The use of sidewalks for street vending, vehicle parking, or daily activities is currently quite common in major urban areas. However, not all cases of sidewalk use are considered illegal encroachment. In practice, current laws provide specific regulations on cases where temporary use of sidewalks is permitted, as well as violations that may result in administrative sanctions.
In addition, the implementation by certain local authorities of licensing and fee collection mechanisms for temporary sidewalk use has also attracted significant public attention, particularly from household businesses. So, which acts are considered sidewalk encroachment? And in which cases is sidewalk use permitted? How is the collection of sidewalk usage fees currently implemented?
Pursuant to Clause 1, Article 77 of the Law on Road Traffic Order and Safety, “roadways are used for traffic purposes; sidewalks are designated for pedestrians.”
Accordingly, sidewalks are primarily intended to serve pedestrians and ensure road traffic order and safety. Temporary use of sidewalks is only permitted in certain specific cases and must be approved by competent authorities. Otherwise, such acts may be handled in accordance with Decree No. 168/2024/ND-CP.
Pursuant to the Law on Road Traffic Order and Safety and Article 12 of Decree No. 168/2024/ND-CP on administrative sanctions in the field of road traffic, sidewalk encroachment refers to the unauthorized use of areas designated for pedestrians or traffic purposes for personal use, commercial activities, or storage of items that adversely affect traffic order, safety, and urban aesthetics.
Under Article 12 of Decree No. 168/2024/ND-CP, depending on the nature and severity of the violation, acts of sidewalk encroachment may be subject to administrative fines ranging from VND 200,000 to VND 30,000,000 for individuals and organizations.
Common violations include:
Playing football, shuttlecock kicking, badminton, or other unauthorized sports activities on roadways; drying rice, paddy, straw, agricultural, forestry, or seafood products on roads; placing rice threshing machines on roads; placing objects that obstruct road signs or traffic lights; obstructing vehicles or pedestrians; throwing bricks, soil, or other objects at others; occupying median strips; using sidewalks for markets, food and beverage businesses, displaying goods, vehicle repair services, or unauthorized advertising signs; displaying machinery, equipment, materials, or conducting manufacturing and processing activities on sidewalks; and using roadways or sidewalks without a permit or after the permit has expired.
In addition to administrative penalties, violating individuals and organizations may also be required to implement remedial measures and restore the original condition of the affected area.
.png)
Currently, major cities such as Hanoi and Ho Chi Minh City are implementing mechanisms for licensing and collecting fees for temporary sidewalk use.
However, it should be clearly understood that the “collection of sidewalk usage fees” does not mean that all business activities conducted on sidewalks are automatically legalized.
Specifically, there are six categories of purposes eligible for consideration for licensing, including: political, cultural, and sports events; disaster prevention and rescue activities; construction works; temporary gathering of waste and construction materials; funeral and wedding ceremonies; and vehicle parking where necessary. Commercial and trading activities are not among the permitted categories.
Therefore, residents and household businesses should clearly distinguish between cases where temporary sidewalk use is approved by competent authorities and acts of unauthorized sidewalk occupation for illegal business purposes.
This distinction is particularly important to avoid the misunderstanding that simply paying a fee allows lawful commercial use of sidewalks.
Pursuant to Article 21 of Decree No. 165/2024/ND-CP, organizations and individuals wishing to temporarily use roadways or sidewalks for purposes other than traffic must carry out licensing procedures with competent authorities.
Accordingly, applicants must prepare the required documents and submit them to the relevant management authority, such as the Department of Construction, Department of Transport, or the local People’s Committee, depending on the specific road and management area involved.
After receiving the application dossier, the competent authority will review and assess the conditions for temporary use of the roadway or sidewalk. If all statutory conditions are satisfied, the competent authority shall issue a written approval in accordance with regulations.
It can be seen that the management and use of sidewalks are currently being tightened in a more transparent and regulated manner. Nevertheless, not all cases of sidewalk use are lawful or permitted merely through the payment of fees.
Residents and household businesses should clearly understand which acts constitute illegal encroachment and which cases qualify for temporary permitted use under the law in order to avoid violations and administrative penalties.
