Directive number 406-TTg on prohibiting the production, trading, and setting off of firecrackers

DIRECTIVE

ON PROHIBITING THE PRODUCTION, SALE AND BURNING OF FIREWORKS

In recent times, although the production, sale, and burning of fireworks have been managed, inspected, rectified, and some violations have been dealt with, illegal production, sale, and arbitrary burning of fireworks, especially during holidays, festivals, celebrations, grand openings... have become increasingly prevalent. The production and burning of fireworks have caused thousands of accidents, house fires, deaths, lifelong injuries, affecting public order and security, causing significant economic losses and environmental pollution that cannot be quantified. On New Year's Eve, the continuous burning of fireworks in major cities such as Hanoi, Ho Chi Minh City, Hai Phong, Quang Nam - Da Nang... for up to 30 to 40 minutes creates loud noises, making it unbearable for the elderly, children, people with heart conditions, and weak nerves, thick smoke lasting for long periods, preventing cars and motorcycles from moving, causing traffic congestion.

According to reports from 44 out of 53 localities, during the Tet holiday of the Year of the Wood Mouse (1994), there were 728 accidents caused by fireworks, resulting in 71 deaths, 765 injuries, and economic losses of 20 to 30 billion dong.

To quickly address this situation, which is also in line with the common wishes and interests of the people nationwide and to implement the Resolution of the National Assembly, session IV, term IX on thrift and combating waste, the Prime Minister issues the following directive:

1- As of January 1, 1995, strictly prohibit the production, sale, and burning of all types of explosive fireworks and firecrackers throughout the country (except for fireworks and firework-making materials).

a) Ministries, sectors, People's Committees at all levels shall immediately disseminate this Directive to all units under their management, instruct relevant functional agencies to cooperate with mass organizations, media outlets... to widely publicize the harms and dangers of producing, selling, and burning fireworks, persuade and explain to everyone to fully understand and agree with the government's policy to ban the production, sale, and burning of fireworks.

People's Committees at all levels shall propose to People's Councils and mass organizations to discuss measures and adopt resolutions to implement this Directive.

For places where the traditional craft of producing fireworks and firecracker-making materials has been practiced, and where permits for such activities have been issued by competent authorities, consider transitioning these crafts to producing fireworks and firework-making materials or other professions. Relevant ministries and provincial People's Committees must establish and approve plans for funding training to transition workers specializing in producing explosive fireworks to producing fireworks and firework-making materials or other professions according to new permits.

b) Strictly prohibit the importation of all types of fireworks, firecracker-making materials, and raw materials for fireworks from abroad. All foreign-made fireworks currently being sold on the domestic market will be confiscated and destroyed, and business licenses revoked if serious consequences result, leading to criminal liability.

c) Only issue permits for the production and sale of fireworks and firework-making materials to organizations and individuals meeting safety and public order standards stipulated in Decree No. 17-CP dated December 23, 1992, concerning the management of special trades, and fire prevention and explosion control regulations set forth by the Ministry of Interior. After January 1, 1995, organizations and individuals without permits from competent authorities must cease operations.

d) Strictly prohibit using explosives from bombs, mines, ammunition, grenades to produce fireworks. Ministries and sectors with units permitted to use explosives for combat and production must strictly manage them to prevent loss or unauthorized disposal contrary to state regulations. Heads of agencies and units and individuals violating these regulations shall bear legal responsibility.

Organizations and individuals permitted to produce and sell fireworks and firework-making materials must ensure absolute safety when producing and transporting them. They must transport using specialized means with transportation permits issued by provincial-level Public Security Departments and must accompany them with valid purchase and sale documents.

It is not allowed to transport fireworks and firework-making materials on unsafe means of transport or those carrying passengers.

2- Regarding the sale and burning of fireworks.

During major holidays, Tet, and festivals where fireworks displays are organized, provincial and municipal People's Committees must inform the public about the time and location for selling and burning fireworks.

For evening parties, tourism events, and occasions such as the opening of projects, festivals, and weddings where fireworks are burned, safety must be ensured.

3- From now until the end of 1994, the production and burning of fireworks shall be regulated as follows:

a) Regarding the production of fireworks, only organizations and individuals with permits and meeting safety and public order standards may produce and sell fireworks. They may not produce additional quantities unless raw materials are in surplus, and they may only produce and sell small-sized fireworks.

b) Regarding the burning of fireworks.

- Strictly prohibit burning fireworks in the premises of state agencies, state-owned economic organizations, and military units.

- Strictly prohibit burning fireworks that endanger others, affect the environment, and disrupt public order, such as burning fireworks in public places, after 9 PM daily, throwing fireworks onto roads, at people, or into moving vehicles, throwing fireworks from high places, or attaching them to moving vehicles.

- Strictly prohibit firing guns or using explosives to create sounds instead of fireworks.

c) Assign the People's Committees of Hanoi, Ho Chi Minh City, Ha Tay, Quang Nam - Da Nang, Thua Thien Hue, Hai Hung, Can Tho provinces, and the Ministry of Defense to coordinate with the Ministry of Interior, Ministry of Trade, General Customs Department, Ministry of Science, Technology, and Environment to inspect fireworks production and sales facilities in September 1994 to ensure compliance with the above regulations and report the results to the Prime Minister.

4- Organizations and individuals violating this Directive, in addition to having their contraband confiscated and fireworks and firecrackers destroyed based on the nature and severity of the violation, shall be subject to penalties as follows:

- A fine of VND 500,000 to VND 2,000,000 shall be imposed for the act of illegally producing fireworks.

- A fine of VND 500,000 to VND 2,000,000 shall be imposed for the act of illegally trading in fireworks or pyrotechnic drugs.

- A fine of VND 1,000,000 to VND 2,000,000 shall be imposed for the act of importing fireworks.

- A fine of VND 500,000 to VND 2,000,000 shall be imposed for the act of violating regulations on transporting fireworks.

Violations related to the production, trading, transportation, and ignition of fireworks that result in serious consequences must be pursued under criminal responsibility.

- In cases where children under 16 years old commit violations, their parents or guardians shall bear responsibility, compensate for damages, or pay administrative fines.

5- Implementation organization:

a) The Ministry of Public Security, together with the Ministry of Science and Technology and the Environment, shall coordinate with relevant ministries and sectors to establish standards, explosive power, and specifications for types of fireworks produced, and take immediate measures to address cases of non-compliance, particularly in large cities and areas with many fireworks production facilities.

b) The Ministry of Public Security, the Ministry of Science and Technology and the Environment, the Ministry of Trade, the Ministry of Defense, the Ministry of Energy, the Ministry of Transport, the General Department of Customs, and the People's Committees of provinces and centrally governed cities shall, within their respective functions, be responsible for organizing and directing the implementation of this Directive, and strictly monitoring and handling violations according to the law.

c) The Ministry of Culture and Information shall cooperate with state agencies, armed forces, mass organizations, economic and social organizations, and schools to organize extensive propaganda for this Directive.

d) Persons who contribute to detecting, preventing the production, trading, transportation of fireworks and pyrotechnic drugs, and illegal ignition of fireworks shall be rewarded.

e) The Ministers, heads of ministerial-level agencies, heads of government agencies, and Chairmen of provincial and centrally governed city People's Committees shall be responsible for organizing and closely supervising the implementation of this Directive and reporting the results to the Prime Minister./.