Who is allowed to use firecrackers and consumer fireworks in Vietnam? What are the types of firecrackers and consumer fireworks allowed to be used during Tet and holidays?

Who is allowed to use firecrackers and consumer fireworks in Vietnam? What are the types of firecrackers and consumer fireworks allowed to be used during Tet and holidays? Mr. Cuong (Hanoi, Vietnam)

What are pyrotechnic, consumer fireworks and firecrackers in Vietnam?

Pursuant to Article 3 of Decree 137/2020/ND-CP on management and use of pyrotechnics stipulates: Pyrotechnics consist of: Firecrackers and consumer fireworks.

- “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.

- 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;

- 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;

What are the prohibited acts in the management and use of pyrotechnics in Vietnam?

Pursuant to Article 5 of Decree 137/2020/ND-CP stipulating prohibited acts in the management and use of pyrotechnic include:

- 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.

Thus, according to the law, there are 09 prohibited acts in the management and use of pyrotechnics mentioned above.

Who is allowed to use firecrackers and consumer fireworks in Vietnam? What are the types of firecrackers and consumer fireworks allowed to be used during Tet and holidays? (Image from the internet)

What are the cases in which fireworks are allowed in Vietnam?

- Cases in which fireworks are allowed specified in Article 11 of Decree 137/2020/ND-CP on management and use of pyrotechnic, specifically:

+ Lunar New Year

+ Hung Kings Commemoration Day

+ Independence Day

+ Dien Bien Phu Victory Anniversary

+ Liberation Day (April 30 of calendar year)

+ Anniversary for liberation or establishment of provinces and central-affiliated cities.

+ National or international cultural, tourism and sports events.

+ Other cases shall be decided by the Prime Minister.

- The use of consumer fireworks are specified in Article 17 of Decree 137/2020/ND-CP as follows:

+ 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.

+ Agencies, organizations and individuals shall only purchase consumer fireworks at organizations and enterprises eligible for manufacturing and trading consumer fireworks.

- At the same time, agencies and organizations that use explosive fireworks for performances and competitions must be permitted by the Prime Minister and provided by organizations and enterprises under the Ministry of National Defense assigned to produce and supply them.

What are the types of firecrackers and consumer fireworks allowed to be used during Tet and holidays?

Pursuant to Clause 1, Article 17 of Decree 137/2020/ND-CP on management and use of firecrackers stipulates: 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.

- At the same time, at Point b, Clause 1, Article 3 of Decree 137/2020/ND-CP stating that fireworks permitted for use on personal occasions are fireworks specified as follows:

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, on holidays and New Year, people are allowed to use consumer fireworks, but it is a type of consumer fireworks which 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;

LawNet

The latest legal advice
Related topics
MOST READ
{{i.ImageTitle_Alt}}
{{i.Title}}