What are the differences between firecrackers and consumer fireworks in Vietnam? Is it legal to use fireworks during the Tet holiday in 2024?
What are the differences between firecrackers and consumer fireworks in Vietnam? What kind of fireworks can be used during the Tet holiday in 2024?
According to the provisions of Clause 1, Article 3 of Decree 137/2020/ND-CP, regulations on fireworks are as follows:
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;
b) 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;
Thus, Clause 1, Article 3 of Decree 137/2020/ND-CP explains the two concepts of firecrackers and consumer fireworks as follows:
- 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;
Firecrackers shall only be used during public holiday (Tet holiday, Hung Kings Commemoration Day, National Day,...) and there must be a license (according to Article 11 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.
Thus, the consumer fireworks are different from firecrackers. The type of consumer fireworks allowed to used shall not emmit explosion sound effect. The biggest difference between consumer fireworks and firecrackers is explosion sound effect.
In addition, Article 17 of Decree 137/2020/ND-CP stipulates the use of consumer fireworks including:
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.
Accordingly, on the occasion of Tet holiday 2024, individuals are allowed to use fireworks as prescribed in Point b, Clause 1, Article 3 of Decree 137/2020/ND-CP and those fireworks shall only purchase consumer fireworks at organizations and enterprises eligible for manufacturing and trading consumer fireworks.
What are the differences between firecrackers and consumer fireworks in Vietnam? Is it legal to use fireworks during the Tet holiday in 2024? (Image from the Internet)
What are the administrative penalties for Illegal use of fireworks in Vietnam?
At 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:
Violations against regulations on 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, according to the above regulations, people who illegally use fireworks shall be imposed a fine ranging from 5,000,000 VND to 10,000,000 VND in addition to confiscation of evidence and means of administrative violations.
What day is Tet holiday in Vietnam in 2024 on?
This year, Tet holiday 2024 will fall on the following dates:
December 29 of the lunar calendar: on Thursday, February 8, 2024
December 30 of the lunar calendar: on Friday, February 9, 2024
The 1st day of Tet: on Saturday, February 10, 2024
The 2nd day of Tet: on Sunday, February 11, 2024
The 3rd day of Tet: on Monday, February 12, 2024
The 4th day of Tet: on Tuesday, February 13, 2024
The 5th day of Tet: on Wednesday, February 14, 2024
Specifically, according to the perpetual calendar, the December 29 of Tet 2024 will fall on Friday, February 9, 2024 of the solar calendar and the first day of Tet 2024 is February 10 of the solar calendar, falling on Saturday.
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