Nghị định 137/2020/NĐ-CP về quản lý, sử dụng pháo

GOVERNMENT -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 137/2020/ND-CP	Hanoi, November 27, 2020

 

DECREE

ON MANAGEMENT AND USE OF PYROTECHNICS

Pursuant to Law on Governmental Organization dated July 19, 2015; Law on amendments to Law on Government Organization and Law on Local Governmental Organization dated November 22, 2019;

Pursuant to the Law on People’s public security forces dated November 20, 2018;

At the request of the Minister of Public Security;

The Government promulgates Decree on management and use of pyrotechnics.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree prescribes management and use of pyrotechnics and pyrotechnic compositions; principles and responsibilities of agencies, organizations and individuals in managing and using pyrotechnics and pyrotechnic compositions to ensure national security, social order and safety, protect human’s rights, citizenship rights and serve socio-economic development.

Article 2. Regulated entities

This Decree applies to agencies, organizations, enterprises and individuals related to management and use of pyrotechnics and pyrotechnic compositions.

Article 3. Term interpretation

In this Decree, terms below are construed as follows:

1. “pyrotechnic” refers to a device containing pyrotechnic compositions which, upon mechanical, chemical, thermal or electrical impact, will cause rapid and intense chemical reactions, become volatile, produce sound, light and color with or without explosion(s). Pyrotechnics consist of: Firecrackers and consumer fireworks.

a) Firecrackers are products manufactured manually or industrially which, upon mechanical, chemical, thermal or electrical impact, will emit explosion sound effect or emit whistling, explosion sound and colorful effects;

Firecrackers that emit a whistling, explosive sound and color effect shall be referred to as fireworks;

Short-range fireworks are firecrackers that have no more than 90 mm in diameter or do not travel more than 120 m. High-range fireworks are firecrackers that have more than 90 mm in diameter or travel more than 120 m;

b) Consumer fireworks are products manufactured manually or industrially which, upon mechanical, chemical, thermal or electrical impact, will emit sound, light or colorful effects without emitting explosion sound effect;

2. Pyrotechnic composition consists of:

a) Explosive pyrotechnic composition is a product directly used to manufacture fireworks, creates rapid, intense, exothermic and fuming chemical reactions and generates large pressure and explosion sound effects under mechanical, thermal, chemical or electrical impact;

b) Consumer firework pyrotechnic composition is a product directly used to manufacture consumer fireworks, creates rapid, intense, exothermic and fuming chemical reactions and generates colorful effects without emitting explosion sound effects under mechanical, thermal, chemical or electrical impact.

3. “firing short-range consumer fireworks” refers to the use of specialized technical devices to propel the consumer fireworks to a height no higher than 120 m. “firing long-range consumer fireworks” refers to the use of specialized launch tubes and propellers to propel the consumer fireworks to a height of higher than 120 m.

Article 4. Principles in managing and using pyrotechnics and pyrotechnic compositions

1. Complying with Constitutions and regulations and law of Socialist Republic of Vietnam.

2. Ensuring that management and use of consumer fireworks, fireworks and pyrotechnic compositions is for the right purposes, compliant with regulations and law and environmentally friendly.

3. Ensuring eligibility of individuals managing and using consumer fireworks, fireworks and pyrotechnic compositions as per the law.

4. Reporting to competent authorities if consumer fireworks, fireworks, pyrotechnic compositions or if the license is missing.

5. Disposing consumer fireworks, fireworks and pyrotechnic compositions that are no longer required, expire or cannot be used as per the law.

6. Ensuring adequate procedures, safety and environmental protection when disposing pyrotechnics and pyrotechnic compositions as per the law.

Article 5. Prohibited acts

1. Conducting research, making, manufacturing, trading, importing, exporting, storing, transporting, using or appropriating fireworks; except for organizations and enterprises affiliated to Ministry of National Defense assigned by the Prime Minister to conduct research, manufacture, import, export, provide, transport and/or use fireworks according to this Decree.

2. Conducting research, creating, manufacturing, trading, importing, exporting, storing, transporting or using consumer fireworks or pyrotechnic compositions illegally.

3. Carrying pyrotechnics or pyrotechnic compositions into or out of territory of Socialist Republic of Vietnam or into restricted areas, restricted zones, protected areas and protected targets.

4. Abusing or exploiting pyrotechnics to violate national security, social order, safety, life, health, property, legal rights and benefits of agencies, organizations and individuals.

5. Exchanging, gifting, giving, sending, borrowing, lending, hiring, leasing or mortgaging fireworks or pyrotechnic compositions to illegally manufacture pyrotechnics; transporting, preserving or disposing pyrotechnics in an unsafe manner or in a manner that affects the environment.

6. Appropriating, trading, exchanging, gifting, giving, borrowing, lending, hiring, leasing, mortgaging, fabricating, falsifying or modifying pyrotechnic-related certificates.

7. Assigning fireworks or pyrotechnic compositions to ineligible agencies, organizations or individuals as per the law.

8. Guiding, training, or organizing training on production, manufacturing or using pyrotechnics illegally in any shape or form.

9. Intentionally providing false information on managing and preserving pyrotechnics or pyrotechnic compositions; failing to promptly report, concealing or falsifying information on losses, incidents or accidents related to pyrotechnics and pyrotechnic compositions.

Article 6. Management and preservation of pyrotechnics and pyrotechnic compositions

1. Management and preservation of consumer fireworks, fireworks and pyrotechnic compositions must meet following requirements:

a) Ensuring security, order, safety and fire safety requirements as per the law; and

b) Location for storage and preservation of consumer fireworks, fireworks and pyrotechnic compositions must be guaranteed in terms of security, order, safety, fire safety, lightning protection, static control and environmental protection according to national technical regulations, national technical standards and relevant law provisions;

c) Location for storage and preservation of consumer fireworks, fireworks and pyrotechnic compositions must develop regulations on ensuring security, order, safety, fire protection; develop protection measures, assign guard forces and organize guard around the clock; examine, control security, safety, fire safety, fire fighting conditions for individuals and vehicles entering, leaving and working in storage area; install restriction signs and signs for regulations related to safety, fire prevention; post procedures for arranging, preserving, extracting and supplying; emergency response plans; fire prevention, rescue and evacuation measures; security and order measures, plans or measures for preventing and responding to chemical hazards; fully equip fire prevention and firefighting equipment and devices.

2. For pyrotechnics and pyrotechnic compositions collected from cases and agencies, submitting organizations and individuals must stringently manage and preserve the pyrotechnics, pyrotechnic compositions as per the law; storage must conform to Point c Clause 1 of this Article.

3. Processes of handling, transporting and preserving pyrotechnics and pyrotechnic compositions must avoid dramatic impact and sources of heat or electricity; prohibit fire or objects that can produce fire or sparks.

Article 7. Disposal of pyrotechnics and pyrotechnic compositions

1. Disposal of pyrotechnics and pyrotechnic compositions must ensure safety, completely nullify function or use, render the pyrotechnics and pyrotechnic compositions irreversible to their original states and comply with procedures approved by competent authorities.

2. Heads of military agencies of districts or police authorities of districts shall approve measures consisting of: Time, location, methods of disposal, compositions of disposal councils, measures for preventing, responding to incidents that occur during disposal process and minimizing impact on the environment. Disposal of location must be isolated, situated away from residential areas and public structures, and be able to minimize impact on the environment.

3. Disposal methods:

a) For pyrotechnics and casings which are made of non water-resistant materials, remove packaging and wrapping and submerge in water until the casings and contents are completely separate. Extract all materials that do not dissolve in water, dry and dispose by burning or burying; the remaining liquid containing chemicals must be buried in locations approved by heads of military commands of districts or police authorities of districts or higher;

b) For pyrotechnics and casings which are made of water-resistant materials, separate the casings and pyrotechnic compositions. Dispose the casings by burning or burying; dispose pyrotechnic compositions by submerging in water until the pyrotechnic compositions has been impregnated with water to an extent that it can no longer explode, drying the residues and drying or burning at locations approved by heads of military commands of districts or police authorities of districts or higher;

c) For pyrotechnic compositions, perform as instructed under Point b of this Clause.

4. Procedures for disposal

a) After receiving disposal decisions of competent agencies, military commands of districts or police authorities of districts or higher must form councils for disposal and develop disposal methods. Compositions of councils for disposal shall include: Representative of disposal agencies acting Chairpersons; representatives of specialized technical agencies and agencies for state management in environment sector of districts and People’s Committees of communes where the disposal locations situate acting council members. Disposal methods must ensure absolute safety and minimal impact on the environment;

b) After disposing, examine the disposal locations to ensure that all disposed pyrotechnics cannot regain their functions and/or uses. Disposal results must be kept records and bear confirmation of Chairpersons and council members.

5. In case pyrotechnics or pyrotechnic compositions remain, are damaged or expired as a result of manufacturing process, heads of organizations or enterprises shall dispose pyrotechnics and pyrotechnic compositions according to procedures approved by competent agencies affiliated to Ministry of National Defense. After disposing, report to supervisory military commands and police authorities.

Article 8. Judicial expertise regarding pyrotechnics and pyrotechnic compositions

1. Competent agencies capable of performing judicial expertise regarding pyrotechnics and pyrotechnic compositions include:

a) Institute of Criminal Science affiliated to Ministry of Public Security;

b) Department of Criminal Techniques affiliated to provincial police authorities;

Department of Criminal Technical Assessment affiliated to Ministry of National Defense.

2. Procedures for assessing pyrotechnics and pyrotechnic compositions shall conform to Law on Judicial Expertise and the Criminal Code.

Article 9. Cases in which consumer fireworks and fireworks are allowed 

1. Consumer fireworks and fireworks may be used according to Article 11 and Article 17 of this Decree.

2. Agencies and organizations that employ consumer fireworks for performance or competition must receive permission of Prime Minister and be assigned by organizations and enterprises affiliated to Ministry of National Defense to manufacture and supply.

Chapter II

MANAGEMENT AND USE OF PYROTECHNICS

Article 10. Research, manufacturing, import, export and supply of fireworks and explosive pyrotechnic compositions

1. Research, manufacturing and supply of fireworks according to order of regulatory agencies must conform to regulations and law on security, order, fire prevention, environmental protection; include regulations and measures for protection; ensure adequate resources and equipment to meet ability prevent and respond to environmental emergencies; locations for research, manufacturing and storage must ensure separation distance from residential areas, public structures, cultural, social, historical structures, restricted areas, protected areas; managers and employees participating in research and manufacturing must be trained in terms of safety, fire prevention, accident response, occupational safety and hygiene techniques during research and manufacturing.

2. Prime Minister shall decide on organizations and enterprises affiliated to Minister of National Defense allowed to conduct research, manufacture, export, import and/or supply fire firecrackers according to order of regulatory agencies and request of Minister of National Defense. Supply for organizations and agencies which are allowed to employ fireworks only applies to cases specified under Article 11 of this Decree.

3. Research and manufacturing of fireworks according to order of regulatory agencies shall conform to Decree No. 32/2019/ND-CP dated April 10, 2019 of Government on assignment, order placement or bidding for product and public service provision using state budget from recurrent expenditure.

4. Application for export, import permit consists of: Written application which specifies type and quantity of fireworks, explosive pyrotechnic composition, accessories of fireworks and means of transportation; copies of decision on establishment or copies of enterprise registration certificates; letter of introduction and copies of any of following document: ID card, Citizen Identity Card, passport or serviceman certificate of contact.

Documents shall be compiled into a single file and submitted at Police Department on Administrative Management of Social Order, Ministry of Public Security; within 5 working days from the date on which adequate application is received, Police Department on Administrative Management of Social Order, Ministry of Public Security is responsible for issuing import, export permit using form under Annex I attached to this Decree or providing reasons in case of rejection. Export, import permit is valid for 60 days.

Article 11. Cases in which fireworks are allowed

1. Lunar New Year

a) Central-affiliated cities and Thua Thien Hue Province may fire high-range and short-range fireworks for no longer than 15 minutes; other provinces may fire short-range fireworks for no longer than 15 minutes;

b) Time: Lunar New Year’s Eve.

2. Hung Kings Commemoration Day

a) Phu Tho Province may fire short-range fireworks for no longer than 15 minutes at Hung’s King Temple;

b) Time: 9 p.m. of March 9 of lunar calendar.

3. Independence Day

a) Central-affiliated cities and Thua Thien Hue Province may fire high-range and short-range fireworks for no longer than 15 minutes; other provinces may fire short-range fireworks for no longer than 15 minutes;

b) Time: 9 p.m. of September 2.

4. Dien Bien Phu Victory Anniversary

a) Dien Bien Phu Province may fire short-range fireworks for no longer than 15 minutes at Dien Bien Phu City;

b) Time: 9 p.m. of May 7.

5. Liberation Day (April 30 of calendar year)

a) Hanoi City and Ho Chi Min City may fire high-range and short-range fireworks for no longer than 15 minutes;

b) Time: 9 p.m. of April 30.

6. Anniversary for liberation or establishment of provinces and central-affiliated cities.

a) Central-affiliated cities and Thua Thien Hue Province may fire high-range and short-range fireworks for no longer than 15 minutes; other provinces may fire short-range fireworks for no longer than 15 minutes;

b) Time: 9 p.m. of liberation or establishment day of provinces and central-affiliated cities.

7. National or international cultural, tourism and sports events.

8. Other cases shall be decided by the Prime Minister.

Article 12. Entitlement and procedures for allowing firing of fireworks

1. Cases where fireworks are allowed according to Clauses 1, 2, 3, 4, 5, and 6 Article 11 of this Decree shall be decided by People’s Committees of provinces or central-affiliated cities on the basis of practical conditions of local administrative divisions and implemented on the basis of cooperation with Ministry of Culture, Sports and Tourism as per the law.

2. Prime Minister shall decide on cases in which fireworks are fired according in Clauses 7 and 8 Article 11 of this Decree and cases in which firing range or firing duration are altered.

3. Provinces and central-affiliated cities having the need to fire fireworks according to Clauses 7 and 8 Article 11 of this Decree or seeking to alter firing range or firing duration of fireworks shall request Ministry of Culture, Sports and Tourism in writing before 30 days. Written request must specify quantity, firing range, firing spots, time duration and location where fireworks are expected to be fired.

Within 5 working days from the date on which written request is received, Ministry of Culture, Sports and Tourism shall report to Prime Minister.

Article 13. Issuance of transport permit for fireworks and explosive pyrotechnic composition

1. Organizations and enterprises affiliated to Ministry of National Defense assigned by Prime Minister to conduct research, manufacture, import, export or supply fireworks may transport fireworks and explosive pyrotechnic composition.

2. Transportation of fireworks and explosive pyrotechnic composition must satisfy following requirements:

a) Transport permit or transport order of competent agencies is required; and

b) Individuals and specialized vehicles for transporting fireworks and explosive pyrotechnic composition must meet industrial explosive transportation requirements as per the law; and

c) Specialized vehicles satisfying fireworks, explosive pyrotechnic composition transportation, fire prevention and environmental protection requirements must be employed; and

d) fireworks, explosive pyrotechnic composition, fireworks accessories and personnel (other than those responsible for transportation) must not be transported by the same vehicles;

dd) Vehicles transporting fireworks and explosive pyrotechnic composition must not park or stop in crowded areas, residential areas, close to gas filling stations, in the vicinity of important structures in terms of national defense, security, economy, culture and foreign affairs. In case of night rest or accidents, immediately inform the nearest military authorities or police authorities for cooperation and protection if necessary and adopt protective and fire prevention measures.

3. Transportation of fireworks and explosive pyrotechnic composition of organizations and enterprises affiliated to Ministry of National Defense, manufacturing and supply of fireworks and explosive pyrotechnic composition must serve firing of fireworks according to Article 11 of this Decree. Applications and procedures:

a) Application consists of: Written application specifying reasons, quantity and type of fireworks and explosive pyrotechnic composition to be transported, point of departure, destination, duration, route, full name and address of individuals responsible for transportation, vehicle operators, license plates of vehicles; orders of regulatory authorities or import, export permit of competent agencies; letter of introduction and copies of any of following documents: Citizen Identity Card, ID card, passport or servicemen certificates of contact individuals. In case of transportation of fireworks according to Clauses 7 and 8 Article 11 of this Decree, applications must include written consensus of Prime Minister.

b) Documents specified under Point a of this Clause shall be compiled into single application and submitted at General Staff of the Ministry of National Defense;

c) Within 5 working days from the date on which adequate applications are received, General Staff of the Ministry of National Defense shall issue transport permit using Form under Annex IV attached to this Decree or provide written explanation in case of rejection. Transport permit is only eligible for a single transportation instance; return transport permit to issuing agencies within 7 days from the date on which transportation is complete.

Article 14. Eligibility for research, manufacturing, trade, import and export of consumer fireworks and consumer firework pyrotechnic composition

1. Research and manufacturing of consumer fireworks and consumer firework pyrotechnic composition must be implemented by organizations and enterprises and must satisfy following requirements:

a) The organizations and enterprises must be assigned by Minister of National Defense to conduct research and manufacture consumer fireworks and consumer firework pyrotechnic composition;

b) The organizations and enterprises must receive certificates of eligibility for security and order by competent police authorities; must satisfy fire prevention, accident prevention and response and environmental protection requirements;

c) The organizations and enterprises must develop regulations on entering and leaving the premises, measures for guaranteeing security and order, measures for controlling goods transported in and out of the organizations and enterprises, and organize around the clock security guard.

d) The organizations and enterprises must develop regulations, adequately equip, organize forces, examine fire prevention, develop fire prevention measures, evacuate, rescue, organize fire prevention drills and fire prevention measures as per the law;

dd) The organizations and enterprises must adopt measures for reducing, collecting and processing materials, wastes and handling environmental pollution on the spot; not allow toxic chemicals to leak into the environment; ensure adequate resources and equipment to satisfy environmental emergency prevention and response capacities;

e) Locations for research, manufacturing and storage must ensure separation distance from residential areas, public structures, culture, social, historical constructions, protected areas and restricted areas;

g) The organizations and enterprises must obtain adequate devices and equipment to examine and supervise technical specifications and serve quality control during manufacturing processes; have separate testing locations;

h) Products must ensure adequate quality, standards, technical regulations, and bear brands, manufacturing country, year of manufacture and expiry date;

i) Managers and workers directly participating in research and manufacturing must receive technical safety training.

2. Pyrotechnic trade must satisfy following conditions:

a) Only organizations and enterprises affiliated to Ministry of National Defense may trade consumer fireworks and must receive certificates of eligibility for security and order by competent police authorities; must satisfy fire prevention, accident prevention and response and environmental protection requirements;

b) Storage, means of transportation, equipment and tools serving pyrotechnic trade must be adequate and satisfactory to preservation, transportation and fire prevention conditions;

c) Managers and attendants related to pyrotechnic trade must receive thorough technical safety training;

d) Only trade consumer fireworks that are conforming to technical standards and technical regulations as per the law.

3. Import and export of consumer fireworks and consumer firework pyrotechnic composition must satisfy following requirements:

a) Organizations and enterprises affiliated to Ministry of National Defense permitted to conduct research and manufacture consumer fireworks and consumer firework pyrotechnic composition may import and export consumer fireworks and consumer firework pyrotechnic composition;

b) Import and export consumer fireworks must satisfy technical regulations and technical standards; bear labels containing types, brands, number, code, manufacturing country, year of manufacture and expiry date.

Article 15. Procedures for issuance of pyrotechnic and consumer firework pyrotechnic composition import, export permit

1. Application consists of: Written application which specifies type and quantity of consumer fireworks, consumer firework pyrotechnic composition and means of transportation; copies of decision on establishment or copies of enterprise registration certificates; letter of introduction and copies of any of following document: ID card, Citizen Identity Card, passport or serviceman certificate of contact.

2. Documents shall be compiled into a single file and submitted at Police Department on Administrative Management of Social Order, Ministry of Public Security; within 5 working days from the date on which adequate application is received, Police Department on Administrative Management of Social Order, Ministry of Public Security is responsible for issuing import, export permit using form under Annex II attached to this Decree or providing reasons in case of rejection.

3. Export, import permit is valid for 60 days.

Article 16. Procedures for issuance of pyrotechnic procurement and transportation permit for commercial purposes

1. Procedures for issuance of pyrotechnic procurement permit for commercial purposes

a) Organizations and enterprises affiliated to Ministry of National Defense upon procuring consumer fireworks for commercial purposes must prepare application consisting of: Written application for issuance of pyrotechnic procurement permit, which specifies quantity, type, name of organizations and enterprises manufacturing and trading consumer fireworks; letter of introduction together with copies of any of following documents: Citizen Identity Card, ID card, passport or servicemen certificate of contact;

b) Documents shall be compiled into a single file and submitted at Police Department on Administrative Management of Social Order, Ministry of Public Security; within 5 working days from the date on which adequate application is received, Police Department on Administrative Management of Social Order, Ministry of Public Security is responsible for issuing procurement permit using form under Annex III attached to this Decree or providing reasons in case of rejection;

c) Pyrotechnic procurement permit for commercial purposes shall remain valid for 30 days.

2. Procedures for issuance of pyrotechnic transportation permit for organizations and enterprises for commercial purposes

a) Application consists of: Written application specifying reasons, quantity and type of consumer fireworks to be transported, point of departure, destination, duration, route, full name and address of individuals responsible for transportation, vehicle operators, license plates of vehicles; letter of introduction and copies of any of following documents: Citizen Identity Card, ID card, passport or servicemen certificates of contact individuals;

b) Documents shall be compiled into a single file and submitted at Police Department on Administrative Management of Social Order, Ministry of Public Security; within 5 working days from the date on which adequate application is received, Police Department on Administrative Management of Social Order, Ministry of Public Security is responsible for issuing transportation permit using form under Annex IV attached to this Decree or providing reasons in case of rejection;

c) Transport permit is only eligible for a single transportation instance; return transport permit to issuing agencies within 7 days from the date on which transportation is complete.

Article 17. Use of consumer fireworks

1. Agencies, organizations and individuals having full legal capacity may use consumer fireworks during: National holidays, Tet holiday, marriage, conventions, grand openings, anniversaries, cultural and art activities.

2. Agencies, organizations and individuals shall only purchase consumer fireworks at organizations and enterprises eligible for manufacturing and trading consumer fireworks.

Article 18. Technical safety training in manufacturing, management, preservation and use of consumer fireworks, fireworks and pyrotechnic composition 

1. Following individuals must receive technical safety training in manufacturing, management, preservation and use of consumer fireworks, fireworks and pyrotechnic composition:

a) Managers;

b) Workers directly manufacturing fireworks and explosive pyrotechnic composition;

c) Individuals assigned to manage storage of fireworks and explosive pyrotechnic composition;

d) Firing commanders of fireworks;

dd) Users of fireworks;

e) Individuals guarding and unloading at storage of fireworks and explosive pyrotechnic composition; individuals escorting and operating fireworks and explosive pyrotechnic composition.

2. Following individuals must receive technical safety training in manufacturing and trade of consumer fireworks:

a) Managers;

b) Workers directly manufacturing consumer fireworks and consumer firework pyrotechnic composition;

c) Individuals assigned to manage storage of consumer fireworks and consumer firework pyrotechnic composition.

3. Training details

a) Regulations and law in manufacturing, managing, preserving and using fireworks and pyrotechnic composition; manufacturing and trading consumer fireworks;

b) Safety requirements when making contact with consumer fireworks, fireworks and pyrotechnic composition; management measures and safety techniques in manufacturing, managing, preserving and using fireworks, pyrotechnic composition and in manufacturing, trading consumer fireworks; disposing consumer fireworks, fireworks and pyrotechnic composition; danger signs and symbols of packages, containers and transportation; arrangement and preservation methods of consumer fireworks, fireworks and pyrotechnic composition; safety requirements during unloading, preservation and transportation processes;

c) Identification of risks, danger factors and risk assessment regarding security, safety, fire prevention and natural disasters in manufacturing, management, preservation and use of consumer fireworks, fireworks and pyrotechnic composition;

d) Response training in case of incidents during manufacturing, management, preservation and use of consumer fireworks, fireworks and pyrotechnic composition;

dd) Requirements when operating manufacturing machinery and equipment and safety working measures;

e) Requirements for storage, devices and equipment satisfactory to safety, fire prevention, lightning protection and static control of storage conditions;

g) Components, characteristics, classification and quality of consumer fireworks, fireworks and pyrotechnic composition; regulations on experimenting, examining and quality control measures for consumer fireworks and fireworks; requirements for packaging and labeling consumer fireworks, fireworks and pyrotechnic composition;

h) Procedures for extraction, input and inventory of consumer fireworks, fireworks and pyrotechnic composition;

i) Firing methods and safety measures for fireworks; impact of firing fireworks on constructions, the environment and human beings; identification of separation distance when firing fireworks; development of firing methods for fireworks.

4. Training procedures

a) Training application consists of: Written request of agencies, organizations and enterprises; Letter of introduction together with copies of any of following documents: Citizen Identity Card, ID card, passport or servicemen certificates of contact individuals; list of individuals participating in training which specifies: Full name, date of birth, occupational position, specialty level and occupational titles; attach 2 3x4 cm portrait photos in mandated uniforms (photos must be taken within 6 months from the date on which applications are received);

b) Applications shall be compiled into a single document and submitted at agencies specified under Clause 6 of this Article. Within 5 working days from the date on which adequate applications are received, competent authorities are responsible for examining applications and organizing training.

5. Competent agencies shall organize training as follows:

a) Developing plans and issuing decisions on organizing training courses;

b) Assigning training officials satisfactory to standards for providing training;

c) Within 3 working days from the date on which decisions on organizing training courses are issued, competent authorities specified under Clause 6 of this Article are responsible for informing applicants in writing and organizing training courses;

d) After organizing training courses, establishing examination councils consisting of: Representatives of competent agencies capable of providing training who shall act as Chairpersons; representatives of Police Department on Administrative Management of Social Order, Ministry of Public Security and General Department of Military Industries and Manufacture, Ministry of National Defense; representatives of applicants who act as council members and issuing certificates for completion of technical safety training regarding management, manufacturing, preservation and use of consumer fireworks, fireworks and pyrotechnic composition using form under Annex V attached to this Decree. Certificates for completion of technical safety training shall remain valid for 4 years.

6. Entitlement for providing training: General Department of Military Industries and Manufacture, Ministry of National Defense shall take charge and cooperate with relevant agencies in organizing training, examination and issuing certificates for completion of technical safety training for entities under management of Ministry of National Defense; Police Department on Administrative Management of Social Order, Ministry of Public Security shall take charge and cooperate with relevant agencies in organizing training, examination and issuing certificates for completion of technical safety training for entities under management of Ministry of Public Security.

Article 19. Responsibilities of organizations and enterprises permitted to conduct research, manufacture, import and export consumer fireworks, fireworks and pyrotechnic composition

1. Regularly and continuously maintaining security, order, fire prevention, accident prevention and response, environmental protection, occupational safety and hygiene requirements during research, manufacturing, import and export of consumer fireworks, fireworks and pyrotechnic composition.

2. Manufacturing, trade, import and export of consumer fireworks, fireworks and pyrotechnic composition must satisfy technical regulations and technical standards; bear labels containing types, brands, manufacturing country, year of manufacture and expiry date.

Chapter III

REPSONSIBILITIES OF MINISTRIES AND PEOPLE’S COMMITTEES OF PROVINCES AND CENTRAL-AFFILIATED CITIES

Article 20. Responsibilities of Ministry of Public Security

1. Assisting the Government in performing unified state management regarding pyrotechnics in protecting national security, ensuring social security and order and crime prevention.

2. Exercising governmental authority regarding pyrotechnics according to this Decree and other relevant law provisions, including:

a) requesting the Government to issue, revise or issuing legislative documents on management and use of pyrotechnics within their competence;

b) publicizing legislative documents on management and use of pyrotechnics; mobilizing the general public to turn in pyrotechnics;

c) organizing application and issuing pyrotechnic-related license as per the law;

d) preventing and taking actions against violations to pyrotechnic laws;

dd) organizing retrieval, classification, preservation, dissolution and disposal submitted by agencies, organizations and enterprises under management of Ministry of Public Security;

e) inspecting management and use of pyrotechnics for entities within management of Ministry of Public Security;

g) listing and consolidate situations and results on management and use of pyrotechnics within their competence;

h) examining, inspecting, handling complaints, accusations; commending and taking actions against violations to pyrotechnic use and management;

i) Minister of Public Security shall publicize list of consumer fireworks and fireworks and specific HS schedules of pyrotechnics.

3. Taking charge and cooperating with Ministry of Industry and Trade and Ministry of National Defense in developing safety technical regulations in research, manufacturing, trade, preservation, use and disposal of pyrotechnics.

Article 21. Responsibilities of Ministry of National Defense

1. Directing border defense forces, coast guard, militia and self-defense forces to investigate and control at border areas, seas and islands to detect and deal with illegal trade, transportation or concealment of pyrotechnics.

2. Based on fireworks sale plans of local governments, actively organizing manufacture of fireworks to meet required quantity and quality. Supplying fireworks to entities and local governments which are permitted to organize firing of fireworks as per the law.

3. Directing and guiding organizations and enterprises affiliated to Ministry of National Defense permitted to conduct research, manufacture, import, export, supply and transport fireworks, explosive pyrotechnic composition, consumer fireworks, consumer firework pyrotechnic composition to management use pyrotechnics as per the law.

4. Directing and guiding relevant national defense entities to prepare human resources, technical equipment and devices, and organizing firing of fireworks while guaranteeing safety, fire prevention and environmental protection.

5. Issuing transport license or transport order to entities according to Clause 3 Article 13 of this Decree.

6. Taking charge and cooperating with Ministry of Public Security and People’s Committees of provinces or central-affiliated cities in transporting and firing fireworks safely and as per the law.

7. Cooperating with Ministry of Public Security in managing, preserving and disposing pyrotechnics.

Article 22. Responsibilities of the Ministry of Culture, Sports and Tourism

1. Monitoring and examining firing of fireworks in local governments; consolidating situations, reports and propositions and submitting to Prime Minister to direct ministries and local governments in organizing firing of fireworks.

2. Taking charge and cooperating with Ministry of National Defense and People’s Committees of provinces and central-affiliated cities in organizing international consumer firework competitions in Vietnam after receiving permission from Prime Minister.

3. Reporting and requesting Prime Minister to consider and decide on changing firing range and duration of fireworks for cases specified under Clause 3 Article 12 of this Decree.

Article 23. Responsibilities of relevant ministries

1. Ministry of Industry and Trade is responsible for directing authorities to examine, control, prevent, detect, interfere and take actions against illegal manufacturing, trade, transportation, concealment, import, export or use of pyrotechnics.

2. Ministry of Finance is responsible for directing customs authorities to closely control border checkpoints to prevent and handle illegal import and export of pyrotechnics; ensuring adequate expenditure on organizing implementation of this Decree.

3. Ministry of Information and Communications is responsible for directing information and communication agencies to publicize regulations of law on management and use of pyrotechnics; publicize and mobilize the general public to detect and submit pyrotechnics.

4. Ministry of Education and Training and Ministry of Labor – War Invalids and Social Affairs within their functions and tasks are responsible for publicizing regulations and law on managing and using pyrotechnics in education system.

5. Relevant ministries within their tasks and powers are responsible for elaborating to management and use of pyrotechnics, providing figures serving state statistical report and implementing other tasks regarding pyrotechnic state management.

6. Vietnam Fatherland Front and socio-political organizations shall publicize and mobilize the general public to comply with regulations of law on use of pyrotechnics.

Article 24. Responsibilities of People’s Committees of all levels

1. Publicizing and providing education on regulations and law on management and use of pyrotechnics.

2. Organizing implementation of regulations and law on management and use of pyrotechnics.

3. Ensuring expenditure on organizing firing of consumer fireworks at local administrative divisions as per the law.

4. Closely managing and complying with regulations and law on consumer firework firing range, time, duration and location. Informing implementation results to Ministry of Public Security and Ministry of Culture, Sports and Tourism.

5. Examining, inspecting, handling complaints, accusations; commending and taking actions against violations to pyrotechnic use and management.

Chapter IV

IMPLEMENTATION

Article 25. Entry into force

This Decree comes into force from January 11, 2021 and replaces Decree No. 36/2009/ND-CP dated April 15, 2009 of the Government on management and use of pyrotechnics.

Article 26. Responsibility for implementation

Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities, and relevant organizations, individuals are responsible for the implementation of this Decree./.

 

PP. GOVERNMENT PRIME MINISTER Nguyen Xuan Phuc