Does the Vietnamese law setting off fireworks?
Recently, there has been a new decree allowing the setting off consumer fireworks during holidays, weddings... However, there is an opinion that only consumer fireworks can be set off but not fireworks. Can you clarify this issue?
Is there a law prohibiting the use of fireworks in Vietnam?
According to Article 17 of Decree 137/2020/ND-CP, starting from January 11, 2021, 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.
Therefore, starting from January 11, 2021, individuals are allowed to use fireworks in the following cases: National holidays, Tet holiday, marriage, conventions, grand openings, anniversaries,... and fireworks must be purchased from organizations and enterprises eligible for manufacturing and trading consumer fireworks.
According to this Decree:
1. “pyrotechnic” 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). Pyrotechnics consist of: Firecrackers and consumer fireworks.
a) 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;
Short-range fireworks are firecrackers that have no more than 90 mm in diameter or do not travel more than 120 m. High-range fireworks are firecrackers that have more than 90 mm in diameter or travel more than 120 m;
b) Consumer fireworks are products manufactured manually or industrially which, upon mechanical, chemical, thermal or electrical impact, will emit sound, light or colorful effects without emitting explosion sound effect;
In addition, some prohibited actions in the management and use of fireworks are:
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.
2. Conducting research, creating, manufacturing, trading, importing, exporting, storing, transporting or using consumer fireworks or pyrotechnic compositions illegally.
...
Therefore, based on the above regulations, it is clear that individuals are only allowed to use consumer fireworks (which are products manufactured manually or industrially which, upon mechanical, chemical, thermal or electrical impact, will emit sound, light or colorful effects without emitting explosion sound effect). Fireworks are prohibited for individuals to use.
Therefore, people are only allowed to use consumer fireworks (that fully meet the conditions specified in Article 17 of Decree 137/2020/ND-CP) but are not allowed to use fireworks.
Does the Vietnamese law setting off fireworks? (Image from the Internet)
Prohibited acts in the management and use of fireworks in Vietnam
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.
2. Conducting research, creating, manufacturing, trading, importing, exporting, storing, transporting or using consumer fireworks or pyrotechnic compositions illegally.
3. 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.
4. Abusing or exploiting pyrotechnics to violate national security, social order, safety, life, health, property, legal rights and benefits of agencies, organizations and individuals.
5. 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.
6. Appropriating, trading, exchanging, gifting, giving, borrowing, lending, hiring, leasing, mortgaging, fabricating, falsifying or modifying pyrotechnic-related certificates.
7. Assigning fireworks or pyrotechnic compositions to ineligible agencies, organizations or individuals as per the law.
8. Guiding, training, or organizing training on production, manufacturing or using pyrotechnics illegally in any shape or form.
9. 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.
Best Regards!
