Vietnam: Is it possible to invest in trade in fireworks and firecrackers? What is the fine for illegally transporting and storing fireworks and firecrackers?
Is it possible to invest in trade in fireworks and firecrackers in Vietnam?
According to Article 6 of the Investment Law 2020 stipulating the banned business lines as follows:
- The business investment activities below are banned:
+ Business in narcotic substances specified in Appendix I hereof;
+ Business in chemicals and minerals specified in Appendix II hereof;
+ Business in specimens of wild flora and fauna specified in Appendix 1 of Convention on International Trade in Endangered Species of Wild Fauna and Flora; specimens of rare and/or endangered species of wild fauna and flora in Group I of Appendix III hereof;
+ Prostitution business;
+ Human trafficking; trade in human tissues, corpses, human organs and human fetuses;
+ Business activities pertaining to asexual human reproduction;
+ Trade in firecrackers.
+ Provision of debt collection services.
- The Government’s regulations shall apply to production and use of the products mentioned in Points a, b, and c Clause 1 of this Article during analysis, testing, scientific research, medical research, pharmaceutical production, criminal investigation, national defense and security protection.
Thus, trade in fireworks and firecrackers are eligible for the banned business lines in Vietnam.
How much is the fine for illegally transporting and storing fireworks and firecrackers in Vietnam?
According to Article 11 of Decree 144/2021/ND-CP stipulating as follows:
"...
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.
...
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.
8. Remedial measures:
a) Mandatory environmental recovery in case of violations specified in Point b Clause 3 of this Article;
b) Mandatory return of the illegal profits earned from commission of the administrative violations specified in Points b and c Clause 2; Points a, b, c, d, dd, e and k Clause 3; Points a, c, d, e and I Clause 4 and Point a Clause 5 of this Article;
c) Mandatory return of the license, certificate of weapon, combat gear or fireworks in case of violations specified in Point o Clause 2 of this Article;
Thus, the acts of illegally transporting and storing fireworks and firecrackers will be fined from VND 10,000,000 to VND 20,000,000. However, this is the fine for individuals and organizations will be doubled (Article 4 of Decree 144/2021/ND-CP). At the same time, the material evidences and means of violation shall be confiscated and ill-gotten gains must be returned.
What are the regulations on criminally sanctioning the act of trading in fireworks and firecrackers in Vietnam?
In Article 190 of the Criminal Code 2015 (amended by point a, clause 40, Article 1 of the Law on amendments to the Criminal Code 2017) as follows:
1. A person who commits any of the following acts, except in the circumstances specified in Articles 232, 234, 244, 246, 248, 251, 253, 254, 304, 305, 306, 309, 311 hereof, shall be liable to a fine of from VND 100,000,000 to VND 1,000,000,000 or face a penalty of 01 - 05 years’ imprisonment:
a) Manufacturing or dealing in goods banned from trading and/or using by the State where the quantity of goods is from 50 kg to under 100 kg or from 50 liters to under 100 liters;
b) Illegally importing from 1,500 to under 3,000 cigarette packs;
c) Manufacturing or dealing in from 06 kg to under 40 kg of firecrackers;
d) Manufacturing or dealing in other goods banned from trading and/or using by the State where the value of goods is from VND 100,000,000 to under VND 300,000,000 or the illegal profit earned is from VND 50,000,000 to under VND 200,000,000;
dd) Manufacturing or dealing in other goods that have not been permitted in Vietnam where the value of goods is from VND 200,000,000 to under VND 500,000,000 or the illegal profit earned is from VND 100,000,000 to under VND 300,000,000;
e) Manufacturing or dealing in a quantity of illegal goods below the lower limits mentioned in Points a, b, c, d, dd of this Clause while having incurred an administrative penalty for the same offence or any of the offences specified in Articles 188, 189, 191, 192, 193, 194, 195, 196 and 200 hereof or committing this offence while having an unspent conviction for any of the aforementioned offences.
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Thus, trading in firecrackers of 06 kg or more will be penalized for at least 1 year or be fined.
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