On Tet, setting off fireworks like this can result in a fine of up to 10 million VND.

Distinguish between firecrackers and fireworks

According to Clause 1, Article 3 of Decree 137/2020/ND-CP:

- Fireworks are products that are manufactured, handcrafted or industrially produced, when impacted by mechanical, thermal, chemical or electrical stimuli, causing an explosion or causing a whistling sound, explosion and color effects in space.

- Fireworks that cause whistling, banging and color effects in space are called fireworks. Low-altitude fireworks are fireworks with a diameter not larger than 90mm or a range not exceeding 120m. High-altitude fireworks are fireworks with a diameter over 90mm or a range over 120m.

- Fireworks are products that are manufactured, produced by hand or industrially, when impacted by mechanical, thermal, chemical or electrical stimulation, creating sound, light and color effects in space, without causing an explosion.

Are people allowed to use fireworks on Tet?

Article 11 of Decree 137/2020/ND-CP stipulates the following cases of organizing fireworks displays:

Lunar New Year

- Centrally-run cities and Thua Thien- Hue province are allowed to set off high- and low-altitude fireworks, lasting no more than 15 minutes; the remaining provinces are allowed to set off low-altitude fireworks, lasting no more than 15 minutes.

- Shooting time is on New Year's Eve.

In addition, Article 17 of Decree 137/2020/ND-CP stipulates the use of fireworks as follows:

1. Agencies, organizations and individuals with full civil act capacity are allowed to use fireworks in the following cases: Festivals, New Year's, birthdays, weddings, conferences, openings, anniversaries and in cultural and artistic activities.

2. Agencies, organizations and individuals using fireworks may only purchase fireworks from organizations and businesses licensed to produce and trade fireworks.

Accordingly, explosive fireworks can only be used by provinces and centrally run cities and must be licensed by the Prime Minister . People can only use them during Tet, weddings, birthdays, etc. Conventional fireworks are manufactured and produced by hand or industrially. When stimulated by mechanical, thermal, chemical or electrical impulses, they create sound, light and color effects in space without causing explosions.

Penalties for illegal fireworks

Article 11 of Decree 144/CP/2022 clearly states that a fine of 5 - 10 million VND shall be imposed for one of the following acts: Exchanging, giving, donating, sending, borrowing, lending, renting, leasing, or mortgaging weapons, support tools, explosive fireworks, smuggled fireworks, or firecrackers to illegally produce firecrackers; details, clusters of weapon details, support tools, or scrap, waste of weapons, explosives, support tools; Using illegal types of firecrackers and firecrackers.

In addition, Decree 144/CP also stipulates fines for violations in the management and use of other fireworks. Specifically, a fine of 1-2 million VND will be imposed on the act of circulating invalid licenses, certificates, certifications, and certificates on the management and use of weapons, support tools, and fireworks.

The fine will increase from 2 to 5 million VND for one of the following acts: Appropriating, exchanging, buying, selling, giving, donating, borrowing, lending, renting, leasing, mortgaging, accepting mortgages of all types of licenses, certificates, certifications, and licenses on weapons, support tools, and fireworks;

Forging licenses, certificates, certifications, and certifications on weapons, support tools, and fireworks; Concealing, assisting others, or failing to report acts of manufacturing, producing, carrying, buying, selling, repairing, exporting, importing, storing, transporting, illegally using, or destroying weapons, support tools, and fireworks;

Loss of licenses, certificates, certifications, and certifications on weapons, support tools, and fireworks; Erasing or altering the content of licenses, certificates, certifications, and certifications on weapons, support tools, and fireworks...

Fines of 10 - 20 million VND for illegal transportation or storage of fireworks, firecrackers or raw materials and accessories for producing fireworks.

In particular, a fine of 20 - 40 million VND is applied to the act of illegally bringing weapons, support tools and fireworks into or out of the territory of the Socialist Republic of Vietnam or bringing them into prohibited places, restricted areas, protected areas and protected targets.

In addition to fines, violating organizations and individuals must also be subject to additional penalties such as confiscation of exhibits and means of administrative violations, revocation of the right to use licenses and certificates of registration of weapons and support tools for 3-6 months, and revocation of the right to use licenses, certificates, certifications, and certificates of weapons, support tools, and fireworks for 9-12 months.

At the same time, these organizations and individuals must take remedial measures such as being forced to take measures to remedy environmental pollution; being forced to return illegal profits gained from committing violations; being forced to return licenses, certificates, certifications, and certificates of weapons, support tools, and fireworks...

Thus, the administrative fine for illegal fireworks is from 5 to 10 million VND.

The fines for violations of firecracker management and use mentioned above apply to individuals. For organizations committing the same violation, the fine is twice the fine for individuals (According to Clause 2, Article 4 of Decree 144/2021/ND-CP).

Minh Hoa (t/h)

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