What are the cases in which fireworks are allowed in Vietnam?? Shall the funding for organizing fireworks displays for the Lunar New Year 2023 be covered by the state budget in Vietnam?
What are the cases in which fireworks are allowed in Vietnam?
According to the provisions of Article 11 and Article 17 of Decree 137/2020/ND-CP, the cases in which fireworks are allowed in Vietnam include:
- Lunar New Year
+ Central-affiliated cities and Thua Thien Hue Province may fire high-range and short-range fireworks for no longer than 15 minutes; other provinces may fire short-range fireworks for no longer than 15 minutes;
+ Time: Lunar New Year’s Eve.
- Hung Kings Commemoration Day
+ Phu Tho Province may fire short-range fireworks for no longer than 15 minutes at Hung’s King Temple;
+ Time: 9 p.m. of March 9 of lunar calendar.
- Independence Day
+ Central-affiliated cities and Thua Thien Hue Province may fire high-range and short-range fireworks for no longer than 15 minutes; other provinces may fire short-range fireworks for no longer than 15 minutes;
+ Time: 9 p.m. of September 2.
- Dien Bien Phu Victory Anniversary
+ Dien Bien Phu Province may fire short-range fireworks for no longer than 15 minutes at Dien Bien Phu City;
+ Time: 9 p.m. of May 7.
- Liberation Day (April 30 of calendar year)
+ Hanoi City and Ho Chi Min City may fire high-range and short-range fireworks for no longer than 15 minutes;
+ Time: 9 p.m. of April 30.
- Anniversary for liberation or establishment of provinces and central-affiliated cities.
+ Central-affiliated cities and Thua Thien Hue Province may fire high-range and short-range fireworks for no longer than 15 minutes; other provinces may fire short-range fireworks for no longer than 15 minutes;
b) Time: 9 p.m. of liberation or establishment day of provinces and central-affiliated cities.
- National or international cultural, tourism and sports events.
- Other cases shall be decided by the Prime Minister.
Additionally, individuals and organizations are allowed to use fireworks in the following cases:
- Agencies, organizations and individuals having full legal capacity may use consumer fireworks during: National holidays, Tet holiday, marriage, conventions, grand openings, anniversaries, cultural and art activities.
- Agencies, organizations and individuals shall only purchase consumer fireworks at organizations and enterprises eligible for manufacturing and trading consumer fireworks.
Thus, individuals, organizations, and agencies are only allowed to organize and use fireworks in the cases prescribed; otherwise, such use is considered illegal.
What are the cases in which fireworks are allowed in Vietnam?? Shall the funding for organizing fireworks displays for the Lunar New Year 2023 be covered by the state budget in Vietnam?
What are the penalties imposed for the illegal use of fireworks in Vietnam?
According to the provisions of point i, clause 3, Article 11 of Decree 144/2021/ND-CP on administrative penalties for the illegal use of fireworks as follows:
Violations against regulations on management and use of weapons, explosive materials, explosive precursors, combat gears, fireworks, firecrackers, and dangerous banned toys
...
3. A fine ranging from 5.000.000 VND to 10.000.000 VND shall be imposed for any of the following violations:
a) Exchanging, giving away, sending, borrowing, lending, renting, leasing, pledging weapons, combat gears, explosive fireworks, smuggled fireworks or pyrotechnic compositions for illegal firework production; parts, assemblies of weapons, combat gears or scraps and refuses thereof;
b) Transporting or destroying weapons, explosive materials, explosive precursors or combat gears without ensuring safety or affecting the environment but not liable to criminal prosecution;
c) Failure to carry out testing, inspection, assessment and registration as prescribed by regulations of law on management of product quality before initiation production, sale, use of weapons or combat gears in Vietnam;
d) Illegal storage, transport of junk and scrap of weapons and combat gears;
dd) Transport, storage of dangerous banned toys;
e) Selling explosive precursors to an organization or enterprise that has not been granted the certificate of security and order, certificate of eligibility to manufacture industrial explosives, license for sale of explosive precursors or written approval issued by a competent authority;
g) Losing provided cold weapons or combat gears;
h) Using weapons or combat gears without a license;
i) Illegal use of firecrackers, fireworks or pyrotechnic compositions;
k) Manufacturing, providing, storing, transporting, repairing weapons or combat gears with a license but failing to comply with regulations of law.
An individual illegally using fireworks will be fined 5,000,000 to 10,000,000 VND. Additionally, an organization committing such an act will be subject to an administrative fine of 10,000,000 to 20,000,000 VND according to the provisions of clause 2, Article 4 of Decree 144/2021/ND-CP.
Furthermore, the fireworks that individuals or organizations use illegally shall be confiscated according to the provisions of point a, clause 7 of this Article.
Shall the funding for organizing fireworks displays for the Lunar New Year 2023 be not covered by the state budget in Vietnam?
On November 18, 2022, Directive 19-CT/TW in 2022 issued by the Secretariat directed the organization of the Lunar New Year 2023.
The directive on organizing fireworks displays for Lunar New Year 2023 is stated in Section 2 of Directive 19/CT-TW in 2022 as follows:
- Effectively manage and organize festivals according to regulations, ensuring that festival activities, celebrating spring, commemorating traditional days, year-end summits, New Year meetings, tree planting festivals... are practical, safe, economical, in line with civilized lifestyles, cultural traditions of the nation, and the customs and traditions of each locality. Local leaders, based on actual conditions, decide to organize fireworks displays to welcome the New Year's Day 2023 and the Lunar New 2023 appropriately to the local conditions, ensuring safety, and economy, without using the state budget.
Thus, the organization of fireworks displays to welcome New Year's Day 2023 and the Lunar New Year 2023 is carried out based on the actual situation of each locality.
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