Decree No. 36/2009/ND-CP on management and use of fireworks 36/2009/NĐ-CP

✦ Tóm lược thông minh

Decree No. 36/2009/ND-CP stipulates the management and use of fireworks in Vietnam, applicable to agencies, organizations, and individuals related to such activities. The Decree prohibits the production, sale, transportation, storage, and illegal use of explosive fireworks and firecrackers, while also regulating the organization of firework displays during major festivals.

Đối tượng áp dụng

Agencies, organizations, and individuals from Vietnam and abroad involved in the production, sale, transportation, import, export, storage, and use of fireworks and gunpowder.

Các điểm cốt lõi

Agencies, organizations, and individuals shall not produce, purchase, sell, import, export, transport, store, and illegally use explosive fireworks and gunpowder (Article 4).
Fireworks may only be used if they are produced by the Ministry of National Defense or imported foreign fireworks approved by the Prime Minister (Article 5).
A permit from a state agency is required for the export and import of fireworks and their components (Article 4).
Firework displays can only be organized during major festivals as specified (Article 7).
The Public Security Agency issues permits for bringing foreign fireworks into Vietnam for foreign organizations and individuals participating in international firework competitions (Article 9).

🌐 Tác động xã hội từ văn bản này

Positive impact: Helps maintain public order and protect the environment through strict management of fireworks usage.
Negative impact: Local authorities bear the cost of organizing firework displays, which may impose financial burdens on provinces and cities.

❓ Câu hỏi thường gặp

Which agency issues permits for bringing fireworks from abroad into Vietnam?

The Public Security Agency issues permits for bringing foreign fireworks and firework launching equipment into Vietnam for organizations and individuals after approval by the Prime Minister (Article 9).

What is the maximum duration allowed for a firework display?

The duration of firework displays during major festivals such as Tet, Hùng Kings Commemoration Day, and National Day shall not exceed 15 minutes (Article 7).

Which agencies are responsible for implementing this Decree?

The Minister of Public Security is responsible for guiding and supervising the implementation of the Decree. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, and Chairpersons of provincial People's Committees directly under the central government are responsible for enforcing the Decree (Article 17).

What types of fireworks are permitted for use during major festivals?

Only fireworks produced by the Ministry of National Defense or imported foreign fireworks approved by the Prime Minister may be used (Article 5).

Who is responsible for funding the organization of firework displays?

Local authorities are responsible for funding the organization of firework displays, without using state budget funds (Article 8).

Toàn văn

DECREE

Regarding the management and use of fireworks

____________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Public Security Law dated November 29, 2005;

Considering the proposal of the Minister of Public Security,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the management of explosive powders and various types of fireworks; the production, export, import, purchase, sale, transportation, storage, and use of fireworks and explosive powder for fireworks; the organization of firework displays and the responsibilities of relevant agencies in the management and use of fireworks.

Article 2. Applicability

This Decree applies to agencies, organizations, individuals in Vietnam, foreign organizations, and individuals (referred to as organizations and individuals) involved in activities related to the production, purchase, sale, transportation, import, export, storage, and use of various types of fireworks and explosive powders.

Article 3. Explanation of Terms

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

1. Explosive powder is a chemical substance or mixture of chemicals that, upon mechanical, thermal, chemical, or electrical stimulation, causes a rapid, sensitive chemical reaction that releases heat, gas, and produces a sound explosion.

2. Firework powder is a chemical substance or mixture of chemicals used to produce fireworks, which, upon mechanical, thermal, chemical, or electrical stimulation, causes a high-speed chemical reaction that releases heat, emits light, generates gas, and may produce a sound explosion.

3. Explosive fireworks are products containing explosive powder manufactured using different technologies regardless of origin and place of production, which, upon mechanical, thermal, chemical, or electrical stimulation, produce a sound explosion.

4. Fireworks are products containing firework powder, which, upon mechanical, thermal, chemical, or electrical stimulation, cause a chemical reaction producing a light effect with color, possibly accompanied by a sound explosion or not.

5. Single fireworks are low-altitude fireworks where each specialized technical device contains one firework.

6. Double fireworks are low-altitude fireworks where each specialized technical device contains two fireworks.

7. High-altitude firework display involves the use of specialized launching tubes and firing equipment to propel fireworks to a height exceeding 90 meters.

8. Low-altitude firework display involves the use of specialized technical equipment (without using launching tubes) to propel fireworks to a height of 90 meters or less.

Article 8. Prohibited acts

1. Producing, purchasing, selling, importing, exporting, transporting, storing, and using illegally various types of explosive fireworks and explosive powder.

2. Producing, purchasing, selling, importing, exporting, transporting, storing, and using illegally various types of fireworks and firework powder.

3. Purchasing, selling, storing, and using explosives taken from bombs, mines, ammunition, grenades, military explosives (used for national defense and security), industrial explosives to illegally produce fireworks and explosive powder.

4. Using firearms or explosive materials not in accordance with regulations to create sounds instead of fireworks.

Article 5. Types of fireworks and firework products allowed for use

1. Fireworks produced and imported by the Ministry of National Defense for firework displays approved by the Prime Minister.

2. Fireworks brought into Vietnam by foreign organizations and individuals permitted by the Prime Minister of Vietnam and granted permission by the Ministry of Public Security to participate in firework competitions.

3. Signal fireworks used in activities related to tropical depression, typhoons, floods, rescue operations, traffic, and military activities.

4. Products such as paper festival fireworks (excluding those containing metal), electric fireworks, paper, plastic, bamboo, and metal decorative fireworks; incense sticks that emit light; products emitting light, colors, and sounds used in cultural and artistic activities without causing a sound explosion.

Chapter II

MANAGEMENT AND ORGANIZATION OF FIREWORK DISPLAYS

Article 6.Management Principles

1. The Government uniformly manages the production, export, import, purchase, sale, transportation, storage, and use of fireworks nationwide.

2. The organization of production, transportation, export, import, and use of fireworks must ensure safety, economy, artistic quality, and meet the public's appreciation needs.

3. The production of fireworks must comply with Vietnamese technical standards, environmental hygiene conditions, occupational safety and health, and fire prevention measures; it must have a certificate of compliance with security and order conditions issued by authorized police authorities according to the law.

4. Exporting, importing fireworks, raw materials, and accessories for fireworks production must be done with a permit from competent state authorities as prescribed by law.

5. Funding for organizing firework displays shall be borne by localities and shall not be sourced from the state budget.

Article 7.Organization of firework displays

Firework displays shall be organized in the following cases:

1. Lunar New Year

a) High and low-altitude firework displays, lasting no more than 15 minutes, in Hanoi, Ho Chi Minh City, Hai Phong, Da Nang, Can Tho, and Thua Thien Hue provinces;

b) Low-altitude firework displays, lasting no more than 15 minutes, in other provinces;

c) Firework displays shall take place at midnight.

2. Anniversary of Hung Kings Commemoration Day (on the 10th day of the third lunar month annually)

a) Low-altitude firework displays, lasting no more than 15 minutes, at the Hung Temple;

b) Firework displays shall take place at 21:00 on the 9th day of the 3rd lunar month.

3. Commemorating National Day, Victory Day of Dien Bien Phu, and the Day of Complete Liberation of the Southa) National Day (September 2nd)

- High and low-altitude firework displays, lasting no more than 15 minutes, in Hanoi, Ho Chi Minh City, Hai Phong, Da Nang, Can Tho, and Thua Thien Hue provinces;

- Low-altitude firework displays, lasting no more than 15 minutes, in other provinces;

- Firework displays shall take place at 21:00 on September 2nd.

b) Victory Day of Dien Bien Phu (May 7th)

- Low-altitude firework displays, lasting no more than 15 minutes, in Dien Bien Phu city, Dien Bien province;

- Firework displays shall take place at 21:00 on May 7th.

c) Day of Complete Liberation of the South, Reunification Day (April 30th)

- High and low-altitude firework displays, lasting no more than 15 minutes, in Hanoi and Ho Chi Minh City;

- Firework displays shall take place at 21:00 on April 30th.

4. On the occasion of commemorating the liberation and establishment of central provinces and cities

a) High and low-altitude firework displays, lasting no more than 15 minutes, in Hanoi, Ho Chi Minh City, Hai Phong, Da Nang, Can Tho, and Thua Thien Hue provinces;

b) Low-altitude firework displays, lasting no more than 15 minutes, in other provinces;

b) Fireworks displays at low altitudes with a duration not exceeding fifteen minutes in the remaining provinces;

c) The time for fireworks display at 21 hours on the day of local liberation.

5. National or international cultural, tourism, and sports festivals.

6. Other cases decided by the Prime Minister.

Article 8.Competence and procedures for permitting fireworks displays

1. Cases of organizing fireworks displays as prescribed in Clauses 1, 2, 3, and 4 of Article 7 of this Decree shall be organized and implemented by organizations and localities in accordance with the regulations.

2. Cases of organizing fireworks displays as prescribed in Clauses 5 and 6 of Article 7 of this Decree and cases of changing the range and duration of fireworks displays shall be decided by the Prime Minister.

3. Provinces and centrally governed cities that wish to organize fireworks displays as prescribed in Clauses 5 and 6 of Article 7 of this Decree or want to change the range and duration of fireworks displays must submit a written request to the Ministry of Culture, Sports and Tourism at least 45 days in advance. The content of the document must clearly state the quantity, range, number of points, time, duration, and proposed location for the fireworks display. Within seven working days from the date of receipt of the written request for permission to organize a fireworks display, the Ministry of Culture, Sports and Tourism must submit a document to the Prime Minister for consideration and decision.

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

Chapter III

1. Assist the Government in managing state activities related to the production, export, import, purchase, sale, transportation, storage, and use of fireworks.

2. Take the lead and coordinate with relevant ministries and sectors to implement measures to prevent, stop, and handle illegal acts of producing, importing, exporting, purchasing, selling, transporting, storing, and using fireworks.

Article 9.2. Direct subordinate units of the Ministry of Public Security to coordinate with the Central Post and Telecommunications Administration and the enterprise designated to maintain and manage the public postal network in reviewing the political standards of workers participating directly in the provision of KT1 postal services when required.

3. Direct public security units and localities to organize inspections, patrols, and controls to prevent, detect, stop, and handle illegal acts of producing, importing, exporting, purchasing, selling, transporting, storing, and using fireworks, and ensure security and order at fireworks display locations.

4. Issue permits for foreign organizations and individuals to bring fireworks and firing equipment from abroad into Vietnam to participate in international fireworks competitions after obtaining approval from the Prime Minister. Article 10. Responsibilities of the Ministry of Culture, Sports and Tourism

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

2. Examine and submit to the Prime Minister for decision on granting permission to localities to organize fireworks displays based on the locality's request as stipulated in Clause 3 of Article 8 of this Decree.

3. Coordinate with local authorities to organize international fireworks competitions in Vietnam after obtaining approval from the Prime Minister.

1. Direct border guard forces and maritime police to conduct patrols and controls in border areas, seas, and islands to detect and handle illegal acts of purchasing, selling, transporting, storing, and smuggling fireworks.

2. Produce fireworks and equipment used for fireworks displays; organize command and technical training for fireworks displays nationwide, specifically as follows:

a) Fireworks production must comply with government regulations on managing conditional business operations concerning national security and public order.

Article 11. Responsibilities of the Ministry of National Defense

b) Based on local plans for fireworks displays, proactively organize fireworks production to ensure quality, quantity, and reasonable costs. Only sell fireworks to units and localities permitted to organize fireworks displays according to regulations.

c) Direct and guide relevant defense units to prepare manpower, technical equipment, and devices to serve fireworks displays; coordinate with localities to properly transport and display fireworks safely and in compliance with regulations.

d) Issue permits for the transportation of fireworks and equipment used for fireworks displays.

b) Based on the fireworks display plans of localities, proactively organize the production of fireworks to ensure quality, quantity, and reasonable costs. Fireworks may only be sold to units and localities permitted to organize fireworks displays in accordance with regulations;

c) Direct and guide relevant national defense units to prepare manpower, technical equipment, and devices for fireworks displays; coordinate with localities to properly carry out transportation and fireworks displays to ensure safety and compliance with regulations;

d) Issue permits for the transport of fireworks and equipment used for fireworks displays.

Article 12. Responsibilities of the Ministry of Industry and Trade

Direct market management forces to inspect, supervise, prevent, detect, stop, and handle acts of producing, purchasing, selling, transporting, storing, importing, exporting, and using fireworks illegally.

Article 13. Responsibilities of the Ministry of Finance

1. Direct customs forces to strictly control border gates to prevent and handle illegal import and export of fireworks.

2. Guide the mobilization and use of funds from lawful sources outside the state budget to organize firework displays in accordance with the provisions of the state budget law.

3. Ensure funding for the implementation of this Decree.

Article 14. Responsibilities of the Ministry of Information and Communications

Guide and direct news agencies, radio stations, television stations, and other mass media organizations to organize propaganda and mobilize the public to comply with the provisions of this Decree.

Article 15. Responsibilities of Provincial People's Committees under the Central Government

1. Take the lead, coordinate with relevant agencies, direct departments and sectors, and local People's Committees at all levels to implement preventive measures, stop, and handle acts of producing, purchasing, selling, transporting, storing, importing, and using fireworks illegally, and ensure the successful organization of firework displays, maintaining order, security, safety, and economy.

2. Ensure funding for organizing firework displays in localities in accordance with the law.

Strictly manage and comply with regulations on the range, time, duration, and location of firework displays. Report the results of implementation to the Ministry of Culture, Sports and Tourism for consolidation and reporting to the Prime Minister.

Chapter IV

IMPLEMENTING PROVISIONS

Article 16. Effective Date

This Decree takes effect from June 1, 2009. Previous regulations on the management and use of fireworks are abolished from the date this Decree takes effect.

Article 17. Guidance for Implementation and Responsibility for Implementation

The Minister of Public Security is responsible for guiding and supervising the implementation of this Decree.

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, and Chairpersons of provincial and municipal People's Committees directly under the central government are responsible for implementing this Decree./.

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