CIRCULAR guide INDUSTRY handle criminal acts of producing, transporting, selling and buying and burning firecrackers _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Only 406 a/TTg of the Prime on the prohibition of the production, trafficking and burning firecrackers issued on 8-8-1994 and came into force on 1 January 1995. Decree No. 31/CP of the Government decree that banned sales of guns, foreign manufactured guns promulgated on 5 January 1995, with effect from 1 July 1995. To strictly obey the directive, the Decree of the Government, the Supreme People's Procuratorate, the Ministry of the Interior, the Supreme People's Court President for direction of population as follows: a. on the APPLICATION OF CERTAIN PROVISIONS of the CRIMINAL CODE to HANDLE the ACTS of BURNING FIRECRACKERS.
 
I. the CONCEPT of FIRECRACKERS and BURNING FIRECRACKERS: firecrackers is a product inside containing smoking guns when there are external forces, the impact caused an explosion.
Fireworks burst forth in this circular includes: burning, throwing, beating, or use any other form of explosive cannon.
 
II. ABOUT the PROCESSOR: 1. People would burn firecrackers have one of the following situations were save the criminal liability for the crime of "disturbing public order" under paragraph 1 to article 198 of the Penal Code.
a) Fireworks exploding in public, those where meetings, gathering places...;
b) Fireworks with an equal number of 1 kg or more for the finished gun, or the equivalent of 0.1 kg or more with smoking guns;
c) Fireworks thrown out on the street, thrown into the others, throw in other media are in circulation, the throw from on high down to the Fireworks carry cars are running;
d) Fireworks cause damage to the health of other people's property, but the extent of the damage to the extent that prejudice to criminal liability for a crime;
e) has dealt with the Administration about the behavior of burning firecrackers that also violates.
2. Who would burn firecrackers have one of the following situations will suffer prejudice criminal liability under paragraph 2 to article 198 of the Penal Code: a) Has been convicted on charges of "disturbing public order" under section A of paragraph 1 of this circular;
b) entice provoke children or entice provoke many of the same Fireworks;
c) assaulting people who intervene to protect public order;
d) Fireworks with an equal number of 5 kg or more for the finished gun, or the equivalent of 0.5 kg of smoking guns and above for other categories that contain smoking guns.
3. If fireworks explode causing serious consequences such as Causing serious damage to life, health, property of others in addition to prejudice criminal liability under article 198 of the Penal Code, the violation can be traced to criminal bail on charges set forth in The criminal law with serious consequences caused by burning firecrackers caused the behavior. For example if fireworks explode causing injury or harm to the health of another person to have to handle criminal, then just being prejudice criminal liability for the crime of "disturbing public order" under article 198 of the Penal Code, has been blind for criminal liability for the crime of "intentionally causing injury or harm to the health of another person" under article 109 of the Penal Code.
 
B. on the APPLICATION OF CERTAIN PROVISIONS of the CRIMINAL CODE to HANDLE the ACTS of PRODUCING, storing, SHIPPING PURCHASE SMOKING guns, FIRECRACKERS and FOREIGN GUNS production. The CONCEPT of SMOKING guns: the drug is potentially explosive Cannon cause up 1 fast chemical reactions powerful, exothermic, and boom.
 
II. For: 1. any Person behaving produce firecrackers, manufacture, storage, transport, use, unauthorized trading or appropriating the smoking gun, being blind for criminal liability for the crime of "manufacturing, storing, unauthorized trading or appropriating explosive flammable" under article 96 of the Penal Code.
2. any Person behaving the firecrackers, or storing, transport behaviours for the purpose of trafficking in the country the kinds of firecrackers, the foreign production guns, being prejudice to criminal offence "trafficking in prohibited" under article 166 of the Penal Code.
3. Who would have carriage purchase behavior cross-border artillery explosions, artillery due to the foreign production, being prejudice to criminal offence "smuggling or illegal transportation of goods across the border," according to article 97 of the Penal Code.
 
III. ABOUT the AMOUNT of DELINQUENCY to PREJUDICE AS a BASIS for CRIMINAL LIABILITY UNDER the TERMS of the CRIMINAL CODE: 1. Who would manufacture, transport, storage and acquisition of unauthorized or misappropriate smoking Cannon, Cannon Blast the following quantities being prejudice to criminal offence under paragraph 1 of the Article : 96 97, Article 166, of the Penal Code: a) the Smoking Gun from 1 kg to 15 kg;
b) domestic production of Cannon and artillery by the foreign production: from over 30 kg to 90 kg.
2-person production, transportation, storage and acquisition of unauthorized or misappropriate smoking Cannon, Cannon Blast ... the following quantities being prejudice criminal liability according to paragraph 2 of Article 96, Article 97, Articles: Article 166 of the Penal Code: a) Smoking France from over 15 kg to 75 kg;
b) Cannon Blast produced in the country, the French foreign types produced from over 30 kg to 90 kg.
3. Who does the production, transportation, storage and acquisition of unauthorized or misappropriate smoking guns, explosives following quantities being prejudice criminal liability according to paragraph 3 of article 96, Article 97, Articles: Article 166 of the Penal Code: a) guns from Drug on 75 kg;
b) Cannon Blast produced in water, the type of foreign guns produced over 90 kg.
4-person production, purchase, sale, transport, possession or unauthorized medications appropriation Cannon, Cannon Blast domestic production, foreign manufactured guns that the amount not yet to the extent the instructions in this circular section III 1 telescopic but in one of the following cases, the prejudice criminal liability according to clause 1 of the Article : 96 97, Article 166, of the Penal Code: a) has dealt with the administration but also the violation;
b) professional in nature;
c) Causing serious consequences.
5-person at the same time committing crimes defined in one of the following articles: Article 96, article 97, article 166 of the Penal Code or the same time infringement offences prescribed in many different laws (just a crime specified in article 96, just a crime specified in article 97 or all 3 Article 96 , 97, 166 of the Penal Code) must be judged with high penalty levels of penalty provisions for each crime.
6-The case of the rental vehicle owners or drivers who transport drugs Cannon, Cannon produced in water, the type of foreign guns produced this circular shall apply to prejudice criminal liability for objects.
7-in any case, smoking cannons, Cannon Blast produced in the country, the foreign gun manufacturers and raw materials, the tool used to produce the smoking gun, Cannon Blast ... must be confiscated.
With regard to illegal material is the artillery to destroy the organization. When culling must be representative of the Procurator to attend and sign the documents destroyed.
 
C. IMPLEMENTATION: the police, procuratorate, courts of all levels need to work closely in the investigation, prosecution, trial to strict, timely handling of the offense.
in the local need to select some service brought in a total project points, apply circular 01/TTLN on 15-10-1994 of a quick investigation to prosecution, trial, save to high educational effect, stop. At the same time the legal protection bodies need good coordination with other State agencies, political organizations, social ... to strictly implement the Government's policy on this issue.
In the process, if there are problems, the need to report to the local authorities on timely instructions.
This circular has effect from the date of signing.
The previous instructions left with guidance in this circular are repealed.