What are the regulations on the use of consumer fireworks in Vietnam during the Lunar New Year? What are the prohibited acts in the use of consumer fireworks?
- What are the regulations on the use of consumer fireworks in Vietnam during the Lunar New Year?
- What are the prohibited acts in the use of consumer fireworks in Vietnam during the Lunar New Year?
- What are the administrative penalties for illegally using consumer fireworks in Vietnam during the Lunar New Year?
What are the regulations on the use of consumer fireworks in Vietnam during the Lunar New Year?
Pursuant to Clause 1, Article 17 of Decree 137/2020/ND-CP stipulates 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.
Accordingly, individuals having full legal capacity may use consumer fireworks during: National holidays, Tet holiday, marriage, conventions, grand openings, anniversaries, cultural and art activities..
Fireworks that people are allowed to use are specified at Point b, Clause 1, Article 3 of Decree 137/2020/ND-CP, as follows:
Term interpretation
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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;
According to the above regulations, on the occasion of the Tet Holiday, people are allowed to buy and burn fireworks that emit sound, light or colorful effects without emitting explosion sound effects - collectively referred to as consumer fireworks.
At the same time, based on Clause 2, Article 17 of Decree 137/2020/ND-CP stipulates as follows:
Use of consumer fireworks
...
2. Agencies, organizations and individuals shall only purchase consumer fireworks at organizations and enterprises eligible for manufacturing and trading consumer fireworks.
Accordingly, agencies, organizations and individuals shall only purchase consumer fireworks at organizations and enterprises eligible for manufacturing and trading consumer fireworks.
Currently, Chemical Co., Ltd. 21 (also known as Factory Z121) is the only unit authorized by the Ministry of Defense to manufacture and distribute pyrotechnic products. Thus, if people want to buy fireworks for celebrating Tet Holiday, they can purchase at the fireworks stores of Factory Z121 across the country.
As such, people should note the following in order to make firecrackers legal:
- Use consumer fireworks during: National holidays, Tet holiday, marriage, conventions, grand openings, anniversaries, cultural and art activities;
- Only allowed to buy and burn fireworks that emit sound, light or colorful effects without emitting explosion sound effect;
- Purchase fireworks at Chemical Co., Ltd. 21 (also known as Factory Z121) which is the only unit authorized by the Ministry of Defense to manufacture and distribute fireworks products.
Address to buy legal fireworks in Ho Chi Minh City:
Fireworks shop #1:
Address: No. 1048, provincial road 15, Trung An commune, Cu Chi district
Phone: 0903014474 - 0912418068.
Fireworks Store #3:
Address: C13/D51, hamlet 5A, Nguyen Van Linh, Binh Hung commune, Binh Chanh district
Phone: 0938196778 - 0923383838.
What are the regulations on the use of consumer fireworks in Vietnam during the Lunar New Year? (Image from the Internet)
What are the prohibited acts in the use of consumer fireworks in Vietnam during the Lunar New Year?
Pursuant to Article 5 of Decree 137/2020/ND-CP stipulating the prohibited acts in the use of fireworks are as follows:
- Conducting research, making, manufacturing, trading, importing, exporting, storing, transporting, using or appropriating fireworks; except for organizations and enterprises affiliated to Ministry of National Defense assigned by the Prime Minister to conduct research, manufacture, import, export, provide, transport and/or use fireworks according to this Decree.
- Conducting research, creating, manufacturing, trading, importing, exporting, storing, transporting or using consumer fireworks or pyrotechnic compositions illegally.
- Carrying pyrotechnics or pyrotechnic compositions into or out of territory of Socialist Republic of Vietnam or into restricted areas, restricted zones, protected areas and protected targets.
- Abusing or exploiting pyrotechnics to violate national security, social order, safety, life, health, property, legal rights and benefits of agencies, organizations and individuals.
- Exchanging, gifting, giving, sending, borrowing, lending, hiring, leasing or mortgaging fireworks or pyrotechnic compositions to illegally manufacture pyrotechnics; transporting, preserving or disposing pyrotechnics in an unsafe manner or in a manner that affects the environment.
- Appropriating, trading, exchanging, gifting, giving, borrowing, lending, hiring, leasing, mortgaging, fabricating, falsifying or modifying pyrotechnic-related certificates.
- Assigning fireworks or pyrotechnic compositions to ineligible agencies, organizations or individuals as per the law.
- Guiding, training, or organizing training on production, manufacturing or using pyrotechnics illegally in any shape or form.
- Intentionally providing false information on managing and preserving pyrotechnics or pyrotechnic compositions; failing to promptly report, concealing or falsifying information on losses, incidents or accidents related to pyrotechnics and pyrotechnic compositions.
What are the administrative penalties for illegally using consumer fireworks in Vietnam during the Lunar New Year?
Pursuant to Clause 3, 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.
Accordingly, if people illegally light fireworks, they can be administratively fined from 5,000,000 to 10,000,000 VND.
At the same time, additional sanctions must be applied: Confiscation of material evidence and means of administrative violations and remedial measures forcible return of illegal profits obtained from performing administrative violations.
Note: The above is the penalty for individuals, for organizations, the penalty is doubled.
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