Starting 11.1.2021: people can make fireworks, not fireworks | News

11/28/2020 Sports, Vietnam



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Decree No. 137/2020 / ND-CP of the Government that regulates “Handling and use of firecrackers”, in force since 1.11.2021, which regulates the cases of organization of fireworks such as: Tet Dan, anniversary of the death of Hung Vuong , National Day, Dien Bien Phu Victory Day …

Must have full civil act capacity

Exchange with YouthLawyer (LS) Tran Minh Cuong (from the Ho Chi Minh City Youth Union) said that current Vietnamese law has regulations on the types and individuals who can shoot fireworks. If you use illegal fireworks, the offender can be administratively sanctioned or even examined to determine criminal responsibility for the offense mentioned.

However, Government Decree 137/2020 / ND-CP, in force since 1.11.2021, stipulates “Agencies, organizations and people with full capacity for civil acts may use fireworks in the following cases: Ceremony, Year New, Birthday, Wedding, Inauguration, Anniversary,… ”. Thus, people who only need to have “full civilian capacity” can use fireworks in accordance with regulations without having to ask permission, Cuong analyzed.

“Adult is a person over 18 years of age with full capacity to act civil, except in the case of being declared disabled or restricted in capacity to act civil. These people are fully subject, have full power to participate in civil relations as independent subjects and are responsible for their actions, ”said attorney Tran Minh Cuong.
“So allowing agencies, organizations and individuals to use fireworks in the above cases is completely consistent with reality, ensuring safety and the encounter with the spiritual life of people. In case people use fireworks and cause harm to a third party, they must take responsibility according to the regulations, ”said LS Cuong.
On the other hand, based on Clause 2, Article 17 of Decree 137/2020 / ND-CP, when fireworks are used, people can only buy fireworks from organizations and companies authorized to produce and market in accordance with the regulations. . Under the law.

Note: Fireworks and explosives must be clearly distinguished.

– Explosive fireworks are firecrackers that cause whistles, explosions, and color effects in space.

Low altitude firecrackers are firecrackers with a diameter of no more than 90mm or a range that does not exceed 120m. High altitude firecrackers are firecrackers with a diameter of more than 90mm or a range of more than 120m.

– Fireworks are manufactured, handcrafted or industrial products that, when affected by pulses of mechanical, thermal, chemical or electrical stimulation, create sound, light or color effects in a space. does not make an explosion.

Point b, Clause 1, Article 3 of Decree 137/2020 / ND-CP
In addition, Government Decree No. 137/2020 / ND-CP on “Management and use of firecrackers” also clearly sets out the responsibilities of agencies, organizations and individuals in the handling and use of firecrackers and firecrackers. It must have the proper purpose, guarantee social order and security, protect human rights, serve socio-economic development …, Mr. Tuan analyzed.

For this reason, the “Decree 137/2020 / ND-CP aims to enable individuals and organizations to use fireworks in a more legal way. The place to use the fireworks will be specified and properly instructed according to the needs and skills allowed by law. Production and sales organizations and people will also be legitimate, legal, will reduce deficiencies than before … ”, said LS Tuan.

Exchange with Youth, Mr. Bui Quoc Tuan said Decree 137/2020 / ND-CP also regulates the cases of fireworks displays such as: Lunar New Year, Hung Vuong Death, National Day, Dien Bien Phu Victory Day. , Victory Day for the Total Liberation of the South, On the occasion of the anniversary of the liberation, establishment of centralized provinces and cities, cultural festival, tourism, national and international sports, school other agreements decided by the Prime Minister.

Decree No. 137/2020 / ND-CP of the Government prohibits the investigation, manufacture, manufacture, commercialization, export, import, storage, transport, use or appropriation of firecrackers; Except for organizations and companies dependent on the Ministry of National Defense that are assigned by the Prime Minister to investigate, produce, import, export, supply, transport and use firecrackers in accordance with the provisions of this Decree. .

Relevant Decree 137/2020 / ND-CP prohibits the act of carrying illegal firecrackers into or out of the territory of the Socialist Republic of Vietnam or entering the prohibited place, restricted area, protected area and protection target. …, analyzed the lawyer Bui Quoc Tuan.



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