How much is fine for people who buy fireworks produced by the Ministry of National Defense for business purposes in Vietnam?
Please ask: How much is fine for people who buy fireworks produced by the Ministry of National Defense for business purposes in Vietnam? Please advise. Thankyou.
Under what circumstances is it legal for individuals to use fireworks in Vietnam?
Pursuant to Article 17 of Decree 137/2020/ND-CP regulating use of consumer fireworks:
Use of consumer fireworks
1. 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.
2. Agencies, organizations and individuals shall only purchase consumer fireworks at organizations and enterprises eligible for manufacturing and trading consumer fireworks.
According to the above regulations in Vietnam, individuals can legally use fireworks when they meet the following conditions:
(1) Individuals using fireworks have full legal capacity
(2) Individuals use fireworks in the following cases:
- National holidays, Tet holiday;
- Birthday;
- Wedding;
- Conference;
- Grand opening;
- Anniversary;
- Cultural and art activities.
(3) Individuals may only buy fireworks at organizations and enterprises of the Ministry of National Defense that are licensed to produce them or organizations and enterprises that are eligible for manufacturing and trading consumer fireworks.
How much is fine for people who buy fireworks produced by the Ministry of National Defense for business purposes in Vietnam? (Image from the Internet)
Can people buy fireworks produced by the Ministry of Defense for business purposes in Vietnam?
Pursuant to Clause 1, Article 5 of Decree 137/2020/ND-CP stipulating prohibited acts:
Prohibited acts
1. 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.
...
Pursuant to Clause 2, Article 14 of Decree 137/2020/ND-CP regulating eligibility for research, manufacturing, trade, import and export of consumer fireworks and consumer firework pyrotechnic composition:
Eligibility for research, manufacturing, trade, import and export of consumer fireworks and consumer firework pyrotechnic composition
...
2. Pyrotechnic trade must satisfy following conditions:
a) Only organizations and enterprises affiliated to Ministry of National Defense may trade consumer fireworks and must receive certificates of eligibility for security and order by competent police authorities; must satisfy fire prevention, accident prevention and response and environmental protection requirements;
b) Storage, means of transportation, equipment and tools serving pyrotechnic trade must be adequate and satisfactory to preservation, transportation and fire prevention conditions;
c) Managers and attendants related to pyrotechnic trade must receive thorough technical safety training;
d) Only trade consumer fireworks that are conforming to technical standards and technical regulations as per the law.
...
According to the above regulations in Vietnam, it is strictly prohibited to buy and sell firecrackers except for organizations and enterprises under the Ministry of National Defense assigned by the Prime Minister.
Thus, people are not allowed to buy fireworks produced by the Ministry of Defense for business. Purchasing fireworks produced by the Ministry of National Defense can only be done by organizations and businesses under the Ministry of National Defense and must ensure the prescribed conditions.
Specifically, to be granted a license to buy fireworks, organizations and businesses under the Ministry of National Defense need to meet the following conditions:
- Have a certificate of eligibility for security and order;
- Ensure fire prevention, accident prevention and response and environmental protection requirements;
- Have storage, means of transportation, equipment and tools serving pyrotechnic trade, ensuring conditions for storage, transportation, fire prevention and fighting;
- Managers and attendants related to pyrotechnic trade must receive thorough technical safety training;
- Only trade consumer fireworks that are conforming to technical standards and technical regulations as per the law.
How much is fine for people who buy fireworks produced by the Ministry of National Defense for business purposes in Vietnam?
Pursuant to point b, clause 2; Point a Clause 7; Point b, Clause 8, Article 11 of Decree 144/2021/ND-CP stipulating penalties for violations against regulations on management and use of weapons, explosive materials, explosive precursors, combat gears, fireworks, firecrackers, and dangerous banned toys:
Violations against regulations on management and use of weapons, explosive materials, explosive precursors, combat gears, fireworks, firecrackers, and dangerous banned toys
...
2. A fine ranging from 2.000.000 VND to 5.000.000 VND shall be imposed for any of the following violations:
b) Appropriating, exchanging, buying, selling, giving away, borrowing, lending, renting, leasing, pledging licenses, confirmations, certificates, qualifications relevant to weapons, combat gears, fireworks and firecrackers, or receiving them as pledge;
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7. Additional penalties:
a) Confiscation of the exhibits and means of administrative violations for the violations specified in Points d and dd Clause 1, Points a, b, c, e and g Clause 2; Points a, c, d, dd, e, h, i and k Clause 3; Points a, b, c, d, dd, e, h and I Clause 4 and Clause 5 of this Article;
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8. Remedial measures:
b) Mandatory return of the illegal profits earned from commission of the administrative violations specified in Points b and c Clause 2; Points a, b, c, d, dd, e and k Clause 3; Points a, c, d, e and I Clause 4 and Point a Clause 5 of this Article;
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Thus, people who buy fireworks produced by the Ministry of National Defense for business will be fined from 2,000,000 VND to 5,000,000 VND, have evidence and means of administrative violations confiscated and be forced to return the illegal profits obtained by committing administrative violations.
Note: The above fine is the fine applied to individual administrative violations. For organizations that commit the same violation, the fine is 2 times the fine for individuals. (Regulations in Clause 2, Article 4 of Decree 144/2021/ND-CP)
Best regards!
