What are judgments on the crime of storing prohibited goods (fireworks) in Vietnam?

In Vietnam, what are penalties for the illegal storage of fireworks in Vietnam?

In Vietnam, individuals engaging in the illegal storage of explosive fireworks may be subject to administrative penalties or, more severely, criminal prosecution. To be specific:

(1) Administrative Penalties

According to Article 5 of Decree 137/2020/ND-CP, research, manufacturing, trading, importing and exporting, storing, transporting, using, or appropriating explosive fireworks are regulated, except for organizations or enterprises under the Ministry of National Defense that are assigned tasks by the Prime Minister to research, manufacture, import, export, supply, transport, and use explosive fireworks.

Based on Clause 4, Article 11 of Decree 144/2021/ND-CP, the acts of illegal trade and transportation of fireworks are specified as follows:

Violation of regulations on the management and use of weapons, explosives, explosive precursors, support tools, fireworks, and banned dangerous toys

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4. A fine ranging from 10,000,000 VND to 20,000,000 VND for any of the following acts:

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e) Illegal transportation or storage of fireworks, explosive substances, or materials and accessories for producing fireworks;

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7. Additional penalties:

a) Confiscation of material evidence and means of administrative violation for acts specified in points d and đ of Clause 1; points a, b, c, e, and g of Clause 2; points a, c, d, đ, e, h, i and k of Clause 3; points a, b, c, d, đ, e, h and i of Clause 4 and Clause 5 of this Article;

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8. Measures to remedy consequences:

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b) Compulsory return of illicit gains obtained as a result of committing administrative violations specified in points b and c of Clause 2; points a, b, c, d, đ, e, and k of Clause 3; points a, c, d, e, and i of Clause 4 and point a of Clause 5 of this Article;

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If the act of illegal storage of explosive fireworks does not reach the level of criminal prosecution, the violator will be subject to an administrative fine ranging from 10 million VND to 20 million VND, along with confiscation of the material evidence, means of administrative violation, and forced return of illicit gains obtained from committing such violations.

For organizations engaging in illegal storage of explosive fireworks, an administrative fine ranging from 20 million VND to 40 million VND will be imposed (Clause 2, Article 4 of Decree 144/2021/ND-CP).

(2) Criminal Prosecution

In cases where the elements of a crime are constituted, acts of illegal storage of explosive fireworks may be criminally prosecuted for the offense of storing prohibited goods, as regulated in Article 191 of Vietnam's Criminal Code 2015, amended in 2017 as follows:

Offense of storing, transporting prohibited goods

1. Any individual who stores or transports prohibited goods under any of the following circumstances, if not subject to the provisions of Articles 232, 234, 239, 244, 246, 249, 250, 253, 254, 304, 305, 306, 309 and 311 of this Code, shall be fined from 50,000,000 VND to 300,000,000 VND or sentenced to imprisonment from 06 months to 03 years:

a) Plant protection drugs that the state bans from trading, circulation, or use from 50 kilograms to less than 100 kilograms or from 50 liters to less than 100 liters;

b) Smuggled cigarettes from 1,500 packs to less than 3,000 packs;

c) Explosive fireworks from 06 kilograms to less than 40 kilograms;

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Thus, aside from administrative penalties, the act of illegally storing explosive fireworks may lead to criminal prosecution if the storage or transportation amounts to 6kg or more. To be specific, violators will be fined from 50 million VND to 300 million VND or imprisoned for a minimum of 06 months and up to a maximum of 10 years.

What are judgments on the crime of storing prohibited goods (fireworks) in Vietnam?

Below is a collection of judgments on the offense of storing prohibited goods, specifically explosive fireworks, adjudicated by courts in Vietnam:

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