How will the crime of manufacturing, transporting and trading in fireworks be punished?
* Reader Nguyen Duc Huy in An Hong ward, Hong Bang district, Hai Phong city, asked: Could you please let the editorial office know how the crime of manufacturing, transporting and selling firecrackers will be punished?
Reply:The issue you asked is regulated in Article 305 of the current Penal Code. Specifically as follows:
1. Anyone who illegally manufactures, stores, transports, uses, trades or appropriates explosives shall be subject to imprisonment from 1 year to 5 years.
2. Committing a crime in one of the following cases shall be punishable by imprisonment from 3 to 10 years:
a) Organized;
b) Explosives of all kinds from 10kg to under 30kg;
c) Large quantities of explosive accessories;
d) Transport and trade across borders;
d) Causing death;
e) Causing injury or damage to the health of another person with a bodily injury rate of 61% or more;
g) Causing injury or damage to the health of 2 or more people, with the total body injury rate of these people from 61% to 121%;
h) Causing property damage from VND 100,000,000 to under VND 500,000,000;
i) Dangerous recidivism.
3. Committing a crime in one of the following cases shall be punishable by imprisonment from 7 to 15 years:
a) Explosives of all kinds from 30kg to under 100kg;
b) There are a large number of explosive accessories;
c) Killing 2 people;
d) Causing injury or damage to the health of 2 or more people, with the total body injury rate of these people from 122% to 200%;
d) Causing property damage from VND 500,000,000 to under VND 1,500,000,000.
4. Committing a crime in one of the following cases shall be punishable by imprisonment from 15 to 20 years or life imprisonment:
a) Explosives of all kinds, 100kg or more;
b) Explosive accessories in particularly large quantities;
c) Causing the death of 3 or more people;
d) Causing injury or damage to the health of 3 or more people, with the total body injury rate of these people being 201% or more;
d) Causing property damage of VND 1,500,000,000 or more.
5. The offender may also be fined from VND 10,000,000 to VND 50,000,000, placed under probation or banned from residence from 1 to 5 years.
*Reader Le Dieu Linh in Phu Tan commune, Chau Thanh district, Soc Trang province, asked:What does the law say about the use of fireworks?
Reply:The issue you asked is regulated in Article 17, Decree No. 137/2020/ND-CP of the Government on the management and use of fireworks. Specifically as follows:
1. Agencies, organizations and individuals with full civil act capacity are allowed to use fireworks in the following cases: Festivals, New Year's, birthdays, weddings, conferences, openings, anniversaries and in cultural and artistic activities.
2. Agencies, organizations and individuals using fireworks may only purchase fireworks from organizations and businesses licensed to produce and trade fireworks.