What kind of fireworks are allowed to use on the occasion of Tet Holiday 2023? Where are the places to buy fireworks in Vietnam?

What kind of fireworks are allowed to use on the occasion of Tet Holiday 2023? Where are the places to buy fireworks in Vietnam? - Question of Mr. Dung (Ba Ria - Vung Tau, Vietnam)

Vietnam: What kind of fireworks are allowed to use on the occasion of Tet Holiday 2023?

Regulations on the use of fireworks are mentioned in Clause 1, Article 17 of Decree 137/2020/ND-CP on management and use of 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.

Point b, Clause 1, Article 3 of Decree 137/2020/ND-CP mentions:

Term interpretation
In this Decree, terms below are construed as follows:
...
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 Tet, people are allowed to buy and use consumer fireworks that emit sound, light or colorful effects without emitting explosion sound effect;

What kind of fireworks are allowed to use on the occasion of Tet Holiday 2023? Where are the places to buy fireworks in Vietnam? (Image from the Internet)

Vietnam: What are the principles of using fireworks during Tet Holiday?

Principles of management and use of fireworks on Tet holiday are shown in Article 4 of Decree 137/2020/ND-CP as follows:

Principles in managing and using pyrotechnics and pyrotechnic compositions
1. Complying with Constitutions and regulations and law of Socialist Republic of Vietnam.
2. Ensuring that management and use of consumer fireworks, fireworks and pyrotechnic compositions is for the right purposes, compliant with regulations and law and environmentally friendly.
3. Ensuring eligibility of individuals managing and using consumer fireworks, fireworks and pyrotechnic compositions as per the law.
4. Reporting to competent authorities if consumer fireworks, fireworks, pyrotechnic compositions or if the license is missing.
5. Disposing consumer fireworks, fireworks and pyrotechnic compositions that are no longer required, expire or cannot be used as per the law.
6. Ensuring adequate procedures, safety and environmental protection when disposing pyrotechnics and pyrotechnic compositions as per the law.

Thus, during the holidays and Tet Holiday, when people want to use fireworks, people need to pay attention to strictly adhere to the 06 principles mentioned above.

Where are the places to buy fireworks in Vietnam?

Pursuant to Clause 2, Article 17 of Decree 137/2020/ND-CP 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, the purchase of consumer fireworks must be carried out at organizations and enterprises eligible for manufacturing and trading consumer fireworks.

Currently, 21 Chemical Company Limited (also known as Z121 Factory) is the only unit authorized by the Ministry of Defense to manufacture and distribute pyrotechnic products. Thus, if Vietnamese citizens want to buy fireworks for Tet Holiday, they can go to the fireworks stores of Factory Z121 across the country.

What are the penalties for the illegal use of fireworks in Vietnam?

Regulations on penalties for illegal use of fireworks at Point i, Clause 3, Article 11 of Decree 144/2021/ND-CP are as follows:

Violations against regulations on 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:
...
i) Illegal use of firecrackers, fireworks or pyrotechnic compositions;

In addition, at Point a, 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
...
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;

At the same time, if the act of using fireworks affects security, order and social safety, they may also be examined for penal liability according to Article 318 of the Criminal Code 2015 as follows:

Disturbance of public order
1. Any person who causes disturbance of public order which negatively impacts social safety, order or security or does it while having incurred an administrative penalty for the same offence or having an unspent conviction for the same offence shall be liable to a fine of from VND 5,000,000 to VND 50,000,000 or face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment.
2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:
a) The offence is committed by an organized group;
b) The offence involves use of weapons or vandalism;
c) The offence results in serious traffic congestion or suspension of public activities;
d) The offender incites other people to cause disturbance;
dd) The offender attacks the person who intervenes to maintain public order;
e) Dangerous recidivism.

Thus, depending on the extent of the act of using illegal fireworks that the person or organization performing will have to bear corresponding responsibility, the maximum level for this violation can be up to 07 years in prison.

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