What are the conditions for pyrotechnic trade in Vietnam?

Regarding this issue, LawNet would like to answer as follows:

1. What is pyrotechnic?

According to Point b, Clause 1, Article 3 of Decree 137/2020/ND-CP, 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).

2. What are the conditions for pyrotechnic trade in Vietnam?

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.

(Clause 2, Article 14 of Decree 137/2020/ND-CP)

3. Procedures for issuance of pyrotechnic procurement and transportation permit for commercial purposes in Vietnam

3.1 Procedures for issuance of pyrotechnic procurement permit for commercial purposes

* Organizations and enterprises affiliated to Ministry of National Defense upon procuring consumer fireworks for commercial purposes must prepare application consisting of:

- Written application for issuance of pyrotechnic procurement permit, which specifies quantity, type, name of organizations and enterprises manufacturing and trading consumer fireworks;

- Letter of introduction together with copies of any of following documents: Citizen Identity Card, ID card, passport or servicemen certificate of contact;

Number of records: 01 set

* OProcedures for issuance of pyrotechnic procurement permit for commercial purposes:

Step 1: Documents shall be compiled into a single file and submitted at Police Department on Administrative Management of Social Order, Ministry of Public Security;

Step 2: within 5 working days from the date on which adequate application is received, Police Department on Administrative Management of Social Order, Ministry of Public Security is responsible for issuing procurement permit using form under Annex III attached to Decree 137/2020/ND-CP or providing reasons in case of rejection;

Note: Pyrotechnic procurement permit for commercial purposes shall remain valid for 30 days.

3.2. Procedures for issuance of pyrotechnic transportation permit for organizations and enterprises for commercial purposes

*  Application consists of:

- Written application specifying reasons, quantity and type of consumer fireworks to be transported, point of departure, destination, duration, route, full name and address of individuals responsible for transportation, vehicle operators, license plates of vehicles;

- Letter of introduction and copies of any of following documents: Citizen Identity Card, ID card, passport or servicemen certificates of contact individuals;

Number of records: 01 set

* Procedures for issuance of pyrotechnic transportation permit for organizations and enterprises for commercial purposes:

Step 1:  Documents shall be compiled into a single file and submitted at Police Department on Administrative Management of Social Order, Ministry of Public Security

Step 2: Within 5 working days from the date on which adequate application is received, Police Department on Administrative Management of Social Order, Ministry of Public Security is responsible for issuing transportation permit using form under Annex IV attached to Decree 137/2020/ND-CP or providing reasons in case of rejection;

Note: Transport permit is only eligible for a single transportation instance;

Return transport permit to issuing agencies within 7 days from the date on which transportation is complete.

(Article 16 of Decree 137/2020/ND-CP)

4. Principles in managing and using pyrotechnics and pyrotechnic compositions in Vietnam

Principles in managing and using pyrotechnics and pyrotechnic compositions are prescribed as follows:

- Complying with Constitutions and regulations and law of Socialist Republic of Vietnam.

- Ensuring that management and use of consumer fireworks, fireworks and pyrotechnic compositions is for the right purposes, compliant with regulations and law and environmentally friendly.

- Ensuring eligibility of individuals managing and using consumer fireworks, fireworks and pyrotechnic compositions as per the law.

- Reporting to competent authorities if consumer fireworks, fireworks, pyrotechnic compositions or if the license is missing.

- Disposing consumer fireworks, fireworks and pyrotechnic compositions that are no longer required, expire or cannot be used as per the law.

- Ensuring adequate procedures, safety and environmental protection when disposing pyrotechnics and pyrotechnic compositions as per the law.

(Article 4 of Decree 137/2020/ND-CP)

Nguyen Thi Hoai Thuong

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