✦ Tóm lược thông minh
Circular No. 08/2010/TT-BCA details the implementation of certain provisions of Decree No. 36/2009/NĐ-CP on the management and use of fireworks and related equipment. The Circular applies to agencies, organizations, and individuals in Vietnam and foreign countries involved in the production, purchase, transportation, and use of fireworks. Notably, it specifies conditions for production, issuance of security and public order certificates, management of fireworks sales, permission to bring fireworks into Vietnam, and organization of fireworks displays.
Đối tượng áp dụng
Agencies, organizations, and individuals in Vietnam and foreign countries involved in the production, purchase, transportation, and use of fireworks.
Các điểm cốt lõi
- Fireworks production facilities and pyrotechnic drug production facilities must meet the conditions of state-owned enterprises under the Ministry of National Defense permitted by the Prime Minister, ensuring technical standards and environmental hygiene, labor safety; and be issued a Certificate of Security and Public Order.
- Fireworks production facilities may only sell fireworks to units and localities authorized to organize fireworks displays. Units and localities may only purchase from fireworks production facilities under the Ministry of National Defense.
- Foreign organizations and individuals permitted to bring fireworks into Vietnam for international fireworks competition entries must re-export any remaining fireworks. The application for a permit to bring fireworks includes a request letter from the organizing committee, the Prime Minister's opinion, and the decision to establish the organizing committee.
- Festival organizers requiring fireworks displays must establish an organizing committee and develop a plan for organizing the fireworks display; report the results to the Ministry of Culture, Sports and Tourism and the Ministry of Public Security.
- This Circular takes effect 45 days from the date of signature.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Clear regulations on fireworks management help ensure security, public order, and environmental hygiene.
- Negative impact: Fireworks production facilities must meet complex conditions, which may increase costs for businesses. Individuals and organizations need to comply with new regulations when purchasing and using fireworks.
❓ Câu hỏi thường gặp
What conditions must fireworks production facilities meet?
Fireworks production facilities must be state-owned enterprises under the Ministry of National Defense permitted by the Prime Minister, meeting Vietnamese technical standards and conditions for environmental hygiene and labor safety; and be issued a Certificate of Security and Public Order.
Who can fireworks production facilities sell fireworks to?
Fireworks production facilities may only sell fireworks to units and localities authorized to organize fireworks displays as stipulated in Article 7 of Decree No. 36/2009/NĐ-CP.
What can foreign organizations and individuals bring fireworks into Vietnam for?
Foreign organizations and individuals are permitted to bring fireworks into Vietnam for international fireworks competition entries. Fireworks may not be resold or used for other purposes in Vietnam.
Must festival organizers establish a fireworks organizing committee?
Cultural, sports, and tourism festival organizers requiring fireworks displays must establish a fireworks organizing committee. The committee members shall be led by representatives of ministries, sectors, or provincial People's Committees.
When does this Circular take effect?
This Circular takes effect 45 days from the date of signature.
Toàn văn
CIRCULAR
Detailed implementation regulations for certain provisions of Decree No. 36/2009/NĐ-CP dated April 15, 2009 on management and use of fireworks
______________________________
Based on Decree No. 36/2009/NĐ-CP dated April 15, 2009 on management and use of fireworks;
Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 stipulating the Functions, Tasks, Authorities, and Organizational Structure of the Ministry of Public Security;
The Ministry of Public Security issues detailed implementation regulations for certain provisions of Decree No. 36/2009/NĐ-CP dated April 15, 2009 on management and use of fireworks as follows:
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular provides detailed implementation for certain provisions of Decree No. 36/2009/NĐ-CP dated April 15, 2009 on management and use of fireworks (hereinafter referred to as Decree No. 36/2009/NĐ-CP), including: management of production, purchase, sale, transportation, importation, and use of fireworks, firework powder, equipment, accessories for firing fireworks, and organization of firework displays.
Article 2. Applicability
This Circular applies to agencies, organizations, individuals in Vietnam, foreign organizations, and individuals (hereinafter referred to as organizations and individuals) related to activities of producing, purchasing, selling, transporting, importing, using fireworks, firework powder, equipment, accessories for firing fireworks, and managing and organizing firework displays.
Article 3. Management of Fireworks
1. The management of fireworks produced by the Ministry of National Defense for organizing firework displays and fireworks brought into Vietnam by foreign organizations and individuals permitted to participate in international firework competitions as stipulated in Clause 1 and Clause 2, Article 5 of Decree No. 36/2009/NĐ-CP shall be implemented according to Chapters II, III, and IV of this Circular.
2. Signal flares used in activities related to tropical depression warnings, typhoons, floods, rescue operations, traffic, and military operations as stipulated in Clause 3, Article 5 of Decree No. 36/2009/NĐ-CP, when fired from guns, shall comply with laws regulating the management of firearms, explosives, and auxiliary tools; if only technical devices (without using guns) are used, management shall follow the relevant regulations of competent ministries and sectors.
3. The management of paper-based festival fireworks, electric fireworks, paper, plastic, bamboo, rattan, metal decorative fireworks; incense sticks that emit light; products emitting light signals, colors, and sounds without causing noise as stipulated in Clause 4, Article 5 of Decree No. 36/2009/NĐ-CP shall be carried out according to commercial laws.
Chapter II
MANAGEMENT OF PRODUCTION OF FIREWORKS AND FIREWORK POWDER
Article 4. Conditions for Fireworks and Firework Powder Production Facilities
Fireworks and firework powder production facilities as stipulated in Clause 2, Article 11 of Decree No. 36/2009/NĐ-CP must meet the following conditions:
1. They must be state-owned enterprises under the Ministry of National Defense authorized by the Prime Minister to produce fireworks and firework powder;
2. They must meet Vietnamese technical standards;
3. They must ensure environmental hygiene, occupational safety and health conditions; fire prevention and explosion control measures;
4. They must obtain a Certificate of Compliance with Security and Order Conditions issued by the competent public security authority.
Article 5. Documents for Application for Certificate of Compliance with Security and Order Conditions
The application documents for the Certificate of Compliance with Security and Order Conditions include:
1. A request for issuance of the Certificate of Compliance with Security and Order Conditions;
2. A copy of the Prime Minister's approval document permitting the production and processing of fireworks and firework powder;
3. A copy of the Business Registration Certificate;
4. A copy of the Certificate of Compliance with Fire Prevention and Control Conditions;
5. A personal history form of the head of the fireworks and firework powder production facility, confirmed by the local authority where they reside or by the direct supervising agency, accompanied by two photographs measuring 4 x 6 cm.
Article 6. Place for submission of application files for issuance of Certificate of Satisfactory Conditions for Security and Public Order
1. Application files for issuance of Certificate of Satisfactory Conditions for Security and Public Order shall be submitted to the Administrative Police Department under the Social Order and Safety Administration General Department of the Ministry of Public Security.
2. Within ten days from the date of receipt of the file, the Administrative Police Department must inspect the conditions of fireworks production facilities and fireworks materials to issue the Certificate of Satisfactory Conditions for Security and Public Order.
3. In case the conditions for security and public order are not met, the Administrative Police Department must notify in writing and specify the reasons to the fireworks production facility or fireworks material facility.
When receiving the Certificate of Satisfactory Conditions for Security and Public Order, the fireworks production facility or fireworks material facility must pay the prescribed fee.
Article 7. Purchase and Sale of Fireworks
1. Fireworks production facilities and fireworks materials facilities may only sell fireworks to units and localities permitted to organize fireworks displays as stipulated in Article 7 of Decree No. 36/2009/ND-CP.
2. Units and localities permitted to use fireworks may only purchase fireworks from facilities permitted to produce fireworks under the Ministry of National Defense as stipulated in Article 11 of Decree No. 36/2009/ND-CP.
3. The purchasing file includes:
a) A request document from the People's Committee of the province or centrally governed city or from the Festival Organization Board specifying the time, location, quantity, and type of fireworks;
b) Purchase and sale contract, transportation contract (if applicable);
c) Individuals contacting to purchase fireworks must present an Introduction Letter and Identity Card.
Chapter III
ISSUANCE OF PERMITS FOR IMPORTING FIREWORKS, FIREWORKS SHOOTING EQUIPMENT AND ACCESSORIES INTO VIETNAM AND TRANSPORTATION OF FIREWORKS, FIREWORK MATERIALS, FIREWORKS SHOOTING EQUIPMENT AND ACCESSORIES
Article 8. Issuance of Permits for Importing Fireworks, Shooting Equipment and Accessories into Vietnam
1. The issuance of permits for importing fireworks, shooting equipment and accessories into Vietnam as stipulated in Clause 2, Article 5 of Decree No. 36/2009/ND-CP applies only to foreign organizations and individuals participating in international fireworks competitions held in Vietnam.
Foreign organizations and individuals permitted to import fireworks, shooting equipment and accessories into Vietnam for competition purposes must re-export any remaining fireworks and equipment if they are not fully utilized; they are not allowed to resell or use them for other purposes in Vietnam.
2. Application files for issuance of permits for importing fireworks, shooting equipment and accessories into Vietnam include:
a) A document from the International Fireworks Competition Organizing Committee requesting the issuance of permits for importing fireworks, shooting equipment and accessories into Vietnam, specifying the number of foreign delegations participating, types, quantities of fireworks, shooting equipment and accessories of each delegation, names, passport numbers of representatives of each delegation, and the time and border gates for bringing in and out of Vietnam;
b) A copy of the Prime Minister's approval for organizing the International Fireworks Competition;
c) Decision on establishment of the International Fireworks Competition Organizing Committee by the competent authority;
d) Individuals contacting to apply for permits for importing fireworks, shooting equipment and accessories into Vietnam must present an Introduction Letter and Identity Card, along with two 4x6 cm photos.
3. Place for submission of application files for issuance of permits and the time limit for issuing permits for importing fireworks, shooting equipment and accessories into Vietnam are as follows:
Application files for issuance of permits for importing fireworks, shooting equipment and accessories into Vietnam shall be submitted to the Administrative Police Department.
Within ten days from the date of receipt of complete and valid files, the Administrative Police Department will issue the Permit for Importing Fireworks, Shooting Equipment and Accessories into Vietnam according to the form issued together with this Circular.
4. The International Fireworks Competition Organizing Committee must pay the prescribed fee for the issuance of permits for importing fireworks, shooting equipment and accessories into Vietnam.
Article 9. Issuance of Fireworks Transport Permit, Firework Powder Transport Permit, Firework Launching Equipment and Accessories Transport Permit, and Firework Display Organization
The Fireworks Transport Permit, Firework Powder Transport Permit, Firework Launching Equipment and Accessories Transport Permit shall be issued by the Ministry of National Defense in accordance with Article 7 of Decree No. 36/2009/NĐ-CP, issued by the General Staff of the Vietnam People's Army and the Ministry of National Defense, and implemented in accordance with the guidance of the Ministry of National Defense.
Chapter IV
MANAGEMENT AND FIREWORK DISPLAY ORGANIZATION
Article 10. Management of Firework Displays
1. Ministries, sectors, Provincial People's Committees under the central government (hereinafter referred to as provincial level) organizing cultural, sports, and tourism festivals requiring firework displays on commemorative days as stipulated in Article 7 of Decree No. 36/2009/NĐ-CP must establish a Firework Display Organizing Committee. The composition of the Firework Display Organizing Committee shall be led by the head of the ministry or sector (if organized by the ministry or sector) or a representative from the provincial-level People's Committee (if organized by the provincial-level People's Committee), along with representatives from relevant agencies: Culture, Sports and Tourism, Public Security, Military Affairs, Finance, Information and Communications.
2. Responsibilities of the Firework Display Organizing Committee
- Drafting the Firework Display Plan, specifying the scale, range, duration, number of display locations, security measures, public order maintenance, traffic safety, and fire prevention and explosion control plans.
- Ensuring safe firework displays in accordance with their intended purpose, maintaining public security, social order, environmental hygiene, and meeting cultural and spiritual needs of the people.
- Reporting to the Ministry of Culture, Sports and Tourism and the Ministry of Public Security on the results of the firework display organization.
3. In cases where there is a need to change the range, duration, time, or location of the firework display, such changes must be carried out in accordance with Clause 3 of Article 8 of Decree No. 36/2009/NĐ-CP.
Chapter V
IMPLEMENTATION
Article 11. Effective Date
This Circular takes effect 45 days from the date of signature; previous regulations of the Ministry of Public Security regarding the management and use of fireworks that conflict with this Circular are hereby abolished.
Article 12. Responsibility for Implementation
1. The Administrative Police General Department is responsible for organizing, guiding, and inspecting the implementation of this Circular.
2. Heads of General Departments, heads of units directly under the Ministry, Directors of Public Security Departments of provinces and centrally-administered cities, and Directors of the Fire Prevention and Fighting Department of Ho Chi Minh City within their respective functions and tasks are responsible for implementing this Circular.
During the implementation process, if any difficulties arise, agencies, organizations, and public security units and localities shall report and reflect these issues to the Ministry of Public Security (through the Administrative Police General Department) for timely guidance./.
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08/2010/TT-BCA
Circular No. 08/2010/TT-BCA detailing the implementation of certain provisions of Decree No. 36/2009/NĐ-CP dated April 15, 2009 on the management and use of fireworks
Expired
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Dẫn chiếu 2
33/2010/TT-BCA
Thông tư số 33/2010/TT-BCA Quy định cụ thể điều kiện về an ninh, trật tự đối với một số ngành, nghề kinh doanh có điều kiện
Hết hiệu lực
23/CT-UBND
Chỉ thị số 23/CT-UBND Tăng cường công tác phòng ngừa, đấu tranh, xử lý các hành vi sản xuất, mua bán, vận chuyển, tàng trữ, sử dụng pháo trái phép
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Bản dịch
Văn bản này có sẵn ở các ngôn ngữ sau:
Tiếng Việt
Thông tư số 08/2010/TT-BCA Quy định chi tiết thi hành một số điều của Nghị định số 36/2009/NĐ-CP ngày 15/4/2009 về quản lý, sử dụng pháo
한국어
시행령 제 08/2010/TT-BCA는 대통령령 제 36/2009/NĐ-CP일로부터 관리 및 사용하는 포에 대한 몇 가지 조항을 세부적으로 시행하기 위한 규정을 정한다.
中文
通知第08/2010/TT-BCA号详细规定了关于管理、使用烟花爆竹的第36/2009/NĐ-CP号政府法令的部分条款的实施细节。