Vietnam: What components does the dossier of application for a license for transporting explosive fireworks and explosives include?
What is a firecracker under Vietnam Law?
Pursuant to Point a, Clause 1, Article 3 of Decree 137/2020/ND-CP stipulates that firecrackers (explosive fireworks) are products manufactured manually or industrially which, upon mechanical, chemical, thermal or electrical impact, will emit explosion sound effect or emit whistling, explosion sound and colorful effects;
Firecrackers that emit a whistling, explosive sound and color effect shall be referred to as fireworks;
Short-range fireworks are firecrackers that have no more than 90 mm in diameter or do not travel more than 120 m. High-range fireworks are firecrackers that have more than 90 mm in diameter or travel more than 120 m;
Vietnam: What components does the dossier of application for a license for transporting explosive fireworks and explosives include?
What are the conditions for transporting explosive fireworks in Vietnam?
Pursuant to Clause 2, Article 13 of Decree 137/2020/ND-CP stipulating that organizations and enterprises under the Ministry of Defense assigned by the Prime Minister to research, produce, import, export and supply explosive fireworks are allowed to transport explosive fireworks and explosives, as follows:
Article 13. Issuance of transport permit for fireworks and explosive pyrotechnic composition
1. Organizations and enterprises affiliated to Ministry of National Defense assigned by Prime Minister to conduct research, manufacture, import, export or supply fireworks may transport fireworks and explosive pyrotechnic composition.
2. Transportation of fireworks and explosive pyrotechnic composition must satisfy following requirements:
a) Transport permit or transport order of competent agencies is required; and
b) Individuals and specialized vehicles for transporting fireworks and explosive pyrotechnic composition must meet industrial explosive transportation requirements as per the Vietnam Law; and
c) Specialized vehicles satisfying fireworks, explosive pyrotechnic composition transportation, fire prevention and environmental protection requirements must be employed; and
d) fireworks, explosive pyrotechnic composition, fireworks accessories and personnel (other than those responsible for transportation) must not be transported by the same vehicles;
dd) Vehicles transporting fireworks and explosive pyrotechnic composition must not park or stop in crowded areas, residential areas, close to gas filling stations, in the vicinity of important structures in terms of national defense, security, economy, culture and foreign affairs. In case of night rest or accidents, immediately inform the nearest military authorities or police authorities for cooperation and protection if necessary and adopt protective and fire prevention measures.
Accordingly, the transportation of explosive fireworks and explosives shall comply with the following provisions:
- Transport permit or transport order of competent agencies is required; and
- Individuals and specialized vehicles for transporting fireworks and explosive pyrotechnic composition must meet industrial explosive transportation requirements as per the Vietnam Law; and
- Specialized vehicles satisfying fireworks, explosive pyrotechnic composition transportation, fire prevention and environmental protection requirements must be employed; and
- fireworks, explosive pyrotechnic composition, fireworks accessories and personnel (other than those responsible for transportation) must not be transported by the same vehicles;
- Vehicles transporting fireworks and explosive pyrotechnic composition must not park or stop in crowded areas, residential areas, close to gas filling stations, in the vicinity of important structures in terms of national defense, security, economy, culture and foreign affairs. In case of night rest or accidents, immediately inform the nearest military authorities or police authorities for cooperation and protection if necessary and adopt protective and fire prevention measures.
In case of needing to stay overnight or due to an incident, it is necessary to immediately notify the nearest military agency or police agency to coordinate protection when necessary and have a plan to ensure safety, prevent fire, explosion or damage.
How are dossiers and procedures for granting permits for transporting firecrackers and explosives regulated in Vietnam?
The transportation of explosive fireworks and explosives by organizations and enterprises under the Ministry of Defense that manufacture and supply explosive fireworks according to the provisions of Clause 3 Article 13 of Decree 137/2020/ND-CP:
- Proposals, including:
The application consists of: Written application specifying reasons, quantity and type of fireworks and explosive pyrotechnic composition to be transported, point of departure, destination, duration, route, full name and address of individuals responsible for transportation, vehicle operators, license plates of vehicles; orders of regulatory authorities or import, export permit of competent agencies; letter of introduction and copies of any of following documents: Citizen Identity Card, ID card, passport or servicemen certificates of contact individuals. In case of transportation of fireworks according to Clauses 7 and 8 Article 11 of Decree 137/2020/ND-CP, applications must include written consensus of Prime Minister.
- Documents specified under Point a of this Clause shall be compiled into single application and submitted at General Staff of the Ministry of National Defense;
- Within 5 working days from the date on which adequate applications are received, General Staff of the Ministry of National Defense shall issue transport permit using Form under Annex IV attached to this Decree or provide written explanation in case of rejection. Transport permit is only eligible for a single transportation instance; return transport permit to issuing agencies within 7 days from the date on which transportation is complete.
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