What are regulations on disposal of pyrotechnics and pyrotechnic compositions in Vietnam?

1. What are regulations on disposal of pyrotechnics and pyrotechnic compositions in Vietnam? 

In Article 7 of Decree 137/2020/ND-CP, disposal of pyrotechnics and pyrotechnic compositions is regulated as follows:

1. Disposal of pyrotechnics and pyrotechnic compositions must ensure safety, completely nullify function or use, render the pyrotechnics and pyrotechnic compositions irreversible to their original states and comply with procedures approved by competent authorities.

2. Heads of military agencies of districts or police authorities of districts shall approve measures consisting of: Time, location, methods of disposal, compositions of disposal councils, measures for preventing, responding to incidents that occur during disposal process and minimizing impact on the environment. Disposal of location must be isolated, situated away from residential areas and public structures, and be able to minimize impact on the environment.

3. Disposal methods:

a) For pyrotechnics and casings which are made of non water-resistant materials, remove packaging and wrapping and submerge in water until the casings and contents are completely separate. Extract all materials that do not dissolve in water, dry and dispose by burning or burying; the remaining liquid containing chemicals must be buried in locations approved by heads of military commands of districts or police authorities of districts or higher;

b) For pyrotechnics and casings which are made of water-resistant materials, separate the casings and pyrotechnic compositions. Dispose the casings by burning or burying; dispose pyrotechnic compositions by submerging in water until the pyrotechnic compositions has been impregnated with water to an extent that it can no longer explode, drying the residues and drying or burning at locations approved by heads of military commands of districts or police authorities of districts or higher;

c) For pyrotechnic compositions, perform as instructed under Point b of this Clause.

4. Procedures for disposal

a) After receiving disposal decisions of competent agencies, military commands of districts or police authorities of districts or higher must form councils for disposal and develop disposal methods. Compositions of councils for disposal shall include: Representative of disposal agencies acting Chairpersons; representatives of specialized technical agencies and agencies for state management in environment sector of districts and People’s Committees of communes where the disposal locations situate acting council members. Disposal methods must ensure absolute safety and minimal impact on the environment;

b) After disposing, examine the disposal locations to ensure that all disposed pyrotechnics cannot regain their functions and/or uses. Disposal results must be kept records and bear confirmation of Chairpersons and council members.

5. In case pyrotechnics or pyrotechnic compositions remain, are damaged or expired as a result of manufacturing process, heads of organizations or enterprises shall dispose pyrotechnics and pyrotechnic compositions according to procedures approved by competent agencies affiliated to Ministry of National Defense. After disposing, report to supervisory military commands and police authorities.

2. What are regulations on judicial expertise regarding pyrotechnics and pyrotechnic compositions in Vietnam?

According to Article 8 of Decree 137/2020/ND-CP stipulating judicial expertise regarding pyrotechnics and pyrotechnic compositions as follows:

1. Competent agencies capable of performing judicial expertise regarding pyrotechnics and pyrotechnic compositions include:

a) Institute of Criminal Science affiliated to Ministry of Public Security;

b) Department of Criminal Techniques affiliated to provincial police authorities;

Department of Criminal Technical Assessment affiliated to Ministry of National Defense.

2. Procedures for assessing pyrotechnics and pyrotechnic compositions shall conform to Law on Judicial Expertise and the Criminal Code.

Best Regards!