What are the regulations on the dossier on and procedures for issuance of transport permit for fireworks and explosive pyrotechnic composition in Vietnam? - To Nhu (Can Tho, Vietnam)
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Dossier on and procedures for issuance of transport permit for fireworks and explosive pyrotechnic composition in Vietnam (Internet image)
Regarding this issue, LawNet would like to answer as follows:
1. Who is permitting to transport fireworks and explosive pyrotechnic composition in Vietnam?
According to Clause 1, Article 13 of Decree 137/2020/ND-CP stipulating that organizations and enterprises affiliated to Ministry of National Defense assigned by Prime Minister to conduct research, manufacture, import, export or supply fireworks may transport fireworks and explosive pyrotechnic composition.
2. 05 regulations on transportation of fireworks and explosive pyrotechnic composition in Vietnam
According to Clause 2, Article 13 of Decree 137/2020/ND-CP, transportation of fireworks and explosive pyrotechnic composition must satisfy following requirements:
- Transport permit or transport order of competent agencies is required; and
- Individuals and specialized vehicles for transporting fireworks and explosive pyrotechnic composition must meet industrial explosive transportation requirements as per the law; and
- Specialized vehicles satisfying fireworks, explosive pyrotechnic composition transportation, fire prevention and environmental protection requirements must be employed; and
- Fireworks, explosive pyrotechnic composition, fireworks accessories and personnel (other than those responsible for transportation) must not be transported by the same vehicles;
- Vehicles transporting fireworks and explosive pyrotechnic composition must not park or stop in crowded areas, residential areas, close to gas filling stations, in the vicinity of important structures in terms of national defense, security, economy, culture and foreign affairs.
In case of night rest or accidents, immediately inform the nearest military authorities or police authorities for cooperation and protection if necessary and adopt protective and fire prevention measures.
3. Dossier on and procedures for issuance of transport permit for fireworks and explosive pyrotechnic composition in Vietnam
According to Clause 3, Article 13 of Decree 137/2020/ND-CP stipulating the transportation of fireworks and explosive pyrotechnic composition of organizations and enterprises affiliated to Ministry of National Defense, manufacturing and supply of fireworks and explosive pyrotechnic composition must serve firing of fireworks according to Article 11 of Decree 137/2020/ND-CP. Applications and procedures:
- Application consists of:
= Written application specifying reasons, quantity and type of fireworks and explosive pyrotechnic composition to be transported, point of departure, destination, duration, route, full name and address of individuals responsible for transportation, vehicle operators, license plates of vehicles;
= Orders of regulatory authorities or import, export permit of competent agencies;
= Letter of introduction and copies of any of following documents:
Citizen Identity Card, ID card, passport or servicemen certificates of contact individuals.
In case of transportation of fireworks according to Clauses 7 and 8 Article 11 of Decree 137/2020/ND-CP, applications must include written consensus of Prime Minister.
- Documents specified under Point a of Clause 3 Article 13 of Decree 137/2020/ND-CP shall be compiled into single application and submitted at General Staff of the Ministry of National Defense;
- Within 5 working days from the date on which adequate applications are received, General Staff of the Ministry of National Defense shall issue transport permit using Form under Annex IV attached to Decree 137/2020/ND-CP or provide written explanation in case of rejection.
Transport permit is only eligible for a single transportation instance; return transport permit to issuing agencies within 7 days from the date on which transportation is complete.
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Annex IV |
4. Prohibited acts regarding the management and use of pyrotechnics in Vietnam
Prohibited acts in the management and use of firecrackers under Article 5 of Decree 137/2020/ND-CP 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 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.
Quoc Dat
