How is the sale of fireworks handled?
(Baonghean.vn) - Ms. Nguyen Thi Hoa in Con Cuong district asked what is firecracker? How will the act of trading and transporting firecrackers be handled according to the law?
Reply:
Pursuant to the provisions of Point a, Clause 1, Article 3 of Decree No. 137/2020/ND-CP on management and use of fireworks, it is stipulated that:
- Fireworks are products that are manufactured, handcrafted or industrially produced, when impacted by mechanical, thermal, chemical or electrical stimuli, causing an explosion or causing a whistling sound, explosion and color effects in space.
Current laws clearly stipulate prohibited acts in the management and use of fireworks. Accordingly, all acts of illegal production, trading, storage, transportation, and use of fireworks will be handled according to regulations.
On administrative handling
Article 11 of Decree No. 144/2021/ND-CP dated December 31, 2021 of the Government stipulating sanctions for administrative violations in the fields of security, order, social safety; prevention and control of social evils; fire prevention and fighting; prevention and control of domestic violence stipulates sanctions"Violation of regulations on management and use of weapons, explosives, explosive precursors, explosive precursors, supporting tools, fireworks and prohibited dangerous toys"as follows:
- A fine of 1,000,000 VND to 2,000,000 VND shall be imposed for circulating licenses on management and use of fireworks that are no longer valid.
- A fine from VND 2,000,000 to VND 5,000,000 for one of the following acts:
+ Appropriating, exchanging, buying, selling, giving, donating, borrowing, lending, renting, leasing, mortgaging, accepting mortgage of all types of licenses, certificates, certifications, and certifications regarding fireworks;
+ Forging licenses, certificates, certifications, and certifications on fireworks;
+ Concealing, assisting others or failing to report acts of illegally manufacturing, producing, carrying, buying, selling, repairing, exporting, importing, storing, transporting, using or destroying fireworks;
+ Lost license, certificate, certificate, certificate of fireworks;
+ Failure to report, untimely reporting, concealing or falsifying information on the loss, leakage, accidents or incidents of fireworks;
+ Delivering fireworks and explosives to agencies, organizations and individuals that do not meet the conditions prescribed by law;
+ Erasing, correcting or distorting the content of licenses, certificates, certifications or certifications on fireworks.
- A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of exchanging, giving, donating, sending, borrowing, lending, renting, leasing, or pawning explosive fireworks, smuggled fireworks, or firecrackers to illegally produce fireworks.
- A fine from VND 10,000,000 to VND 20,000,000 for one of the following acts:
+ Illegally transporting or storing fireworks, firecrackers or raw materials and accessories for producing fireworks;
+ Illegally instructing, training, or organizing training on how to manufacture, produce, repair, or use fireworks in any form.
- A fine of 20,000,000 VND to 40,000,000 VND shall be imposed for illegally bringing fireworks into or out of the territory of the Socialist Republic of Vietnam or bringing them into prohibited places, restricted areas, protected areas and protected targets.
In addition to being administratively sanctioned, people who commit acts related to the illegal production, purchase, sale, storage, transportation, possession, and use of fireworksmay also be subject to criminal prosecution.according to the crimes prescribed in the Penal Code 2015, amended and supplemented in 2017 specifically:
– For the crime of manufacturing and trading in prohibited goods (Article 190 – Penal Code 2015): Anyone who manufactures or trades in firecrackers or fireworks of 6 kg or more will be fined from 100 million to 3 billion or imprisoned from 1 year to 15 years.
– For those who commit the crime of storing or transporting prohibited goods (Article 191 – Penal Code 2015): Anyone who stores or transports firecrackers or fireworks weighing 6 kg or more will be fined from 50 million to 1 billion or imprisoned from 6 months to 10 years.
– Crime of disturbing public order: People who illegally set off firecrackers or fireworks that negatively affect security, order, and social safety may be fined from 5 million to 50 million VND, sentenced to non-custodial reform, or imprisoned from 03 months to 07 years.
In addition, if one commits the act of trading or illegally transporting fireworks across the border, one will be responsible for the crime of smuggling or the crime of illegally transporting goods across the border.
If setting off firecrackers or fireworks causes serious damage to the life, health, or property of others, the violator may be prosecuted for other crimes equivalent to the serious consequences to life, health, or property caused by the act of setting off firecrackers.
