What is pyrotechnic? What are the types of pyrotechnic under the law in Vietnam?

What is pyrotechnic? What are the types of pyrotechnic under the law in Vietnam? (Internet image)

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

1. What is pyrotechnic? What are the types of pyrotechnic?

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). Pyrotechnics consist of: Firecrackers and consumer fireworks.

- 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;

Short-range fireworks are firecrackers that have no more than 90 mm in diameter or do not travel more than 120 m. High-range fireworks are firecrackers that have more than 90 mm in diameter or travel more than 120 m;

- 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;

(Clause 1, Article 3 of Decree 137/2020/ND-CP)

2. Prohibited acts on pyrotechnic in Vietnam

- 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.

- Conducting research, creating, manufacturing, trading, importing, exporting, storing, transporting or using consumer fireworks or pyrotechnic compositions illegally.

- 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.

- Abusing or exploiting pyrotechnics to violate national security, social order, safety, life, health, property, legal rights and benefits of agencies, organizations and individuals.

- 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.

- Appropriating, trading, exchanging, gifting, giving, borrowing, lending, hiring, leasing, mortgaging, fabricating, falsifying or modifying pyrotechnic-related certificates.

- Assigning fireworks or pyrotechnic compositions to ineligible agencies, organizations or individuals as per the law.

- Guiding, training, or organizing training on production, manufacturing or using pyrotechnics illegally in any shape or form.

- 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.

(Article 5 of Decree 137/2020/ND-CP)

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

- 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)

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