03 notable contents on management and use of firecrackers and consumer fireworks in Vietnam from 2021

1. Supplement several prohibited acts in management and use of pyrotechnics from 2021

According to Article 5 of the Decree No. 137/2020/NĐ-CP of Vietnam’s Government, prohibited acts in management and use of pyrotechnics include:

- 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.

- Conducting research, creating, manufacturing, trading, importing, exporting, storing, transporting or using consumer fireworks or pyrotechnic compositions illegally.

- 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.

- Abusing or exploiting pyrotechnics to violate national security, social order, safety, life, health, property, legal rights and benefits of agencies, organizations and individuals.

- Exchanging, gifting, giving, sending, borrowing, lending, hiring, leasing or mortgaging fireworks or pyrotechnic compositions to illegally manufacture pyrotechnics; transporting, preserving or disposing of pyrotechnics in an unsafe manner or in a manner that affects the environment.

- Appropriating, trading, exchanging, gifting, giving, borrowing, lending, hiring, leasing, mortgaging, fabricating, falsifying or modifying pyrotechnic-related certificates.

- Assigning fireworks or pyrotechnic compositions to ineligible agencies, organizations or individuals as per the law.

- Guiding, training, or organizing training on production, manufacturing or using pyrotechnics illegally in any shape or form.

- 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.

Thus, Decree No. 137/2020/NĐ-CP has supplemented several prohibited acts in management and use of pyrotechnics compared to previous regulations of Decree No. 36/2009/NĐ-CP of Vietnam’s Government. With these prohibited acts, the competent authority shall manage more closely in allowing the use of consumer fireworks at holidays, Tet, birthdays, weddings, conferences, grand openings, anniversaries.

2. People can use consumer fireworks during national holidays, Tet holiday, marriage

According to Article 17 of the Decree No. 137/2020/NĐ-CP of Vietnam’s Government, 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.

Note: 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.

Moreover, agencies, organizations and individuals shall only purchase consumer fireworks at organizations and enterprises affiliated to the 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.

3. Only enterprises affiliated to Ministry of National Defense may trade consumer fireworks

According to Article 14 of the Decree No. 137/2020/NĐ-CP of Vietnam’s Government, pyrotechnic trade must satisfy following conditions:

- 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;

- Storage, means of transportation, equipment and tools serving pyrotechnic trade must be adequate and satisfactory to preservation, transportation and fire prevention conditions;

- 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.

Thus, from January 10, 2021, only enterprises affiliated to the Ministry of National Defense may trade consumer fireworks. Organizations and enterprises trading consumer fireworks 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.

Besides, Decree No. 137/2020/NĐ-CP of Vietnam’s Government also stipulates that only enterprises affiliated to the Ministry of National Defense are permitted to conduct research and manufacture consumer fireworks and consumer firework pyrotechnic composition may import and export consumer fireworks and consumer firework pyrotechnic composition.

Above are 03 notable contents of Decree No. 137/2020/NĐ-CP of Vietnam’s Government on management and use of pyrotechnics, officially effective from January 10, 2021. Hopefully, this information will help Customers and Members to better understand regulations on the management and use of firecrackers and consumer fireworks.

Ty Na

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