Circular No. 125/2021/TT-BCA

Circular promulgating the national technical regulation on safety in the production, trading, preservation, use and destruction of fireworks and exploding fireworks; the list of fireworks and exploding fireworks; the detailed list of hs codes for fireworks and exploding fireworks

Issued on 30/12/2021In force

In force from 01/03/2022. Effect status per Vietnam's national legal database, checked 12/09/2026 view source.

Unofficial English translation for reference only — the Vietnamese original is the legally authoritative text.

MINISTRY OF PUBLIC SECURITY

No.: 125/2021/TT-BCA

Socialist Republic of Vietnam

Independence - Freedom - Happiness

Hanoi, December 30, 2021

CIRCULAR

PROMULGATING THE NATIONAL TECHNICAL REGULATION ON SAFETY IN THE PRODUCTION, TRADING, PRESERVATION, USE AND DESTRUCTION OF FIREWORKS AND EXPLODING FIREWORKS; THE LIST OF FIREWORKS AND EXPLODING FIREWORKS; THE DETAILED LIST OF HS CODES FOR FIREWORKS AND EXPLODING FIREWORKS

Pursuant to the Law on Standards and Technical Regulations dated June 29, 2006 and the Law Amending and Supplementing a Number of Articles of the Law on Standards and Technical Regulations dated November 20, 2018;

Pursuant to the Law on Foreign Trade Management dated June 12, 2017;

Pursuant to the Law on Management and Use of Weapons, Explosive Materials and Combat Support Tools dated June 20, 2017 and the Law Amending and Supplementing a Number of Articles of the Law on Management and Use of Weapons, Explosive Materials and Combat Support Tools dated June 20, 2017;

Pursuant to Decree No. 127/2007/ND-CP dated August 1, 2007 of the Government detailing a number of articles of the Law on Standards and Technical Regulations; Decree No. 78/2018/ND-CP dated May 16, 2018 of the Government amending and supplementing a number of articles of Decree No. 127/2007/ND-CP;

Pursuant to Decree No. 69/2018/ND-CP dated 15/5/2018 of the Government detailing a number of articles of the Law on Foreign Trade Management;

Pursuant to Decree No. 01/2018/ND-CP dated August 6, 2018 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Public Security;

Pursuant to Decree No. 137/2020/ND-CP dated November 27, 2020 of the Government on the management and use of fireworks;

At the proposal of the Director of the Police Department for Administrative Management of Social Order;

The Minister of Public Security promulgates the Circular promulgating the national technical regulation on safety in the production, trading, preservation, use and destruction of fireworks and exploding fireworks; the List of fireworks and exploding fireworks; the detailed list of HS codes for fireworks and exploding fireworks.

Article 1. Promulgated together with this Circular:

1. The national technical regulation on safety in the production, trading, preservation, use and destruction of fireworks and exploding fireworks, code QCVN 04:2021/BCA, and the appendices issued together with the Regulation, including: Dossier of the warehouse for preserving fireworks and exploding fireworks (Appendix A); Technical requirements and test methods for fireworks and exploding fireworks (Appendix B).

2. The list of fireworks and exploding fireworks prescribed in Appendix C and Appendix D.

3. The detailed list of HS codes for fireworks and exploding fireworks prescribed in Appendix Đ.

Article 2. Effect

1. The national technical regulation on safety in the production, trading, preservation, use and destruction of fireworks and exploding fireworks issued together with this Circular takes effect from March 1, 2022.

2. The list of fireworks and exploding fireworks prescribed in Appendix C, Appendix D, and the detailed list of HS codes for fireworks and exploding fireworks prescribed in Appendix Đ, issued together with this Circular, take effect from March 1, 2022.

For fireworks and exploding fireworks products produced or imported before the effective date of this Technical Regulation that remain in stock, producing, importing and trading organizations and enterprises shall implement safety assurance measures in trading, preservation, use and destruction in accordance with this Technical Regulation once it takes effect.

Article 3. Implementation responsibility

1. The Director of the Police Department for Administrative Management of Social Order shall guide, inspect and urge the implementation of this Circular; based on practical requirements, coordinate with relevant agencies and organizations to research, review and report to the Minister of Public Security for consideration and decision on amendment and supplementation of the list of fireworks and exploding fireworks and the detailed list of HS codes for fireworks and exploding fireworks.

2. Heads of units under the Ministry of Public Security, Directors of Public Security of provinces and centrally-run cities, and relevant organizations and individuals shall be responsible for implementing this Circular.

Recipients:

- Ministries, ministerial-level agencies, Government-attached agencies;

- The Supreme People's Procuracy;

- The Supreme People's Court;

- Deputy Ministers of Public Security;

- People's Committees of provinces and centrally-run cities;

- Public Security units and localities;

- Legal Document Inspection Department, Ministry of Justice;

- Official Gazette;

- Government Portal;

- Ministry of Public Security Portal;

- Filed: Archives, C06.

MINISTER

General Tô Lâm

QCVN 04:2021/BCA

NATIONAL TECHNICAL REGULATION ON SAFETY IN THE PRODUCTION, TRADING, PRESERVATION, USE AND DESTRUCTION OF FIREWORKS AND EXPLODING FIREWORKS

National technical regulation on safety in production, preservation, use and destruction of consumer fireworks and fireworks

FOREWORD

QCVN 04:2021/BCA was compiled by the Police Department for Administrative Management of Social Order, submitted for approval by the Department of Science, Strategy and History of the Public Security, Ministry of Public Security, appraised by the Ministry of Science and Technology, and promulgated by the Minister of Public Security together with Circular No. 125/2021/TT-BCA dated December 30, 2021.

TABLE OF CONTENTS

1.General provisions
1.1Scope of regulation
1.2Subjects of application
1.3Reference documents
1.4Explanation of terms
1.5General requirements
2.Safety technical requirements
2.1Safety techniques in the production and storage of fireworks and exploding fireworks
2.1.1.Items and construction works within the area of fireworks and exploding fireworks manufacturing facilities
2.1.2.Workshops producing fireworks, exploding fireworks
2.1.3.Fireworks and exploding fireworks testing site
2.1.4Safety techniques in the management and storage of pyrotechnic compositions and in the production of fireworks and exploding fireworks
2.1.5.Regulations on packaging and labelling
2.1.6.Storage of fireworks and exploding fireworks during production
2.1.7.Warehouse for storing fireworks and exploding fireworks during the production process
2.2.Safety techniques in fireworks trading
2.2.1.Arrangement of fireworks trading stores
2.2.2.Fireworks storage warehouse for trading purposes
2.3.Safety techniques in the use and destruction of fireworks and exploding fireworks
2.3.1.Use of exploding fireworks
2.3.2.Safety distance for spectators, residential areas, and structures requiring protection when firing exploding fireworks
2.3.3.Storage of exploding fireworks at the firing site before assembly according to the firing script
2.3.4Destruction of fireworks and exploding fireworks in production and trading activities
3.Management requirements
3.1.Declaration of conformity
3.2.Acceptance testing of fireworks and exploding fireworks
3.3Inspection and testing of fireworks and exploding fireworks
4.Implementing organization

NATIONAL TECHNICAL REGULATION ON SAFETY IN THE PRODUCTION, TRADING, PRESERVATION, USE AND DESTRUCTION OF FIREWORKS AND EXPLODING FIREWORKS

National technical regulation on safety in production, preservation, use and destruction of sparkler and fireworks

1. GENERAL PROVISIONS

1.1. Scope of regulation

1.1.1. This Technical Regulation prescribes the technical safety requirements in the production, trading, preservation, use and destruction of fireworks and exploding fireworks.

1.1.2. The types of fireworks and exploding fireworks under this Technical Regulation have HS codes specified in Appendix Đ, the detailed list of HS codes for fireworks and exploding fireworks, issued together with Circular No. 125/2021/TT-BCA.

1.2. Subjects of application

1.2.1. This Technical Regulation applies to agencies, organizations and individuals involved in the production, trading, preservation, use and destruction of fireworks and exploding fireworks within the territory of Vietnam. In case of imported fireworks and exploding fireworks, their trading, preservation, use and destruction activities shall comply with this Technical Regulation.

1.2.2. This Technical Regulation does not apply to the preservation and use of fireworks in the cases specified in Clause 1, Article 17 of the Government's Decree No. 137/2020/ND-CP dated 27/11/2020 on the management and use of fireworks.

1.3. Referenced documents

The documents referenced in this Technical Regulation apply the versions listed below:

1.3.1. Decree No. 42/2020/ND-CP dated 08/4/2020 of the Government prescribing the list of dangerous goods, the transport of dangerous goods by road motor vehicles, and the transport of dangerous goods on inland waterways.

1.3.2. Decree No. 137/2020/ND-CP dated 27/11/2020 of the Government on the management and use of fireworks.

1.3.3. Decree No. 43/2017/ND-CP dated 14/4/2017 of the Government on goods labeling; Decree No. 111/2021/ND-CP dated 09/12/2021 amending and supplementing a number of articles of Decree No. 43/2017/ND-CP.

1.3.4. Circular No. 150/2020/TT-BCA dated 31/12/2020 of the Minister of Public Security prescribing the equipping of fire prevention, fighting, rescue and salvage facilities for civil defense forces, grassroots fire prevention and fighting forces, and specialized fire prevention and fighting forces.

1.3.5. Circular No. 27/2015/TT-BTNMT dated 29/5/2015 of the Minister of Natural Resources and Environment on strategic assessment, environmental impact assessment and environmental protection plans.

1.3.6. Circular No. 24/2017/TT-BTNMT dated 01/9/2017 of the Minister of Natural Resources and Environment prescribing environmental technical monitoring.

1.3.7. Circular No. 28/2012/TT-BKHCN dated 12/12/2012 of the Minister of Science and Technology prescribing the announcement of conformity, announcement of regulation conformity and methods of assessing conformity with standards and technical regulations.

1.3.8. Circular No. 02/2017/TT-BKHCN dated 31/3/2017 of the Minister of Science and Technology amending and supplementing a number of articles of Circular No. 28/2012/TT-BKHCN dated 12/12/2012 of the Minister of Science and Technology prescribing the announcement of conformity, announcement of regulation conformity and methods of assessing conformity with standards and technical regulations.

1.3.9. Circular No. 06/2020/TT-BKHCN dated 10/12/2020 of the Minister of Science and Technology detailing and providing measures for the implementation of a number of articles of Decree No. 132/2008/ND-CP dated 31/12/2008, Decree No. 74/2018/ND-CP dated 15/5/2018, Decree No. 154/2018/ND-CP dated 09/11/2018, and Decree No. 119/2017/ND-CP dated 01/11/2017 of the Government.

1.3.10. QCVN 01:2019/BCT Technical regulation on safety in the production, testing, acceptance, preservation, transport, use and destruction of industrial explosive materials and preservation of explosive precursors.

1.3.11. QCVN 06:2021/BXD National technical regulation on fire safety for houses and works.

1.3.12. TCVN 2622-1995 Fire prevention and fighting for houses and works - Design requirements.

1.3.13. QCVN 40:2011/BTNMT National technical regulation on industrial wastewater.

1.3.14. TCVN 4513-1988 Internal water supply - Design standards.

1.3.15. TCVN 5738:2001 Automatic fire alarm systems - Technical requirements.

1.3.16. TCVN 7336:2003 Fire prevention and fighting - Automatic sprinkler systems - Design and installation requirements.

1.3.17. TCVN 4255:2008 Degrees of protection by enclosures (IP code).

1.3.18. TCVN 3890-2009 Fire prevention and fighting equipment for houses and works - Equipping, arrangement, inspection, maintenance.

1.3.19. TCVN 7447-4-41:2010 Low-voltage electrical installations - Part 4-41: Protection for safety - Protection against electric shock.

1.3.20. TCVN 9385:2012 (BS 6651:1999) Lightning protection for structures - Guidance for design, inspection and maintenance of systems.

1.4. Interpretation of terms

In this Technical Regulation, the terms below are construed as follows:

1.4.1. Production means the process of creating fireworks and exploding fireworks products.

1.4.2. Testing means operations performed in a laboratory, test site or prescribed location to determine the technical indicators, characteristics and level of risk under actual conditions of use of fireworks and exploding fireworks.

1.4.3. Acceptance means the process of determining the technical indicators, characteristics and quality of fireworks and exploding fireworks products against the announced product indicators in conformity with the regulation or standard.

1.4.4. Safety distance means the minimum necessary distance, in all directions, measured from the location of ignition or destruction of fireworks and exploding fireworks, workshops, warehouses, or means containing fireworks, to the works or objects requiring protection.

1.4.5. Ignition means the method of using a fire source or an electric power source and ignition devices to activate fireworks and exploding fireworks.

1.4.6. Electric igniter means a product consisting of an igniting powder component fixed to an electric wire, used to ignite fireworks and exploding fireworks.

1.4.7. Warehouse means a structure built to store each type of fireworks and exploding fireworks products, including: warehouses for preservation at the place of production and warehouses for preservation to serve trading activities.

1.4.8. Destruction of fireworks and exploding fireworks means the process of using controlled mechanical, thermal, electrical or chemical technical methods to completely eliminate the properties and effects, so that the fireworks and exploding fireworks cannot be restored to their original state, ensuring safety for people and limiting impact on the environment.

1.5. General requirements

1.5.1. Locations for constructing production facilities and preservation warehouses in the production of fireworks and exploding fireworks must ensure the safety distance prescribed in Appendix 7 of Regulation QCVN 01:2019/BCT.

1.5.2. The investment in, construction, repair and renovation of production facilities and preservation warehouses for fireworks and exploding fireworks shall comply with the law on investment in construction works, environmental protection, safety, and fire prevention and fighting.

1.5.3. Fireworks and exploding fireworks are classified by degree of danger in accordance with the Government's Decree No. 42/2020/ND-CP dated 08/4/2020 prescribing the list of dangerous goods, the transport of dangerous goods by road motor vehicles, and the transport of dangerous goods on inland waterways.

1.5.4. Safety techniques

a) Production workshops and preservation warehouses for fireworks and exploding fireworks must ensure the safety techniques prescribed in this Technical Regulation;

b) Fireworks and exploding fireworks kept in the same warehouse must be arranged separately in accordance with Section 2.1.7.4 of this Technical Regulation;

c) Exploding fireworks must not be placed within the range of influence of electric power sources, electrical induction and static electricity generated from electromagnetic wave transmitting/receiving sources, lightning, high-voltage power lines or stray currents.

1.5.5. When working with or handling fireworks and exploding fireworks products, the following provisions must be fully complied with:

a) Smoking, and the use of fire sources or heat sources, are prohibited within 100 m of the location where fireworks and exploding fireworks products are kept;

b) Fireworks and exploding fireworks products must not be subjected to impact or pushing, or placed in areas with temperatures higher than the level prescribed by the manufacturer;

c) Do not poke, stab, push, throw or drag containers holding fireworks and exploding fireworks products;

d) Do not carry tools capable of generating sparks, or electromagnetic wave transmitting/receiving equipment, except for persons assigned the task of ignition;

đ) Do not wear clogs, shoes or sandals with soles fitted with iron nails or iron studs when handling fireworks and exploding fireworks products;

e) Do not use tools made of materials capable of generating sparks to open or close containers holding fireworks and exploding fireworks products.

1.5.6. Electrical equipment

a) Use explosion-proof electrical equipment with an external enclosure protection rating of IP54 or higher in production workshops and preservation warehouses. Where power distribution/switching equipment is not of the explosion-proof type, it must be placed in an explosion-proof box or installed in a separate compartment;

b) Power supply cables into production workshops and preservation warehouses must be of the underground-buried type or placed in protective steel pipes buried underground. The metal casings of electrical equipment must all be earthed, ensuring a resistance not exceeding 4 Ω;

c) Overload and short-circuit protection devices must be provided, and the requirements for protection against electric leakage for the electrical equipment system at the production facility must be ensured in accordance with TCVN 7447-4-41:2010;

d) Electrical safety measures must be fully implemented when carrying out repair or replacement of electrical equipment at production facilities and preservation warehouses.

1.5.7. Explosion-proof equipment must be inspected by competent authorities as prescribed and must satisfy occupational safety and hygiene requirements.

1.5.8. Lightning protection

a) Install direct lightning strike protection, electromagnetic induction lightning protection, and protection against high-voltage intrusion for production workshops and preservation warehouses of fireworks and exploding fireworks products in accordance with QCVN 01:2019/BCT;

b) The design, construction, testing for commissioning, inspection, measurement and periodic repair of the lightning protection system shall comply with TCVN 9385:2012 (BS 6651:1999).

1.5.9. Fire prevention and fighting

a) Based on the law on fire prevention and fighting, determine whether the production facility or preservation warehouse must have its design appraised and undergo inspection and acceptance for fire prevention and fighting before construction and commissioning;

b) Ensure compliance with the regulations on fire prevention, fighting, rescue and salvage safety rules; the fire fighting plan and the rescue and salvage plan approved by the competent authority;

c) Arrange an on-site fire prevention and fighting force trained by a competent state agency in fire prevention, fighting, rescue and salvage operations; organize readiness for on-site fire fighting, rescue and salvage to meet on-site requirements;

d) Ensure the equipping of fire prevention and fighting means and equipment for the on-site fire prevention and fighting force in accordance with Circular No. 150/2020/TT-BCA dated 31/12/2020 of the Minister of Public Security prescribing the equipping of fire prevention, fighting, rescue and salvage facilities for civil defense forces, grassroots fire prevention and fighting forces, and specialized fire prevention and fighting forces; TCVN 2622-1995; TCVN 4513-1988; TCVN 5738:2001; TCVN 7336:2003; TCVN 3890-2009; QCVN 06:2021/BXD, and other relevant standards and regulations;

đ) In the event of a fire or explosion incident, the "four on-site" principle must be applied: on-site command, on-site forces, on-site means, and on-site logistics, and the approved fire fighting, rescue and salvage plan must be followed;

e) Purchase compulsory fire and explosion insurance in accordance with law.

1.5.10. Environmental protection

a) Ensure compliance with the requirements on environmental impact assessment reports or environmental protection plans before constructing production facilities or preservation warehouses, in accordance with Circular No. 27/2015/TT-BTNMT dated 29/5/2015 of the Minister of Natural Resources and Environment on strategic assessment, environmental impact assessment and environmental protection plans;

b) Waste from the production facility must be treated to meet the environmental protection standards under QCVN 40:2011/BTNMT on industrial wastewater;

c) Periodically test the concentration of harmful substances in the environment surrounding the production area in accordance with Circular No. 24/2017/TT-BTNMT dated 01/9/2017 of the Minister of Natural Resources and Environment prescribing environmental technical monitoring.

1.5.11. Safety procedures and internal rules

a) Production facilities and preservation warehouses must develop, promulgate and post internal rules, regulations and procedures on ensuring security, order, safety, and fire prevention and fighting;

b) Internal rules and working procedures must be posted in the fireworks and exploding fireworks production line area;

c) Internal rules and procedures for the arrangement, preservation, import and export of fireworks and exploding fireworks products must be posted in the preservation warehouse.

1.5.12. Persons directly engaged in production, preservation and use who handle fireworks and exploding fireworks products must be provided with personal protective equipment suited to the nature and degree of toxicity or danger.

2. REQUIREMENTS ON SAFETY TECHNIQUES

2.1. Safety techniques in the production and preservation of fireworks and exploding fireworks

2.1.1. Items and works constructed within the area of a fireworks and exploding fireworks production facility

Within the scope and area of the production facility, the following works and items may be constructed:

2.1.1.1. Production workshops.

2.1.1.2. Fireworks and exploding fireworks preservation warehouses.

2.1.1.3. Laboratories.

2.1.1.4. Test and destruction sites for fireworks and exploding fireworks.

2.1.1.5. Works serving fire prevention and fighting, rescue and salvage, environmental protection, and occupational safety and hygiene.

2.1.1.6. Production administration building; medical room; guard post.

2.1.1.7. Blast-shielding mound between the production building and the storage warehouse.

2.1.1.8. Power and heat supply systems.

2.1.1.9. Lightning protection system.

2.1.1.10. Water supply and drainage system.

2.1.1.11. Works for containing solid waste after producing or destroying fireworks and exploding fireworks.

2.1.1.12. Shelter positions and emergency escape routes.

2.1.2. Production workshops for fireworks and exploding fireworks

2.1.2.1. Must be built in accordance with QCVN 06:2021/BXD.

2.1.2.2. Must ensure natural ventilation or ventilation by an artificial ventilation system.

2.1.2.3. Emergency exit doors must be arranged and open in the direction of direct escape to the outside; the distance from the emergency exit to the farthest point inside the building must not exceed 15 m; the door dimensions must be 1.2 m x 2.2 m or larger, and there must be lights and signs indicating the emergency exit.

2.1.2.4. There must be a protective fence system around the workshop area, and drainage ditches must be provided around the workshop.

2.1.2.5. The floor must be at least 0.2 m higher than the surrounding ground level, dry, non-slip, and water-resistant (except for the workshop producing colored pellets), free of cracks or voids, and resistant to corrosion from direct contact with chemicals.

2.1.2.6. Heat-generating equipment used for drying fireworks and exploding fireworks must be placed in a separate room isolated from the workshop and must ensure the following fire/explosion prevention safety distances:

a) For heat-generating equipment using solid fuel, a distance of 50 m or more;

b) For heat-generating equipment using liquid or gas fuel, a distance of 10 m or more;

c) For heat-generating equipment using electric power, a distance of 5 m or more.

2.1.3. Test sites for fireworks and exploding fireworks

2.1.3.1. The test site is an enclosed room with a ventilation system, or an open ground area with a hard earth, brick or concrete surface.

2.1.3.2. The test site must ensure the following safety distances to works and objects requiring protection:

a) 100 m or more for exploding fireworks;

b) 0.5 m or more for hand-held fireworks;

c) 10 m or more for non-hand-held fireworks.

2.1.3.3. Fireworks and exploding fireworks must not be stored overnight at the test site.

2.1.4. Safety techniques in the management and preservation of fireworks powder and in the production of fireworks and exploding fireworks

2.1.4.1. The production and preservation of fireworks powder at a facility licensed to produce fireworks and exploding fireworks must ensure the following safety techniques:

a) The purchase of raw materials that are explosive precursors shall comply with the 2017 Law on Management and Use of Weapons, Explosive Materials and Combat Support Tools, as amended and supplemented in 2019;

b) Persons without responsibility shall not be allowed to enter the fireworks powder production area;

c) The workshop must have measures to prevent dust and toxins from polluting the environment and must treat waste as prescribed before discharging it into the environment; gaps and cracks in walls, floors, ceilings, electric wiring and water pipes must be sealed so that they can be easily swept clean and do not accumulate fireworks powder;

d) Grinding, sieving, mixing and blending equipment must be made of materials that do not generate sparks during operation;

đ) Equipment and tools used in fireworks powder production must be cleaned before and after each shift;

e) Electrical safety of equipment used in fireworks powder production must be inspected;

g) Persons performing mixing must wear thin rubber gloves; they must not perform other work while mixing; only tools that do not generate sparks may be used for mixing;

h) The mixing area must be well-ventilated; safety partitions must be provided between mixing tables; when mixing, each type of raw material must be weighed separately, ensuring compliance with the formula, dosage and ratio prescribed in the technological process;

i) When drying, the heat supply must not exceed 80°C; fireworks powder being dried must not come into direct contact with the heat source; resistance wires must not be used to heat fireworks powder directly during drying. Fireworks powder that has been dried but not yet used immediately in production must be kept in sealed, moisture-proof containers;

k) When grinding fireworks powder, measures must be taken to shield the moving parts and the grinding teeth of the grinder; impurities capable of generating heat through friction during grinding must be completely eliminated; the grinder must be cleaned periodically during or at the end of each production shift; dust collected must be treated in accordance with procedure. In case of any abnormality during operation, the machine must be stopped immediately for inspection and handling;

l) Fireworks powder being sieved must be placed in a separate enclosed compartment of the sieving machine, isolated from the operator, and dust must be prevented for rotary or vibrating sieves; the sieving machine must be cleaned periodically during or at the end of each production shift; dust collected must be treated in accordance with procedure. In case of any abnormality during operation, the machine must be stopped immediately for inspection and handling.

2.1.4.2. Safety techniques in the production of fireworks and exploding fireworks:

a) The producer must strictly comply with the technical process approved by the competent authority;

b) When drying in the sun or with heat, fuses, fireworks and exploding fireworks must be placed on racks under supervision; the drying rack must be clean and free of brick fragments, gravel, stones or metal; direct drying on brick or cement floors, or on iron poles, is prohibited; when heat-drying, the heat supply must not exceed 60°C; fuses, exploding fireworks and fireworks must not come into direct contact with the heat source;

c) Fuse-cutting tools must be sharp and made of rust-proof material; fuse cutting must be performed precisely and decisively; cut fuses must be placed in containers ensuring safety;

d) Tools used to load fireworks powder into casting molds or the feed hoppers of dosing/pressing machines and equipment must be made of materials that do not generate sparks during operation;

đ) Fireworks and exploding fireworks products, after drying or sun-drying, must be cooled to a temperature not exceeding 35°C before being placed into preservation or use.

2.1.5. Provisions on packaging and labeling

2.1.5.1. Fireworks and exploding fireworks must be packed in containers that ensure safety and convenience during preservation and transport. The combined weight of the container and the fireworks or exploding fireworks must not exceed 40 kg.

2.1.5.2. The affixing of stamps to fireworks and exploding fireworks products must be carried out in accordance with regulations.

2.1.5.3. Labeling on containers of fireworks and exploding fireworks shall comply with the Government's Decree No. 43/2017/ND-CP dated 14/4/2017 on goods labeling, as amended and supplemented by Decree No. 111/2021/ND-CP, and shall include: the name of the type of fireworks or exploding fireworks; the name and address of the production facility; composition and quantity; weight and quantity; classification code; date of manufacture and expiry date; symbols for fire/explosion protection, rain and sun protection on both sides of the container, with the fire/explosion protection symbol in red and other symbols in a color contrasting with the background color of the container; and instructions for use and preservation.

2.1.5.4. Fireworks and exploding fireworks placed in a container must be arranged and packed tightly against each other to prevent shifting or collision during transport.

2.1.6. Preservation of fireworks and exploding fireworks during production

2.1.6.1. Fireworks and exploding fireworks must be preserved in a warehouse that meets the requirements prescribed in Section 2.1.7 of this Technical Regulation.

2.1.6.2. Substances that react exothermically with water or air must not be used as moisture-proofing agents in warehouses or containers of fireworks and exploding fireworks.

2.1.6.3. The person assigned to manage the warehouse must maintain a separate monitoring and management logbook for each type of fireworks and exploding fireworks; the logbook must have numbered pages, be sealed with the unit's overlapping stamp, and must fully record information on type, quantity, weight, quality, date of manufacture and expiry date.

2.1.6.4. Upon receipt into the warehouse, fireworks and exploding fireworks must be received immediately, and the type, quantity, weight, quality, date of manufacture and expiry date must be checked against the import order or transport permit; the deliverer and receiver must sign the monitoring and management logbook.

2.1.6.5. Upon issuance from the warehouse, exploding fireworks must have an issuance order from the head of the unit, and the type, quantity, weight, quality, date of issuance, name of the recipient, place of departure and place of destination must be fully recorded; the deliverer and receiver must sign the monitoring and management logbook.

2.1.6.6. The monitoring and management logbook must be recorded clearly and fully, and must not be written in pencil; information and data recorded in the logbook must not be arbitrarily altered or erased. Where correction of data in the logbook is necessary, it must be certified by a competent person.

2.1.6.7. Every day, the person assigned to manage the warehouse must take stock and determine the exact quantity of fireworks and exploding fireworks remaining in the warehouse.

2.1.6.8. On a monthly basis, the unit's leadership must inspect and reconcile the import/export monitoring and management logbook against the actual quantity of fireworks and exploding fireworks remaining in the warehouse. A record must be made upon completion of the inspection. Any violation must be handled in accordance with regulations.

2.1.6.9. Fireworks and exploding fireworks remaining in the warehouse that are no longer needed, or that are damaged or expired, must be destroyed in accordance with Section 2.3.4 of this Technical Regulation.

2.1.6.10. Containers of fireworks and exploding fireworks may only be opened at a location outside the protective mound or at least 50 m from the warehouse.

2.1.6.11. In the case of holidays or temporary non-use of the warehouse for 48 hours or more, the warehouse manager must seal or lock the warehouse door with a lead seal.

2.1.7. Warehouses for preserving fireworks and exploding fireworks during production

2.1.7.1. Warehouses for preserving fireworks and exploding fireworks must be permanently built above-ground or semi-underground and must satisfy the following requirements:

a) Built of non-combustible materials with fire resistance grade 1 in accordance with QCVN 06:2021/BXD; walls at least 0.2 m thick; floor at least 0.2 m higher than the surrounding ground level, paved with brick or concrete and kept dry; roof made of non-combustible material; ceiling made of reinforced concrete, or where the ceiling is made of lightweight material, it must ensure fire resistance and have a protective mesh above it;

b) There must be drainage ditches around the warehouse; the warehouse must ensure the safety distance and have anti-propagation mounds, blast-shielding mounds and blast walls as prescribed;

c) The storage capacity of the warehouse for preserving fireworks and exploding fireworks must ensure the storage quantity and safety distance prescribed in Appendix 7 of Regulation QCVN 01:2019/BCT;

d) The warehouse entrance/exit door must have 2 layers: the outer door made of iron or wood clad with sheet metal, the inner door made of wood, with dimensions of 1.2 m x 2.2 m or larger; door bolts and hasps must be made of steel or thick steel pipe with no gap allowing a crowbar or bolt cutter to be inserted, and the door lock must be a cut-resistant type; the distance from the warehouse door to the farthest point of the warehouse must not exceed 15 m;

đ) Windows or ventilation openings must have a side dimension greater than 0.2 m or a diameter of 0.2 m or more; the ratio of window area to floor area must be greater than 1/25; the area of windows and ventilation openings must be sufficient to allow smoke to escape in case of fire, and there must be measures to prevent rain, and to prevent the entry of people and animals;

e) Lighting fixtures must have a voltage not exceeding 220V; open-flame or arc lighting fixtures must not be used; electric wires for lighting inside the warehouse must be sheathed, using fire-resistant cable or placed in rigid non-flammable conduit; wires or cables must not be run over the roof of the warehouse; when cables are suspended along walls and ceilings of the warehouse, supports must be provided at intervals of 1 m for horizontal runs and 2 m for vertical runs; connections between cables and lighting fixtures inside the warehouse must use dedicated explosion-proof junction boxes. Electrical boxes placed outside the warehouse must be at least 7 m away, and the power cable section from the box into the warehouse must be laid underground; electrical equipment serving the warehouse (distribution station, power network, lighting system) must be equipped with leakage and short-circuit protection; grounding must comply with design standards;

g) Within the warehouse area, a duty room, guard post, watchtower, and a separate room for opening containers of fireworks and exploding fireworks and cutting quick-burning and slow-burning fuses, a laboratory and test site, a water tank and a sand tank may be built. Such rooms and warehouses must be built ensuring the safety distance prescribed in Appendix 7 of Regulation QCVN 01:2019/BCT and must be equipped with security and order monitoring and surveillance devices.

2.1.7.2. The warehouse must be built with a protective fence, satisfying the following requirements:

a) The fence must be at least 15 m from the warehouse wall; for warehouses near a mountain slope, this distance may be reduced on the slope side but must not be less than 8 m, and the foot of the slope must be at least 5 m from the warehouse wall, with measures taken to prevent soil and rock landslides from the slope onto the warehouse wall; where the slope is of solid rock, the distance may be 2 m or more;

b) The fence must be built of brick, stone, or B40 wire mesh with a surrounding steel frame, and must have a gate; a fence built of brick or stone must be at least 2 m high, with steel posts at least 0.5 m high above it spaced 1 m apart and fitted with barbed wire; a fence made of B40 wire mesh with a surrounding steel frame must have a frame width not exceeding 2 m, a height of 2 m or more, and barbed wire fitted on top;

c) A warning sign reading "Danger - No Open Flame" must be placed at least 100 m from the fence along the road leading into the warehouse.

2.1.7.3. Protective mounds must be built where the distance between warehouses, or from a warehouse to neighboring works, is insufficient to ensure safety. The foot of the protective mound must be 1 m to 6 m from the warehouse wall, with a drainage ditch between the foot of the mound and the warehouse wall; the foot of the mound must be built of brick or stone, at least 0.8 m high, with earth piled on top; the height of the mound must be higher than the warehouse wall; the width of the mound's base shall be determined according to the stable slope of the material used, with the top of the mound at least 1 m wide; when building a protective mound, an entry/exit passage must be left.

2.1.7.4. Arrangement and preservation of fireworks and exploding fireworks in the warehouse:

a) Fireworks and exploding fireworks must be placed in cardboard box containers with fixed padding, or in cardboard boxes placed in wooden frames, arranged on shelves or racks, or stacked into blocks, ensuring that the boxes and the products inside are not damaged; the stacked blocks must be at least 0.2 m from the warehouse wall, 0.15 m from the warehouse floor, and 1.2 m or more from the warehouse ceiling; the longitudinal aisle between blocks must be at least 1.3 m, and the transverse aisle between blocks must be at least 0.5 m;

b) When arranging fireworks and exploding fireworks in the warehouse, the name of the type of fireworks or exploding fireworks and the lot number must be recorded on the outside of the container, carton or shelf; first-in, first-out and last-in, last-out order must be ensured. Fireworks and exploding fireworks must not be placed in the same container.

2.1.7.5. Explosion-proof flashlights or battery lamps may be used for lighting in the warehouse during safety inspection or to guide import/export operations under insufficient lighting conditions. The voltage of the flashlight or battery lamp must not exceed 12 V. After finishing work, the flashlight or battery lamp must be taken out of the warehouse area as prescribed.

2.1.7.6. The warehouse for preserving fireworks and exploding fireworks must be approved by the head of the facility or enterprise, satisfying the content prescribed in Appendix A of this Technical Regulation.

2.2. Safety techniques in the trading of fireworks

2.2.1. Layout of fireworks trading shops

2.2.1.1. Trading shops must be built in accordance with QCVN 06:2021/BXD.

2.2.1.2. Natural ventilation or ventilation by an artificial ventilation system must be ensured.

2.2.1.3. Compliance with the regulations on the promulgation and posting of internal rules, regulations and procedures on ensuring security, order, safety, fire prevention and fighting, and rescue and salvage.

2.2.1.4. There must be a fireworks trading signboard posted in front of the shop.

2.2.1.5. Cabinets and shelves inside the shop for displaying fireworks must be made of fire/explosion-resistant materials; the quantity of each type of fireworks displayed must not exceed 20 products.

2.2.1.6. Fireworks trading shops must arrange a safe storage area to serve display, introduction and sale of products.

2.2.2. Warehouses for preserving fireworks for trading

2.2.2.1. Preservation warehouses must be built in accordance with QCVN 06:2021/BXD.

2.2.2.2. The warehouse location must ensure a safety distance of at least 50 m from gas stations, oil, gas outlets, or trading facilities using fossil-fuel heating or open flames.

2.2.2.3. The warehouse must have internal rules, regulations and procedures on ensuring security, order, safety, fire prevention and fighting, and rescue and salvage posted; procedures for the arrangement, preservation, import and export of fireworks must be posted inside the warehouse.

2.2.2.4. The warehouse manager must be trained in safety techniques as prescribed;

2.2.2.5. The warehouse's storage capacity must not exceed 15 tons of product.

2.3. Safety techniques in the use and destruction of fireworks and exploding fireworks

2.3.1. Use of exploding fireworks

2.3.1.1. Based on the plan (script) for firing exploding fireworks, the person in command of the display shall organize a survey and select the location and ground area of the firing site for placing the launch racks/tubes for exploding fireworks, ensuring the safety distance prescribed in Article 16 of this Technical Regulation. Based on the survey results, the unit organizing the fireworks display shall design the layout of the firing site for implementation.

2.3.1.2. Exploding fireworks may only be brought to the site once the firing site has been cordoned off, ensuring the safety distance, and there are no residents in the firing site area.

2.3.1.3. When installing racks and launch tubes for exploding fireworks, they must be placed on flat, level ground, without tilting or misalignment. The launch racks/tubes must be firmly fixed into a stable structure to ensure that, in the event of an incident or external force, the rack does not tilt or fall during firing.

2.3.1.4. During the installation of exploding fireworks, open flames or the generation of sparks are strictly prohibited.

2.3.1.5. Fire-fighting, rescue and salvage equipment, and ambulance vehicles, must be positioned near the firing site for exploding fireworks. Thirty minutes before firing, the safety conditions at connection points, the fire-resistant paper layer, the communication system, and the medical and fire-fighting teams must be re-checked. During the firing of exploding fireworks, measures must be taken to ensure the safety of spectators; in the event of a fire or explosion incident, based on its nature and severity, a decision must be made whether to stop the firing and immediately implement fire fighting, rescue and salvage measures;

2.3.1.6. After the firing of exploding fireworks has completely stopped, only competent and responsible persons may enter the firing area to inspect and collect any unfired exploding fireworks and carry out their destruction as prescribed.

2.3.2. Safety distance for spectators, residential areas and works requiring protection during the firing of exploding fireworks

2.3.2.1. The safety distance from the firing site where the launch racks/tubes for exploding fireworks are installed to the area arranged for spectators, residential areas, and works requiring protection must be 100 m or more.

2.3.2.2. Where, due to terrain or geographical reasons, a firing point ensuring a safety distance of 100 m or more cannot be selected, a minimum distance of 50 m must be ensured, and measures must be taken to shield the firing site so that, in the event of an incident, the fireworks do not reach the position of spectators, passersby, residential areas, or works requiring protection.

2.3.3. Preservation of exploding fireworks at the firing site before installation according to the firing script

2.3.3.1. When exploding fireworks are transported to the assembly point, they must be kept in the vehicle bed or arranged in a mobile warehouse placed within the firing site area and guarded. The person assigned to preserve and guard them must have professional expertise; the mobile warehouse consists of crates, containers, or equivalent structures.

2.3.3.2. Exploding fireworks at the firing site, before installation, must maintain a safety distance of 100 m or more from residential areas and works requiring protection, with prohibition signs placed around the firing site area. Where, due to terrain or geographical reasons, this is not possible, a minimum distance of 50 m may be ensured provided that safety measures are taken.

2.3.4. Destruction of fireworks and exploding fireworks in production and trading activities

2.3.4.1. Fireworks and exploding fireworks that are damaged or expired, or no longer needed, during production must be destroyed as prescribed. For fireworks trading facilities, fireworks that are damaged, expired, or no longer needed must be transported back to the fireworks production organization or enterprise for destruction as prescribed.

2.3.4.2. The destruction site must be approved by the competent authority under the Ministry of National Defense.

2.3.4.3. After the destruction site has been approved by the competent authority of the Ministry of National Defense, the organization or enterprise shall develop a destruction plan and procedure ensuring safety and limiting environmental impact.

2.3.4.4. The organization or enterprise shall establish a Council to organize the destruction, comprising: the head of the organization or enterprise as Chairman of the Council, and representatives of relevant professional/technical departments as members.

2.3.4.5. Destruction methods

a) Destruction method by burning:

- Destruction by burning may only be used when the fireworks or exploding fireworks are no longer capable of transitioning from a burning reaction to an explosive reaction. Before burning, the components of the fireworks or exploding fireworks products must be disassembled;

- The distance from the burning location to the shelter position or to the location where fireworks and exploding fireworks awaiting destruction are kept must be 50 m or more;

- The weight, length, width and thickness of each burning row, and the destruction location, shall be determined for each specific case, but must ensure absolute safety;

- The initial ignition must be performed indirectly. Flammable materials (wood shavings, paper, finely-split dry firewood, etc.) may be used, arranged in a row to form an ignition trail not less than 1 m long, placed at the downwind end;

- Ignition may only be started after all preparatory work has been completed and everyone has withdrawn to a safe shelter location. After igniting the fire trail, the operator must immediately withdraw to the shelter location;

- After burning, the operator may only return to the burning location to inspect it after the fire and smoke have completely died out. If any product remains unburned, it must be collected and destroyed again as prescribed;

- Destruction by burning may only be carried out in dry weather.

b) Destruction method by water:

- Destruction of fireworks and exploding fireworks by dissolving them in water must ensure that the water, after treatment, meets QCVN 40:2011/BTNMT when discharged directly into the environment;

- Destruction method: The fireworks or exploding fireworks products are submerged in a container or water tank; the weight of the product to be destroyed must not exceed 2/3 of the weight of the water; the soaking time must be sufficient to ensure the fireworks or exploding fireworks have completely lost their explosive properties; remaining insoluble material must be removed, dried, and then destroyed by burning or burial as prescribed.

c) Destruction method by burial:

- Only materials from fireworks or exploding fireworks that have already undergone destruction by burning or soaking in water may be buried, and environmental impact must be limited;

- Method: Dig a pit of a size appropriate to the quantity to be buried at a location approved by the competent authority; ensure the volume of product to be buried does not exceed 2/3 of the depth of the pit, and fill it completely with soil.

2.3.4.6. Upon completion of the destruction, the site must be re-inspected to ensure that all fireworks and exploding fireworks products have permanently lost the ability to be restored to functioning condition, and a destruction record must be made, including the following contents:

a) Name and quantity or weight of the fireworks and exploding fireworks;

b) Reason for destruction;

c) Destruction method;

d) Location and time of destruction;

đ) Destruction results;

e) Full name and position of the persons participating in the destruction;

g) Signature and seal of the representative of the organization or enterprise.

3. MANAGEMENT REQUIREMENTS

3.1. Announcement of conformity

3.1.1. Announcement of conformity for fireworks and exploding fireworks:

a) For domestically produced products, the announcement of conformity shall be based on the results of the organization's or enterprise's self-assessment:

- The assessment method used for the announcement of conformity is Method 7 of Appendix II issued together with Circular No. 28/2012/TT-BKHCN dated December 12, 2012 of the Minister of Science and Technology prescribing the announcement of conformity, announcement of regulation conformity and methods of assessing conformity with standards and technical regulations (hereinafter referred to as Circular No. 28/2012/TT-BKHCN); and Circular No. 02/2017/TT-BKHCN dated March 31, 2017 of the Ministry of Science and Technology amending and supplementing a number of articles of Circular No. 28/2012/TT-BKHCN;

- Testing to serve the announcement of conformity shall be carried out at an organization or enterprise that has registered or been designated in accordance with law;

b) For imported products, the announcement of conformity shall be based on the certification or assessment results of a certification or assessment organization designated in accordance with regulations:

- The assessment method used for the announcement of conformity shall be carried out under Method 7 prescribed in Circular No. 28/2012/TT-BKHCN;

- The testing organization serving the certification/assessment shall be an organization as prescribed in the Government's Decree No. 74/2018/ND-CP dated 15/5/2018 amending and supplementing a number of articles of the Government's Decree No. 132/2008/ND-CP dated 31/12/2008 detailing the implementation of a number of articles of the Law on Product and Goods Quality, and Decree No. 154/2018/ND-CP dated 09/11/2018 of the Government amending, supplementing and repealing a number of provisions on investment and business conditions in the state management field of the Ministry of Science and Technology and a number of provisions on specialized inspection.

3.1.2. The order of registration for the announcement of conformity shall comply with Articles 13 and 14 of Circular No. 28/2012/TT-BKHCN.

3.2. Acceptance of fireworks and exploding fireworks

3.2.1. Fireworks and exploding fireworks that are trial products or are imported for the first time must be inspected in a testing laboratory to appraise their technical performance and conditions of use.

3.2.2. Fireworks and exploding fireworks are accepted by product lot. Acceptance shall be carried out by the laboratory staff of the producing organization or enterprise in accordance with the safety regulation of each type of product. Only lots of products with technical parameters conforming to the regulations in the List of fireworks and exploding fireworks may be brought into the warehouse or put into use. The content and volume of inspection and acceptance for fireworks and exploding fireworks after production, before being put into circulation, shall be carried out by the producing organization in accordance with regulations.

3.3. Inspection and testing of fireworks and exploding fireworks

3.3.1. Fireworks and exploding fireworks that are products of a trial research project, and products imported for the first time, shall be inspected and tested in accordance with Appendix B of this Technical Regulation.

3.3.2. Inspection and testing may be carried out at a designated test area for fireworks and exploding fireworks imported for the first time into Vietnam, or abroad, provided this complies with Vietnam's regulations on standards and test methods.

3.3.3. Finished fireworks and exploding fireworks products must be inspected and their quality assessed at the end of their shelf life and periodically once every 6 months thereafter.

3.3.4. The content of inspection and testing for fireworks and exploding fireworks produced by organizations or enterprises under the Ministry of National Defense shall comply with Appendix B of this Technical Regulation.

3.3.5. The inspection and determination of the technical characteristic indicators of fireworks and exploding fireworks shall comply with Appendix B of this Technical Regulation.

4. ORGANIZATION OF IMPLEMENTATION

4.1. The Police Department for Administrative Management of Social Order shall assume the prime responsibility for, and coordinate with relevant agencies and units in, guiding and inspecting the implementation of this Technical Regulation.

4.2. Relevant organizations and individuals under this Technical Regulation shall be responsible for implementing the regulations on safety in the production, trading, preservation, use and destruction of fireworks and exploding fireworks.

4.3. Where legal normative documents or provisions of legal normative documents referenced in this Technical Regulation are amended, supplemented or replaced, the referenced content in this Technical Regulation shall be adjusted and implemented in accordance with the amended, supplemented or replacing legal normative documents or provisions thereof.

4.4. During the implementation of this Technical Regulation, in case of difficulties or obstacles, agencies, organizations and individuals shall notify the Ministry of Public Security (via the Police Department for Administrative Management of Social Order) for timely guidance.

Digitised for reference; formatting may differ slightly from the original — verify against the attached original file or the official gazette. Vietnamese legal text.