Is it compulsory to dispose of consumer fireworks, fireworks and pyrotechnic compositions that expire? What are the regulations on disposal of pyrotechnics and pyrotechnic compositions in Vietnam?
- Vietnam: Is it compulsory to dispose of consumer fireworks, fireworks and pyrotechnic compositions that expire?
- What prohibited acts in managing and using pyrotechnics and pyrotechnic compositions in Vietnam?
- What are the regulations on disposal of pyrotechnics and pyrotechnic compositions in Vietnam?
Vietnam: Is it compulsory to dispose of consumer fireworks, fireworks and pyrotechnic compositions that expire?
Pursuant to the provisions of Article 4 of Decree 137/2020/ND-CP regulating the principles in managing and using pyrotechnics and pyrotechnic compositions as follows:
Principles in managing and using pyrotechnics and pyrotechnic compositions
1. Complying with Constitutions and regulations and law of Socialist Republic of Vietnam.
2. Ensuring that management and use of consumer fireworks, fireworks and pyrotechnic compositions is for the right purposes, compliant with regulations and law and environmentally friendly.
3. Ensuring eligibility of individuals managing and using consumer fireworks, fireworks and pyrotechnic compositions as per the law.
4. Reporting to competent authorities if consumer fireworks, fireworks, pyrotechnic compositions or if the license is missing.
5. Disposing consumer fireworks, fireworks and pyrotechnic compositions that are no longer required, expire or cannot be used as per the law.
6. Ensuring adequate procedures, safety and environmental protection when disposing pyrotechnics and pyrotechnic compositions as per the law.
Thus, fireworks, explosive fireworks, and expired fireworks will be destroyed according to the provisions of law.
Is it compulsory to dispose of consumer fireworks, fireworks and pyrotechnic compositions that expire? What are the regulations on disposal of pyrotechnics and pyrotechnic compositions in Vietnam?
What prohibited acts in managing and using pyrotechnics and pyrotechnic compositions in Vietnam?
Pursuant to Article 5 of Decree 137/2020/ND-CP stipulates as follows:
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.
2. Conducting research, creating, manufacturing, trading, importing, exporting, storing, transporting or using consumer fireworks or pyrotechnic compositions illegally.
3. Carrying pyrotechnics or pyrotechnic compositions into or out of territory of Socialist Republic of Vietnam or into restricted areas, restricted zones, protected areas and protected targets.
4. Abusing or exploiting pyrotechnics to violate national security, social order, safety, life, health, property, legal rights and benefits of agencies, organizations and individuals.
5. Exchanging, gifting, giving, sending, borrowing, lending, hiring, leasing or mortgaging fireworks or pyrotechnic compositions to illegally manufacture pyrotechnics; transporting, preserving or disposing pyrotechnics in an unsafe manner or in a manner that affects the environment.
6. Appropriating, trading, exchanging, gifting, giving, borrowing, lending, hiring, leasing, mortgaging, fabricating, falsifying or modifying pyrotechnic-related certificates.
7. Assigning fireworks or pyrotechnic compositions to ineligible agencies, organizations or individuals as per the law.
8. Guiding, training, or organizing training on production, manufacturing or using pyrotechnics illegally in any shape or form.
9. Intentionally providing false information on managing and preserving pyrotechnics or pyrotechnic compositions; failing to promptly report, concealing or falsifying information on losses, incidents or accidents related to pyrotechnics and pyrotechnic compositions.
Accordingly, there are 9 prohibited acts in managing and using pyrotechnics and pyrotechnic compositions according to the above regulations.
What are the regulations on disposal of pyrotechnics and pyrotechnic compositions in Vietnam?
Pursuant to Article 7 of Decree 137/2020/ND-CP stipulates as follows:
Disposal of pyrotechnics and pyrotechnic compositions
1. Disposal of pyrotechnics and pyrotechnic compositions must ensure safety, completely nullify function or use, render the pyrotechnics and pyrotechnic compositions irreversible to their original states and comply with procedures approved by competent authorities.
2. Heads of military agencies of districts or police authorities of districts shall approve measures consisting of: Time, location, methods of disposal, compositions of disposal councils, measures for preventing, responding to incidents that occur during disposal process and minimizing impact on the environment. Disposal of location must be isolated, situated away from residential areas and public structures, and be able to minimize impact on the environment.
3. Disposal methods:
a) For pyrotechnics and casings which are made of non water-resistant materials, remove packaging and wrapping and submerge in water until the casings and contents are completely separate. Extract all materials that do not dissolve in water, dry and dispose by burning or burying; the remaining liquid containing chemicals must be buried in locations approved by heads of military commands of districts or police authorities of districts or higher;
b) For pyrotechnics and casings which are made of water-resistant materials, separate the casings and pyrotechnic compositions. Dispose the casings by burning or burying; dispose pyrotechnic compositions by submerging in water until the pyrotechnic compositions has been impregnated with water to an extent that it can no longer explode, drying the residues and drying or burning at locations approved by heads of military commands of districts or police authorities of districts or higher;
c) For pyrotechnic compositions, perform as instructed under Point b of this Clause.
4. Procedures for disposal
a) After receiving disposal decisions of competent agencies, military commands of districts or police authorities of districts or higher must form councils for disposal and develop disposal methods. Compositions of councils for disposal shall include: Representative of disposal agencies acting Chairpersons; representatives of specialized technical agencies and agencies for state management in environment sector of districts and People’s Committees of communes where the disposal locations situate acting council members. Disposal methods must ensure absolute safety and minimal impact on the environment;
b) After disposing, examine the disposal locations to ensure that all disposed pyrotechnics cannot regain their functions and/or uses. Disposal results must be kept records and bear confirmation of Chairpersons and council members.
5. In case pyrotechnics or pyrotechnic compositions remain, are damaged or expired as a result of manufacturing process, heads of organizations or enterprises shall dispose pyrotechnics and pyrotechnic compositions according to procedures approved by competent agencies affiliated to Ministry of National Defense. After disposing, report to supervisory military commands and police authorities.
Thus, the current destruction of fireworks and fireworks is carried out according to the above regulations.
LawNet
