Chương I: Nghị định 137/2020/NĐ-CP về quản lý, sử dụng pháo Quy định chung

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.