From January 01, 2021, there will be several prohibited acts in management and use of pyrotechnics in Vietnam

According to Decree No. 36/2009/NĐ-CP of Vietnam’s Government, Vietnamese citizens are on allowed to use pyrotechnics. However, according to the Draft Decree, regulations on management and use of pyrotechnics have been eased. Specifically, the Draft Decree has allowed 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, the ease of the use of consumer fireworks will increase the management responsibility for competent authorities, so the use of consumer fireworks will be strictly regulated, more detailed to ensure compliance with the regulations on permitted use of consumer fireworks.

Therefore, the Draft Decree has specified prohibited acts in management and use of pyrotechnics, including:

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.

Above are 09 groups of prohibited acts in management and use of pyrotechnics, in which there are more prohibited acts than Decree No. 36/2009/NĐ-CP of Vietnam's Government to 05 groups of prohibited acts. In order to help the competent authorities manage more closely in allowing the use of consumer fireworks on national holidays, Tet holiday, marriage, conventions, grand openings, anniversaries, cultural and art activities.

Le Hai

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