Mr. Nguyen Manh sent a question to Legal Secretary: As far as I know, current law does not allow people to set off fireworks at home during the Tet holiday. Is there any type of fireworks that we are allowed to set off at home? Please advise, Legal Secretary.
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The editorial board of THU KY LUAT responds to Mr. Manh's issue as follows:
According to the provisions of Directive 406/CT-TTg, which is still in force, from January 1, 1995, the production, trading, and use of various kinds of explosive fireworks and explosive firecracker materials is strictly prohibited nationwide (except for fireworks and materials used to make fireworks).
On major holidays, Tet, and festivals where fireworks displays and burning of fireworks are organized, the People's Committees of provinces and cities must inform the public about the time and place of the fireworks sale and display.
Article 4 of Decree 36/2009/ND-CP also specifically stipulates that the illegal sale and use of various types of fireworks is one of the prohibited acts.
Article 4. Prohibited Acts
1. Producing, buying, selling, importing, exporting, transporting, storing, and illegally using various kinds of explosive fireworks and explosive firecracker materials.
2. Producing, buying, selling, importing, exporting, transporting, storing, and illegally using various kinds of fireworks and fireworks substances.
3. Buying, selling, storing, and using explosives taken from bombs, mines, ammunition, grenades, military explosives (used in defense and security), industrial explosives to illegally make fireworks and firecracker materials.
4. Using guns or non-conforming explosives to cause noise instead of fireworks.
Acts of illegal fireworks sale and use, depending on the severity, may be administratively fined according to Decree 167/2013/ND-CP or prosecuted under the Criminal Code 2015 for the Crime of Disturbing Public Order, except for the sale and use of the following types of fireworks:
1. Fireworks produced or imported by the Ministry of National Defense for authorized fireworks displays with approval from the Prime Minister of the Government of Vietnam.
2. Fireworks from foreign organizations and individuals authorized by the Prime Minister of the Government of Vietnam and permitted by the Ministry of Public Security for entry into Vietnam to participate in fireworks displays.
3. Signal flares used in activities such as typhoon warnings, storms, flooding, rescue, transportation, and military operations.
4. Products such as paper festival fireworks (excluding the type with metallic components), electric fireworks, paper decorations, plastic, bamboo, rattan, metal decorations; sparklers; products emitting light signals, colors, sound used in cultural and artistic activities that do not cause explosions.
Thus, during the 2020 Lunar New Year, people are allowed to use the following types of fireworks without prohibition:
- Paper festival fireworks (excluding the type with metallic components), electric fireworks, paper decorations, plastic, bamboo, rattan, and metal decorations;- Sparklers;- Products emitting light signals, colors, sound used in cultural and artistic activities that do not cause explosions.
Nguyen Trinh
