Which agency has the authority for judicial expertise regarding pyrotechnics and pyrotechnic compositions in Vietnam? Which actions are prohibited in the use of fireworks?
Which agency has the authority for judicial expertise regarding pyrotechnics and pyrotechnic compositions in Vietnam?
Based on the provisions of Article 8 Decree 137/2020/ND-CP, the regulations on judicial expertise regarding pyrotechnics and pyrotechnic compositions are as follows:
Judicial expertise regarding pyrotechnics and pyrotechnic compositions
1. Agencies authorized to perform judicial expertise regarding pyrotechnics and pyrotechnic compositions include:
a) Institute of Criminal Science under the Ministry of Public Security;
b) Forensic Science Division under the provincial Police;
c) Forensic Technical Expertise Department under the Ministry of National Defense.
2. The procedure for assessing fireworks and firecrackers shall follow the provisions of the Law on judicial expertise and the Criminal Procedure Code.
Thus, the agencies authorized to perform judicial expertise regarding pyrotechnics and pyrotechnic compositions include:
- Institute of Criminal Science under the Ministry of Public Security;
- Forensic Science Division under the provincial Police;
- Forensic Technical Expertise Department under the Ministry of National Defense.
Which agency has the authority for judicial expertise regarding pyrotechnics and pyrotechnic compositions in Vietnam? Which actions are prohibited in the use of fireworks?*
Which actions are prohibited in the use of fireworks in Vietnam?
Based on Article 5 Decree 137/2020/ND-CP, the following actions are prohibited in the use of fireworks:
- Researching, manufacturing, producing, trading, exporting, importing, storing, transporting, using, or appropriating explosive fireworks; except for organizations and enterprises under the Ministry of National Defense assigned by the Prime Minister to research, produce, import, export, supply, transport, and use explosive fireworks as regulated in this Decree.
- Researching, manufacturing, producing, trading, exporting, importing, storing, transporting, and using fireworks and firecracker materials illegally.
- Illegally bringing fireworks and firecracker materials into or out of the territory of the Socialist Republic of Vietnam, or into prohibited areas, restricted areas, protected areas, and protected targets.
- Taking advantage or abusing the use of fireworks to infringe upon national security, public order, social safety, life, health, property, and legal rights and interests of agencies, organizations, and individuals.
- Exchanging, gifting, sending, lending, renting, leasing, pawning explosive fireworks or firecracker materials for illegal fireworks production; transporting, storing or destroying fireworks without ensuring safety or causing environmental impact.
- Appropriating, buying, selling, exchanging, gifting, sending, lending, renting, leasing, pawning, forging, altering, or erasing permits for fireworks.
- Handing over explosive fireworks, firecracker materials to agencies, organizations, or individuals who do not meet the conditions as prescribed.
- Guiding, training, organizing training on the manufacturing, producing, and using of fireworks illegally in any form.
- Intentionally providing false information about the management and storage of fireworks and firecracker materials; failing to report, reporting untimely, or concealing or distorting information about losses, incidents, or accidents involving fireworks and firecracker materials.
How will citizens be administratively sanctioned for illegally using fireworks in Vietnam?
Based on Clause 3, Article 11 Decree 144/2021/ND-CP, the regulations are as follows:
Violations of regulations on the management and use of weapons, explosives, explosive precursors, supporting tools, fireworks, and prohibited dangerous toys
...
3. A fine ranging from 5,000,000 VND to 10,000,000 VND shall be imposed for any of the following acts:
a) Exchanging, giving, gifting, sending, lending, renting, leasing, pawning weapons, supporting tools, explosive fireworks, smuggled fireworks, or firecracker materials for illegal fireworks production; components, sub-assemblies of weapons, supporting tools, or scrap, waste products of weapons, explosives, supporting tools;
b) Transporting or destroying weapons, explosives, explosive precursors, supporting tools unsafely or causing environmental impact but not being criminally prosecuted;
c) Failing to test, inspect, evaluate, or register according to the law on product quality management before being allowed to manufacture, trade, or use weapons and supporting tools in Vietnam;
d) Illegally storing, transporting scrap, waste products of weapons and supporting tools;
đ) Illegally transporting or storing prohibited dangerous toys;
e) Selling explosive precursors to organizations or enterprises that have not been issued a Certificate of security and order, Certificate of eligibility for the production of industrial explosives, License for trading explosive precursors, or having no approval document from the competent state authority;
g) Losing primitive weapons, supporting tools provided;
h) Using weapons and supporting tools without a license;
i) Illegally using fireworks and firecracker materials;
k) Manufacturing, equipping, storing, transporting, repairing weapons and supporting tools without proper legal conformity.
Thus, if citizens illegally use fireworks, they may be administratively fined ranging from 5,000,000 VND to 10,000,000 VND.
Simultaneously, supplementary penalties may apply: Confiscation of exhibits, tools used in administrative violations, and remedial measures such as recovery of illegal profits obtained from committing the administrative violation.
Note: The above penalty is for individuals, for organizations the penalty is doubled.
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