Reality recorded many serious fires causing damage to people and property originating from uncontrolled gold burning. This raises the question: what legal sanctions will people who burn votive paper causing fires face?
Heavy penalties if causing a fire
Talking to Lao Dong Newspaper, Lawyer Tran Van Gioi, Ho Chi Minh City Bar Association, said that the person who commits the act of burning votive paper causing a fire and causing damage may face 3 different types of legal liability.
The first is administrative responsibility. Decree 106/2025 stipulates quite high penalties to increase deterrence against the act of using fire sources not in accordance with regulations.
Clause 1, Article 11, Decree 106/2025 stipulates a fine of 5-10 million VND for the act of using fire sources, heat sources, fire-generating equipment and tools but not ensuring a safe fire prevention and fighting distance.
The fine will increase to 20-25 million VND if using fire sources, heat sources, fire-generating equipment and tools in areas prohibited by regulations.
Therefore, arbitrarily using firepower to burn votive paper in large quantities in narrow, unventilated areas such as apartment balconies, escape corridors, under stairs or parking garages not only poses a risk of fire but can also be fined a considerable amount of money.
Can be criminally prosecuted if causing serious damage
Also according to Lawyer Gioi, in a more serious level, if the act of burning votive paper causes consequences such as fire, damaging, destroying property or causing damage to life, the violator may be criminally prosecuted for the following crimes:
The crime of "involuntarily causing serious damage to property" under Article 180 of the Penal Code (BLHS).
1. Anyone who unintentionally causes damage to other people's property worth from 100 million VND to less than 500 million VND shall be subject to a warning or non-custodial reform for up to 2 years.
2. Committing a crime causing damage to other people's property worth 500 million VND or more, shall be subject to non-custodial reform from 2 years to 3 years or imprisonment from 3 months to 2 years.
Crime of "violating regulations on fire prevention and fighting" under Article 313 of the Penal Code.
1. Anyone who violates regulations on fire prevention and fighting causing 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 years to 5 years: Causing death; Causing injury or harm to the health of 1 person with a body injury rate of 61% or more; Causing injury or harm to the health of 2 or more people with a total body injury rate of these people from 61% to 121%; Causing property damage from 100 million VND to less than 500 million VND
2. Committing a crime in one of the following cases shall be sentenced to imprisonment from 5 years to 8 years: Causing the death of 2 people; Causing injury or harm to the health of 2 or more people with a total body injury rate of these people from 122% to 200%; Causing property damage from 500 million VND to under 1,500 million VND.
3. Committing a crime in one of the following cases shall be sentenced to imprisonment from 7 years to 12 years: (a) Causing the death of 3 or more people; (b) Causing injury or harm to the health of 3 or more people with a total rate of physical injury of these people of 201% or more; (c) Causing property damage of 1,500 million VND or more.
4. Violation of regulations on fire prevention and fighting in cases where there is actual possibility leading to consequences specified in one of points a, b and c, clause 3 of this Article if not promptly prevented, shall be subject to a warning, non-custodial reform for up to 1 year or imprisonment from 3 months to 1 year.
5. The offender may also be fined from 10 million VND to 50 million VND, banned from holding positions, banned from practicing professions or doing certain jobs for 1 year to 5 years.
