Understanding the regulation that 'citizens are allowed to set off fireworks' correctly.

Distinguishing between fireworks and firecrackers

After more than 10 years in effect, Decree 36/2009 regulating the management and use of fireworks has revealed some limitations and inconsistencies with current management conditions, such as not clearly defining what constitutes non-explosive fireworks and explosive fireworks. Meanwhile, in recent years, various types of fireworks that produce explosive sounds have caused numerous fatal accidents and significant economic losses. Besides this, the use of fireworks is also problematic.fireworkIllegal fireworks have been a problem. Recently, many organizations and individuals have been illegally buying and selling non-explosive fireworks, but enforcement has been difficult due to a lack of clear definition. In response to this, the Ministry of Public Security spearheaded the development of Decree 137/2020, separating the concept of fireworks into distinct categories: firecrackers and explosive fireworks. This is a noteworthy new feature of the Decree.

A shipment of explosive fireworks was intercepted in Nghe An province. Photo: CTV

Article 17 of Decree 137 allows agencies, organizations, businesses, and individuals with full civil capacity to use fireworks during holidays, festivals, birthdays, weddings, conferences, opening ceremonies, anniversaries, and cultural and artistic activities. However, this regulation notes that agencies, organizations, and individuals using fireworks may only purchase them from organizations and businesses authorized to manufacture and trade fireworks. Furthermore, this decree specifies the circumstances under which fireworks displays are permitted. It also adds several prohibited acts in the management and use of fireworks. Specifically, it now outlines nine prohibited acts in the use of fireworks, compared to the four general acts previously prohibited.

The decree, with its many new provisions, has generated significant public interest. Many support it, arguing that it addresses a real need of the people, but there are also concerns about the risk of fire, pollution, and public order and security. Some even mistakenly believe that all types of fireworks can be set off, and that the "smell of gunpowder has returned" during holidays and festivals. Furthermore, many wonder if they need to register with the authorities to set off fireworks on their birthdays.

Two students with 28 kg of self-rolled firecrackers. (Photo courtesy of PV)

Regarding this issue, a provincial police leader stated that, first and foremost, people need to distinguish between the concepts of fireworks and firecrackers to avoid confusion. Decree 137 stipulates the cases in which fireworks may be used, but currently, some people and organizations do not fully understand the concept of "fireworks," believing that fireworks are the same as firecrackers, or that they are the type of fireworks fired by the Ministry of National Defense at events, or the type of fireworks that people are illegally setting off during holidays and festivals.

According to Article 3, Clause 1b of Decree 137, fireworks permitted for public use are those produced manually or industrially, which, upon the impact of mechanical, thermal, chemical, or electrical impulses, create sound, color, and light effects in space without causing explosions. These are fireworks without explosives and do not pose a direct threat to human life or health. In fact, people had already used these types of fireworks for weddings and birthdays before Decree 137 came into effect.

Militia forces coordinate security and fireworks displays to celebrate major holidays in the city. (Photo: Trong Kien)

Explosive fireworks are products that, when subjected to mechanical, electrical, thermal, or chemical impulses, produce a hissing sound, an explosion, and colorful light effects in space. These are also known as explosive fireworks and are absolutely prohibited for public use. Therefore, people are only allowed to use fireworks that do not contain explosives, do not produce an explosion, only a hissing sound, and are not the kind of fireworks that explode when lit in the sky. Explosive fireworks are absolutely forbidden. Furthermore, Decree 137 stipulates that those using fireworks must be "persons with full civil capacity," meaning individuals aged 18 and above, not suffering from mental illness, and not having been declared incapacitated or having their civil capacity restricted by a court.

It must have a clear origin.

To purchase the correct type of fireworks permitted for use, people can only buy them from agencies and businesses under the Ministry of National Defense, because this type of fireworks is only permitted for use in certain situations.Ministry of DefenceFireworks are permitted for production, but not for widespread sale. People celebrating birthdays or weddings who wish to use fireworks do not need to register with the authorities; they only need to be 18 years old and have the legal capacity to do so. Simply put, people usually use fireworks at weddings that don't make explosions, only emit light and color; these are the types of fireworks that will soon be permitted. Explosive fireworks are still strictly prohibited because they contain explosives, are dangerous, and their use can result in criminal liability or administrative penalties.

Fireworks display during the festival in Cua Lo town. (Photo courtesy of PV)

In fact, compared to the previous regulations in Decree 36/2009, Decree 137/2020 still maintains the regulation prohibiting individuals from using explosive fireworks on holidays, birthdays, weddings, etc., but only specifies more clearly the authority and procedures for using explosive fireworks on national holidays, festivals, tourism, cultural, and sports events. Regarding conventional fireworks, such as those we have traditionally used at weddings and birthdays, Decree 137 officially defines them specifically and includes them in the Decree for stricter state management. For explosive fireworks, the Decree also clearly specifies which individuals and organizations are allowed to use them and the specific time frame for their use.

According to the provincial police leadership, in the coming time, the unit will disseminate and thoroughly explain the new content of the Decree and organize propaganda to help people clearly understand the legal regulations related to fireworks management, especially to help people understand what fireworks are and how to use them to avoid unfortunate mistakes in the process of storing, buying, selling and using fireworks.

Visitors enjoyed a spectacular fireworks display at the sunflower festival. (Photo courtesy of Thanh Chung)

In 1994, faced with the widespread use of firecrackers that caused many deaths and injuries,Prime MinisterA directive issued on January 1, 1995, strictly prohibited the production, sale, and use of firecrackers and explosive gunpowder throughout the country (except for fireworks and gunpowder used in fireworks). Organizations and individuals violating this directive will have their confiscated items confiscated and destroyed, and will also be fined. In addition to administrative fines of 1-2 million VND, those who ignite firecrackers may face criminal prosecution for "Disrupting public order" or "Intentional infliction of injury" under the 2015 Penal Code.