Decree No. 137/2020/NĐ-CP on management and use of pyrotechnics effective from January 11, 2021, right on the occasion of the traditional Lunar New Year of Vietnam. According to this Decree, people need to be familiar with the newly issued regulations on the use of fireworks to avoid misunderstandings about the State's permission to use fireworks.
Article table of contents
1. Not all kinds of pyrotechnics are allowed to be used by the State
After the issuance of the Decree No. 137/2020/NĐ-CP to replace the Decree No. 36/2009/NĐ-CP, there are several opinions that people are allowed to use all kinds of pyrotechnics on holidays and Tet, or important events from now on. This is a misunderstanding that can unintentionally cause many people to violate regulations, which may even lead to criminal prosecution.
According to Article 3 of the Decree No. 137/2020/NĐ-CP of the Government of Vietnam, pyrotechnics consist of: firecrackers and consumer fireworks. To be specific:
- 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;
- Short-range fireworks are firecrackers that have no more than 90 mm in diameter or do not travel more than 120 m. High-range fireworks are firecrackers that have more than 90 mm in diameter or travel more than 120 m;
- 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 17 of the Decree No. 137/2020/NĐ-CP:
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.
Thus, people are only permitted to use consumer fireworks on holidays, Tet holiday, birthdays, grand openings, marriage or other special occasions. Firecrackers are still strictly prohibited from using by the State. Any person who uses this type of pyrotechnics will be prosecuted for criminal liability.
2. Requirements for use of consumer fireworks
People in need of using consumer fireworks must not only understand well about the fireworks allowed to use, but also meet the 02 specific requirements as mentioned below.
According to Article 17 of the Decree No. 137/2020/NĐ-CP of the Government of Vietnam, agencies, organizations and individuals using consumer fireworks during national holidays, Tet holiday, marriage, conventions, etc. must:
- Having full legal capacity;
- Only purchase consumer fireworks at organizations and enterprises eligible for manufacturing and trading consumer fireworks.
As for the first condition, a person with “full legal capacity” is a person who is 18 years of age or older, having no mental illness and is not declared incapacitated or restricted of legal capacity by a Court. Thus, according to common understanding, an individual who wants to use consumer fireworks must be at least 18 years old and not suffer from mental illnesses or losing control of his/her behavior.
For organizations and enterprises eligible for manufacturing and trading consumer fireworks, the Decree No. 137/2020/NĐ-CP states clearly that only organizations and enterprises affiliated to the Ministry of National Defense may trade consumer fireworks. Thus, people in need of using consumer fireworks must only purchase consumer fireworks at organizations and enterprises eligible for manufacturing and trading consumer fireworks. All cases of buying fireworks from organizations and individuals other than organizations and enterprises of the Ministry of National Defense that are allowed to trade and produce fireworks will be examined for criminal liability.
In this sensitive time, near the Lunar New Year 2021, people need to understand the regulations on the use of fireworks to meet their needs without violating the law. At the same time, the people's understanding of the conditions for use of fireworks also contributes to protecting themselves and their loved ones from being taken advantage of by bad actors to smuggle fireworks, accidentally violating the regulation that may lead to criminal prosecution for that act.
Duc Thao
- Key word:
- Decree No. 137/2020/NĐ-CP
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