“Hello, Lawyer; near the Lunar New Year, the illegal use of firecrackers also shows signs of increasing. The lawyer asked me what types of firecrackers people can use? If there is an illegal use of firecrackers, How should I be punished? Please advise me on how to handle illegal firecrackers. Thank you very much!“. Thanks for your question. To clarify this, today, LSX Lawfirm will give you an article about “How are illegal fireworks handled according to Vietnamese law?“, as follows:
Legal grounds
Decree 137/2020/ND-CP on management and use of firecrackers
Penal Code 2015, amended and supplemented in 2017.
Decree 167/2013/ND-CP took effect on December 28, 2013
Distinguish between Firecrackers and fireworks
Accordingly to Clause 1, Article 3 of Decree 137/2020/ND-CP, firecrackers regulated as follows:
Firecrackers are products containing firecrackers that, when acted on by mechanical, thermal, chemical, or electrical stimulation pulses, cause a sharp, strong, gas-producing chemical reaction, creating sound, light, and color effects in the atmosphere. space, causing an explosion or not.
Firecrackers include:
Firstly, Firecrackers, and fireworks.
Secondly, Firecrackers manufactured products; craft or industrial production; when there is an impact of muscle, thermal, or chemical stimulation pulses; or electricity causes an explosion; or cause hisses, explosions, and color effects in space;
Thirdly, Exploding firecrackers cause a hissing sound, and the color effect in space known as exploding fireworks; Low-explosive fireworks are fireworks with a diameter of not more than 90 mm, or the range does not exceed 120 m. High-explosive fireworks are fireworks with a diameter of more than 90 mm; or a range of more than 120 m;
Finally, Fireworks manufactured and handcrafted products; industrial, in the presence of mechanical, thermal, or chemical stimulation pulses; or electrically generated sound effects; light, and color in space, do not cause explosions.
People are allowed to use fireworks
Accordingly to the provisions of Article 17 of Decree 137/2020/ND-CP, people allowed to use fireworks, specifically:
Firstly, Agencies, organizations, and individuals with full civil act capacity may use fireworks in the following cases: Holidays, New Year’s Day, birthdays; weddings, conferences, grand openings; anniversaries, and cultural and artistic activities.
Secondly, When using fireworks, agencies, organizations, and individuals may only buy fireworks from organizations; enterprises allowed to manufacture and trade fireworks.
In addition, in Clause 1, Article 5 of Decree 137/2020/ND-CP, it is strictly forbidden for people to research; manufacture, produce, trade; export, import, store, transport, use, or appropriate firecrackers.
(Unless organizations and enterprises under the Ministry of National Defense assign by the Prime Minister the task of researching, producing, importing, exporting, supplying, transporting, and using explosive fireworks as prescribed in Decree No. 137/2020/ND-CP).
Administrative fines for the act of setting off firecrackers
Pursuant to Article 10 of Decree 167/2013/ND-CP, the level of administrative sanction for the acts of management and use of firecrackers prescribed as follows:
- Firstly, A fine ranging from 500,000 VND to 1,000,000 VND shall impose for the circulation of invalid permits for the management and use of fireworks.
- Secondly, A fine from 1,000,000 VND to 2,000,000 VND for using firecrackers without permission.
- Thirdly, A fine ranging from VND 2,000,000 to VND 4,000,000 shall impose for the following acts: Exchange, trade, forge, repair, erase, borrow, lend, rent, lease, pledge, mortgage, damage licenses, certificates, certificates of management, use fireworks.
For this act, an additional sanction may also apply, which is deprivation of the right to use permits, certificates, certifications on management, and use of fireworks for a period of from 9 months to 12 months.
Failure to immediately notify the competent authority of the loss of permits, certificates, certificates of management, and use of fireworks.
A fine ranging from VND 5,000,000 to VND 10,000,000 shall impose if illegally producing, storing, buying, selling, or transporting firecrackers and firecrackers.
A fine ranging from VND 20,000,000 to VND 40,000,000 shall impose for bringing firecrackers into or out of Vietnam illegally.
The fine level for organizations is equal to 02 times the fine level for individuals according to Point e, Clause 2, Article 3 of the Law on Handling of Administrative Violations then.
Criminal liability for violations on the use of firecrackers
Handling behavior that disturbs public order
Pursuant to Article 318 of the 2015 Penal Code; anyone who uses firecrackers to disrupt public order, causing adverse effects on security and order; social safety or has administratively sanctioned for this act; or has convicted of this crime, has not yet had his criminal record cleared, but still commits it; shall fine from 5,000,000 VND to 50,000,000 VND; non-custodial reform for up to 2 years; or imprisonment from 3 months to 2 years.
For this crime, the offender can sentence to a maximum of 7 years in prison.
Handling according to the act of illegally manufacturing, storing, transporting, using, trading in, or appropriating explosives According to the provisions of Article 305 of the 2015 Penal Code, anyone who illegally manufactures, stores, transports, uses, trades in, or appropriates explosives may sentence to between 1 and 5 years of imprisonment, the highest possible term. sentenced to between 15 and 20 years of imprisonment or life imprisonment.
In addition, offenders may also be subject to a fine of between VND 10,000,000 and 50,000,000, probation, or a ban from residence for 1 to 5 years.
Handling according to the act of producing and trading banned goods
For acts of producing and trading firecrackers, if they do not fall into the cases specified in Article 305 of the Penal Code 2015 (amended and supplemented in 2017), they will prosecuted for penal liability according to Article 190 of the 2015 Penal Code. (amended and supplemented 2017) on the crime of manufacturing and trading in prohibited goods.
Those who commit one of the following acts, if not falling into the cases specified in Articles 232, 234, 244, 246, 248, 251, 253, 254, 304, 305, 306, 309, and 311 of the Code of criminal offenses in 2015, the offenders shall be subject to a fine of between VND 100,000,000 and 1,000,000,000 or a prison term of between 01 and 05 years:
Producing and trading in plant protection drugs that banned from trading, circulation, or use by the State from 50 kilograms to under 100 kilograms or from 50 liters to under 100 liters then;
Trading in smuggled cigarettes from 1,500 packs to under 3,000 packs;
In addition
Producing and trading in firecrackers from 06 kilograms to under 40 kilograms.
And Producing or trading in other goods; that the State prohibits from trading, from circulation, or from using, valued at between; VND 100,000,000 and under VND 300,000,000, or earns illegal profits from VND 50,000,000; to under 200,000,000 copper;
Producing or trading in goods; that not yet allowed to circulated or used in Vietnam, valued at between VND 200,000,000; and under VND 500,000,000 or illegally earning; between VND 100,000,000 and under VND 300,000,000 then;
Acts of producing or trading goods below the level specified above but administratively sanctioned or in one of Articles 188, 189, 191, 192, 193, 194, 195, 196, and 200 of the Ministry of Civil law 2015 or have convicted of one of these crimes, has not yet expunged but still commits it then.
Penalties for the above acts can be up to 15 years in prison. In addition, the offenders may also be subject to a fine of between VND 20,000,000 and 100,000,000, a ban from holding certain posts, practicing certain professions, or doing certain jobs for 1 to 5 years then.
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Related questions
Clause 2, Article 10 of Decree 167/2013/ND-CP. Regulations on the management of the use of weapons, explosives, supporting tools, firecrackers, and dangerous toys are prohibited. Therefore, fans who use flares or fire on the field while watching football will be penalized then.
Currently, according to the provisions of Decree 137/2020/ND-CP. Only organizations and enterprises under the Ministry of National Defense are allowed to trade fireworks. In addition, other organizations dealing in fireworks may be guilty of possession crimes; Illegal use of fireworks then.
Fireworks or Firecrackers are fireworks that use a propellant, explosives, and special additives to create a spectacular scene, with diverse colors of light, and rich and vivid shapes to gather the community in the cultural activities of a collective nature, such as the opening and closing ceremonies of New Year’s Day, New Year’s Eve, festivals, national day celebrations, and sports congresses at all levels. Fireworks are of two types: fireworks (non-explosive) and explosive fireworks then.
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