupying from 10 m2 to less than 20 m2: Fine from 06 – 08 million VND for individuals 12 – 16 million VND for organizations.
Occupation Use from over 20m2: Fine from 10 – 15 million VND for individuals 20 – 30 million VND for organizations.
In addition to being fined, individuals and organizations that commit violations will also be subject to fines. Apply remedial measures depending on each specific act.
For example, cleaning up trash, waste, supplies, vehicles, materials, goods, machinery, equipment, signs, advertising signs, other items and restoring the situation. The original state has been changed due to administrative violations…
Who has the authority to handle sidewalk encroachment sidewalk?
Pursuant to Article 74 of Decree 100/2019/ND-CP supplemented by Point d, Clause 26, Article 2 of Decree 123/2021/ND-CP stipulates Specifically as follows:
– Traffic police, within the scope of their assigned functions and tasks, have the authority to sanction acts of encroaching on the roadside, except for point a, clause 5, point b, clause 8 and Clause 9, Article 12 of Decree 100/2019/ND-CP.
– Order police, Quick response police, Mobile police, Police for administrative management of social order within the scope of their functions The assigned department has the authority to sanction acts of encroachment on the roadside except for point a, clause 5, point dd, clause 6, Article 12, Decree 100/2019/ND-CP.
– Chief of Police level The commune, within the scope of its assigned functions and tasks, has the authority to sanction acts of street vending or selling other small goods on urban roads on the sidewalks of streets with regulations prohibiting the sale of goods and selling goods at markets. within the land area of the road in the road section outside the urban area.
– Transport inspector who is assigned to perform specialized road inspection tasks.
– Inspector Specialized environmental protection inspectorsThe person assigned to perform the task of specialized environmental protection inspection has the authority to sanction the acts of discharging water onto the road at the wrong place and dumping garbage on the road at the wrong place. and illegally dumping waste materials within land reserved for roads.
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