13/01/2023 17:21

To distinguish "fireworks" and "firecrackers" to avoid being fined during Tet in Vietnam

To distinguish "fireworks" and "firecrackers" to avoid being fined during Tet in Vietnam

Every Lunar New Year, people's demand for firecrackers is especially high. So, how to distinguish "fireworks" and "firecrackers" to avoid being fined? “Ha Anh-Quang Ngai, Vietnam”

Hello, Lawnet would like to answer as follows:

1. What is firework?

According to the definition in Decree 137/2020/ND-CP, firework 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)

Thus, fireworks are understood as products containing pyrotechnics that, when used to "burn," only emit sound, light, and color effects in space and especially do not cause an explosion.

Some fireworks products do not have explosives, such as sticks and candles, which, when lit, emit colorful light rays.

2. What is a firecracker?

According to Point a, Clause 1, Article 3 of Decree 137, "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"

Thus, firecrackers here include both firecrackers and consumer fireworks.

In particular, firecrackers are devices that contain pyrotechnic and cause an explosion when used (firecrackers, firework, etc.). Consumer fireworks are pyrotechnics containing explosives and pyrotechnics, which when used cause hissing, explosions, and color effects.

3. Which pyrotechnics are eligible to be used?

According to Article 17 of Decree 137/2020/ND-CP, regulations on the use of fireworks are 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.

Thus, people are allowed to use consumer fireworks but only in the following cases: Ceremony, New Year, birthday, wedding, conference, grand opening, anniversaries and in cultural and artistic activities

4. Penalties for illegal production, trading and use of firecrackers

According to Article 5 of Decree 137/2020/ND-CP, prohibited acts 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.

According to the provisions of Joint Circular 06/2008/TTLT-BCA-VKSNDTC-TANDTC guiding the examination of penal liability for acts of illegally producing, trading, transporting, storing, and using firecrackers and explosives; the act of setting off firecrackers may be prosecuted for penal liability, and depending on the nature, severity, and behavior of the offense, the offenders will be handled according to the law. If it is the act of "using firecrackers" in public places, they will be examined for penal liability for the crime of disturbing public order specified in Article 318 of the Criminal Code 2015, the maximum penalty is up to 07 years in prison. If "manufacturing and trading" firecrackers, they will be handled for the crime of producing and trading in banned goods specified in Article 190 of the Criminal Code 2015; penalty of up to 15 years in prison if they produce or trade 120 kilograms or more of firecrackers.

In case of buying and use fireworks from organizations, businesses, or individuals that are not allowed to do business, they will be administratively handled according to the provisions of Article 11 of Decree 144/2021/ND-CP.

Best regards!

Nhu Y

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