Vietnam: Are people who set off fireworks illegally held criminally liable? How much is a fine for setting off illegal fireworks?
What are the cases of people being allowed to set off fireworks in Vietnam?
According to the provisions of Point a, Clause 1, Article 3 of Decree 137/2020/ND-CP explains firecrackers as follows:
Article 3. Term interpretation
In this Decree, terms below are construed as follows:
1. “pyrotechnic” refers to a device containing pyrotechnic compositions which, upon mechanical, chemical, thermal or electrical impact, will cause rapid and intense chemical reactions, become volatile, produce sound, light and color with or without explosion(s). Pyrotechnics consist of: Firecrackers and consumer fireworks.
a) Firecrackers 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;
According to the provisions of Article 9 of Decree 137/2020/ND-CP, the cases of fireworks exploding are as follows:
Article 9. Cases in which consumer fireworks and fireworks are allowed
1. Consumer fireworks and fireworks may be used according to Article 11 and Article 17 of this Decree.
2. Agencies and organizations that employ consumer fireworks for performance or competition must receive permission of Prime Minister and be assigned by organizations and enterprises affiliated to Ministry of National Defense to manufacture and supply.
Pursuant to Article 17 of Decree 137/2020/ND-CP stipulating the use of fireworks as follows:
Thus, people are allowed fireworks to explode in the following cases:
Article 17. Use of consumer fireworks
1. 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.
2. Agencies, organizations and individuals shall only purchase consumer fireworks at organizations and enterprises eligible for manufacturing and trading consumer fireworks.
Ceremony, New Year, birthday, wedding, conference, opening, anniversary and in cultural and artistic activities when meeting the following conditions:
- Persons with full civil act capacity;
- Buying fireworks at organizations and enterprises that are allowed to produce and trade fireworks.
Vietnam: Are people who set off fireworks illegally held criminally liable? How much is a fine for setting off illegal fireworks?
The person who set off the fireworks illegally can be held criminally liable, right in Vietnam?
According to the provisions of Article 318 of the 2015 Criminal Code of Vietnam as follows:
Article 318. Disturbance of public order
1. Any person who causes disturbance of public order which negatively impacts social safety, order or security or does it while having incurred an administrative penalty for the same offence or having an unspent conviction for the same offence shall be liable to a fine of from VND 5,000,000 to VND 50,000,000 or face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment.
2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:
a) The offence is committed by an organized group;
b) The offence involves use of weapons or vandalism;
c) The offence results in serious traffic congestion or suspension of public activities;
d) The offender incites other people to cause disturbance;
dd) The offender attacks the person who intervenes to maintain public order;
e) Dangerous recidivism.
Pursuant to Section II of Joint Circular 06/2008/TTLT-BCA-VKSNDTC-TANDTC, anyone who sets off firecrackers in the following cases shall be examined for criminal liability for causing public disorder specified in Article 318 of the 2015 Criminal Code of Vietnam:
- A person who sets off firecrackers in one of the following cases shall be examined for criminal liability for "causing public disorder" under Clause 1, Article 318 of the 2015 Criminal Code of Vietnam, fined without detention for up to 02 years or imprisoned from 03 months to 02 years:
+ Set off firecrackers in public places, places where meetings are taking place, places where people gather;
+ Set off firecrackers thrown into the street, thrown at other people, thrown at other vehicles in traffic, thrown from above, set off firecrackers carrying moving vehicles;
+ Setting off firecrackers causes damage to the health and property of others, but the extent of damage is not up to the level of criminal liability for another crime;
+ Setting off firecrackers with an equivalent quantity from 1kg to less than 5 kg for finished firecrackers or equivalent from 0.1 kg to less than 0.5 kg for firecrackers;
+ Setting off firecrackers with the amount of less than 1 kg of finished firecrackers or less than 0.1 kg for firecrackers and have been administratively handled for the act of setting off firecrackers or have been convicted of this crime, have not been cleared of their convictions but also violated.
- A person who sets off firecrackers in one of the following cases shall be examined for penal liability under Clause 2, Article 318 of the 2015 Criminal Code of Vietnam, and imprisoned from 02 years to 07 years:
+ Have been convicted of "disrupting public order";
+ Enticing, provoking children or enticing or provoking many people to set off firecrackers;
+ Obstructing or assaulting dissuading persons (including persons on public duty, public order guards or other persons preventing firecrackers from burning);
+ Set off firecrackers with an equivalent quantity of 5kg or more for finished firecrackers or equivalent to 0.5 kg or more.
Note: A person who sets off firecrackers causing serious damage to the life, health and property of others shall, in addition to being examined for criminal liability for causing public disorder under Article 318 of the 2015 Criminal Code of Vietnam, violators may be examined for criminal liability for other crimes.
Depending on the serious consequences to the life, health and property of others caused by the act of setting off firecrackers, they may be examined for criminal liability such as Article 134 of the 2015 Criminal Code of Vietnam for intentionally causing injury or harm to the health of others.
Thus, depending on the nature, extent and behavior, the person who sets off the firecracker is punished with non-custodial rehabilitation up to 02 years or imprisonment from 03 months to 07 years.
What is the administrative sanction for people who set off illegal fireworks in Vietnam?
Pursuant to Point i Clause 3 Article 11 of Decree 144/2021/ND-CP, Clause 7 Article 11 of Decree 144/2021/ND-CP stipulates as follows:
Article 11. 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:
i) Illegal use of firecrackers, fireworks or pyrotechnic compositions;
…
7. Additional penalties:
a) Confiscation of the exhibits and means of administrative violations for the violations specified in Points d and dd Clause 1, Points a, b, c, e and g Clause 2; Points a, c, d, dd, e, h, i and k Clause 3; Points a, b, c, d, dd, e, h and I Clause 4 and Clause 5 of this Article;
b) 3 – 6 months suspension of the license for use, certificate of registration of weapon or combat gear in case of violations specified in Point e Clause 2 of this Article;
c) 9 - 12 months suspension of the license, certificate of weapon, combat gear or fireworks in case of violations specified in Point a Clause 2, Points b and k Clause 3 of this Article.
In the provisions of Clause 2 Article 4 of Decree 144/2021/ND-CP on fines as follows:
Regulations on maximum fines, organizations sanctioned for administrative violations
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2. The fine specified in Chapter II of this Decree is the fine imposed for administrative violations of individuals. For organizations with the same violations, the fine is 02 times the fine for individuals.
Thus, according to the above regulations, the opponent of illegally exploding fireworks can be fined from 5,000,000 VND to 10,000,000 VND and if the organization violates, the fine is double.
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