Recently, the Government of Vietnam has issued the Decree No. 137/2020/NĐ-CP on management and use of pyrotechnics. This Decree has supplemented several prohibited acts in management and use of pyrotechnics in Vietnam from 2021.
Article table of contents
- Vietnam’s regulations on technical safety training in manufacturing and trade of consumer fireworks
- Officially: Only enterprises affiliated to Ministry of National Defense allowed to trade consumer fireworks in Vietnam
Specifically, according to Article 5 of the Decree No. 137/2020/NĐ-CP of Vietnam’s Government, prohibited acts in management and use of pyrotechnics include:
1. Conducting research, making, manufacturing, trading, importing, exporting, storing, transporting, using or appropriating fireworks; except for organizations and enterprises affiliated to Ministry of National Defense assigned by the Prime Minister to conduct research, manufacture, import, export, provide, transport and/or use fireworks according to this Decree.
2. Conducting research, creating, manufacturing, trading, importing, exporting, storing, transporting or using consumer fireworks or pyrotechnic compositions illegally.
3. 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.
4. Abusing or exploiting pyrotechnics to violate national security, social order, safety, life, health, property, legal rights and benefits of agencies, organizations and individuals.
5. Exchanging, gifting, giving, sending, borrowing, lending, hiring, leasing or mortgaging fireworks or pyrotechnic compositions to illegally manufacture pyrotechnics; transporting, preserving or disposing pyrotechnics in an unsafe manner or in a manner that affects the environment.
6. Appropriating, trading, exchanging, gifting, giving, borrowing, lending, hiring, leasing, mortgaging, fabricating, falsifying or modifying pyrotechnic-related certificates.
7. Assigning fireworks or pyrotechnic compositions to ineligible agencies, organizations or individuals as per the law.
8. Guiding, training, or organizing training on production, manufacturing or using pyrotechnics illegally in any shape or form.
9. 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.
In comparison with provision of Article 4 of Decree No. 36/2009/NĐ-CP of Vietnam’s Government, there are only 04 prohibited acts in management and use of pyrotechnics, including:
- Illegally producing, trading, importing, exporting, transporting, storing and using firecrackers and firecracker powder.
- Illegally producing, trading, importing, exporting, transporting, storing and using fireworks and firework powder.
- Trading, storing and using explosives taken from bombs, mines, shells, grenades, military-use explosive materials (used for defense and security activities) or industrial explosive materials to illegally manufacture firecrackers or fireworks and powder thereof.
- Using guns and explosive materials in contravention of regulations to cause explosions in replacement of firecrackers.
Thus, it can be seen that the Decree No. 137/2020/NĐ-CP of Vietnam’s Government has supplemented several prohibited acts in management and use of pyrotechnics, of which 05 groups of prohibited acts have been added compared to Decree No. 36/2009/NĐ-CP in order to support competent authorities to manage more closely in allowing the use of consumer fireworks on National holidays, Tet holiday, marriage, conventions, grand openings, anniversaries.
Besides, according to Decree No. 137/2020/NĐ-CP of Vietnam’s Government, a new notable provision is that 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. However, agencies, organizations and individuals shall only purchase consumer fireworks at organizations and enterprises eligible for manufacturing and trading consumer fireworks.
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Ty Na
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- Decree No. 137/2020/NĐ-CP
