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Consequently, there is notable new content that allows agencies, organizations and individuals to use fireworks in certain cases.
Specifically, in accordance with article 17 of Decree 137/2020 / ND-CP, agencies, organizations and people with full civil act capacity can use fireworks in the cases of festivals, holidays, birthdays, weddings, conferences, inaugurations, anniversaries and in cultural and artistic activities.
At the same time, when using fireworks, only buy fireworks from organizations and companies that are authorized to produce and market fireworks.
Point b, Clause 1, Article 3 of Decree No. 137/2020 / ND-CP clearly explains that fireworks are manufactured, produced manually or industrially, under the impact of mechanical, thermal, chemical or electrical stimuli. Create sound, light and color effects in space, not explosions.
The permission for agencies, organizations and individuals to use fireworks in the above cases is completely appropriate to reality, satisfying the spiritual life of people and guaranteeing safety (as for people with full capacity to use civil act, not allowing the use of children …).
Please note that, according to Clause 4, Article 5 of Decree 137/2020 / ND-CP, the abuse and use of fireworks is strictly prohibited to infringe national security, social order, safety, life, legitimate health, property, rights and interests of agencies, organizations and individuals.
This Decree enters into force on January 11, 2021 and replaces Decree 36/2009 / ND-CP.
PEOPLE WITH FULL CIVIL CAPACITY
According to article 20 of the Civil Code of 2015, a person over 18 years of age has full capacity to carry out civil acts, except in the cases provided for in articles 22, 23 and 24.
Article 22. Loss of civil act capacity
1. When a person suffers from a mental illness or other illness but cannot perceive or control the acts, at the request of persons with related rights and interests or interested bodies or organizations, the Court will issue a decision to declare this person incapable of carry out civil acts based on the findings of the forensic mental examination.
When there are no grounds to declare that a person loses the capacity to act as a civil act, at the request of that person or persons with related rights and interests or of the interested bodies or organizations, the Court will issue a resolution of cancellation. abolishing the decision to declare itself incapable of carrying out civil acts.
2. The civil transactions of persons with incapacity to carry out civil acts must be established and carried out by their legal representatives.
Article 23.- People with difficulties in the cognitive and behavioral domain
1. For an adult who, due to a physical or mental condition, is incapable of cognitive or behavioral control but has not yet lost the capacity of civil act, at the request of this person, people with rights and interests The Court, based on the conclusion of the forensic mental examination, related to or from an interested agency or organization, will declare this person as a person with cognitive difficulties, behavior control and will designate a person. guardian, determine the rights and obligations of the guardian.
2. When there are no more grounds to allege that a person has difficulties in controlling cognition and behavior, at the request of that person or of persons with related rights and interests or of interested bodies or organizations, the court issued a judgment of annulment of the sentence declaring the person with cognitive difficulties and behavior control.
Article 24. Restrictions on the ability to act civil
1. Drug addicts and other stimulants that lead to the destruction of their family assets, at the request of people with similar rights and interests or interested agencies or organizations, the Court may issue The decision to declare this person is a person with limited capacity of civil act.
The Court decides on the legal representative of the person with limited civil act capacity and scope of representation.
2. The establishment and realization of civil transactions related to the property of a person declared limited by a court to have limited capacity for civil acts, must have the consent of the legal representative, except transactions destined to the service of the needs of the daily life or the relevant law.
3. When there are no more grounds to declare that a person has limited capacity to act civil, at the request of that person or of persons with related rights and interests or of the interested bodies or organizations, the Court will issue a decision to annul a decision that declares the limited capacity of civil acts.
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