Tô Ân Xô, chief of Office of the Ministry of Public Security.

Tô Ân Xô, chief of the Office of the Ministry of Public Security (MoPS), talks to the press about Decree No 137/2020/ND-CP on the management and use of firecrackers and fireworks that will come into effect from January 11 next year

Who will be allowed to use fireworks under the new decree?

Decree 137 stipulates that agencies, organisations, and individuals that have full civil act capacity shall be allowed to use fireworks. Civil act capacity is defined in the 2015 Civil Code.

They can use fireworks in the following cases: holidays, birthdays, weddings, conferences, opening ceremonies, anniversaries, and cultural and artistic activities.

Which individuals and organisations can trade fireworks and do they have to satisfy any conditions?

In accordance with Clause 2, Article 14 of Decree 137, only organisations and enterprises under the Ministry of National Defence (MoD) can trade fireworks and they must secure a certificate proving they meet certain requirements on security and order as well fire prevention and fighting and environmental protection.

Warehouses, means of transport and equipment used in the fireworks business must be suitable and satisfy conditions for preservation, transportation and fire prevention and fighting work.

Managers and labourers working in the fireworks business must be trained in safety rules and they can only trade fireworks that comply with technical regulations and standards prescribed by the State.

Which organisations and businesses can export and import fireworks? Does the export and import of fireworks require an export or import permit?

Only organisations and enterprises under the MoD are allowed to research and produce fireworks and pyrotechnic chemicals. Similarly, they are permitted to export or import fireworks and pyrotechnic chemicals.

According to Article 15 of Decree 137, enterprises which are eligible to export and import fireworks and their substances must submit dossiers at the Police Department for Administrative Management of Social Order under the Ministry of Public Security. The department will issue the permit within five days from the day the dossiers were received.

How does the decree define fireworks?

The decree defines that a firework is a device manufactured manually or on a large scale that creates sound effect and sparks when ignited but it does not cause an explosion. Firecrackers may produce the sound of explosions. Therefore, people need to clearly distinguish between fireworks and firecrackers to avoid breaking the law.

Which acts are prohibited in the management and use of firecrackers under the new decree?

The following acts are strictly banned: researching, manufacturing, buying, selling, exporting, importing, storing, transporting, using, or appropriating firecrackers, except for organisations and enterprises under the MoD that are assigned by the Prime Minister to research, produce, import, export, supply, transport and use fireworks.

Illegally carrying firecrackers into or out of the country or into forbidden places, restricted zones, protected areas and protected targets are prohibited.

It is against the law to take advantage of or abuse the use of firecrackers to infringe upon national security, social order and safety, legitimate rights and interests of agencies, organisations or individuals.

Prohibited acts include exchange, give and lease of firecrackers; transport, storage and destruction of firecrackers that are not safe or affect the environment. — VNS