Joint Circular No. 401/TT-LB guiding the implementation of Directive No. 374/CT dated October 26, 1990 of the Chairman of the Council of Ministers on the production, circulation, and consumption of fireworks.

CIRCULAR

JOINT DECREE OF THE MINISTRY OF LIGHT INDUSTRY AND MINISTRY OF TRADE NO. 401/TT-LB

DATE: NOVEMBER 23, 1990 GUIDELINES FOR IMPLEMENTING THE DIRECTIVE

NO. 374/CT OF OCTOBER 26, 1990 ISSUED BY THE CHAIRMAN OF THE STATE COUNCIL ON THE PRODUCTION, DISTRIBUTION, AND CONSUMPTION OF FIREWORKS

Pursuant to Directive No. 374/CT dated October 26, 1990 issued by the Chairman of the State Council on the production, distribution, and consumption of fireworks, the Joint Ministry of Light Industry and Trade hereby provides guidelines for implementation as follows:

I. PRODUCTION OF FIREWORK POWDER AND FIREWORKS

1. Production.

1.1. Only with a valid permit may one produce firework powder and various types of fireworks.

1.1.1. Individuals are not permitted to produce firework powder and various types of fireworks.

1.1.2. Only state-owned enterprises and collective units meeting both of the following conditions will be considered for issuance of a permit: - Having adequate measures to ensure absolute safety. - Having a long-standing tradition and experience in production, ensuring quality.

1.1.3. The provincial and municipal Industrial Departments, together with relevant departments of Commerce and Public Security, shall arrange and organize registration of existing production facilities producing firework powder and fireworks within their respective localities. Based on the balance between local demand and production materials for firework powder and fireworks, as well as the safety conditions for production as stipulated in point (1.1.3), the provincial and municipal Industrial Departments shall issue production permits for these facilities and report the list of production facilities, quantities, and types of fireworks to the Ministry of Light Industry for overall management.

1.1.4. Any production of firework powder and fireworks after November 15, 1990 without a valid permit will be considered illegal production and will be subject to legal proceedings.

1.2. Types and specifications of fireworks and firecrackers. To ensure safety and economy in consumption, production facilities must produce fireworks according to the following regulations:

1.2.1. It is prohibited to produce throwing fireworks, breaking fireworks, and ascending fireworks.

1.2.2. Specifications of fireworks produced. - Small type (firecracker). Diameter of the firework ball equal to or less than 5mm (five millimeters). - Large type (bang firework). Diameter of the firework ball equal to or less than 15mm (fifteen millimeters).

II. DISTRIBUTION OF FIREWORKS

2.1. Fireworks are a commodity that the State prohibits from being imported under any form (trade and non-trade imports). Therefore, any organization or individual importing and trading foreign-made fireworks in the domestic market is considered smuggling.

2.2. Properly organize the distribution of domestically produced fireworks.

2.2.1. Only the General Trading Corporation and the wholesale provincial and municipal state-owned trading companies (Comprehensive Trading Companies, Chemical Products Trading Companies) are allowed to wholesale fireworks. These wholesale organizations must enter into sales contracts with production facilities holding valid permits to supply the state-owned retail system and cooperative buying and selling organizations. They must absolutely not purchase fireworks from production facilities without valid permits.

2.2.2. Only state-owned trade, cooperative buying and selling organizations, and agents of state-owned trade are permitted to sell fireworks retail.

2.2.3. Production facilities with valid permits are entitled to sell their products to organizations with valid business permits and can open stores to introduce their products, but they must comply strictly with the laws governing business operations in the market.

2.2.4. All organizations engaged in the fireworks business must register their operations to be eligible for permits and must adhere strictly to the laws governing business operations.

2.2.5. Organizations and individuals engaged in the fireworks business without valid permits are considered illegal business operations and will be dealt with according to current regulations.

2.2.6. Absolutely no sale of fireworks for collective consumption needs of agencies, enterprises, schools, social organizations, and armed forces.

2.3. Transportation of firework powder and fireworks.

2.3.1. Units authorized to produce and trade firework powder and fireworks must take anti-explosion measures when transporting to ensure absolute safety.

2.3.2. State-owned wholesale trading units with valid purchase and sale documents and safe transportation means are exempted from applying for permission from the local Public Security Department. Other cases of transporting fireworks require a permit from the local Public Security Department.

2.3.3. Units engaged in the fireworks business must absolutely not transport fireworks on public passenger transport vehicles.

2.3.4. Any trading, transportation, and distribution of firework powder and fireworks after November 30, 1990 without a valid permit will be considered illegal and will be confiscated and dealt with as smuggling.

III. DIRECTIVES FOR IMPLEMENTATION

3.1. In December 1990, the People's Committees of provinces, cities, and centrally-administered municipalities shall direct and coordinate forces to conduct inspections and controls of production and trading facilities of firework powder and fireworks. Focus on key areas and households, then draw lessons to organize regular inspections in their own localities.

3.2. It is necessary to intensify propaganda, mobilization, and education of the people through mass media about the policies and measures in Directive No. 374/CT dated October 26, 1990 issued by the Chairman of the State Council and this Joint Decree of the Ministry of Light Industry and Trade.

3.3. Local People's Committees, Market Management Steering Committees at all levels, Provincial and Municipal Industrial Departments, and Commerce Departments are responsible for the situation of illegal production, distribution, and smuggling of firework powder and fireworks in their localities.

3.3.1. Regarding rewards.

To encourage and motivate the discovery and prevention of illegal production, trading, transportation, and smuggling of fireworks and firework powder, inspection and control forces or individuals who discover such activities will be rewarded with material incentives:

- 30% of the fine value for illegal production, trading, transportation, and smuggling of firework powder and fireworks;

- 30% of the proceeds from the sale of confiscated fireworks and production and trading equipment;

- 5% of the amount of back taxes collected.

The entire reward amount will be distributed as follows:

+ 80% of this amount will be allocated to those directly involved;

+ 20% will be allocated to those indirectly involved.

3.3.2. Level of handling.

Plus twenty percent for indirect participants.

3. 3.2. Level of processing.

Organizations and individuals involved in smuggling, producing, trading, and transporting illegal fireworks shall be subject to handling:

- Confiscation of goods, production and business equipment, transportation means, and at the same time, the violator shall be fined from one to three times the value of the illegal goods.

- In the following cases, files shall be established and submitted to relevant legal authorities for criminal responsibility pursuit:

+ Smuggling, illegally producing, and selling fireworks in organized groups with large quantities.

+ Repeated offenses.

+ Producing and selling counterfeit fireworks.

The Ministry of Light Industry and the Ministry of Commerce shall coordinate with related ministries, sectors, and localities to organize inspection teams to examine the implementation of Directive No. 374/CT dated October 26, 1990, issued by the Chairman of the Council of Ministers.

Any unit that does not strictly comply with the directives of the Chairman of the Council of Ministers and the provisions stipulated in this Circular shall bear full responsibility and be dealt with according to the degree of violation.

This Circular takes effect from the date of signature.

 COAL AND CEMENT PRODUCTS

DIRECTIVE NO. 262-CT DATED OCTOBER 10, 1988 OF THE CHAIRMAN OF THE COUNCIL OF MINISTERS ON STRENGTHENING MANAGEMENT AND PROTECTION OF COAL

Although our country's coal reserves are not abundant, during recent periods, management, circulation, and utilization have been unreasonable, thus failing to maximize the effectiveness of the produced coal. Additionally, a considerable amount of coal has been lost due to widespread theft in various forms: coal being stolen during transportation, at railway stations, ports, and recently, thieves openly stealing coal from warehouses without timely prevention. AT In some regions, particularly in the province of Quang Ninh, many organizations without the function of trading in coal and some individuals under the guise of agents for communes, wards, towns, and cities have also engaged in purchasing and selling coal for profit, causing inconsistent purchase prices and leading to competition and the emergence of theft of state-owned coal for sale.

To gradually restore order in the management, circulation, and consumption of coal, especially in the provinces of Quang Ninh and Bac Thai, to ensure rational use and protection of coal resources, the Chairman of the Council of Ministers requests relevant sectors and localities to implement the following actions:

1- Regarding mining: The Ministry of Energy, the General Directorate of Mines and Geology, and People's Committees of related provinces must report on the implementation of Directive No. 233-CT dated August 6, 1987, issued by the Chairman of the Council of Ministers. These reports and recommendations must be submitted to the Council of Ministers' Office before October 15, 1988. The Ministry of Energy must urgently draft regulations for managing and exploiting small open-pit coal mines nationwide to be reviewed and promulgated by the Council of Ministers.

2- From now on, all sources of coal extracted or recovered (including those from the Ministry of Energy and other sectors and localities) must be uniformly managed by the State to balance according to the plan. The Coal Supply Corporation under the Ministry of Energy is responsible for purchasing and supplying all this coal according to the national plan and social demand.

Nationwide, especially in the provinces of Quang Ninh and Bac Thai, apart from the Ministry of Energy, only units registered and assigned coal mining plans may sell coal but must ensure their supply obligations according to the assigned plan, at the prescribed prices and locations by the State and the Ministry of Energy. Any mining unit wishing to retain products for use (whether within the plan or additional to the plan) must register beforehand; sectors without the function of coal trade are absolutely prohibited from engaging in unauthorized coal transactions.