Nghị định 36/2009/NĐ-CP quản lý, sử dụng pháo

DECREE

ON MANAGEMENT AND USE OF FIRECRACKERS AND FIREWORKS

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 29, 2005 Law on People's Public Security;
At the proposal of the Minister of Public-Security,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

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Article 2. Subject of application

This Decree applies to Vietnamese agencies, organizations and individuals and foreign organizations and individuals (below referred to as organizations and individuals) conducting activities related to the production, trading, transportation, import, export, storage and use of firecrackers and fireworks and powder thereof.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Firecracker powder means a chemical or chemical mixture which, under the impact of mechanical, thermal, chemical or electrical activation, will cause a fast and sensitive chemical reaction emitting heat, gas and explosion.

2. Firework powder means a chemical or chemical mixture used for the production of fireworks which, under the impact of mechanical, thermal, chemical or electrical activation, will cause high-speed chemical reactions emitting heat, light, gas and possible explosion.

3. Firecracker means a product containing firecracker powder manufactured with different technologies regardless of their origin and place of manufacture, which, under the impact of mechanical, thermal, chemical or electrical activation, will cause explosion.

4. Firework means a product containing firework powder which, under the impact of mechanical, thermal, chemical or electrical activation, will cause chemical reactions, creating colorful light effect with or without explosion.

5. Single firework means low-altitude firework with only one rocket stored in each special-use technical device.

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7. Display of high-altitude fireworks means the use of special-use rocket launchers and equipment to project fireworks to an altitude of over 90 m.

8. Display of low-altitude fireworks means the use of special-use technical equipment (not rocket launchers) to project fireworks to an altitude of 90 m or lower.

Article 4. Prohibited acts

1. Illegally producing, trading, importing, exporting, transporting, storing and using firecrackers and firecracker powder.

2. Illegally producing, trading, importing, exporting, transporting, storing and using fireworks and firework powder.

3. Trading, storing and using explosives taken from bombs, mines, shells, grenades, military-use explosive materials (used for defense and security activities) or industrial explosive materials to illegally manufacture firecracker or fireworks and powder thereof.

4. Using guns and explosive materials in contravention of regulations to cause explosions in replacement of firecrackers.

Article 5. Types of fireworks and firework products permitted for use

1. Fireworks produced or imported by the Ministry of Defense for firework displays permitted by the Prime Minister.

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3. Signal flares used for warning tropical low pressures, storms, floods, salvage and rescue, transport and military activities.

4. Such products as festival paper fireworks (excluding those containing metals), electrical fireworks, decoration fireworks in paper, plastics, bamboo or metal; illuminating incense sticks; products emitting light, color and sound which are used in cultural and artistic activities but do not cause explosion.

Chapter II

FIREWORK DISPLAY MANAGEMENT AND ORGANIZATION

Article 6. Management principles

1. The Government performs the unified management of production, export, import, trading, transportation, preservation and use of fireworks nationwide.

2. The production, transportation, export, import and use of fireworks must ensure safety, thrift and artistic quality, meeting people's entertainment needs.

3. The production of fireworks must satisfy Vietnamese technical standards and meet the conditions on environmental sanitation, labor hygiene and safety and fire and explosion prevention and fighting; and be granted certificates of satisfaction of security and order conditions, issued by a competent police agency according to law.

4. The export and import of fireworks, raw materials and accessories for firework production must be licensed by a competent state agency according to law.

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Article 7. Organization of firework displays

Firework displays will be organized in the following circumstances:

1. Lunar New Year festival

a/ High-altitude and low-altitude fireworks may be displayed for not more than 15 minutes in Hanoi capital, Ho Chi Minh City, Hai Phong, Da Nang and Can Tho cities and Thua Thien Hue province;

b/ Low-altitude fireworks may be displayed for not more than 15 minutes in the remaining provinces.

c/ The firework display time will be at New Year Eve.

2. The death anniversary of Kings Hung (on the 10th of the third lunar month every year)

a/ Low-altitude fireworks will be displayed for not more than 15 minutes at Hung Kings Temple;

b/ The firework display time will be 21:00 hrs of the 9lh of the third lunar month.

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a/ The National Day (September 2)

- High- and low-altitude fireworks will be displayed for not more than 15 minutes in Hanoi capital, Ho Chi Minh City, Hai Phong, Da Nang and Can Tho cities and Thua Thien Hue province;

- Low-altitude fireworks will be displayed for not more than 15 minutes in the remaining provinces.

- The firework display time will be 21:00 hrs on September 2.

b/ Dien Bien Phu Victory anniversary (May 7)

- Low-altitude fireworks will be displayed for not more than 15 minutes in Dien Bien Phu city, Dien Bien province;

- The firework display time will be 21:00 hrs on May 7.

c/ The victory anniversary of complete liberation of South Vietnam and national reunification (April 30)

- High- and low-altitude fireworks will be displayed for not more than 15 minutes in Hanoi capital and Ho Chi Minh City;

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4. On the occasion of liberation and establishment of provinces or centrally inn cities

- High- and low-altitude fireworks will be displayed for not more than 15 minutes in Hanoi capital, Ho Chi Minh City, Hai Phong, Da Nang and Can Tho cities and Thua Thien Hue province;

b/ Low-altitude fireworks will be displayed for not more than 15 minutes in the remaining provinces;

c/ The firework display time will be 21:00 hrs on the local liberation days.

5. National and international cultural, tourist or sport festivals.

6. Other events as decided by the Prime Minister.

Article 8. Competence and procedures to permit firework displays

1. Firework displays specified in Clauses 1, 2, 3 and 4. Article 7 of this Decree will be carried out by organizations or localities according to regulations.

2. Firework displays specified in Clauses 5 and 6, Article 7 of this Decree and the change of firework display altitudes and time will be decided by the Prime Minister.

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Within 7 working days after receiving a written request for firework display, the Ministry of Culture, Sports and Tourism shall submit a written proposal to the Prime Minister for consideration and decision.

Chapter III

RESPONSIBILITIES OF MINISTRIES, BRANCHES AND PEOPLE'S COMMITTEES OF PROVINCES OR CENTRALLY RUN CITIES

Article 9. Responsibilities of the Ministry of Public Security

1. To assist the Government in performing the state management of the production, export, import, trading, transportation, preservation and use of firecrackers and fireworks.

2. To assume the prime responsibility for, and coordinate with concerned ministries and branches in, applying measures to ward off, prevent and handle acts of illegally producing, importing, exporting, trading, transporting, storing and using assorted firecrackers and fireworks.

3. To direct public security forces of units and localities in organizing inspections and patrols preventing, detecting, stopping and handling acts of illegally producing, importing, exporting, trading, transporting, storing and using firecrackers and fireworks, and in ensuring security and order at firework display locations.

4. To grant permits to foreign organizations and individuals for bringing fireworks and firework display equipment from overseas into Vietnam for participation in firework display contests which have been permitted by the Prime Minister.

Article 10. Responsibilities of the Ministry of Culture, Sports and Tourism

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2. To consider local proposals and submit them to the Prime Minister for decision to permit localities to organize firework displays under Clause 3, Article 8 of this Decree.

3. To coordinate with local administrations in organizing international firework display contests in Vietnam after they are permitted by the Prime Minister.

Article 11. Responsibilities of the Ministry of Defense

1. To direct the Border Guard and Coast Guard forces to patrol and control border, sea and island areas in order to detect and handle acts of illegally trading, transporting, storing and smuggling firecrackers and fireworks.

2. To produce fireworks and equipment for firework displays; to command and provide technical training for firework displays nationwide, specifically as follows:

a/ The production of fireworks must comply with the Government's regulations on management of conditional business lines in terms of security and order;

b/ Based on local firework display plans, to take the initiative in organizing the production of fireworks with good quality, adequate quantity and reasonable prices. It is only permitted to sell fireworks to units and localities allowed to organize firework displays under regulations;

c/ To direct and guide relevant defense units to prepare personnel and technical equipment to serve firework displays; to coordinate with localities in well organizing firework transportation and displays, ensuring safety and strict observance of regulations;

d/ To grant permits for transportation of fireworks and equipment for firework displays.

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To direct the market management forces to conduct inspection and control in order to fight, ward off. detect, stop and handle acts of illegally producing, trading, transporting, storing, importing, exporting and using firecrackers and fireworks.

Article 13. Responsibilities of the Ministry of Finance

1. To direct the customs force to strictly control border gates in order to stop and handle cases of illegally importing or exporting fireworks and firecrackers.

2. To guide the raising and use of funds from lawful non-budget sources for organization of firework displays in accordance with the state budget law.

3. To ensure funds for the implementation of this Decree.

Article 14. Responsibilities of the Ministry of Information and Communication

To guide and direct press agencies, radio and television stations and other mass media agencies in propagating and mobilizing people to observe this Decree.

Article 15. Responsibilities of People's Committees of provinces and centrally run cities

1. To assume the prime responsibility for, and coordinate with concerned agencies in, directing their departments, branches and People's Committees at lower levels in their localities to apply measures to prevent, stop and handle acts of illegally producing, trading, transporting, storing and using firecrackers and fireworks and well organizing firework displays, ensuring order, security, safety and thrift.

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2. To strictly manage and observe regulations on firework display altitudes, timing and locations. To notify implementation results to the Ministry of Culture, Sports and Tourism for sum-up report to the Prime Minister.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 16. Effect

This Decree takes effect on June 1, 2009. All previous regulations on management and use of firecrackers and fireworks are annulled from the effective date of this Decree.

Article 17. Implementation guidance and responsibility

The Minister of Public Security shall guide and inspect the implementation of this Decree.

Other ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of People's Committees of provinces and centrally run cities shall implement this Decree.-

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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung