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Penalties for owners of free-ranging dogs causing attacks or accidents in public

By DA NANG Today / DA NANG Today
May 03, 2022, 17:52 [GMT+7]

According to lawyer Do Thanh Nhan, Head of Do Thanh Nhan Law Office, Thanh Khe District, Da Nang, if free-ranging dogs or pets cause attacks, disease spreading or accidents to people in public, their owners will be administratively sanctioned, compensated for civil damage, and might even be criminally handled depending on the nature and extent of the consequences.

According to Article 7, Decree 144/2021 of the Government on violations of public order regulations, the act of letting animals running loose in urban areas or public places, allowing pets to encroach on roadways, sidewalks, common places in a residential area, an urban area or unintentionally causing injury or harm to the health of others will be subject to a warning or a fine of VND 300,000 to 500,000.

If pets cause injury or property damage to other organizations or individuals, a fine of VND 1 million to 2 million may be imposed on their owners.

Besides, according to Clause 2, Article 7, Decree 90/2017, amended and supplemented in Clause 3, Article 2, Decree 04/2020 of the Government, stipulating penalties for administrative violations against regulations on veterinary medicine, pets owners shall be fined VND 1 to 2 million if they let free-ranging dogs spotted in public without a leash or muzzle or do not vaccinate animals against rabies for animals that must be vaccinated.

The sanctioning competence belongs to the People's Committee and the ward-based and commune-based chief of police.

In addition to handling administrative violations, if free-ranging dogs or pets cause attacks, disease spreading or accidents to people in public, the owner must be responsible for compensating the victim for non-contractual damage. Specifically, Article 603 of the 2015 Civil Code provides for liability to compensate for damage caused by animals.

Accordingly, the owner of animals or pets must compensate other people for damage caused by their animals. This is civil liability for physical or health damage caused by animals.

As shared by lawyer Do Thanh Nhan, in the case of animals causing damage to the health and lives of others, the owner of the animals might be held criminally responsible depending on the extent of the damage.

Specifically, if animals cause harm to other people's health with the body injury rate is from 31-60%, then Article 138 of the Penal Code 2015 stipulates the crime of unintentionally causing injury or harming the health of others.

If an animal kills a person, the owner will be subject to Article 128, Penal Code 2015 on the crime of unintentionally causing death.

In order to limit attacks, disease spreading or traffic accidents caused by free-ranging dogs spotted in public without a leash or muzzle, animal owners need to be more conscious in managing their livestock as well as pets. In addition, local authorities and functional agencies also need to strengthen propaganda, and regularly check and strictly handle violations.

Reporting by YEN GIANG- Translating by T.VY

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