Decree No. 137/2020/NĐ-CP On Management and Use of Fireworks

DECREE

On the management and use of fireworks

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on People's Police dated November 20, 2018;

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

The Government promulgates the Decree on the management and use of fireworks.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the management and use of fireworks and pyrotechnic substances; the principles and responsibilities of agencies, organizations, and individuals in managing and using fireworks and pyrotechnic substances to ensure national security, maintain public order and safety, protect human rights and citizens' rights, and serve economic and social development.

Article 2. Applicability

This Decree applies to agencies, organizations, enterprises, and individuals related to the management and use of fireworks and pyrotechnic substances.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Fireworks are products containing pyrotechnic substances that, when stimulated mechanically, thermally, chemically, or electrically, cause rapid chemical reactions producing gas, creating sound, light, and color effects in space, with or without a loud noise. Fireworks include: explosive fireworks and display fireworks.

a) Explosive fireworks are products manufactured manually or industrially that, when stimulated mechanically, thermally, chemically, or electrically, produce a loud noise or a whistling sound, a loud noise, and color effects in space;

Explosive fireworks that produce a whistling sound, a loud noise, and color effects in space are called low-altitude explosive fireworks;

Low-altitude explosive fireworks have a diameter not exceeding 90 mm or a range not exceeding 120 meters. High-altitude explosive fireworks have a diameter over 90 mm or a range over 120 meters;

b) Display fireworks are products manufactured manually or industrially that, when stimulated mechanically, thermally, chemically, or electrically, create sound, light, and color effects in space without producing a loud noise.

2. Pyrotechnic substances include:

a) Explosive pyrotechnic substances are products directly used for manufacturing explosive fireworks, which, under mechanical, thermal, chemical, or electrical stimulation, cause rapid chemical reactions releasing heat, producing gas, and generating high pressure causing a loud noise;

b) Display pyrotechnic substances are products directly used for manufacturing display fireworks, which, under mechanical, thermal, chemical, or electrical stimulation, cause rapid chemical reactions releasing heat, producing gas, and creating light and color effects without producing a loud noise.

3. Shooting low-altitude explosive fireworks involves using specialized equipment to launch the explosive fireworks up to a height not exceeding 120 meters. Shooting high-altitude explosive fireworks involves using specialized launching tubes and shooting equipment to launch the explosive fireworks up to a height over 120 meters.

Article 4. Principles of Management and Use of Fireworks and Pyrotechnic Substances

1. Compliance with the Constitution and laws of the Socialist Republic of Vietnam.

2. The management and use of display fireworks, explosive fireworks, and pyrotechnic substances must be in accordance with their intended purposes, regulations, and ensure safety and environmental protection.

3. Individuals managing and using display fireworks, explosive fireworks, and pyrotechnic substances must meet the required conditions as prescribed.

4. Display fireworks, explosive fireworks, pyrotechnic substances, and various types of permits that are lost or damaged must be promptly reported to the competent management authority.

5. Display fireworks, explosive fireworks, and pyrotechnic substances that are no longer needed, past their expiration date, or unable to be used must be destroyed according to regulations.

6. The destruction of fireworks and pyrotechnic substances must be carried out in accordance with procedures, ensuring safety, protecting the environment, and complying with legal provisions.

Article 5. Prohibited acts

1. Researching, manufacturing, selling, exporting, importing, storing, transporting, using, or appropriating explosive fireworks, except for organizations and enterprises under the Ministry of National Defense.

2. Illegally researching, manufacturing, selling, exporting, importing, storing, transporting, using display fireworks or pyrotechnic substances.

3. Bringing fireworks or pyrotechnic substances illegally into or out of the territory of the Socialist Republic of Vietnam or into restricted areas, protected zones, and protected targets.

4. Exploiting or misusing the use of fireworks to infringe upon national security, public order and safety, lives, health, property, legitimate rights, and interests of agencies, organizations, and individuals.

5. Exchanging, giving, lending, renting, mortgaging explosive fireworks or pyrotechnic substances for illegal production of fireworks; transporting, storing, or destroying fireworks without ensuring safety or affecting the environment.

6. Appropriating, buying, selling, exchanging, giving, lending, renting, mortgaging, forging, repairing, or erasing various types of permits related to fireworks.

7. Providing explosive fireworks or pyrotechnic substances to agencies, organizations, or individuals who do not meet the required conditions.

8. Directing, training, or organizing training on methods of illegally manufacturing, producing, or using fireworks in any form.

9. Intentionally providing false information about the management and storage of fireworks and pyrotechnic substances; failing to report or reporting late, concealing, or distorting information about the loss, theft, accidents, or incidents involving fireworks and pyrotechnic substances.

Article 6. Management and storage of fireworks and pyrotechnic materials

1. The management and storage of fireworks, firecrackers, and pyrotechnic materials must ensure the following conditions:

a) Ensuring security, public order, safety, fire prevention, and firefighting according to regulations;

b) The warehouse for storing fireworks, firecrackers, and pyrotechnic materials must ensure security, public order, safety, fire prevention, firefighting, lightning protection, static electricity control, and environmental protection according to technical standards, national standards, and relevant legal provisions;

c) The warehouse for storing fireworks, firecrackers, and pyrotechnic materials must have internal rules and regulations ensuring security, public order, safety, fire prevention, and firefighting; plans for protection, deployment of security forces, and 24-hour guard duty; inspection and control of security and safety conditions for people, vehicles entering and exiting, and working within the warehouse area; warning signs, instructions on safety and fire prevention measures; posting procedures for arranging, storing, exporting, and importing; emergency response plans; firefighting and rescue plans; security and public order assurance plans and measures to prevent and respond to chemical accidents; full equipment for fire prevention and firefighting.

2. For fireworks and pyrotechnic materials seized from criminal cases, surrendered by organizations, individuals, they must be strictly managed and stored according to legal provisions; the warehouse must comply with the requirements set out in point c of Clause 1 of this Article.

3. During handling, transportation, and storage of fireworks and pyrotechnic materials, avoid strong impacts and keep them away from heat sources and electrical sources; absolutely prohibit fire or items that may cause fire or sparks.

Article 7. Destruction of Fireworks and Pyrotechnic Materials

1. The destruction of fireworks and pyrotechnic materials must ensure absolute safety, completely eliminate their functionality and effects, and cannot be restored to their original state; it must follow the approved procedures and regulations.

2. The head of the Military Department at the district level or higher or the Public Security Department at the district level or higher must approve the plan including: time, location, method, procedure for destruction, members of the Committee participating in destruction, preventive and response measures during destruction, and minimizing environmental impact. The destruction site must be isolated, far from residential areas and public facilities, and minimize environmental impact.

3. Methods of destruction

a) For types of fireworks with non-waterproof shells, remove the box and protective paper, then soak in water until the shell separates from the product. Collect and dry paper, cardboard, and insoluble residues separately, burn or bury them; remaining water containing chemicals must be buried at locations approved by the head of the Military Department at the district level or higher or the Public Security Department at the district level or higher;

b) For types of fireworks with waterproof shells, separate the shell and pyrotechnic material. Burn or bury the shell; soak the pyrotechnic material in water until it absorbs enough water to lose its explosive properties, dry and burn or bury the insoluble residues at locations approved by the head of the Military Department at the district level or higher or the Public Security Department at the district level or higher;

c) For pyrotechnic materials, follow the destruction process specified in point b of this clause.

4. Procedure and formalities for destruction

a) After receiving the decision to destroy from the competent authority, the Military Department at the district level or the Public Security Department at the district level or higher must establish a Destruction Committee and develop a destruction plan. The Destruction Committee includes: the representative of the destroying agency as the Chairman; representatives of specialized technical agencies and environmental management agencies at the district level, and the People's Committee of the commune where the destruction site is located as members. The destruction plan must ensure absolute safety and minimize environmental impact;

b) After destruction, conduct a re-inspection of the site to ensure all destroyed fireworks have lost their ability to restore functionality and effects. The results of the destruction must be recorded in a report, confirmed by the Chairman and members of the Committee.

5. In cases where fireworks and pyrotechnic materials remain unused, damaged, or expired during production by organizations or enterprises, the head of the organization or enterprise must organize their destruction according to the procedures at locations approved by the competent authority under the Ministry of National Defense. After destruction, report the results to the Military Department, Public Security Department directly managing, and obtain a permit.

Article 8. Judicial appraisal of fireworks and pyrotechnic materials

1. The competent authorities for judicial appraisal of fireworks and pyrotechnic materials include:

a) The Institute of Criminal Science under the Ministry of Public Security;

b) The Criminal Technical Investigation Department under the Provincial Police;

c) The Criminal Technical Appraisal Department under the Ministry of National Defense.

2. The procedures and formalities for appraising fireworks and pyrotechnic materials shall be carried out in accordance with the provisions of the Law on Judicial Appraisal and the Code of Criminal Procedure.

Article 9. Cases of using fireworks and firecrackers

1. Fireworks and firecrackers shall be used in accordance with the provisions of Articles 11 and 17 of this Decree.

2. Agencies and organizations using firecrackers for performances or competitions must be permitted by the Prime Minister and supplied by organizations or enterprises under the Ministry of National Defense assigned the task of producing and supplying.

Chapter II

MANAGEMENT AND USE OF FIREWORKS

Article 10. Research, production, export, import, supply of fireworks and explosive pyrotechnic materials

1. Research, production, and supply of fireworks according to orders from state agencies must comply with legal regulations on security, public order, fire prevention and fighting, environmental protection; have internal rules and plans for protection; ensure resources and equipment capable of preventing and responding to environmental incidents; research, production sites, and storage facilities must maintain safe distances from residential areas, public works, cultural, social, historical sites, protected zones, prohibited areas; managers and direct workers involved in research and production must be trained in safety techniques, fire prevention and fighting, incident prevention and response, ensuring safety and hygiene during research and production.

2. The Prime Minister decides on organizations and enterprises under the Ministry of National Defense that are allowed to conduct research, production, export, import, and supply of fireworks according to orders from state agencies based on the proposal of the Minister of National Defense. Supplying to agencies and organizations permitted to use fireworks can only be carried out in cases stipulated in Article 11 of this Decree.

3. Research and production of fireworks according to orders from state agencies shall be conducted in accordance with Decree No. 32/2019/NĐ-CP dated April 10, 2019, of the Government on assigning tasks, placing orders, or tendering for the provision of products and services using state budget funds from regular expenditure.

The application dossier shall be submitted in one set to the Administrative Management Police Bureau under the Ministry of Public Security within five working days from the date of receipt of all documents. Within this period, the Administrative Management Police Bureau under the Ministry of Public Security has the responsibility to issue export and import permits according to the model prescribed in Appendix I attached to this Decree; if not issued, it must provide a written response stating the reasons. Export and import permits are valid for 60 days.

Article 11. Cases for organizing fireworks displays

1. Lunar New Year (Tet)

a) Central cities and Thua Thien Hue Province may organize high and low altitude fireworks displays with a duration not exceeding 15 minutes; other provinces may organize low altitude fireworks displays with a duration not exceeding 15 minutes;

b) The display time is at the stroke of midnight on Lunar New Year's Eve.

2. Giỗ Tổ Hùng Vương Festival

a) Phu Tho Province may organize low altitude fireworks displays with a duration not exceeding 15 minutes, to be held at the Hung Temple area;

b) The display time is at 9:00 PM on the 9th day of the third lunar month.

3. National Day

a) Central cities and Thua Thien Hue Province may organize high and low altitude fireworks displays with a duration not exceeding 15 minutes; other provinces may organize low altitude fireworks displays with a duration not exceeding 15 minutes;

b) The display time is at 9:00 PM on September 2.

4. Victory Day at Dien Bien Phu

a) Dien Bien Province may organize low altitude fireworks displays with a duration not exceeding 15 minutes, to be held in the city of Dien Bien Phu;

b) The display time is at 9:00 PM on May 7.

5. Victory Day (April 30 Gregorian calendar)

a) Hanoi Capital and Ho Chi Minh City may organize high and low altitude fireworks displays with a duration not exceeding 15 minutes;

b) The display time is at 9:00 PM on April 30.

6. Commemoration of liberation days and establishment days of provinces and centrally governed cities

a) Central cities and Thua Thien Hue Province may organize high and low altitude fireworks displays with a duration not exceeding 15 minutes; other provinces may organize low altitude fireworks displays with a duration not exceeding 15 minutes;

b) The display time is at 9:00 PM on the respective liberation or establishment days of provinces and centrally governed cities.

7. Cultural, tourism, and sports events of national and international significance.

Article 12. Competence and procedures for permitting fireworks displays

1. Cases for organizing fireworks displays as stipulated in Clauses 1, 2, 3, 4, 5, and 6 of Article 11 of this Decree shall be decided by the People's Committees of provinces and centrally governed cities based on the actual situation of their localities and shall coordinate with the Ministry of Culture, Sports and Tourism to implement according to regulations.

Within five working days from the date of receipt of the request, the Ministry of Culture, Sports and Tourism will report to the Prime Minister for consideration and decision.

Article 13. Issuing permits for transporting fireworks and firecracker explosives

1. Organizations and enterprises under the Ministry of Defense assigned tasks by the Prime Minister for researching, producing, importing, exporting, and supplying fireworks and firecracker explosives shall be permitted to transport such items.

2. Transporting fireworks and firecracker explosives shall be carried out in accordance with the following provisions:

a) A transportation permit or transportation order issued by the competent authority must be obtained;

b) Persons and specialized means of transport for fireworks and firecracker explosives must meet the requirements for transporting industrial explosives as prescribed;

c) Specialized means of transport must ensure conditions for transporting fireworks and firecracker explosives and guarantee safety, fire prevention, firefighting, and environmental protection;

d) It is not allowed to carry fireworks and firecracker explosives, accessories for fireworks displays, and passengers on the same vehicle, except for those responsible for transportation;

đ) Vehicles transporting fireworks and firecracker explosives shall not stop or park in crowded areas, residential zones, near fuel stations, or near important defense, security, economic, cultural, and diplomatic facilities. In case of overnight stays or emergencies, immediate notification must be made to the nearest military or police authorities for necessary cooperation and safety measures against fires and explosions, damage, and loss.

a) Request documents, including: A written request detailing the reasons, quantities, types of fireworks and firecracker explosives to be transported, departure and arrival locations, transportation time and route, name and address of the person responsible for transportation, driver's name, vehicle license plate number, government agency order or export/import permit from the competent authority; an introduction letter accompanied by a copy of one of the following documents: Citizen Identity Card, Identity Card, Passport, or Military Identification Card of the person making contact. If transporting fireworks as stipulated in Clause 7 and Clause 8 of Article 11 of this Decree, the documents must also include a written agreement from the Prime Minister;

b) The documents specified in point a of this clause must be compiled into one set and submitted to the General Staff of the Vietnam People's Army;

c) Within five working days from the date of receiving all documents, the General Staff of the Vietnam People's Army will issue a transportation permit according to the model prescribed in Appendix IV attached to this Decree; if not issuing, a written response with the reasons must be provided. The transportation permit is only valid for one trip; within seven days from the completion of transportation, it must be returned to the issuing authority.

Article 14. Conditions for Researching, Producing, Trading, Exporting, and Importing Fireworks and Firecrackers

1. The research and production of fireworks and firecrackers shall be carried out by organizations and enterprises under the Ministry of National Defense and must satisfy the following conditions:

a) The organization or enterprise must be assigned tasks related to researching and producing fireworks and firecrackers by the Minister of National Defense;

b) Must obtain from competent public security authorities a Certificate of Compliance with Security and Public Order Conditions, ensuring conditions for fire prevention and fighting, accident prevention and response, and environmental protection;

c) Have internal regulations for entry and exit of the organization or enterprise, plans to ensure security and public order, control of means of transport, items, and goods entering and exiting the organization or enterprise, and organize security forces on a 24-hour basis;

d) Have internal regulations and fully equipped means, organize forces, inspect fire safety, firefighting plans, rescue and evacuation plans; organize drills for accident response plans and measures to ensure fire safety according to regulations;

đ) Implement measures to minimize, collect, and process raw materials and waste, and handle environmental pollution on-site; prevent leakage and dispersion of harmful substances into the environment; ensure resources and equipment capable of preventing and responding to environmental accidents;

e) Research, production sites, and storage facilities must maintain safe distances from residential areas, public works, cultural, social, historical sites, protected areas, prohibited zones;

g) Must have appropriate means and equipment to monitor technical parameters and serve product quality inspection during research and production; have separate testing facilities;

h) Products must meet quality standards and technical regulations; products must bear brand name, country of manufacture, year of manufacture, and expiration date;

i) Managers and direct workers involved in research and production must be trained in safety techniques;

2. Trading in fireworks must satisfy the following conditions:

a) Only organizations and enterprises under the Ministry of National Defense may trade in fireworks and must obtain from competent public security authorities a Certificate of Compliance with Security and Public Order Conditions, ensuring conditions for fire prevention and fighting, accident prevention and response, and environmental protection;

b) Warehouses, transportation means, equipment, and tools serving the trading of fireworks must be suitable and ensure conditions for storage, transportation, fire prevention, and firefighting;

c) Managers and service personnel related to the trading of fireworks must be trained in safety techniques;

d) Only fireworks meeting technical standards and regulations may be traded;

3. Exporting and importing fireworks and firecrackers must satisfy the following conditions:

a) Organizations and enterprises under the Ministry of National Defense permitted to research and produce fireworks and firecrackers may export and import fireworks and firecrackers;

b) Exported and imported fireworks must meet technical standards and regulations; types, brands, serial numbers, symbols, countries of manufacture, years of manufacture, and expiration dates must be specified for each type of firework.

Article 15. Procedures for Issuing Export and Import Permits for Fireworks and Firecrackers

2. The application dossier shall be prepared in one set and submitted to the Administrative Police Department under the Ministry of Public Security; within five working days from the date of receipt of all required documents, the Administrative Police Department under the Ministry of Public Security shall issue the export and import permit according to the model prescribed in Appendix II attached to this Decree; if the permit is not issued, a written response with specific reasons must be provided.

1. Procedures for issuing permits for purchasing fireworks for business purposes

a) Organizations and enterprises under the Ministry of National Defense when purchasing fireworks for business purposes must prepare an application dossier including: A request letter for a purchase permit specifying the quantity, type, name of the organization or enterprise producing and trading in fireworks; an introduction letter accompanied by a copy of one of the following identity documents: Citizen Identity Card, Identity Card, Passport, or Military Identification Card of the person making the contact;

b) The application dossier shall be prepared in one set and submitted to the Administrative Police Department under the Ministry of Public Security; within five working days from the date of receipt of all required documents, the Administrative Police Department under the Ministry of Public Security shall issue the purchase permit according to the model prescribed in Appendix III attached to this Decree; if the permit is not issued, a written response with specific reasons must be provided;

c) The purchase permit for fireworks for business purposes shall have a validity period of thirty days.

2. Procedures for issuing permits for transporting fireworks for organizations and enterprises for business purposes

a) The application dossier shall include: A request letter specifying the reason, quantity, type of fireworks to be transported, departure point, destination, transportation time and route, full name and address of the person responsible for transportation, driver, vehicle license plate number, an introduction letter accompanied by a copy of one of the following identity documents: Citizen Identity Card, Identity Card, Passport, or Military Identification Card of the person making the contact;

b) The application dossier shall be prepared in one set and submitted to the Administrative Police Department under the Ministry of Public Security; within five working days from the date of receipt of all required documents, the Administrative Police Department under the Ministry of Public Security shall issue the transportation permit according to the model prescribed in Appendix IV attached to this Decree; if the permit is not issued, a written response with specific reasons must be provided;

c) The transportation permit is only valid for one trip; within seven days from the completion of the transportation, it must be returned to the issuing authority.

Article 17. Use of Fireworks

1. Legal entities and individuals with full civil capacity may use fireworks in the following cases: Festivals, holidays, birthdays, weddings, conferences, grand openings, commemorative days, and cultural and artistic activities.

2. When using fireworks, legal entities and individuals may only purchase them from organizations and enterprises permitted to produce and trade in fireworks.

1. Subjects required to undergo training on safety techniques in the production, management, storage, and use of explosive fireworks and explosive pyrotechnic materials

a) Managers;

b) Workers directly involved in the production of explosive fireworks and explosive pyrotechnic materials;

c) Persons assigned to manage warehouses for explosive fireworks and explosive pyrotechnic materials;

d) Fireworks firing commanders;

đ) Users of explosive fireworks;

e) Guards, loaders at warehouses for explosive fireworks and explosive pyrotechnic materials; escorts and drivers of transportation vehicles carrying explosive fireworks and explosive pyrotechnic materials.

2. Subjects required to undergo training on safety techniques in the production and business of fireworks

a) Managers;

b) Workers directly involved in the production of fireworks and pyrotechnic materials;

c) Persons assigned to manage warehouses for fireworks and pyrotechnic materials.

3. Content of training

a) Legal provisions governing activities in the production, management, storage, and use of explosive fireworks and explosive pyrotechnic materials; activities in the production and business of fireworks;

b) Safety requirements when handling fireworks, explosive fireworks, and explosive pyrotechnic materials; measures for management and technical safety in activities related to the production, management, storage, and use of explosive fireworks and explosive pyrotechnic materials, as well as in the production and business of fireworks; destruction of fireworks, explosive fireworks, and explosive pyrotechnic materials; signs, symbols, and hazardous markings on packaging, containers, and transportation means; methods of arranging and storing fireworks, explosive fireworks, and explosive pyrotechnic materials; safety requirements for loading, storage, and transportation within warehouses and on transportation means;

c) Identifying risks, dangerous factors, and assessing security, safety, fire prevention, explosion prevention, and natural disaster risks in activities related to the production, management, storage, and use of fireworks, explosive fireworks, and explosive pyrotechnic materials;

d) Organizing drills to respond to emergencies in activities related to the production, management, storage, and use of fireworks, explosive fireworks, and explosive pyrotechnic materials;

đ) Safety requirements for operating production machinery and equipment and safe working methods;

e) Requirements for storage facilities, means, and equipment ensuring safety, fire prevention, lightning protection, and static electricity control in storage facilities;

g) Composition, properties, classification, and quality of fireworks, explosive fireworks, and explosive pyrotechnic materials; regulations on testing, inspection, and measures to ensure the quality of fireworks, explosive fireworks, and explosive pyrotechnic materials; requirements for packaging and labeling of fireworks, explosive fireworks, and explosive pyrotechnic materials;

h) Procedures for exporting, importing, and statistics of fireworks, explosive fireworks, and explosive pyrotechnic materials;

i) Methods of firing fireworks and safety measures during the firing of explosive fireworks; impact of firing explosive fireworks on structures, environment, and people; determining safe distances for firing explosive fireworks; developing firing plans for explosive fireworks.

4. Procedure and process for training

a) The application file for training includes: A request letter from the agency, organization, or enterprise; An introduction letter accompanied by a copy of one of the following documents: Citizen Identity Card, National Identity Card, Passport, or Military Identification Card of the person making contact; a list of individuals participating in the training, including detailed information such as name, date of birth, position, professional qualifications, and rank; two color photographs measuring 3 cm x 4 cm in portrait style (photographs taken not more than six months prior to the submission of the application file);

b) The application file must be prepared in one set and submitted to the competent authority specified in Clause 6 of this Article. Within five working days from the date of receiving the complete application file, the competent authority shall be responsible for reviewing the file and organizing the training.

5. The organization of training shall be conducted by the competent authority for training and carried out as follows:

a) Developing a plan and issuing a decision to open a training class;

b) Arranging qualified instructors to conduct the training;

c) Within three working days from the date of issuing the decision to open the training class, the competent authority specified in Clause 6 of this Article shall be responsible for notifying in writing the requesting agency, organization, or enterprise and organizing the training;

d) After completing the training, a Testing and Examination Board must be established, consisting of: The representative of the competent authority for training as the Chairman of the board; representatives from the Department of Administrative Police for Social Order, Ministry of Public Security, or the General Department of Defense Industry, Ministry of National Defense; representatives from the requesting agency, organization, or enterprise as members of the board and issuing a Certificate of Technical Safety Training for management, production, storage, and use of fireworks, explosive fireworks, and explosive pyrotechnic materials according to the model prescribed in Appendix V attached to this Decree. The Certificate of Technical Safety Training has a validity period of four years.

6. Competent Authority for Training: The General Department of Defense Industry, Ministry of National Defense shall take the lead and coordinate with relevant agencies to organize training, inspection, and issue certificates of technical safety training for subjects under the management of the Ministry of National Defense; the Department of Administrative Police for Social Order, Ministry of Public Security shall take the lead and coordinate with relevant agencies to organize training, inspection, and issue certificates of technical safety training for subjects under the management of the Ministry of Public Security.

Article 19. Responsibilities of organizations and enterprises researching, producing, trading, exporting, and importing fireworks, explosive fireworks, and pyrotechnic drugs.

1. Maintain continuously and consistently conditions for security, public order, fire prevention and control, accident prevention and response, environmental protection, ensuring safety and labor hygiene during the process of researching, producing, trading, exporting, and importing fireworks, explosive fireworks, and pyrotechnic drugs.

2. The production, trading, export, and import of fireworks, explosive fireworks, and pyrotechnic drugs must comply with technical standards and specifications, types, trademarks, country of manufacture, year of manufacture, and expiration date.

Chapter III

RESPONSIBILITIES OF MINISTRIES, SECTORS AND PROVINCE PEOPLE'S COMMITTEES UNDER THE CENTRAL GOVERNMENT

Article 20. Responsibilities of the Ministry of Public Security

1. Assist the Government in uniformly managing state affairs regarding fireworks in the field of national security protection, ensuring public order and social safety, and combating crime.

2. Carry out state management functions over fireworks according to this Decree and other relevant laws, including:

a) Proposing the Government to issue, amend, supplement, or promulgate through its authority normative legal documents on fireworks management and use;

b) Organizing propaganda and dissemination of normative legal documents on fireworks management and use; mobilizing the people to surrender fireworks;

c) Registering and issuing permits for fireworks within their authority;

d) Preventing and combating violations of the law on fireworks;

đ) Organizing the recovery, classification, storage, liquidation, and destruction of fireworks surrendered by agencies, organizations, and enterprises under the management of the Ministry of Public Security;

e) Inspecting the management and use of fireworks for entities under the management of the Ministry of Public Security;

g) Statistics and consolidation of situations and results of fireworks management and use within their authority;

h) Implementing inspections, audits, complaints, and accusations; rewarding and punishing violations of the law on fireworks management and use;

i) The Minister of Public Security shall promulgate a list of fireworks and explosive fireworks; specify detailed HS code lists for various types of fireworks.

3. Take the lead and coordinate with the Ministry of National Defense and the Ministry of Industry and Trade to develop technical safety standards for research, production, trade, storage, use, and destruction of fireworks.

Article 21. Responsibilities of the Ministry of National Defense

1. Direct border guard forces, maritime police, and self-defense forces to conduct patrols and controls in border areas, seas, and islands to detect and handle illegal buying, selling, transporting, and storing of fireworks.

2. Based on local plans for the sale of explosive fireworks, proactively organize the production of explosive fireworks to ensure quantity and quality. Only permitted to supply explosive fireworks to units and localities authorized to organize the firing of explosive fireworks as stipulated.

3. Direct and guide organizations and enterprises under the Ministry of National Defense that are permitted to research, produce, export, import, supply, and transport explosive fireworks and explosive pyrotechnic drugs to implement fireworks management and use as prescribed.

4. Direct and guide related defense units to prepare personnel, equipment, technical means, and command the firing of explosive fireworks to ensure safety, prevent fires and explosions, and protect the environment.

5. Organize the issuance of transportation permits or transportation orders for entities as provided for in Clause 3, Article 13 of this Decree.

6. Take the lead and coordinate with the Ministry of Public Security and provincial-level city People's Committees under the central government to ensure safe and compliant transportation and firing of explosive fireworks.

7. Coordinate with the Ministry of Public Security to manage, store, and destroy various types of fireworks.

1. Monitor and inspect the organization of fireworks displays by localities; compile the situation and report to propose the Prime Minister to direct relevant ministries, sectors, and localities on organizing fireworks displays.

2. Take the lead and coordinate with the Ministry of National Defense, the Ministry of Public Security, and the People's Committees of provinces and centrally governed cities to organize international fireworks competitions in Vietnam after obtaining permission from the Prime Minister.

3. Report and propose to the Prime Minister for consideration and decision on changing the range, duration of fireworks displays for cases specified in Clause 3, Article 12 of this Decree.

Article 23. Responsibilities of Relevant Ministries and Sectors

1. The Ministry of Industry and Trade is responsible for directing competent forces to inspect, control, prevent, detect, stop, and handle illegal acts related to the production, purchase, sale, transportation, storage, import, export, and use of fireworks.

2. The Ministry of Finance is responsible for directing customs forces to strictly control border gates to prevent and handle illegal imports and exports of fireworks; ensure funding for the implementation of this Decree.

3. The Ministry of Information and Communications is responsible for directing information and communication agencies to publicize and disseminate legal regulations on the management and use of fireworks; promote and mobilize the people to detect and surrender fireworks.

4. The Ministry of Education and Training and the Ministry of Labor, Invalids and Social Affairs, based on their functions and tasks, are responsible for publicizing and disseminating legal regulations on the management and use of fireworks within the education system.

5. Relevant ministries and sectors within their scope of duties and powers are responsible for specifying detailed regulations on the management and use of fireworks; provide data for national statistics and perform other tasks related to state management of fireworks.

6. The Vietnam Fatherland Front and political-social organizations organize propaganda and mobilization of the people to comply with legal regulations on the use of fireworks.

Article 24. Responsibilities of People's Committees at all levels

1. Organize propaganda, dissemination, and legal education on the management and use of fireworks.

2. Implement legal regulations on the management and use of fireworks.

3. Ensure funding for organizing fireworks displays in localities according to the law.

4. Strictly manage and implement regulations on the range, time, duration, and location of fireworks displays. Report the results of implementation to the Ministry of Public Security and the Ministry of Culture, Sports and Tourism.

5. Conduct inspections, audits, resolve complaints and denunciations; reward and punish violations related to the management and use of fireworks.

Chapter IV

IMPLEMENTING PROVISIONS

Article 25. Effective Date

This Decree takes effect from January 11, 2021, replacing Government Decree No. 36/2009/NĐ-CP dated April 15, 2009, on the management and use of fireworks.

Article 26. Responsibility for Implementation

Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairmen of provincial and centrally governed city People's Committees, and related agencies, organizations, enterprises, and individuals are responsible for implementing this Decree./.