Vietnam: Is it illegal to trade in water spraying guns? What are the penalties for producting and trading in prohibited goods?

Main Content

• Are water spraying guns in Vietnam eligible for goods banned from circulation and trade?
• What are the penalties for violations against regulations on management and use of weapons, explosive materials, combat gears, fireworks, firecrackers, and dangerous banned toys in Vietnam?
• What are the penalties for producing and trading in prohibited goods in Vietnam?

Are water spraying guns in Vietnam eligible for goods banned from circulation and trade?

Pursuant to the provisions in Chapter X of the List of goods banned from circulation and commercial services banned from provision, promulgated together with Decision 88/2000/QD-BTM as follows:

1. Various kinds of gun-like toys:

- Compressed air or spring guns shooting plastic bullets or other kinds of bullets.

- Water or steam spraying guns; guns emitting light or making explosion.

2. Toys with shape resembling other kinds of weapons:

- Those resembling grenades, bombs, mines, explosive charges.

- Those resembling swords, spears, bayonets, knifes, bows or crossbows (made of various kinds of materials including wood, bamboo, pressed paper...).

3. Pyrotechnic articles of all kinds: firecrackers, fireworks, self-igniting firecrackers and self-igniting projectile made with gun powder or other materials that can cause fire and burning.

4. Illusory toys of various kinds.

5. Toys in form of cultural products (printed matters, tapes, disks), electronic toys featured with images, sounds or actions describing human fighting and killings in a barbarous manner or acts offending human dignity, destroying environment, which are harmful to the aesthetic and ethical education of children.

6. Computer game software with pro-violence or prostitution contents.

7. Electrically-operated toys with remote controls that can cause interference to other appliances or equipment, or unsafe to children.

8. Toys bearing the national flag or map of Vietnam, or images of leaders in contravention of the regulations or intended for malicious purposes.

Thus, according to the above regulations, water spraying guns in Vietnam are prohibited toys according to the provisions of the law.

If you have the acts of producing, trading, transporting, storing, delivering and receiving water spraying guns, he may be administratively sanctioned or handled criminally depending on the severity of violations.

What are the penalties for violations against regulations on management and use of weapons, explosive materials, combat gears, fireworks, firecrackers, and dangerous banned toys in Vietnam?

Pursuant to the provisions of Article 11 Decree 144/2021/ND-CP stipulating as follows:

Violations against regulations on management and use of weapons, explosive materials, explosive precursors, combat gears, fireworks, firecrackers, and dangerous banned toys

1. A fine ranging from 1.000.000 VND to 2.000.000 VND shall be imposed for any of the following violations:

a) Failure to implement or promptly and fully implement regulations on periodic inspection of weapons and combat gears issued;

b) Failure to fully declare and register weapons and combat gears to competent authorities;

c) Violating regulations on preservation of weapons and combat gears;

d) Using or allowing children to use dangerous banned toys;

dd) Circulating expired licenses, confirmations, certificates, qualifications relevant to management and use of weapons, combat gears, fireworks and firecrackers.

2. A fine ranging from 2.000.000 VND to 5.000.000 VND shall be imposed for any of the following violations:

a) Destroying, deliberately damaging weapons or combat gears issued;

dd) Appropriating, exchanging, buying, selling, giving away, borrowing, lending, renting, leasing, pledging licenses, confirmations, certificates, qualifications relevant to weapons, combat gears, fireworks and firecrackers, or receiving them as pledge;

c) Forging licenses, confirmations, certificates, qualifications relevant to weapons, combat gears, fireworks and firecrackers;

d) Concealing, assisting or failure to report illegal fabrication, production, carry, purchase, sale, repair, export, import, storage, transport, use or destruction of weapons, combat gears, fireworks and firecrackers;

dd) Losing licenses, confirmations, certificates, qualifications relevant to weapons, combat gears, fireworks and firecrackers;

e) Using weapons or combat gears with a license but failing to comply with regulations of law;

g) Assigning weapons or combat gears to unqualified persons as prescribed by law;

h) Assigning an unqualified person to manage the warehouse or depot where weapons and combat gears are stored;

i) Failure to prepare a place for storage of weapons and combat gears as prescribed by law;

k) Deliberately providing incorrect information about management of weapons and combat gears; failure to report or timely report, concealing or falsifying information about loss, accidents, incidents relevant to weapons, explosive materials, explosive precursors, combat gears, fireworks and firecrackers;

dd) Failure to present, surrender licenses, confirmations, certificates, qualifications relevant to weapons, explosive materials, combat gears as prescribed by law;

m) Carrying a weapon or combat gear without a certificate, license or confirmation of registration;

n) Giving explosive fireworks, pyrotechnic compositions to an unqualified organization or individual as prescribed by law;

o) Erasing, falsifying licenses, confirmations, certificates, qualifications relevant to weapons, combat gears, fireworks and firecrackers.

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.

4. A fine ranging from 10.000.000 VND to 20.000.000 VND shall be imposed for any of the following violations:

a) Illegally manufacturing, providing, storing, transporting, repairing cold weapons or combat gears; parts or assemblies of weapons or combat gears, or explosive components;

b) Appropriating cold weapons or combat gears; parts or assemblies of weapons or combat gears, or explosive components;

c) Illegally manufacturing, storing, transporting, using weapons that have similar functions to hunting guns, cold weapons, sporting weapons or parts, assemblies for manufacture of weapons or combat gears with similar functions;

d) Manufacturing, providing, storing, transporting, repairing, using appropriating hunting guns, parts or assemblies thereof;

dd) Illegally excavating, searching, collecting weapons, explosive materials, combat gears, wastes or scraps thereof;

e) Illegally transporting, storing firecrackers, fireworks, pyrotechnic compositions, materials or components for production thereof;

g) Losing military or sporting weapons;

h) Illegally sawing, cutting or otherwise defusing bombs, mines, bullets, grenades, explosives, naval mines, torpedoes and other weapons;

g) Illegally instructing, training, organizing training in fabrication, production, repair or use of weapons and combat gears in any shape or form.

5. A fine ranging from 20.000.000 VND to 40.000.000 VND shall be imposed for any of the following violations:

a) Illegally manufacturing, providing, storing, transporting, repairing, using military or sporting weapons;

b) Appropriating military or sporting weapons;

c) Illegally bringing weapons, combat gears, firecrackers or fireworks into or out of the territory of the Socialist Republic of Vietnam, into a prohibited area or protected area.

6. Administrative violations against regulations on management of explosive materials, explosive precursors, production, sale of firecrackers shall be handled in accordance with the Government’s Decree on administrative violations against regulations on chemicals and industrial explosives, Decree on administrative violations against regulations on trade, production, sale of counterfeit, banned goods and protection of consumers, and relevant legislative documents.

...

Thus,you will be fined according to the above provisions when violating.

What are the penalties for producing and trading in prohibited goods in Vietnam?

Pursuant to the provisions of Article 8 of Decree 98/2020/ND-CP stipulating as follows:

Production, trade, transport, storage and delivery of prohibited goods

1. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for committing one of the following violations:

a) Trading in less than 5 kg or 5 l of pesticides prohibited from being traded, sold or used by the State;

b) Trading in less than 50 contraband cigarette packs (1 pack contains 20 cigarettes; with regard to contraband cigars and other finished tobacco products, 1 pack = 20 g);

c) Trading in less than 0,5 kg of firecrackers;

d) Trading in other goods which are prohibited from being traded, sold or used by the State if they are worth less than VND 3.000.000 or the illegal profit obtained is less than VND 1.500.000.

2. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for committing one of the following violations:

a) Trading in from 5 kg to under 10 kg or from 5 l to under 10 l of pesticides prohibited from being traded, sold or used by the State;

b) Trading in from 50 to under 100 contraband cigarette packs;

c) Trading in from 0,5 kg to under 1 kg of firecrackers;

d) Trading in other goods which are prohibited from being traded, sold or used by the State if they are worth from VND 3.000.000 to under VND 5.000.000 or the illegal profit obtained is from VND 1.500.000 to under VND 2.500.000.

3. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for committing one of the following violations:

a) Trading in from 10 kg to under 15 kg or from 10 l to under 15 l of pesticides prohibited from being traded, sold or used by the State;

b) Trading in from 100 to under 300 contraband cigarette packs;

c) Trading in from 1 kg to under 2 kg of firecrackers;

d) Trading in other goods which are prohibited from being traded, sold or used by the State if they are worth from VND 5.000.000 to under VND 10.000.000 or the illegal profit obtained is from VND 2.500.000 to under VND 5.000.000.

4. A fine ranging from VND 10.000.000 to VND 30.000.000 shall be imposed for committing one of the following violations:

a) Trading in from 15 kg to under 20 kg or from 15 l to under 20 l of pesticides prohibited from being traded, sold or used by the State;

b) Trading in from 300 to under 500 contraband cigarette packs;

c) Trading in from 2 kg to under 3 kg of firecrackers;

d) Trading in other goods which are prohibited from being traded, sold or used by the State if they are worth from VND 10.000.000 to under VND 30.000.000 or the illegal profit obtained is from VND 5.000.000 to under VND 15.000.000.

5. A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed for committing one of the following violations:

a) Trading in from 20 kg to under 30 kg or from 20 l to under 30 l of pesticides prohibited from being traded, sold or used by the State;

b) Trading in from 500 to under 1.000 contraband cigarette packs;

c) Trading in from 3 kg to under 4 kg of firecrackers;

d) Trading in other goods which are prohibited from being traded, sold or used by the State if they are worth from VND 30.000.000 to under VND 50.000.000 or the illegal profit obtained is from VND 15.000.000 to under VND 25.000.000.

6. A fine ranging from VND 50.000.000 to VND 70.000.000 shall be imposed for committing one of the following violations:

a) Trading in from 30 kg to under 40 kg or from 30 l to under 40 l of pesticides prohibited from being traded, sold or used by the State;

b) Trading in from 1.000 to under 1.200 contraband cigarette packs;

c) Trading in from 4 kg to under 5 kg of firecrackers;

d) Trading in other goods which are prohibited from being traded, sold or used by the State if they are worth from VND 50.000.000 to under VND 70.000.000 or the illegal profit obtained is from VND 25.000.000 to under VND 35.000.000.

7. A fine ranging from VND 70.000.000 to VND 90.000.000 shall be imposed for committing one of the following violations:

a) Trading in from 40 kg to under 50 kg or from 40 l to under 50 l of pesticides prohibited from being traded, sold or used by the State;

b) Trading in from 1.200 to under 1.500 contraband cigarette packs;

c) Trading in from 5 kg to under 6 kg of firecrackers;

d) Trading in other goods which are prohibited from being traded, sold or used by the State if they are worth from VND 70.000.000 to under VND 100.000.000 or the illegal profit obtained is from VND 35.000.000 to under VND 50.000.000.

8. A fine ranging from VND 90.000.000 to VND 100.000.000 shall be imposed for committing one of the following violations, if not liable to criminal prosecution:

a) Trading in 50 kg, or more, or 50 l, or more, of pesticides prohibited from being traded, sold or used by the State;

b) Trading in 1.500 or more contraband cigarette packs;

c) Trading in 6 kg or more of firecrackers;

d) Trading in other goods which are prohibited from being traded, sold or used by the State if they are worth VND 100.000.000 or more or the illegal profit obtained is VND 50.000.000 or more.

9. A fine that is twice as much as the fine prescribed in Clause 1 through 8 of this Article shall be imposed for producing the corresponding type of prohibited goods prescribed in Clause 1 through 8 of this Article.

10. The fines prescribed in Clause 1 through 8 of this Article shall be also imposed for:

a) transporting prohibited goods;

b) storing prohibited goods;

c) delivering prohibited goods.

11. Additional penalties:

a) The exhibits of the violations prescribed in this Article shall be confiscated, except the case of application of remedial measure prescribed in Point a Clause 12 of this Article;

b) The instrumentalities which are tools and machinery used for producing prohibited goods in the violation prescribed in Clause 9 of this Article shall be confiscated;

c) The vehicles used for transporting prohibited goods in the violations prescribed in this Article shall be confiscated if the violation involves the quantity, weight or value of prohibited goods or illegally obtained benefits prescribed in Clause 6, 7 and 8 of this Article or if the violation is repeated or re-committed;

d) The license or practicing certificate shall be suspended for a fixed period of 01 - 03 months if the violation is repeated or re-committed, except the case in Point dd of this Clause;

dd) The license or practicing certificate shall be suspended for a fixed period of 03 - 06 months if the violation prescribed in Clause 9 of this Article is committed.

12. Remedial measures:

a) The exhibits which are goods and articles that cause harm to human health, domestic animals, plants and environment, and indecent materials shall be destroyed if one of the violations in this Article is committed;

b) The violating entity is compelled to return any benefits illegally obtained from one of the violations in this Article.

13. The acts of production or trade in goods which are not yet licensed for free sale or use in Vietnam shall be penalized in accordance with provisions of Government’s Decrees on penalties for administrative violations in relevant sectors.

In short, before carrying out transactions, you must contact the relevant agencies (local Department of Industry and Trade) for being instructed and avoiding the sanctioned cases.