Is it permissible to sell fireworks manufactured by the Ministry of National Defense of Vietnam? Which agency has the authority to permit setting off explosive fireworks in Vietnam?
Is it permissible to sell fireworks manufactured by the Ministry of National Defense of Vietnam?
Pursuant to Clause 2, Article 14 of Decree 137/2020/ND-CP stipulating conditions for research, production, trade, export, and import of fireworks and pyrotechnics:
Article 14. Conditions for research, production, trade, export, and import of fireworks and pyrotechnics
[...]
- The trading of fireworks must meet the following conditions:
a) Only organizations and enterprises affiliated with the Ministry of National Defense are permitted to trade in fireworks and must obtain a certificate of eligibility for security and order from a competent police authority; ensuring conditions for fire prevention and fighting, incident prevention and response, and environmental protection;
b) Warehouses, transportation vehicles, equipment, and tools for trading fireworks must be appropriate, ensuring conditions for storage, transportation, fire prevention, and fighting;
c) Managers and staff involved in the trading of fireworks must receive safety technical training;
d) Only trade in fireworks that meet standards and technical regulations as prescribed.
[...]
According to the above regulation, only organizations and enterprises belonging to the Ministry of National Defense are permitted to trade in fireworks of the Ministry of National Defense and must meet the stipulated conditions.
Thus, entities that are not organizations or enterprises of the Ministry of National Defense are not allowed to sell fireworks from the Ministry of National Defense.
Is it permissible to sell fireworks manufactured by the Ministry of National Defense of Vietnam? Which agency has the authority to permit setting off explosive fireworks in Vietnam? (Image from the Internet)
Which agency has the authority to permit setting off explosive fireworks in Vietnam?
Pursuant to Article 12 of Decree 137/2020/ND-CP (amended by Clause 3, Article 3 of Decree 56/2023/ND-CP) on the authority and procedures for permitting the explosion of fireworks:
Article 12. Authority and procedures for permitting the explosion of fireworks
- The events of firework explosions specified in Clauses 1, 2, 3, 4, 5, and 6 of Article 11 of this Decree are decided by the People's Committees of the provinces and central-affiliated cities based on the actual situation in the locality and cooperate with the Ministry of Culture, Sports and Tourism to organize in accordance with regulations.
- Cases of firework explosions specified in Clauses 7 and 8 of Article 11 of this Decree and changes in the firing range and duration of firework explosions are decided by the Minister of Culture, Sports and Tourism after obtaining a written agreement with the Ministry of Public Security and the Ministry of National Defense.
- Provinces and central-affiliated cities that wish to organize firework explosions as specified in Clauses 7 and 8 of Article 11 of this Decree or wish to change the firing range or duration must submit a written request to the Ministry of Culture, Sports and Tourism at least 30 days before the planned date of the firework explosions. The document must clearly state the quantity, firing range, number of firing points, time, duration, and location of the planned firework explosions.
Within 05 working days from receipt of the request, the Ministry of Public Security, the Ministry of National Defense shall reply in writing to the Ministry of Culture, Sports and Tourism for summarization and decision.
Thus, the authority for permitting the explosion of fireworks is regulated as follows:
- The People's Committees of the provinces and central-affiliated cities decide based on the actual situation in the locality and cooperate with the Ministry of Culture, Sports and Tourism to organize fireworks on the following occasions:
+ Tet Nguyen Dan (Lunar New Year)
+ Hung Kings' Commemoration Day
+ National Day
+ Dien Bien Phu Victory Day
+ Victory Day (April 30)
+ Anniversaries, establishment days of the provinces and central-affiliated cities
- The Minister of Culture, Sports and Tourism decides after obtaining a written agreement with the Ministry of Public Security and the Ministry of National Defense to organize fireworks on the following occasions:
+ National or international cultural, tourism, sports events.
+ Other cases decided by the Prime Minister of the Government of Vietnam.
In which cases are fireworks used in Vietnam?
Pursuant to Article 17 of Decree 137/2020/ND-CP regulating the use of fireworks:
Article 17. Use of fireworks
- Agencies, organizations, and individuals with full civil capacity are allowed to use fireworks in the following cases: Festivals, Tet, birthday parties, weddings, conferences, openings, commemorations, and in cultural and artistic activities.
- Agencies, organizations, and individuals using fireworks may only purchase fireworks from organizations and enterprises authorized to produce and trade in fireworks.
According to the above regulation, agencies, organizations, and individuals with full civil capacity are allowed to use fireworks in the following situations:
- Festivals, Tet.
- Birthdays.
- Weddings.
- Conferences, openings.
- Anniversaries and in cultural and artistic activities.
