Regarding Decree 137/2020 / ND-CP on the management and use of firecrackers, which will take effect from January 11, 2021, people throughout the country are interested. Major General To An Xo, Chief of the Office of the Ministry of Public Security, the spokesman of the Ministry of Public Security,spoke to the press about this issue.

Major General To An Xo, Chief of the Office of the Ministry of Public Security.
Photo: Ministry of Public Security. 

Can you tell us who is allowed to use fireworks under the new decree?

Article 17 of the Decree clearly states: "Agencies, organizations and individuals with full civil act capacity are allowed to use fireworks".Full civil act capacity of the above subjects is specified in the 2015 Civil Code.

Fireworks can only be used in the following cases: Ceremonies, New Year, birthdays, weddings, conference openings, anniversaries and in cultural and artistic activities (Clause 1, Article 17).

Which individuals and organizations are allowed to trade in fireworks?What conditions must the fireworks business ensure?

Under the provisions of Clause 2, Article 14 of Decree No. 137, only organizations and enterprises under the Ministry of National Defense are allowed to trade in fireworks and must be granted a Certificate of eligibility for security and order by competent police agencies;meeting the conditions for fire prevention and fighting, incident prevention and response and environmental protection.

Warehouse, means of transport, equipment and tools in service of fireworks business must be suitable and satisfy the conditions for preservation, transportation, fire prevention and fighting.

Managers and attendants related to fireworks business must be trained in safety techniques.

Only to trade in fireworks that comply with technical regulations and standards as prescribed.

Which organizations and businesses are allowed to export and import fireworks? Does the import of fireworks need to apply for an export or import permit? What procedures and agencies have the authority to grant permits?

According to Point a, Clause 3, Article 14 of Decree 137,only organizations and enterprises affiliated with the Ministry of Defense that are allowed to research and produce fireworks and pyrotechnic items are allowed to export and import fireworks and pyrotechnics.

According to Article 15 of Decree 137, the firework export and import permit shall be issued by the Ministry of Public Security, as follows: Enterprises are allowed to export and import fireworks and pyrotechnic items.The application is submitted to the Police Department for the administrative management of social order under the Ministry of Public Security, within five days from the day on which the complete application is received, the Police Department for administrative management of social order, the police will issue import and export permits according to regulations.

Firecrackers and fireworks seized by the 1st Squadron (Anti-Smuggling
Investigation Department) in coordination with the police force
in early 2020 in the Northeast Sea

According to Decree 137, what types of fireworks are included, sir?

Clause 1 Article 3 of the Decree specifies as follows: “Fireworks are manufactured, produced manually or industrially, when affected by mechanical, thermal, chemical or electrical stimuli to createsound effects, light, color in space, do not cause explosion."

Thus, the fireworks that agencies, organizations and individuals are allowed to use according to the provisions of Article 17 of this Decree are understood as: products containing pyrotechnic materials, when burned only cause sound effects,light, color in space and in particular do not cause explosions.

When agencies, organizations and individuals have a need to use fireworks, they may buy only fireworks from organizations and enterprises affiliated to the Ministry of Defense specified in Clause 2, Article 17 of Decree 137.

The Decree strictly prohibits the use of firecrackers and fireworks (specified in Clause 1, Article 5 of Decree 137).Accordingly, firecrackers are manufactured, produced manually or industrially, when the impact of mechanical, thermal, chemical or electrical excitation pulses causes explosions or hissing, explosions and effects for color in space; explosions cause noise and color in space known as fireworks exploding.

Therefore, people need to have a clear distinction between fireworks and explosive fireworks to avoid breaking the law.

When buying and transporting fireworks for business, do organizations and businesses need to apply for a license?

Under the provisions of Article 16 of the Decree, organizations and enterprises, when purchasing fireworks for business purposes, must prepare a dossier of application for a license to purchase and transport fireworks for business purposes and submit it to the Police Department.

In terms of social order, the Ministry of Public Security, within five days from the date of receiving a complete dossier, the Police Department of administrative management of social order will issue a license for purchase and transportation according to regulations.

According to the provisions of Point c, Clause 1 and Point c, Clause 2, Article 16: the licenses to buy fireworks for business are valid for 30 days; the transport permit is valid for seven days (the carriage permit is valid for one transfer only).

Under the new regulations, what acts will be prohibited in the management and use of firecrackers?

According to the provisions of Article 5 of the Decree, the nine prohibited acts are specified as follows:

Researching, manufacturing, buying, selling, exporting, importing, storing, transporting, using or appropriating firecrackers;except for organizations and enterprises under the Ministry of National Defense that are assigned by the Prime Minister to research, produce, import, export, supply, transport and use firecrackers according to the provisions of this Decree.

Illegally carrying firecrackers or firecrackers into or out of the territory of the Socialist Republic of Vietnam or into forbidden places, restricted zones, protected areas and protected targets.

Taking advantage of and abusing the use of firecrackers to infringe upon national security, social order and safety, life, health, property, legitimate rights and interests of agencies, organizations or individuals.

Exchange, present, give, send, borrow, rent, lease, or pledge firecrackers or firecrackers for illegal production of firecrackers;transport, storage and destruction of firecrackers that are not safe or affect the environment.

Deliver fireworks and explosives to agencies, organizations or individuals that are ineligible as prescribed.

To guide, train in the ways of illegally manufacturing, producing andillegally using firecrackers in any form.

Deliberately providing false information on management and preservation of firecrackers and fireworks; fail to report or delay reporting, conceal or falsify information about the loss, accident, incident with firecrackers or fireworks.