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

Distinguishing between firecrackers and fireworks.

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

- Fireworks are products, manufactured manually or industrially, that, upon the impact of mechanical, thermal, chemical, or electrical impulses, produce an explosion or a whistling sound, a bang, and a color effect in space.

- Fireworks that produce whistling sounds, explosions, and colorful effects in the air are called explosive fireworks. Low-altitude explosive fireworks are those with a diameter no larger than 90mm or a range no greater than 120m. High-altitude explosive fireworks are those with a diameter greater than 90mm or a range greater than 120m.

- Fireworks are products manufactured, either manually or industrially, that, when subjected to mechanical, thermal, chemical, or electrical impulses, produce sound, light, and color effects in space without causing an explosion.

Are people allowed to use fireworks during Tet (Vietnamese New Year)?

Article 11 of Decree 137/2020/ND-CP stipulates the cases in which fireworks displays may be organized as follows:

Lunar New Year

- Centrally-governed cities and Thua Thien- Hue province are allowed to have high-altitude and low-altitude fireworks displays, lasting no more than 15 minutes; other provinces are allowed to have low-altitude fireworks displays, lasting no more than 15 minutes.

- The fireworks display will take place at midnight on Lunar 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 capacity may use fireworks in the following cases: festivals, holidays, birthdays, weddings, conferences, opening ceremonies, anniversaries, and in cultural and artistic activities.

2. Agencies, organizations, and individuals using fireworks may only purchase them from organizations and businesses authorized to manufacture and trade fireworks.

Accordingly, explosive fireworks are only permitted for use by provinces and centrally-governed cities and require permission from the Prime Minister . Citizens are only allowed to use them during Tet (Lunar New Year), weddings, birthdays, etc. Ordinary fireworks, manufactured manually or industrially, produce sound, light, and color effects in space when subjected to mechanical, thermal, chemical, or electrical impulses, without causing explosions.

Penalties for illegally setting off fireworks.

Article 11 of Decree 144/CP/2022 clearly states that a fine of 5-10 million VND will be imposed for any of the following acts: exchanging, giving, gifting, sending, borrowing, lending, renting, leasing, or pledging weapons, support tools, explosive fireworks, smuggled fireworks, or gunpowder for the illegal production of fireworks; parts or components of weapons, support tools, or scrap or waste products of weapons, explosives, or support tools; and using illegal fireworks or gunpowder.

In addition, Decree 144/CP also stipulates penalties for other violations related to the management and use of fireworks. Specifically, a fine of 1-2 million VND will be imposed for circulating licenses, confirmations, certificates, or permits related to the management and use of weapons, support tools, and fireworks that are no longer valid.

The fine will increase from 2 to 5 million VND for any of the following acts: Appropriating, exchanging, buying, selling, giving, donating, borrowing, lending, renting, leasing, pledging, accepting as collateral, licenses, certificates, or permits related to weapons, support tools, and fireworks;

Forging licenses, certificates, and permits related to weapons, supporting tools, and fireworks; Concealing, assisting others in, or failing to report the illegal manufacture, production, possession, purchase, sale, repair, export, import, storage, transportation, use, or destruction of weapons, supporting tools, and fireworks;

Loss of licenses, confirmations, certificates, or permits related to weapons, support tools, and fireworks; Erasure, alteration, or falsification of the content of licenses, confirmations, certificates, or permits related to weapons, support tools, and fireworks...

A fine of 10 to 20 million VND will be imposed for the illegal transportation or storage of fireworks, gunpowder, or raw materials and accessories for the production of fireworks.

Specifically, fines ranging from 20 to 40 million VND are applied to the illegal act of bringing weapons, supporting tools, and fireworks into or out of the territory of the Socialist Republic of Vietnam, or bringing them into prohibited areas, restricted zones, protected areas, and protected targets.

In addition to fines, violating organizations and individuals may also face supplementary penalties such as confiscation of evidence and means used in the administrative violation, revocation of the right to use the license or registration certificate for weapons and support tools for 3-6 months, and revocation of the right to use licenses, certificates, or permits related to weapons, support tools, and fireworks for 9-12 months.

At the same time, these individuals and organizations must take remedial measures such as: being compelled to remedy environmental pollution; being compelled to return any illegal profits obtained from the violation; being compelled to return licenses, certificates, and permits related to weapons, support tools, and fireworks, etc.

Therefore, the administrative penalty for illegally setting off firecrackers ranges from 5 to 10 million VND.

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

Minh Hoa (compiled)

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