Recently, the Supreme People's Court (SPC) issued Official Dispatch 340/TANDTC-PC providing guidance on handling acts of storing, transporting, and trading "exploding fireworks" within the country.
Prior to this, the Supreme People's Court (TANDTC) received feedback regarding the handling of actions related to "explosive fireworks" within the country. On this matter, the Supreme People's Court has issued the following guidance:
- Currently, the law only stipulates regulations on fireworks and explosive fireworks; there are no provisions regarding "explosive fireworks". Therefore, the competent authority must request an examination to determine whether the seized evidence is fireworks or explosive fireworks for appropriate processing;- If the evidence is explosive fireworks and possesses all the characteristics of explosive fireworks, it will be handled according to the guidance in Official Dispatch 91/TANDTC-PC, regardless of whether this type of fireworks has other characteristics (such as creating colored light effects...);- If the evidence is fireworks and does not have the characteristics of explosive fireworks, it will not be classified as prohibited goods and will not be subject to criminal prosecution under Article 155 Criminal Code 1999.
For detailed guidance, refer to Official Dispatch 340/TANDTC-PC issued on December 22, 2017.
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