Lang Son propose to put fireworks on the list of prohibited goods for business

Fireworks were seized by Lang Son Customs Department. Photo: H.Nụ

According to representatives of the Steering Committee 389 of Lang Son, in recent years Lang Son has always been determined as a key area for the trading and transporting of illegal fireworks from China to Vietnam. This operation happens throughout the year with extra complications and situations at the end of year, and especially at the time of the Lunar New Year. All kinds of smuggled fireworks are made in China and bought at cheap prices but it is separated into small packs for sale when it arrives in Vietnam so that profit earnings are much higher.

With regard to the demand of people, importantly, the domestic area is still not responsive to advisory information, and violation of exploding firecrackers in the Lunar New Year. Therefore, the prevention of illegal fireworks in the border area is difficult, and as Tet holiday comes ever closer the situation of transporting and trading smuggled fireworks is more complicated with many sophisticated tricks.

In fact, Lang Son borderline has always been the hot spot of smuggled firecrackers for many years, especially at the end of the year. Representatives of Lang Son Customs Department said that in the last months of the year, the unit has deployed plans and guided the units to carry out the fight against crime on the border. Particularly, to deploy forces for strict enforcement and supervision in coordination with competent forces in order to fight against smuggling and illegal transporting of cross-border goods, including firecrackers of all kinds.

Statistics show that from the beginning of this year, the competent forces of Lang Son province have detected and arrested 135 cases. 175 people bought and illegally transported and stored firecrackers. 6 tons of firecrackers of all kinds were seized, and the competent forces have prosecuted and investigated 68 cases and 89 people have been accused.

Despite the drastic measures taken to prevent border infringements, the handling of evidence as well as the "scanning" of the smuggling activity of firecrackers still remains a daunting problem. Therefore, the Steering Committee 389 of Lang Son has issued Document No. 156 / BCĐ-CQTTr and sent it to Permanent Office of the National Steering Committee 389 on solving some difficulties and obstacles in the struggle of handling trade and the transport of firecrackers from China to Vietnam.

According to the Steering Committee 389 of Lang Son, the struggle, handling of illegal trading and transportation of firecrackers is facing difficulties due to Law No 03 / QH / 2016 dated 22/11/2016 amended and supplemented to Article 6 and Annex 4 of the List of trades and business lines subject to conditional investment of the Investment Law which took effect from 1/1/2017. It stipulated and supplemented, “the trade of firecrackers” is a prohibited business but the business of other crackers is a conditional business.”

Based on this provision, the acts of producing, trading, transporting, storing and using firecrackers will be handled as a criminal violation if there is enough evidence. Other acts of producing, trading, transporting, storing and using other crackers (including fireworks, single firework,…) is a conditional business and exempted from criminal liability”, stated in document of Steering Committee 389 Lang Son.

Having discussions with a Customs News reporter, representatives of the Steering Committee 389 of Lang Son province said that, in recent times, when trialing criminal cases of firecrackers, the People's Courts at Lang Son requested to appraise the evidence in order to determine whether it was firecrackers or fireworks, so that it could be used as a basis for defining committed crimes or not. When conducting the request for verification of firecrackers, the Criminal Science Verification Agency - Ministry of Public Security, has concluded that boxes of firecrackers, types with 25, 36, and 50 pieces / 1 box, and grenades produced by China, once lit explode and have colors and light, is a kind of "fireworks", so it should not be dealt with as criminal trading and transportation of prohibited goods. At the same time, if handling the acts of smuggling or illegal transportation cross-border goods, the goods must be identified as valued at VND 100 million or over.

Meanwhile, this type of cracker if considered in terms of nature, has the same level of danger to firecrackers and accounts for about 80% of the number of firecrackers discovered and arrests in Lang Son province. Previously, the procedural authorities have applied Joint Circular No. 06 dated 25/12/2008 between the Public Security Ministry, the People's Procuracy of Vietnam and the Supreme People's Court for criminal sanction if they have enough evidence.

According to Steering Committee 389 of Lang Son province, with the application of the current legal regulations, the identification of prohibited firecrackers and the violation sanctions of firecrackers are not appropriate with the reality. It does not ensure the deterrence that leads to the situation of illegal trading, transportation, storage and use of firecrackers and in the near future will be complicated for both border and inland areas, especially in the period of Lunar New Year of 2018.

From the above facts, the Steering Committee 389 of Lang Son has proposed to Permanent Office of National Steering Committee 389 to petition to competent authorities for considering and putting firecrackers which are explosions, have light including fireworks, single fireworks, into the list of prohibited goods banned from business as prescribed in the previous documents. Thus the competent authorities could have strong sanctions in the struggle of handling and prosecuting effectively.