LEGAL REGULATIONS ON FIREWORKS USAGE

During every Lunar New Year (Tet) holiday, the demand for fireworks among the public increases. However, to ensure safety and compliance with the law, citizens need to grasp the notes regarding the use of fireworks. Notably, from December 15, 2025, Decree 282/2025/ND-CP officially took effect with stricter penalties for violations regarding fireworks.

Classification of Fireworks

Based on Article 3 of Decree 137/2020/ND-CP, distinguishing correctly between types of fireworks is the first principle to avoid legal risks. Currently, the law clearly separates two groups of products:

• Non-explosive fireworks: These products create sound, light, and color effects but do not cause an explosion sound. Only this type is permitted for widespread use during holidays, Tet, birthdays, and weddings.
• Explosive fireworks: These products contain explosive pyrotechnic composition; when ignited, they produce a whistling sound and a loud explosion. The use of explosive fireworks is only carried out by State agencies during major events according to specific plans.

Notes on Using Non-Explosive Fireworks

Besides choosing the right type of fireworks, citizens must comply with mandatory conditions regarding civil act capacity and product origin.

First, the user must be a person with full civil act capacity. This means a person aged 18 years or older, not suffering from mental illness or health issues that cause a loss of cognitive ability.

Second, the origin of fireworks must be legal. It is only permitted to buy fireworks from organizations and enterprises under the Ministry of National Defense (products of Factory Z121). When transacting, buyers should keep invoices and documents to present upon inspection by competent forces.

Third, the location for using fireworks must ensure a safe distance. Do not set off fireworks near flammable or explosive areas such as gas stations, warehouses, or crowded places that do not ensure escape routes.

Administrative Penalties for Using Explosive Fireworks

From December 15, 2025, Decree 282/2025/ND-CP officially replaced Decree 144/2021/ND-CP. Fines for violations regarding fireworks have been sharply adjusted.

Article 13 of Decree 282/2025/ND-CP stipulates that acts of illegal manufacture, production, purchase, sale, import, export, stockpiling, or transportation of fireworks or pyrotechnic composition shall be subject to the following fines:

• A fine of VND 2,000,000 to VND 5,000,000 for a quantity of less than 05 kg of fireworks or less than 0.5 kg of pyrotechnic composition;
• A fine of VND 5,000,000 to VND 10,000,000 for a quantity from 05 kg to less than 10 kg of fireworks or from 0.5 kg to less than 01 kg of pyrotechnic composition;
• A fine of VND 10,000,000 to VND 20,000,000 for a quantity from 10 kg to less than 20 kg of fireworks or from 01 kg to less than 02 kg of pyrotechnic composition;
• A fine of VND 20,000,000 to VND 30,000,000 for a quantity from 20 kg to less than 40 kg of fireworks or from 02 kg to less than 05 kg of pyrotechnic composition;
• A fine of VND 30,000,000 to VND 35,000,000 for a quantity from 40 kg to less than 50 kg of fireworks or from 05 kg to less than 10 kg of pyrotechnic composition;
• A fine of VND 35,000,000 to VND 40,000,000 for a quantity of 50 kg of fireworks or more, or 10 kg of pyrotechnic composition or more.

Additionally, the supplementary penalty form involves the confiscation of all material evidence and means of violation as prescribed in Clause 7, Article 13 of this Decree.

Criminal Prosecution for Explosive Fireworks

In cases where the act is dangerous in nature or involves a large quantity of fireworks, the violator will be handled according to the 2015 Penal Code (amended and supplemented in 2017).

• Crime of producing and trading in banned goods (Article 190): Anyone who performs acts of producing or trading in explosive fireworks from 06 kg to under 40 kg shall be fined from VND 100,000,000 to VND 1,000,000,000 or sentenced to 01 to 05 years in prison. If the quantity is 120 kg or more, the maximum prison sentence is up to 15 years.
• Crime of stockpiling and transporting banned goods (Article 191): Acts of stockpiling or transporting explosive fireworks from 06 kg to under 40 kg may be fined up to VND 300,000,000 or sentenced to 06 months to 03 years in prison. The maximum penalty for this crime is 10 years in prison for transporting 120 kg or more of explosive fireworks.
• Crime of disturbing public order (Article 318): The act of illegally setting off explosive fireworks in public places, crowded areas, or causing a negative impact on security and order will be subject to criminal prosecution. The basic penalty frame is a fine from VND 5,000,000 to VND 50,000,000, non-custodial reform for up to 02 years, or imprisonment from 03 months to 02 years. If causing serious consequences, the prison sentence can be up to 07 years.