Prohibited acts in the use of firecrackers in accordance with Vietnamese law

People and organizations are only allowed to use firecrackers when they meet the conditions and permits as prescribed. In addition, the new Decree; also regulate the use of firecrackers; prohibited acts in the use of firecrackers according to regulations. Today, LSX Lawfirm will give you an article about “Prohibited acts in the use of firecrackers in accordance with Vietnamese law”, as follows:

Regulations on principles in the use of firecrackers

Article 4 of Decree 137/2020/ND-CP on management and use of firecrackers stipulates as follows:

– Comply with the latest current 2013 Vietnamese Constitutional Law and the laws of the Socialist Republic of Vietnam then.

– The management and use of fireworks, explosive fireworks; Firecrackers must ensure the right purposes, according to regulations and ensure safety and protect the environment.

– People who manage and use fireworks and explosive fireworks; Firecrackers must satisfy the prescribed conditions.

– Fireworks, exploding fireworks, pyrotechnics, and lost permits; Damages must be promptly reported to the competent management agency.

– Fireworks, explosive fireworks, firecrackers when no longer needed; out of date; no longer usable and must be destroyed according to regulations then.

– The destruction of firecrackers and firecrackers must ensure the correct order; safety, environmental protection, and in accordance with the law then.

Mechanism of firecracker burning process

Fireworks are made from a mixture of many different chemicals. When fireworks explode and form different colors, two processes usually occur. That is combustion and glow, here are the 2 main mechanisms of fireworks:

Heat is generated from combustion. As the combustion temperature increases, their luminosity increases, and they glow from infrared – they then change to the seven colors of white light. When the temperature of the firecrackers reaches a certain level, they will turn into different colors. The color of fireworks depends on the chemical composition of the firework. In addition, the fireworks also contain aluminum, magnesium, and titanium to increase the temperature, leading to an increase in the brightness of the fireworks.

The heat emitted by the explosion causes the metal electrons to be excited to higher energy levels and produces colored lights in the sky. Different metals have different energy levels, which in turn produce different colors.

Prohibited acts in the use of firecrackers according to regulations

Prohibited acts:

1. Researching, manufacturing, producing, trading, exporting, importing, storing, transporting, using, or appropriating firecrackers; except for organizations and enterprises under the Ministry of National Defense assigned by the Prime Minister to research, produce, import, export, supply, transport and use explosive fireworks as prescribed in this Decree then.

2. Researching, manufacturing, producing, trading, exporting, importing, storing, transporting, and illegally using fireworks and firecrackers then.

3. Illegally bringing firecrackers and firecrackers into or out of the territory of the Socialist Republic of Vietnam or into prohibited places, prohibited areas, protected areas, and protected targets then.

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

5. Exchange, gift, give, send, borrow, lend, rent, lease or pledge explosive fireworks or firecrackers for illegal firecracker production; transporting, preserving, and destroying firecrackers is unsafe or affects the environment then.

6. Appropriating, buying, selling, exchanging, gifting, giving, borrowing, lending, renting, leasing, pledging, forging, repairing, or erasing firecracker licenses then.

7. Deliver explosives and fireworks to agencies, organizations, and individuals that do not satisfy the prescribed conditions then.

8. Guide, train and organize training on how to illegally manufacture, manufacture and use firecrackers in any form.

9. Intentionally providing false information on the management and preservation of firecrackers and firecrackers; failing to report or report untimely, conceal or falsify information on the loss, loss, accident, incident of firecrackers or firecrackers then.

Destroy firecrackers in case of illegal use of firecrackers

Accordingly to Clause 1,2, Article 7 of Decree 137/2020/ND-CP on management and use of firecrackers, this content regulated as follows:

– The destruction of firecrackers and firecrackers must ensure absolute safety; completely lose their functions and effects; cannot restore to the original state, the correct procedure must follow; regulations approved by the competent authority then.

The head of the military agency of the district or the police station of the district or higher shall approve the plan, including:

So Time, place, method, and manner of destruction; members of the Council participating in the destruction; measures to prevent and respond to incidents in the process of destruction; and minimize the impact on the environment. The destruction site must isolate, far from residential areas; public works, and limit the impact on the environment then.

What are the conditions required for fireworks and pyrotechnic production establishment?

Conditions for establishments producing fireworks and fireworks are specified in Article 4 of Circular 08/2010/TT-BCA guiding Decree No. 36/2009/ND-CP on management and use of firecrackers issued by the Ministry of Public Security. act, accordingly:

So Establishments producing fireworks and pyrotechnics specified in Clause 2, Article 11 of Decree No. 36/2009/ND-CP must fully meet the following conditions:

1. Firstly, Being a state-owned enterprise under the Ministry of National Defense licensed by the Prime Minister to produce fireworks and pyrotechnics;

2. Secondly, Ensuring Vietnamese technical standards;

3. Thirdly, To ensure the conditions on environmental sanitation, occupational safety, and health; fire prevention.

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