Vietnam: What is the administrative fine imposed on entities illegally using fireworks during the Lunar New Year 2024? What types of fireworks can people use for the Lunar New Year 2024?
What is the administrative fine imposed on entities illegally using fireworks during the Lunar New Year 2024 in Vietnam?
Under Point i, Clause 3, Article 11 of Decree 144/2021/ND-CP, Clause 7, Article 11 of Decree 144/2021/ND-CP as follows:
Violations against regulations on the management and use of weapons, explosive materials, explosive precursors, combat gears, fireworks, firecrackers, and dangerous banned toys
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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.
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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;
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Thus, under the above regulations, individuals illegally using fireworks in Vietnam may be fined from 5,000,000 VND to 10,000,000 VND and exhibits and means of administrative violations shall be confiscated.
*Note: The above fine applies to individuals and for violating organizations, the fine shall be doubled.
What types of fireworks can people in Vietnam use for the Lunar New Year 2024?
Under the provisions of Article 17 of Decree 137/2020/ND-CP stipulating the use of consumer fireworks as follows:
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.
Under the provisions of Point b, Clause 1, Article 3 of Decree 137/2020/ND-CP, consumer fireworks are products manufactured manually or industrially which, upon mechanical, chemical, thermal or electrical impact, will emit sound, light, or colorful effects without emitting explosion sound effect.
Accordingly, people with full civil act capacity may buy and use consumer fireworks through organizations and enterprises licensed to manufacture and trade fireworks.
Currently, only 21 Chemical Single Member Limited Liability Company (Z121 Factory) under the Ministry of Defense is assigned to manufacture and supply consumer fireworks in Vietnam. Some of the Z121 fireworks listed by the 21 Chemical Single Member Limited Liability Company (Z121 Factory) under the Ministry of Defense from August 1, 2023 are as follows:
No. | Type of consumer fireworks | Price |
1 | Outdoor silver water spray pipe | 25,000 VND/tube |
2 | Indoor silver water spray pipe | 26,000 VND/tube |
3 | Handheld sparkler spray pipe (200mm) | 33,000 VND/pack (5 tubes) |
4 | Handheld sparkler spray pipe type (150mm) | 32,000 VND/pack (5 tubes) |
5 | Sparkler | 13,000 VND/10 sparklers |
6 | Rotating Petals | 55,000 VND/set |
7 | Silver waterfall (2m) | 450,000 VND/string |
8 | Flower spray rigs with 25 tubes | 330.000 VND/rig |
9 | Flower spray rigs with 36 tubes | 438.000 VND/rig |
10 | Pellet spray rigs with 36 tubes | 398.000 VND/rig |
11 | Special pellet spray rigs with 25 tubes | 330.000 VND/rig |
12 | Pellet spray rigs with 25 tubes | – Production before December 31, 2022: 216.000 VND/rig – Production from January 1, 2023: 250.000 VND/rig |
13 | Flashing rigs with 25 tubes | – Production before December 31, 2022: 231.000 VND/rig – Production from January 1, 2023: 264.000 VND/rig |
14 | Flashing rigs with 36 tubes | 438.000 VND/rig |
Thus, during the Lunar New Year 2024, people are allowed to buy and use some specific types of fireworks manufactured by Z121 Factory under the Ministry of Defense, including water fountains, fire flower trees, rotating petals, silver waterfalls, pellet spray rigs, strobe rigs...
At the same time, these types of fireworks do not cause explosions but only create light effects, and beautiful colors, suitable for entertainment purposes. The purchase and use of fireworks must comply with age regulations, identification, and safe use.
What is the time for the fireworks display on the 2024 Lunar New Year in Vietnam?
Under the provisions of Article 11 of Decree 137/2020/ND-CP stipulating the cases in which fireworks are allowed as follows:
Cases in which fireworks are allowed
1. Lunar New Year
a) 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: Lunar New Year’s Eve.
2. Hung Kings Commemoration Day
a) Phu Tho Province may fire short-range fireworks for no longer than 15 minutes at Hung’s King Temple;
b) Time: 9 p.m. of March 9 of lunar calendar.
3. Independence Day
a) 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 September 2.
4. Dien Bien Phu Victory Anniversary
a) Dien Bien Phu Province may fire short-range fireworks for no longer than 15 minutes at Dien Bien Phu City;
b) Time: 9 p.m. of May 7.
5. Liberation Day (April 30 of calendar year)
a) Hanoi City and Ho Chi Min City may fire high-range and short-range fireworks for no longer than 15 minutes;
b) Time: 9 p.m. of April 30.
6. Anniversary for liberation or establishment of provinces and central-affiliated cities.
a) 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.
7. National or international cultural, tourism and sports events.
8. Other cases shall be decided by the Prime Minister.
Thus, according to the above-mentioned regulations, Lunar New Year 2024 belongs to one of the cases in which fireworks are allowed.
The time for the fireworks display is Lunar New Year's Eve 2024.
Where:
- 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.
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