What are regulations on principles in managing and using pyrotechnics and pyrotechnic compositions in Vietnam?
What are regulations on principles in managing and using pyrotechnics and pyrotechnic compositions in Vietnam? What are prohibited acts in managing and using pyrotechnics and pyrotechnic compositions in Vietnam? What are general regulations on management and preservation of pyrotechnics and pyrotechnic compositions in Vietnam?
Please advise.
1. What are regulations on principles in managing and using pyrotechnics and pyrotechnic compositions in Vietnam?
In Article 4 of Decree 137/2020/ND-CP stipulating principles in managing and using pyrotechnics and pyrotechnic compositions are prescribed as follows:
1. Complying with Constitutions and regulations and law of Socialist Republic of Vietnam.
2. Ensuring that management and use of consumer fireworks, fireworks and pyrotechnic compositions is for the right purposes, compliant with regulations and law and environmentally friendly.
3. Ensuring eligibility of individuals managing and using consumer fireworks, fireworks and pyrotechnic compositions as per the law.
4. Reporting to competent authorities if consumer fireworks, fireworks, pyrotechnic compositions or if the license is missing.
5. Disposing consumer fireworks, fireworks and pyrotechnic compositions that are no longer required, expire or cannot be used as per the law.
6. Ensuring adequate procedures, safety and environmental protection when disposing pyrotechnics and pyrotechnic compositions as per the law.
2. What are prohibited acts in managing and using pyrotechnics and pyrotechnic compositions in Vietnam?
According to Article 5 of Decree 137/2020/ND-CP stipulating prohibited acts in managing and using pyrotechnics and pyrotechnic compositions:
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.
3. What are general regulations on management and preservation of pyrotechnics and pyrotechnic compositions in Vietnam?
Pursuant to Article 6 of Decree 137/2020/ND-CP general regulations on management and preservation of pyrotechnics and pyrotechnic compositions are as follows:
1. Management and preservation of consumer fireworks, fireworks and pyrotechnic compositions must meet following requirements:
a) Ensuring security, order, safety and fire safety requirements as per the law; and
b) Location for storage and preservation of consumer fireworks, fireworks and pyrotechnic compositions must be guaranteed in terms of security, order, safety, fire safety, lightning protection, static control and environmental protection according to national technical regulations, national technical standards and relevant law provisions;
c) Location for storage and preservation of consumer fireworks, fireworks and pyrotechnic compositions must develop regulations on ensuring security, order, safety, fire protection; develop protection measures, assign guard forces and organize guard around the clock; examine, control security, safety, fire safety, fire fighting conditions for individuals and vehicles entering, leaving and working in storage area; install restriction signs and signs for regulations related to safety, fire prevention; post procedures for arranging, preserving, extracting and supplying; emergency response plans; fire prevention, rescue and evacuation measures; security and order measures, plans or measures for preventing and responding to chemical hazards; fully equip fire prevention and firefighting equipment and devices.
2. For pyrotechnics and pyrotechnic compositions collected from cases and agencies, submitting organizations and individuals must stringently manage and preserve the pyrotechnics, pyrotechnic compositions as per the law; storage must conform to Point c Clause 1 of this Article.
3. Processes of handling, transporting and preserving pyrotechnics and pyrotechnic compositions must avoid dramatic impact and sources of heat or electricity; prohibit fire or objects that can produce fire or sparks.
Best Regards!
