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.
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Nghị định 137/2020/NĐ-CP về quản lý, sử dụng pháo (Bản Pdf)
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