Important Reminder:
Sell fireworks on Moments
Regardless of whether there is a sales license or not, it is suspected of violating the law
Once there is a problem with the fireworks sold
Sellers, Retweeters
All of them must bear relevant legal responsibilities
Can fireworks be bought and sold online?
If a merchant publishes sales information in the circle of friends, it is an indicative or suggestive information, that is, telling everyone to go to a designated place to buy fireworks, it is not illegal. If in the information posted on Moments, the transaction location is not the designated sales location, including home delivery, regardless of whether there is a sales license or not, it is suspected of violating the law. If the circle of friends sells fireworks and firecrackers without permission, and the amount of illegal business exceeds 50,000 yuan, or the illegal income exceeds 10,000 yuan, it has already met the standard for the crime of illegal business.
What kind of license do you need to sell fireworks?
According to the relevant provisions of the "Regulations on the Safety Management of Fireworks and Firecrackers", the sale of fireworks and firecrackers must apply for a fireworks and firecrackers business (retail) license, and the corresponding license can only be sold. At the same time, the operation of fireworks and firecrackers is divided into wholesale and retail, engaged in the wholesale of fireworks and firecrackers enterprises and retail operators of the business distribution, should also be subject to the safety production supervision and management department for approval.
Legal responsibility for selling fireworks and firecrackers in the circle of friends
"If the amount of fireworks and firecrackers sold through WeChat Moments is relatively large, it will be suspected of the crime of illegal business operation, and according to article 225 of the Criminal Law, disrupting market order, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention, and/or a fine of not less than one time but not more than five times the amount of illegal gains; ”
Article 36 of the Regulations on the Safety Management of Fireworks and Firecrackers stipulates that for the production and sale of fireworks and firecrackers products without permission, or the sale of black powder, pyrotechnic powder and ignition wire to units or individuals who have not obtained the safety production license for fireworks and firecrackers, the production safety supervision and management department shall order them to stop illegal production and business activities, impose a fine of not less than 20,000 yuan but not more than 100,000 yuan, and confiscate the illegal production and operation of goods and illegal gains. For the unauthorized transport of fireworks and firecrackers by road, the public security department shall order the illegal transportation activities to be stopped, impose a fine of not less than 10,000 yuan but not more than 50,000 yuan, and confiscate the illegally transported goods and illegal gains. Anyone who illegally produces, operates, or transports fireworks and firecrackers that constitutes a violation of the administration of public security shall be punished by the administration of public security in accordance with the law; and those who constitute a crime shall be investigated for criminal responsibility in accordance with the law. It is important to note that there is also responsibility for forwarding. Many people will help their friends forward such advertisements, and once there is a problem with the fireworks sold, the seller and the forwarder will have to bear the relevant legal responsibility.
Year-end and New Year's holidays
Fireworks need to be done
Safe production and fireworks
Please keep this reminder!
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Source: People's Daily Science Popularization, Hunan Public Security, Changsha Police, Emergency Management Department
Editor: Shi Lili
Review: Chen Xiaobin Producer: Zhu Fengjin
Producer: Xianning Daily Network Media Center
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