Is there a penalty for using fireworks on New Year's Eve without permission in Vietnam?

Illustrative Image

Regarding this issue, LAWNET provides the following clarification:

According to the provisions of Article 7, Article 8 of Decree 36/2009/ND-CP, the organization of fireworks display on the occasions prescribed by law will be carried out by organizations or localities, or decided by the Prime Minister of the Government of Vietnam.

In cases where individuals purchase fireworks and set them off at home, this constitutes a violation of the law, except for types of fireworks and fireworks products specified in Article 4 of Decree 36 such as paper festival fireworks (excluding those containing metal), electric fireworks, paper, plastic, bamboo, metal decorations; sparklers; products emitting light signals, colors, sounds used in cultural activities without causing noise, which individuals are allowed to use.

Article 4 of Decree 36/2009/ND-CP also explicitly stipulates the prohibition against illegal possession and use of various types of fireworks, in particular:

Article 4. Prohibited Acts

1. Manufacture, purchase, sale, import, export, transport, storage, and illegal use of explosive fireworks, firework materials.

2. Manufacture, purchase, sale, import, export, transport, storage, and illegal use of various types of fireworks, firework materials.

3. Purchase, sale, storage, use of explosives derived from bombs, mines, ammunition, grenades, military explosives (used in defense, security), industrial explosives for the illegal production of fireworks, firework materials.

4. Use of guns, using non-conformable explosives to create noise instead of fireworks.

For cases where individuals purchase and set off fireworks on New Year's Eve of the Lunar New Year, they will be subjected to administrative penalties for the act of purchasing and selling illegal fireworks according to Point d, Clause 4, Article 10 of Decree 167/2013/ND-CP with fines ranging from 5 million VND to 10 million VND and the act of using unauthorized fireworks stipulated in Point b, Clause 2, Article 10 of Decree 167/2013/ND-CP with fines ranging from 1 million VND to 2 million VND.

2. A fine of 1,000,000 VND to 2,000,000 VND shall be imposed for any of the following acts:

a) Failure to declare and register all types of weapons, explosives, support tools with the competent authority;

b) Use of unauthorized fireworks.

4. A fine of 5,000,000 VND to 10,000,000 VND shall be imposed for any of the following acts:

…

d) Manufacture, storage, purchase, sale, unauthorized transportation of fireworks, firework materials, and dangerous toys;

More seriously, violators may also be prosecuted for criminal responsibility regarding this act for Disturbing Public Order under the provisions of Article 318 of the Criminal Code 2015, amended and supplemented in 2017, specifically:

Article 318. Crime of Disturbing Public Order

1. Anyone who disturbs public order affecting security, order, social safety, or who has been administratively fined for this act or has been convicted for this crime and has not yet had their sentence expunged and commits a violation, shall be fined from 5,000,000 VND to 50,000,000 VND, non-custodial reform for up to 2 years or imprisonment from 3 months to 2 years.

2. Committing the crime in one of the following circumstances, the offender shall be sentenced to between 2 and 7 years of imprisonment:

a) In an organized manner;

b) Using weapons, dangerous means or destructive acts;

c) Causing serious traffic obstructions or disrupting public activity;

d) Inciting others to cause public disorder;

đ) Assaulting persons intervening to maintain public order;

e) Dangerous recidivism.

Nguyen Trinh

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE