Requirements for manufacturing consumer fireworks in Vietnam according to Decree No. 137/2020/NĐ-CP

Recently, the Government of Vietnam has issued the Decree No. 137/2020/NĐ-CP on management and use of pyrotechnics. This Decree has specified requirements for manufacturing consumer fireworks and consumer firework pyrotechnic composition in Vietnam from January 11, 2021.

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1. Requirements for manufacturing consumer fireworks and consumer firework pyrotechnic composition

According to Clause 1 Article 14 of the Decree No. 137/2020/NĐ-CP of Vietnam’s Government, research and manufacturing of consumer fireworks and consumer firework pyrotechnic composition must be implemented by organizations and enterprises and must satisfy following requirements:

- The organizations and enterprises must be assigned by Minister of National Defense to conduct research and manufacture consumer fireworks and consumer firework pyrotechnic composition;

- The organizations and enterprises 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;

- The organizations and enterprises must develop regulations on entering and leaving the premises, measures for guaranteeing security and order, measures for controlling goods transported in and out of the organizations and enterprises, and organize around the clock security guard.

- The organizations and enterprises must develop regulations, adequately equip, organize forces, examine fire prevention, develop fire prevention measures, evacuate, rescue, organize fire prevention drills and fire prevention measures as per the law;

- The organizations and enterprises must adopt measures for reducing, collecting and processing materials, wastes and handling environmental pollution on the spot; not allow toxic chemicals to leak into the environment; ensure adequate resources and equipment to satisfy environmental emergency prevention and response capacities;

- Locations for research, manufacturing and storage must ensure separation distance from residential areas, public structures, culture, social, historical constructions, protected areas and restricted areas;

- The organizations and enterprises must obtain adequate devices and equipment to examine and supervise technical specifications and serve quality control during manufacturing processes; have separate testing locations;

- Products must ensure adequate quality, standards, technical regulations, and bear brands, manufacturing country, year of manufacture and expiry date;

- Managers and workers directly participating in research and manufacturing must receive technical safety training.

Thus, only organizations and enterprises affiliated to the Ministry of National Defense meeting all of the above requirements shall manufacture consumer fireworks and consumer firework pyrotechnic composition legally.

>>> View more: Official: Only enterprises affiliated to Ministry of National Defense allowed to trade consumer fireworks

2. Requirements for trading pyrotechnic

According to Clause 2 Article 14 of the Decree No. 137/2020/NĐ-CP of Vietnam’s Government, pyrotechnic trade must satisfy following conditions:

- Only organizations and enterprises affiliated to Ministry of National Defense 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;

- Storage, means of transportation, equipment and tools serving pyrotechnic trade must be adequate and satisfactory to preservation, transportation and fire prevention conditions;

- Managers and attendants related to pyrotechnic trade must receive thorough technical safety training;

- Only trade consumer fireworks that are conforming to technical standards and technical regulations as per the law.

It can be seen that pyrotechnic trade is a conditional business line. Individuals and organizations with business needs should pay attention to fully meet the above conditions in order to conduct their business in accordance with the law.

Note: Distinguishing between definitions of pyrotechnic, firecrackers, consumer fireworks and pyrotechnic composition as follows:

- Pyrotechnic refers to a device containing pyrotechnic compositions which, upon mechanical, chemical, thermal or electrical impact, will cause rapid and intense chemical reactions, become volatile, produce sound, light and color with or without explosion(s), including:

+ 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. Firecrackers that emit a whistling, explosive sound and color effect shall be referred to as fireworks.

+ 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.

- Pyrotechnic composition consists of:

+ Explosive pyrotechnic composition is a product directly used to manufacture fireworks, creates rapid, intense, exothermic and fuming chemical reactions and generates large pressure and explosion sound effects under mechanical, thermal, chemical or electrical impact;

+ Consumer firework pyrotechnic composition is a product directly used to manufacture consumer fireworks, creates rapid, intense, exothermic and fuming chemical reactions and generates colorful effects without emitting explosion sound effects under mechanical, thermal, chemical or electrical impact.

Le Vy

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