What are the instructions on the legal use of fireworks during the 2024 Lunar New Year? What are the current prices of Z121 fireworks from the Vietnam Ministry of Defense?
What are the instructions on the legal use of fireworks during the 2024 Lunar New Year in Vietnam?
Currently, there are cases in which fireworks are allowed, including Lunar New Year, Hung Kings Commemoration Day, and National Day… (under Article 11 of Decree 137/2020/ND-CP).
Besides, under Article 17 of Decree 137/2020/ND-CP on cases in which people are allowed to use 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.
However, first of all, people should distinguish between consumer fireworks and explosive fireworks to avoid confusion leading to breaking the law.
According to the provisions of Clause 1, Article 3 of Decree 137/2020/ND-CP, regulations on consumer 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 are 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;
Article 3, Decree 137/2020/ND-CP explains the two concepts of consumer fireworks and explosive fireworks as follows:
* Explosive fireworks emit a whistling, explosive sound and color effect shall be referred to as
- 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 are more than 90 mm in diameter or travel more than 120 m.
* 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 biggest difference between consumer fireworks and explosive fireworks is that consumer fireworks do not emit a whistling, explosive sound.
Accordingly, people with full civil act capacity may buy and use consumer fireworks through organizations and enterprises licensed to manufacture and trade fireworks.
Thus, on the occasion of the Lunar New Year 2024, people are allowed to use consumer fireworks as prescribed at Point b, Clause 1, Article 3 of Decree 137/2020/ND-CP and such consumer fireworks are purchased at 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.
What are the administrative penalties imposed on individuals illegally using explosive fireworks 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
...
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.
...
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;
…
Thus, under the above regulations, individuals illegally using explosive 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.
What are the current prices of Z121 fireworks from the Vietnam Ministry of Defense?
The 21 Chemical Single Member Limited Liability Company announces the new Fireworks Price List applicable from August 1, 2023 as follows:
Accordingly, Z121 fireworks is a common name used to refer to pyrotechnic products manufactured by the 21 Chemical Single Member Limited Liability Company under the General Administration of Defense Industry.
The above contents are information about the prices of Z121 fireworks.
LawNet