Lawyer Nguyen Thi Thuy, YouMe Law Firm LLC replied:
Clause 3, Article 11, Chapter II of Decree No. 144/2021/ND-CP stipulating administrative sanctions for violations in the fields of security, order, and social safety; prevention and control of social evils; fire prevention and fighting; rescue; prevention and control of domestic violence (Decree No. 144/2021/ND-CP) stipulates the management and use of weapons, explosives, explosive precursors, supporting tools, fireworks and prohibited dangerous toys as follows:
3. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:
a) Exchanging, giving, donating, sending, borrowing, lending, renting, leasing, or mortgaging weapons, support tools, explosive fireworks, smuggled fireworks, or firecrackers to illegally produce fireworks; details, clusters of weapon details, support tools, or scrap, waste of weapons, explosives, and support tools;
b) Transporting or destroying weapons, explosives, explosive precursors, and supporting tools that do not ensure safety or affect the environment but are not subject to criminal prosecution;
c) Failure to test, inspect, evaluate and register according to the provisions of law on product quality management before being permitted to produce, trade and use weapons and support tools in Vietnam;
d) Illegally storing and transporting scrap, waste of weapons and support tools;
d) Illegally transporting or storing prohibited dangerous toys;
e) Selling explosive precursors to organizations or enterprises when such organizations or enterprises have not been granted a Certificate of eligibility for security and order, a Certificate of eligibility for industrial explosives production, a License for trading in explosive precursors, or have not received written approval from a competent state agency;
g) Loss of primitive weapons and equipped support tools;
h) Using weapons and support tools without a license;
i) Using illegal fireworks and firecrackers;
k) Manufacturing, equipping, storing, transporting, and repairing weapons and support tools with a license but not in compliance with the provisions of law.
Clause 2, Article 4 of Decree No. 144/2021/ND-CP stipulates the maximum fine and the organization subject to administrative sanctions as follows:
2. The fine level prescribed in Chapter II of this Decree is the fine level applied to administrative violations of individuals. For organizations committing the same violation, the fine level is twice the fine level applied to individuals.
Thus, illegal use of fireworks during Tet can be fined from 5,000,000 VND to 10,000,000 VND for individuals and from 10,000,000 VND to 20,000,000 VND for organizations according to the above regulations.
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