Engaging in the Trade of Explosive Fireworks is Penalized for the Offense of Trading Prohibited Goods?

According to Section III of Joint Circular 06/2008/BCA-VKSNDTC-TANDTC:

- Anyone who illegally trades explosive fireworks across the border shall be subject to criminal prosecution for the crime of "smuggling" as stipulated in Article 153 of the Penal Code;

- Anyone who engages in the illegal purchase, storage, or transportation of explosive fireworks with the intent to sell domestically shall be subject to criminal prosecution for the crime of "trading in prohibited goods" as stipulated in Article 155 of the Penal Code.

In the case that you trade 15 Kg of explosive fireworks across the border, you will not be prosecuted for the crime of trading in prohibited goods but may be prosecuted for the crime of smuggling according to Article 188 of the 2015 Criminal Code, amended in 2017.

Note: Unlike the crime of trading in prohibited goods, the crime of smuggling prescribes penalties based on the value of the seized evidence. Therefore, the number of years of imprisonment for illegally trading 15 Kg of explosive fireworks across the border will depend on the valuation of the contraband fireworks.

Sincerely!