Vietnam: Persons who “sneakily” use firecrackers shall be prosecuted for criminal liability

1. Decree No. 137/2020/NĐ-CP only allows people to use consumer fireworks

Specifically, according to Article 17 of the Decree No. 137/2020/NĐ-CP of Vietnam’s Government, 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, providing that the following requirements are satisfied:

- Only use consumer fireworks;

- Agencies, organizations and individuals must have full legal capacity;

- Only purchase consumer fireworks at organizations and enterprises allowed to trade consumer fireworks.

Decree No. 137/2020/NĐ-CP of Vietnam’s Government only allows people to use consumer fireworks to celebrate holidays, Tet, anniversaries. This means that people will not be allowed to use other types of pyrotechnics such as firecrackers. Specifically, firecrackers and consumer fireworks are distinguished as follows:

- 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.

Thus, the obvious difference to distinguish consumer fireworks from firecrackers is that they do not emit a whistling, explosive sound.

2. Fireworks are only allowed on the following occasions

Fireworks are only allowed on the following occasions:

* Lunar New Year

- Central-affiliated cities and Thua Thien Hue Province may fire high-range and short-range fireworks for no longer than 15 minutes; other provinces may fire short-range fireworks for no longer than 15 minutes;

- Time: Lunar New Year’s Eve.

* Hung Kings Commemoration Day

- Phu Tho Province may fire short-range fireworks for no longer than 15 minutes at Hung’s King Temple;

- Time: 9 p.m. of March 9 of the lunar calendar.

* Independence Day

- Central-affiliated cities and Thua Thien Hue Province may fire high-range and short-range fireworks for no longer than 15 minutes; other provinces may fire short-range fireworks for no longer than 15 minutes;

- Time: 9 p.m. of September 2.

* Dien Bien Phu Victory Anniversary

- Dien Bien Phu Province may fire short-range fireworks for no longer than 15 minutes at Dien Bien Phu City;

- Time: 9 p.m. of May 7.

* Liberation Day (April 30 of calendar year)

- Hanoi City and Ho Chi Minh City may fire high-range and short-range fireworks for no longer than 15 minutes;

- Time: 9 p.m. of April 30.

* Anniversary for liberation or establishment of provinces and central-affiliated cities

- Central-affiliated cities and Thua Thien Hue Province may fire high-range and short-range fireworks for no longer than 15 minutes; other provinces may fire short-range fireworks for no longer than 15 minutes;

- Time: 9 p.m. of liberation or establishment day of provinces and central-affiliated cities.

* National or international cultural, tourism and sports events

* Other cases shall be decided by the Prime Minister

3. Persons who “sneakily” use firecrackers shall be prosecuted for criminal liability

Decree No. 167/2013/NĐ-CP of Vietnam’s Government only allows people to use consumer fireworks on holidays and Tet, thus, persons who use other types of pyrotechnics is not allowed, specifically the act of “sneakily” use firecrackers is a prohibited act that can be administratively sanctioned or examined for criminal liability depending on the nature and severity of the violation:

Administrative sanction:

According to Point b Clause 2 Article 10 of the Decree No. 167/2013/NĐ-CP of Vietnam’s Government, using types of pyrotechnics without permission shall be imposed a fine of between VND 1,000,000 and 2,000,000.

Criminal prosecution:

Persons who “sneakily” use firecrackers shall be prosecuted for criminal liability for the crime of Disturbance of public order in accordance with the Criminal Code 2015 of Vietnam. To be specific:

1. Any person who causes disturbance of public order which negatively impacts social safety, order or security or does it while having incurred an administrative penalty for the same offense or having an unspent conviction for the same offense shall be liable to a fine of from VND 5,000,000 to VND 50,000,000 or face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment.

2. This offense committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

a) The offense is committed by an organized group;

b) The offense involves use of weapons or vandalism;

c) The offense results in serious traffic congestion or suspension of public activities;

d) The offender incites other people to cause disturbance;

dd) The offender attacks the person who intervenes to maintain public order;

e) Dangerous recidivism.

It can be seen that, from January 11, 2021, people have been allowed to use consumer fireworks on holidays, Tet, anniversaries, etc. but it should be noted that only consumer fireworks are allowed, not firecrackers. Violators can be administratively fined up to VND 2,000,000 and even be imprisoned for up to 07 years for the crime of disturbing public order.

Thuy Tram

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