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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
36/2009/ND-CP
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Hanoi,
April 15, 2009
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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