People should pay attention to the following 05 points to use consumer fireworks in accordance with Vietnam’s regulations

1. Consumer fireworks must not emit explosion sound effect

According to Article 3 of the Decree No. 137/2020/NĐ-CP of Vietnam’s Government, definitions of consumer fireworks and firecrackers are as follows:

- Fireworks are firecrackers that cause the loudest sound, 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 (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.

Thus, from January 11, 2021, when using consumer fireworks, people must use fireworks without emitting explosion sound effect in accordance with the law and avoid confusion with fireworks.

2. 02 conditions when using consumer fireworks

According to Article 17 of the Decree No. 137/2020/NĐ-CP of Vietnam’s Government, agencies, organizations and individuals must ensure the following 02 conditions:

- Having full legal capacity;

- Only purchase consumer fireworks at organizations and enterprises eligible for manufacturing and trading consumer fireworks.

3. Cases in which fireworks are allowed

Specifically, according to Articles 9 and 17 of the Decree No. 137/2020/NĐ-CP of Vietnam’s Government, cases in which fireworks are allowed include:

- 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;

- National or international cultural, tourism and sports events;

- Other cases shall be decided by the Prime Minister of Vietnam;

- National holidays, Tet holiday, marriage, conventions, grand openings, anniversaries, cultural and art activities.

However, it should be noted that cases where fireworks are allowed on 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 of Vietnam as per the law.

4. Only buy consumer fireworks at organizations and enterprises affiliated to the Ministry of National Defense of Vietnam

According to Article 14 of the Decree No. 137/2020/NĐ-CP of Vietnam’s Government, only organizations and enterprises affiliated to the Ministry of National Defense of Vietnam may 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.

Thus, people are only allowed to buy consumer fireworks at organizations and enterprises affiliated to the Ministry of National Defense of Vietnam and issued with certificates of eligibility for security and order by competent police authorities.

5. 09 prohibited acts when using consumer fireworks

According to Article 5 of the Decree No. 137/2020/NĐ-CP of Vietnam’s Government, 09 prohibited acts when using consumer fireworks include:

- Conducting research, making, manufacturing, trading, importing, exporting, storing, transporting, using or appropriating fireworks;

- 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;

- 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.

Thus, people should notice 09 above-mentioned prohibited acts when using consumer fireworks from January 11, 2021.

Ty Na

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