09 acts people must not commit when using fireworks during the Lunar New Year 2021 in Vietnam

Specifically, pursuant to Article 5 of the Decree No. 137/2020/NĐ-CP of the Vietnam Government, when using consumer fireworks, people should notice 09 following prohibited acts:

One, conducting research, making, manufacturing, trading, importing, exporting, storing, transporting, using or appropriating fireworks;

Two, conducting research, creating, manufacturing, trading, importing, exporting, storing, transporting or using consumer fireworks or pyrotechnic compositions illegally;

Three, 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;

Four, abusing or exploiting pyrotechnics to violate national security, social order, safety, life, health, property, legal rights and benefits of agencies, organizations and individuals;

Five, exchanging, gifting, giving, sending, borrowing, lending, hiring, leasing or mortgaging fireworks or pyrotechnic compositions to illegally manufacture pyrotechnics;

Six, appropriating, trading, exchanging, gifting, giving, borrowing, lending, hiring, leasing, mortgaging, fabricating, falsifying or modifying pyrotechnic-related certificates;

Seven, assigning fireworks or pyrotechnic compositions to ineligible agencies, organizations or individuals as per the law;

Eight, guiding, training, or organizing training on production, manufacturing or using pyrotechnics illegally in any shape or form.

Nine, 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.

Moreover, Decree No. 137/2020/NĐ-CP officials allows agencies, organizations and individuals having full legal capacity to use consumer fireworks during national holidays, Tet holiday, marriage, conventions, grand openings, anniversaries, cultural and art activities. However, agencies, organizations and individuals shall only purchase consumer fireworks at organizations and enterprises eligible for manufacturing and trading consumer fireworks.

Thus, according to this provision, people can not do 09 prohibited acts mentioned above and shall only purchase consumer fireworks at organizations and enterprises eligible for manufacturing and trading consumer fireworks (enterprise under the Ministry of National Defense of Vietnam) when using. In case of violation, depending on the behavior and the seriousness of the violation, an individual who commits one of the above acts may be administratively handled or examined for criminal liability, namely, to mention a number of fine levels specified in Article 10 of the Decree No. 167/2013/ND-CP and Clause 1 Article 305 of the Criminal Code 2015 of Vietnam as follows:

- A fine of between VND 500,000 and 1,000,000 shall be imposed for circulating types of invalid permit on management and use of types of weapons, explosive materials and supporting tools;

- A fine of between VND 1,000,000 and 2,000,000 shall be imposed for using types of fire cracker without permission;

- A fine of between VND 2,000,000 and 4,000,000 shall be imposed for exchanging, trading, forging, repairing, erasing, borrowing, lending, renting, leasing, pledging, mortgaging and damaging types of permit, certificate and certification on management and use of weapons, explosive materials, supporting tools and fireworks;

- A fine of between VND 5,000,000 and 10,000,000 shall be imposed for producing, storing, trading and illegally transporting firecrackers, firecrackers powder;

- A fine of between VND 20,000,000 and 40,000,000 shall be imposed for Illegally bringing in or out of the territory of Vietnam types of firecrackers;

- Any person who illegally manufactures, possesses, transports, uses, deals in or appropriates explosive materials shall face a penalty of 01 - 05 years' imprisonment.

Ty Na

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