What type of consumer fireworks may be used in Tet holiday in Vietnam in 2024? What are difference betweenconsumer fireworks and firecrackers?
What type of consumer fireworks may be used in Tet holiday in Vietnam in 2024? What are difference betweenconsumer fireworks and firecrackers?
According to Clause 1, Article 3 of Decree 137/2020/ND-CP on consumer fireworks, the regulation states:
Term Explanation
In this Decree, the following terms are understood as follows:
1. consumer fireworks are products containing consumer fireworks materials which, when impacted by mechanical, thermal, chemical, or electrical stimuli, cause a rapid, strong chemical reaction, generating gas and creating sound, light, and color effects in the space, causing explosions or not causing explosions. consumer fireworks include: Firecrackers and consumer fireworks.
a) Firecrackers are products made either manually or industrially, which, when impacted by mechanical, thermal, chemical, or electrical stimuli, cause an explosion or produce hissing sounds, explosions, and color effects in the space;
Firecrackers that produce hissing sounds, explosions, and color effects in the space are referred to as "exploding consumer fireworks";
Low-altitude exploding consumer fireworks are those with a diameter not exceeding 90 mm or a shooting range not exceeding 120 meters. High-altitude exploding consumer fireworks are those with a diameter greater than 90 mm or a shooting range greater than 120 meters;
b) consumer fireworks are products made either manually or industrially, which, when impacted by mechanical, thermal, chemical, or electrical stimuli, create sound, light, and color effects in the space without causing explosions.
Thus, Clause 1, Article 3 of Decree 137/2020/ND-CP explains two concepts: consumer fireworks and exploding consumer fireworks as follows:
- Exploding consumer fireworks are the type that produces hissing sounds, explosions, and color effects in the space.
- Low-altitude exploding consumer fireworks are those with a diameter not exceeding 90 mm or a shooting range not exceeding 120 meters. High-altitude exploding consumer fireworks are those with a diameter greater than 90 mm or a shooting range greater than 120 meters.
To use exploding consumer fireworks, a permit is required, and these can only be used during certain occasions such as the New Year, Hung Kings' Commemoration Day, National Day, etc. (according to Article 11 of Decree 137/2020/ND-CP).
- Consumer fireworks are products that, when impacted by mechanical, thermal, chemical, or electrical stimuli, create sound, light, and color effects in the space without causing explosions.
Thus, the consumer fireworks that people are allowed to use are different from exploding consumer fireworks. The type of consumer fireworks that people are permitted to use is non-explosive. The most significant difference between consumer fireworks and exploding consumer fireworks is the absence of explosive sounds and hissing.
Additionally, Article 17 of Decree 137/2020/ND-CP stipulates cases in which people may use consumer fireworks, including:
Using consumer fireworks
1. Agencies, organizations, enterprises, and individuals with full civil act capacity may use consumer fireworks in the following cases: Festivals, New Year, birthdays, weddings, conferences, openings, anniversaries.
2. Agencies, organizations, enterprises, and individuals using consumer fireworks must purchase them from organizations and enterprises authorized to produce and trade consumer fireworks.
During the Lunar New Year 2024 (Year of the Dragon), people may use consumer fireworks as regulated in point b, clause 1, article 3 of Decree 137/2020/ND-CP, and these consumer fireworks must be purchased from authorized organizations and enterprises.
What type of consumer fireworks may be used in Tet holiday in Vietnam in 2024?
What are penalties imposed upon individual for Illegally using firecrackers in Vietnam?
At point i, clause 3, article 11 of Decree 144/2021/ND-CP, and clause 7 of article 11 of Decree 144/2021/ND-CP stipulates as follows:
Violations on Managing the Use of Weapons, Explosives, Explosive Precursors, Supporting Tools, consumer fireworks, and Banned Dangerous Toys
...
3. A fine ranging from 5,000,000 VND to 10,000,000 VND shall be imposed for one of the following acts:
a) Exchanging, giving, receiving, sending, lending, borrowing, leasing, renting, pawning weapons, supporting tools, exploding consumer fireworks, smuggled consumer fireworks, or consumer fireworks materials for illegal production of consumer fireworks; parts, assemblies of weapons, supporting tools, scrap, waste products of weapons, explosives, supporting tools;
b) Transporting or destroying weapons, explosives, explosive precursors, supporting tools unsafely or causing environmental harm without being prosecuted;
c) Not testing, inspecting, evaluating, and registering according to the law on quality management of goods before production, business, and use of weapons and supporting tools in Vietnam;
d) Illegally storing or transporting scrap or waste products of weapons and supporting tools;
dd) Illegally transporting, storing banned dangerous toys;
e) Selling explosive precursors to organizations or enterprises that have not obtained the Certificate of Eligibility for Security and Order, the Certificate of Eligibility for Production of Industrial Explosives, the Permit for Trading Explosive Precursors, or the document of approval from competent state agencies;
g) Losing primitive weapons, supporting tools provided;
h) Using weapons and supporting tools without permits;
i) Using consumer fireworks and consumer fireworks materials illegally;
...
7. Additional penalty:
a) Confiscation of exhibits and means of administrative violations for acts specified in points d and đ of clause 1; points a, b, c, e and g of clause 2; points a, c, d, đ, e, h, i and k of clause 3; points a, b, c, d, dd, e, h and i of clause 4 and clause 5 of this article;
…
Thus, according to the above regulation, individuals who illegally set off firecrackers can be fined from 5,000,000 VND to 10,000,000 VND, in addition to the confiscation of exhibits and means of administrative violations.
*Note: The above fine is for individuals. The fine for organizations is twice the fine for individuals.
What dates do the 2024 Tet holiday fall on the Gregorian Calendar?
This year, the Lunar New Year 2024 will fall on the following dates:
29th Tet: Thursday, February 08, 2024
30th Tet: Friday, February 09, 2024
1st Tet: Saturday, February 10, 2024
2nd Tet: Sunday, February 11, 2024
3rd Tet: Monday, February 12, 2024
4th Tet: Tuesday, February 13, 2024
5th Tet: Wednesday, February 14, 2024
To be specific, according to the perpetual calendar, the 30th Tet in 2024 will fall on Friday, February 09, 2024, and the 1st Tet of the Year of the Dragon will be February 10, on Saturday.
LawNet