Vietnam: How much volume do individuals who trade in firecrackers be held criminally liable?
Can individuals trade firecrackers in Vietnam?
According to the provisions of Clause 1, Article 5 of Decree 137/2020/ND-CP stipulates:
Article 5. Prohibited acts
1. Conducting research, making, manufacturing, trading, importing, exporting, storing, transporting, using or appropriating fireworks; except for organizations and enterprises affiliated to Ministry of National Defense assigned by the Prime Minister to conduct research, manufacture, import, export, provide, transport and/or use fireworks according to this Decree.
Therefore, individuals are not allowed to trade firecrackers according to the above provisions.
Vietnam: How much volume do individuals who trade in firecrackers be held criminally liable?
How much money can an individual who sells firecrackers be fined in Vietnam?
According to the provisions of Clause 6 Article 11 of Decree 144/2021/ND-CP on handling administrative violations for firecracker trading acts as follows:
Article 11. Violations against regulations on management and use of weapons, explosive materials, explosive precursors, combat gears, fireworks, firecrackers, and dangerous banned toys
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6. Administrative violations against regulations on management of explosive materials, explosive precursors, production, sale of firecrackers shall be handled in accordance with the Government’s Decree on administrative violations against regulations on chemicals and industrial explosives, Decree on administrative violations against regulations on trade, production, sale of counterfeit, banned goods and protection of consumers, and relevant legislative documents.
Accordingly, according to the provisions of Article 8 of Decree 98/2020/ND-CP on handling violations of firecracker trade as follows:
Article 8. Production, trade, transport, storage and delivery of prohibited goods
1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for one of the following violations:
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c/ Trading in firecrackers under 0.5 kilograms;
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2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for one of the following violations:
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c/ Trading in firecrackers from 0.5 kilograms to less than 1 kilogram;
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3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following violations:
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c/ Trading in firecrackers from 1 kilogram to less than 2 kilograms;
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4. A fine of VND 10,000,000 to VND 30,000,000 shall be imposed for one of the following violations:
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c/ Trading in firecrackers from 2 kilograms to less than 3 kilograms;
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5. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed for one of the following violations:
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c/ Trading in firecrackers from 3 kilograms to less than 4 kilograms;
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6. A fine of VND 50,000,000 to VND 70,000,000 shall be imposed for one of the following violations:
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c/ Trading in firecrackers from 4 kilograms to less than 5 kilograms;
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7. A fine of VND 70,000,000 to VND 90,000,000 shall be imposed for one of the following violations:
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c/ Trading in firecrackers from 5 kilograms to less than 6 kilograms;
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8. A fine of VND 90,000,000 to VND 100,000,000 shall be imposed for one of the following violations in case of non-examination for penal liability:
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c/ Trading in firecrackers of 6 kilograms or more;
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9. A fine of twice the fine prescribed in Clauses 1 to 8 of this Article for the act of producing prohibited goods respectively specified in Clauses 1 to 8 of this Article.
Note: The above fine is a fine imposed for administrative violations committed by an individual. In case of administrative violations committed by the organization, the fine shall be twice the prescribed fine for the individual.
Thus, individuals conducting firecracker trading business may be sanctioned for administrative violations corresponding to the extent of violations as well as the volume of firecrackers used for business purposes of individuals.
How much volume do individuals who trade in firecrackers be held criminally liable in Vietnam?
Article 190 of the 2015 Criminal Code of Vietnam (as amended by Clause 40, Article 1 of the 2017 Criminal Code of Vietnam Amendment Law) provides for the following:
The crime of producing and selling prohibited goods
1. A person who commits any of the following acts, except in the circumstances specified in Articles 232, 234, 244, 246, 248, 251, 253, 254, 304, 305, 306, 309, 311 hereof, shall be liable to a fine of from VND 100,000,000 to VND 1,000,000,000 or face a penalty of 01 - 05 years’ imprisonment:
a) Manufacturing or dealing in goods banned from trading and/or using by the State where the quantity of goods is from 50 kg to under 100 kg or from 50 liters to under 100 liters;
b) Illegally importing from 1,500 to under 3,000 cigarette packs;
c) Manufacturing or dealing in from 06 kg to under 40 kg of firecrackers;
d) Manufacturing or dealing in other goods banned from trading and/or using by the State where the value of goods is from VND 100,000,000 to under VND 300,000,000 or the illegal profit earned is from VND 50,000,000 to under VND 200,000,000;
dd) Manufacturing or dealing in other goods that have not been permitted in Vietnam where the value of goods is from VND 200,000,000 to under VND 500,000,000 or the illegal profit earned is from VND 100,000,000 to under VND 300,000,000;
e) Manufacturing or dealing in a quantity of illegal goods below the lower limits mentioned in Points a, b, c, d, dd of this Clause while having incurred an administrative penalty for the same offence or any of the offences specified in Articles 188, 189, 191, 192, 193, 194, 195, 196 and 200 hereof or committing this offence while having an unspent conviction for any of the aforementioned offences.
2. This offence committed in any of the following circumstances shall carry a fine of from VND 1,000,000,000 to VND 3,000,000,000 or a penalty of 05 - 10 years' imprisonment:
a) The offence is committed by an organized group;
b) The offender misuses his/her position or power to commit the offence;
c) The offence is committed in the name of an agency or organization;
d) The offence is committed in a professional manner;
dd) The quantity of agrochemical banned by the State is from 100 kg to under 300 kg or from 100 liters to under 300 liters;
e) The quantity of illegally imported cigarettes is from 3,000 to under 4,500 packs;
g) The quantity of firecrackers is from 40 kg to under 120 kg;
h) The value of other goods banned from trading and/or using by the State value of goods is from VND 300,000,000 to under VND 500,000,000 or the illegal profit earned is from VND 200,000,000 to under VND 500,000,000;
i) The value of other goods that have not been permitted in Vietnam is from VND 500,000,000 to under VND 1,000,000,000 or the illegal profit earned is from VND 300,000,000 to under VND 700,000,000;
k) Trading goods across the border, except for cigarettes;
l) Dangerous recidivism.
3. This offence committed in any of the following circumstances carries a penalty of 08 - 15 years' imprisonment:
a) The quantity of agrochemical banned by the State is ≥ 300 kg or ≥ 300 liters;
b) The quantity of illegally imported cigarettes is ≥ 4,500 packs;
c) The quantity of firecrackers is ≥ 120 kg;
d) The value of other goods banned from trading and/or using by the State value of goods is ≥ VND 500,000,000 or the illegal profit earned is ≥ VND 500,000,000;
dd) The value of other goods that have not been permitted in Vietnam is ≥ VND 1,000,000,000 or the illegal profit earned is ≥ VND 700,000,000
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Thus, individuals engaged in the business of trading firecrackers from 06 kilograms may be examined for criminal liability.
Persons who commit the above-mentioned violations may be fined from VND 100 million to a maximum fine of VND 03 billion or imprisoned from 01 year to 15 years depending on the specific case of the crime.
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