Recently, the Government of Vietnam has issued the Decree No. 137/2020/NĐ-CP on management and use of pyrotechnics. This Decree has specified cases that people are allowed to use fireworks and consumer fireworks from 2021.
Article table of contents
Specifically, according to Article 3 of the Decree No. 137/2020/NĐ-CP of Vietnam’s Government, definitions of fireworks and consumer fireworks are as follows:
- Fireworks are firecrackers that emit a whistling, explosive sound and color effect (firecrackers are products manufactured manually or industrially which, upon mechanical, chemical, thermal or electrical impact, will emit explosion sound effect or emit whistling, explosion sound and colorful effects);
- 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.
According to Article 9 of the Decree No. 137/2020/NĐ-CP of Vietnam’s Government, cases in which consumer fireworks and fireworks are allowed include:
First: Cases in which fireworks are allowed
- Lunar New Year: Central-affiliated cities and Thua Thien Hue Province may fire high-range and short-range fireworks for no longer than 15 minutes; other provinces may fire short-range fireworks for no longer than 15 minutes. Time: Lunar New Year’s Eve.
- Hung Kings Commemoration Day: Phu Tho Province may fire short-range fireworks for no longer than 15 minutes at Hung’s King Temple. Time: 9 p.m. of March 9 of lunar calendar.
- Independence Day: Central-affiliated cities and Thua Thien Hue Province may fire high-range and short-range fireworks for no longer than 15 minutes; other provinces may fire short-range fireworks for no longer than 15 minutes. Time: 9 p.m. of September 2.
- Dien Bien Phu Victory Anniversary: Dien Bien Phu Province may fire short-range fireworks for no longer than 15 minutes at Dien Bien Phu City. Time: 9 p.m. of May 7.
- Liberation Day (April 30 of calendar year): Hanoi City and Ho Chi Minh City may fire high-range and short-range fireworks for no longer than 15 minutes. Time: 9 p.m. of April 30.
- Anniversary for liberation or establishment of provinces and central-affiliated cities: Central-affiliated cities and Thua Thien Hue Province may fire high-range and short-range fireworks for no longer than 15 minutes; other provinces may fire short-range fireworks for no longer than 15 minutes. Time: 9 p.m. of liberation or establishment day of provinces and central-affiliated cities.
- National or international cultural, tourism and sports events.
- Other cases shall be decided by the Prime Minister.
However, it should be noted that cases where fireworks are allowed in Lunar New Year, Hung Kings Commemoration Day, Independence Day, Dien Bien Phu Victory Anniversary, Liberation Day (April 30 of calendar year), anniversary for liberation or establishment of provinces and central-affiliated cities shall be decided by People’s Committees of provinces or central-affiliated cities on the basis of practical conditions of local administrative divisions and implemented on the basis of cooperation with Ministry of Culture, Sports and Tourism as per the law.
Second: Cases of use of consumer fireworks
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.
Concurrently, when using consumer fireworks on the above-mentioned occasions, people shall only purchase consumer fireworks at organizations and enterprises affiliated to Ministry of National Defense allowed to 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;
Above are cases that people are allowed to use fireworks and consumer fireworks from 2021 that LawNet would like to send to Customers and Members. Therefore, Customers and Members should be careful not to be administratively sanctioned or prosecuted for criminal liability in accordance with the law.
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- Decree No. 137/2020/NĐ-CP
