Correct understanding of the regulation 'people are allowed to shoot fireworks'

Distinguishing between fireworks and fireworks explosions

After more than 10 years of being in effect, Decree 36/2009 regulating the management and use of fireworks has revealed a number of limitations and is not suitable for current management conditions, such as not clearly stating the cases of fireworks (not exploding) and fireworks that explode. Meanwhile, in recent years, fireworks that make explosions have caused many fatal accidents and caused great economic losses. In addition to the use offireworkillegal explosions, in the past, many organizations and individuals have illegally bought and sold fireworks (not explosive), but handling them has been difficult because the concept is unclear. In response to that reality, the Ministry of Public Security chaired the drafting of Decree 137/2020, separating the concept of fireworks including fireworks and explosive fireworks. This is the remarkable new point of this Decree.

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

In Article 17, Decree 137 allows agencies, organizations, businesses, and individuals who only have full civil capacity to use fireworks on holidays, New Year, birthdays, weddings, conferences, openings, anniversaries, and in cultural and artistic activities. However, this regulation notes that agencies, organizations, and individuals, when using fireworks, can only buy fireworks from organizations and businesses licensed to produce and trade fireworks. In addition, this decree also specifically stipulates cases in which fireworks can be organized. At the same time, many prohibited acts in the management and use of fireworks are added. In particular, it has been more specifically regulated with 9 prohibited acts in the use of fireworks, compared to 4 general acts as before.

The Decree with many new points has created special attention from public opinion. Many people support it because they think that this is a real need of the people, but there are also concerns about the risk of fire, pollution, and security and order. There are even many people who misunderstand that all types of fireworks will be allowed to be burned, "the smell of firecrackers has returned" during holidays and Tet. Along with that, many people are wondering if they want to burn fireworks on their birthdays, do they have to register with the authorities?

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

Regarding this issue, a provincial police leader said that first of all, people need to distinguish between the concepts of fireworks and explosive fireworks to avoid confusion. Decree 137 has regulations on the cases in which fireworks can be used, but currently, some people and organizations do not clearly understand the concept of "fireworks" when they think that fireworks are also explosive fireworks or the type of fireworks fired by the Ministry of National Defense at events or the type of fireworks that people are illegally burning during holidays and Tet.

Fireworks that people are allowed to use, according to the provisions of Article 3, Clause 1b, Decree 137, are products that are manufactured by hand or industrially, when impacted by mechanical, thermal, chemical or electrical stimulation, creating sound, color and light effects in space, without causing an explosion. This type of firework does not contain explosives and does not pose a direct danger to human life and health. In fact, people used this type of firework on weddings and birthdays before Decree 137 was issued.

The militia and self-defense forces coordinate to organize security and firework displays to celebrate major holidays in the city. Photo courtesy of Trong Kien

Explosive fireworks are products that, when stimulated by mechanical, electrical, thermal, or chemical impulses, create whistling sounds, explosions, and effects, and colorful lights in space. These fireworks are also called explosive fireworks and are absolutely forbidden for people to use. Thus, people are only allowed to use fireworks that do not contain explosives, do not cause explosions, only make a hissing sound, and are not fireworks that explode in the sky. As for explosive fireworks, people are absolutely not allowed to use them. In addition, Decree 137 also stipulates that people who use fireworks must be "people with full civil capacity", that is, people who are 18 years of age or older, not mentally ill, not declared by a court to have lost civil capacity or have limited civil capacity to use fireworks.

Must have clear origin

To buy the right type of fireworks that are allowed to be used, people can only buy this type of fireworks from agencies and businesses under the Ministry of National Defense, because this type of fireworks is onlyMinistry of Defenseare allowed to be produced, not sold widely. When people celebrate birthdays or weddings and want to set off fireworks, they do not need to register with the government. They only need to be 18 years old and have the capacity to act. To put it simply, when organizing weddings, people usually set off fireworks that do not make noise, only emit light and color. This is the type of fireworks that people will soon be allowed to use. Explosive fireworks are still absolutely prohibited because this type of fireworks contains explosives, is dangerous, and if people use them, they will still be held criminally responsible or administratively punished.

Fireworks on the occasion of the holiday 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 regulations and does not allow individuals to use fireworks on holidays, New Year, birthdays, weddings, etc., but only stipulates more specifically the authority and procedures for using fireworks on holidays, New Year, tourism, cultural and sports events of the nation. For the common type of fireworks that we have long used on weddings, birthdays, etc., in Decree 137, they are officially specifically defined and included in the Decree for the State to manage more closely. For fireworks, the Decree also clearly stipulates the individuals and organizations that are allowed to use them and the specific time of use.

The Provincial Police leader said that in the coming time, the unit will disseminate and thoroughly understand the new content of the Decree and organize propaganda for people to clearly understand the legal regulations related to firework 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 firework.

Visitors enjoy a brilliant fireworks display at the sunflower festival. Photo courtesy of Thanh Chung

In 1994, in the face of widespread firecracker use that killed and injured many people,Prime Ministerissued a directive from January 1, 1995, strictly prohibiting the production, trading and burning of all types of firecrackers and explosives nationwide (except fireworks and fireworks chemicals). Organizations and individuals who violate the law, in addition to having their exhibits confiscated and fireworks and explosives destroyed, will also be fined. In addition to being administratively fined 1-2 million VND, people who set off fireworks can be prosecuted for "Disturbing public order" or "Intentionally causing injury" according to the 2015 Penal Code.