Decree No. 137/2020/NĐ-CP: Specific regulation on disposal of pyrotechnics and pyrotechnic compositions in Vietnam

Recently, the Government of Vietnam has issued the Decree No. 137/2020/NĐ-CP on management and use of pyrotechnics. One of the notable contents of this Decree is the specific regulation on disposal of pyrotechnics and pyrotechnic compositions.

quy trình tiêu huỷ pháo, thuốc pháo, Nghị định 137/2020/NĐ-CP

Specifically, according to Article 7 of the Decree No. 137/2020/NĐ-CP of Vietnam’s Government, disposal of pyrotechnics and pyrotechnic compositions are as follows:

1. Requirements for disposal of pyrotechnics and pyrotechnic compositions

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.

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. 

Note: Location of disposal must be isolated, situated away from residential areas and public structures, and be able to minimize impact on the environment.

2. Disposal methods

Based on types and characteristics, disposal methods are as follows:

- 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;

- 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;

- For pyrotechnic compositions, perform as instructed for pyrotechnics and casings.

3. Procedures for disposal

Step 1: Competent agencies shall issue disposal decisions.

Step 2: Military commands of districts or police authorities of districts or higher must form councils for disposal and develop disposal methods. This is a mandatory step.

- Compositions of councils for disposal shall include: 

+ Representative of disposal agencies acting Chairpersons;

+ Representatives of specialized technical agencies;

+ 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.

Step 3: Conduct disposal

Step 4: Examine the disposal locations

After disposing, examine the disposal locations to ensure that all disposed pyrotechnics cannot regain their functions and/or uses.

Step 5: Make a record of disposal results

Disposal results must be kept records and bear confirmation of Chairpersons and council members.

Note: 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 the Ministry of National Defense. After disposing, report to supervisory military commands and police authorities.

Thus, methods and procedures for disposal of pyrotechnics and pyrotechnic compositions for the first time are detailed in Decree No. 137/2020/NĐ-CP in order to ensure the safety of the people and protect the environment.

Decree No. 137/2020/NĐ-CP of Vietnam’s Government will take effect from January 11, 2021, according to which people are officially allowed to use consumer fireworks in Lunar New Year 2021 in Vietnam.

Thuy Tram

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