Nghị định 39/2009/NĐ-CP về vật liệu nổ công nghiệp

DECREE

ON INDUSTRIAL EXPLOSIVE MATERIALS

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 14, 2005 Commercial Law;
Pursuant to the November 21, 2007 Chemical Law;
At the proposal of the Minister of Industry and Trade,

DECREES:

Chapter 1

GENERAL PROVISIONS

Article 1. Scope of regulation

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This Decree does not apply to industrial explosive materials activities for security and defense purposes and in emergency cases as prescribed by law.

Article 2. Subjects of application

This Decree applies to organizations and individuals engaged in industrial explosive materials activities in Vietnam.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Explosive means a chemical or a chemical mixture produced and used to create explosive reaction under mechanical, thermal, chemical or electric activation.

2. Explosive accessories means primers, detonating cords, fuses, percussion caps and explosive-containing articles that provide initial activation to detonate an explosive charge or specialized devices containing explosive.

3. Explosive pre-substances means materials directly used for explosive production, including ammonium nitrate (NH4NO3, nitromethane (CH3NO2), sodium nitrate (NaNO3), potassium nitrate (KNO3), sodium chlorate (NaCIO3), potassium chlorate (KClO3) and potassium perchlorate (KClO4).

4. Industrial explosive materials means explosives and explosive accessories used for civil purposes.

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6. Vietnam's list of industrial explosive materials means an enumeration of industrial explosive materials permitted for circulation and use in Vietnam. It indicates the classification, packaging specifications, quality indicators and origin of industrial explosive materials.

7. Production of industrial explosive materials means the process of creating explosives and explosive accessories, including creation of explosives right at places of use, re-processing, packaging and labeling industrial explosive material products, excluding division and packaging to create explosive amounts required at blasting sites.

8. Preservation of industrial explosive materials means keeping industrial explosive materials in storehouses, in the course of transportation to places of use or at places of use.

9. Transportation of industrial explosive materials means carrying industrial explosive materials from one to another place.

Internal transportation means transportation of industrial explosive materials within the boundary of a mine, a construction site or an industrial explosive material production or preservation establishment along roads not crossing waterways and public roads.

10. Use of industrial explosive materials means the process of detonating industrial explosive materials according to a specified technology process.

11. Destruction of industrial explosive materials means the process of breaking or nullifying the explosive reaction capability of industrial explosive materials according to a specified technology process.

12. Trading of industrial explosive materials means carrying out one, some or all activities of purchasing, selling, importing, exporting, temporarily importing, re-exporting and transporting in transit industrial explosive materials.

13. Research and development of industrial explosive materials technology means the whole process of creating new industrial explosive material products or just a step of the process to determine the composition, improve the technology process and production equipment line and determine the applicability of products.

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15. Test of industrial explosive materials means technical manipulations at a designated laboratory or site or place to determine technical characteristics and risks of industrial explosive materials under practical use conditions.

16. Industrial explosive materials activities means carrying out any of activities of research, testing, production, purchase and sale, import export, preservation, transportation, use, destruction and blasting impact supervision.

17. Safe distance means the minimum distance required in all directions from the blasting site or a workshop, storehouse or vehicle containing industrial explosive materials to objects to be protected (people, houses, works or storehouses, public roads and other vehicles containing industrial explosive materials) to keep these objects from excessive impacts in terms of vibration, air wave and flying stone according to current standards and regulations upon blasting or occurrence of a fire or explosion of a vehicle or a storehouse containing industrial explosive materials.

18. Blasting commander means a person with sufficient skills and experience responsible for guiding, directing and supervising all operations related to the use of industrial explosive materials at a blasting site.

19. Blasting impact supervision means using equipment and devices for measuring, analyzing and assessing the level of vibration and impact of air wave caused by blasting.

Article 4. Principles of management of industrial explosive materials activities

1. The State holds monopoly on industrial explosive materials production and trading. The number, scope and size of enterprises producing and trading industrial explosive materials shall be decided by the Prime Minister in line with the industrial explosive materials development planning and specific socio-economic conditions in each period, to prevent abuse of monopoly status, ensure national interests and legitimate interests of enterprises.

2. To build and develop an advanced and complete industrial explosive materials industry from production of raw materials to products, meeting the demand of the national economy and export. To closely combine economic activities with defense, exploit to the utmost the capacity of defense and chemical industries in the development of the industrial explosive materials industry.

3. Only after obtaining permission of competent agencies may organizations and individuals participate in industrial explosive materials activities. They shall strictly comply with laws, safety technique standards and regulations on industrial explosive materials, fire prevention and fighting, and relevant regulations to assure security, social order and safety for people, property and the natural environment.

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1. Researching, testing, producing, trading, preserving, transporting and using industrial explosive materials without licenses and certificates of eligibility as required by this Decree.

2. Circulating and using industrial explosive materials which are unsafe and not on Vietnam's list of industrial explosive materials according to this Decree.

3. Illegally transferring, leasing, lending, mortgaging, donating, concealing or owning industrial explosive materials.

4. Using industrial explosive materials for illegally hunting and exploiting animals and plants, causing harm to human health, destroying the ecological environment and undermining security, safety and social order.

5. Employing in industrial explosive materials activities minors, persons without valid personal identity papers, persons with restricted or lost civil act capacity, persons being examined for penal liability or former convicts who have not yet had their criminal records remitted.

6. Abusing one's position and power to illegally obstruct, trouble and harass production and trading activities of organizations and individuals or covering up illegal acts related to industrial explosive materials.

7. Failing to supply information or supplying untruthful information on industrial explosive materials, Failing to promptly report, concealing or distorting information on stolen or lost quantities of, and accidents and incidents related to, industrial explosive materials.

8. Other acts prohibited by law.

Chapter 2

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Section 1. GENERAL REQUIREMENTS ON INDUSTRIAL EXPLOSIVE MATERIALS ACTIVITIES

Article 6. Safety technique management organization systems

Organizations and individuals carrying out industrial explosive materials activities shall establish safety technique management organization systems to be directly managed and directed by their leading officials and assign qualified and experienced persons to perform safety technique work at each of sections and positions at high risk of fire or explosion.

Article 7. Requirements on security and order assurance and fire prevention and fighting

Organizations and individuals carrying out industrial explosive materials activities shall prepare security and order protection plans and fire prevention and fighting plans and measures for their production units, storehouses, loading and unloading places and industrial explosive materials-transporting vehicles in operation, and organize periodical drills according to regulations. Industrial explosive materials storehouses must have plans for emergency prevention and response.

Article 8. Dossiers and documents on industrial explosive materials activities

Organizations and individuals carrying out industrial explosive materials activities shall preserve and keep books and vouchers on each kind of industrial explosive material produced, purchased, sold, imported, exported, used, transported, preserved, left in stock and destroyed for 10 (ten) years, counting from the date of production, purchase, sale, import, export, use, transportation, preservation, keeping in stock or destruction.

Article 9. Requirements on training

Organizations and individuals carrying out industrial explosive materials activities shal conduct training in safety techniques, fire prevention and fighting and emergency prevention and response in industrial explosive materials activities, and propose competent agencies to examine and grant certificates under Section 8 of this Decree.

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Organizations and individuals carrying out industrial explosive materials activities shall register and obtain permission of People's Committees of provinces or centrally run cities for places of loading and unloading industrial explosive materials.

Article 11. Requirements on destruction of industrial explosive materials

Industrial explosive materials which are beyond their expiry date, inferior in quality and no longer recyclable for use shall be destroyed according to current standards and technical regulations on industrial explosive materials. Destruction of industrial explosive materials shall be conducted by organizations licensed to produce and use industrial explosive materials.

Section 2. ASSESSMENT AND CLASSIFICATION OF INDUSTRIAL EXPLOSIVE MATERIALS

Article 12. Requirements on industrial explosive material products

All industrial explosive materials shall, before being put into circulation and use, be tested, assessed and classified to ensure conformity with safety, quality, packaging and labeling requirements under current standards and regulations on industrial explosive material products.

Article 13. Classification of industrial explosive materials

1. Industrial explosive materials shall be classified by degree of danger and stability against impacts of external surroundings upon preservation, transportation and use. Classification must be based on tests and assessments prescribed in Article 14 of this Decree.

2. Standards and regulations used as a basis for classification and assessment of industrial explosive materials must comply with regulations of the Globally Harmonized System of Classification and Labeling of Chemicals and Vietnam's practical conditions.

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Article 14. Testing and assessment of industrial explosive materials

1. Industrial explosive materials shall be tested and assessed in the following cases:

a/ Industrial explosive materials newly produced in Vietnam;

b/ Industrial explosive materials newly imported into Vietnam which have no testing and assessment results accredited under law;

c/ Serving state examination work under the law on quality of products and goods.

2. Producers and importers shall test, assess and classify new industrial explosive materials before submission to competent agencies for verification and inclusion in the list of industrial explosive materials permitted for circulation and use in Vietnam.

3. Industrial explosive materials shall be tested and assessed by designated conformity assessment organizations. The Ministry of Industry and Trade shall prescribe the recognition of results of testing and assessment of industrial explosive materials by foreign testing organizations.

4. Contents of test and assessment of new industrial explosive materials comply with current standards and regulations. New industrial explosive materials to be used in environments with hazardous explosive gas and dust or high temperature must be tested under practical conditions in addition to tests completed in designated laboratories.

5. Contents of test and assessment of industrial explosive materials to service state examination work comply with requests of agencies responsible for state examination of quality of industrial explosive materials.

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Section 3. RESEARCH AND PRODUCTION OF INDUSTRIAL EXPLOSIVE MATERIALS

Article 15. Research and development of industrial explosive materials technologies

1. Research and development of industrial explosive materials technologies shall be conducted by scientific and technological institutions or industrial explosive materials-producing enterprises with sufficient technical and material conditions.

2. Industrial explosive materials technology research and development institutions shall make research projects and have them approved by competent agencies according to regulations.

3. Industrial explosive materials technology research and development institutions shall implement projects according to approved scale and contents.

4. The production or transfer of production technologies on an industrial scale may only be conducted at industrial explosive materials-producing establishments that are eligible according to regulations.

Article 16. Management of explosive pre-substances

1. The production, import, export, preservation, transportation, purchase and sale of explosive pre-substances must meet security requirements according to regulations on management of industrial explosive materials and safety requirements according to the law on hazardous chemicals.

2. Organizations producing, importing, exporting, purchasing and selling explosive pre-substances must possess licenses granted by competent agencies.

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4. Mixed substances with an explosive pre-substance content of more than 45% must be managed in terms of security and safety under Clause 1 of this Article.

Article 17. Conditions for industrial explosive materials production

1. Industrial explosive materials-producing organizations must be enterprises with 100% state capital and assigned tasks by the Prime Minister at the proposal of the Ministry of Industry and Trade and the Ministry of Defense.

2. The locations of production establishments, workshops and storehouses of industrial explosive materials must ensure security and order conditions and safety distances required for works and targets in need of protection according to current standards and regulations and relevant regulations.

3. Categories of products and scales of production must conform to the national plan on development of industrial explosive materials. Products must meet, through research and test, current standards and regulations on quality and safety techniques.

4. Workshops, storehouses, technologies, equipment and tools used in production must be designed and built according to the scale and characteristics of raw materials and produced industrial explosive materials; and meet requirements on fire and explosion prevention, anti-lightning, static electricity control and safety for laborers and environmental protection according to standards and regulations on safety techniques for industrial explosive materials and relevant regulations.

5. There must be sufficient standard-conformable measuring devices and equipment to check and monitor technological parameters and serve the quality examination of raw materials and finished products in the process of production; and separate and safe places for pilot detonation of industrial explosive materials according to current standards and regulations.

6. Managers, workers and employees involved in the production of industrial explosive materials must satisfy security and order requirements; possess professional qualifications corresponding to their working positions and duties, have been trained in safety techniques, fire prevention and fighting and response to incidents in industrial explosive materials production activities.

Article 18. Rights and obligations of industrial explosive materials-producing organizations

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1. To import explosive pre-substances or entrust the import thereof to industrial explosive materials-trading enterprises or production and business enterprises licensed to produce and import explosive pre-substances; and ensure sufficient stock of raw materials for the production of pre-substances according to plans committed with industrial explosive materials-trading or -using organizations.

2. To produce and sell products of proper categories according to their design capacity to industrial explosive materials-trading enterprises. To purchase explosive pre-substances and sell industrial explosive materials under-written contracts.

3. To notify standard conformity of industrial explosive material products and apply a quality management system to ensure product quality according to notified standards; to package and label industrial explosive material products according to current regulations on goods labeling and standards and technical regulations on packaging and labeling of industrial explosive material products.

Section 4. INDUSTRIAL EXPLOSIVE MATERIALS TRADING

Article 19. Conditions for industrial explosive materials trading

1. Industrial explosive materials-trading organizations must be enterprises with 100% state capital and assigned tasks by the Prime Minister at the proposal of the Ministry of Industry and Trade and the Ministry of Defense.

2. The locations of storehouses, ports and places of receiving, loading and unloading industrial explosive materials must ensure security and order conditions and safety distances required for works and targets in need of protection according to current standards and regulations and relevant regulations.

3. The system of distribution and assurance of quality for customers must have material and technical bases suitable to business tasks and scale; and meet the market needs of consumption and blasting services.

4. Storehouses, loading and unloading equipment, means of transport, equipment and tools used in trading activities must be designed and built according to the scale and characteristics of trading activities, meeting requirements specified in Section 6 of this Decree: if no storehouses and means of transport are available, there must be written lease contracts signed with organizations licensed to preserve and transport industrial explosive materials.

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Article 20. Rights and obligations of industrial explosive materials-trading organizations

In addition to other rights and obligations prescribed by law, industrial explosive materials-trading organizations have the following rights and obligations:

1. To make plans on quantities and categories of explosive pre-substances and industrial explosive materials to be stored and quantities and categories of explosive pre-substances and industrial explosive materials to be supplied, imported and exported annually to meet as committed the needs of industrial explosive materials-producing enterprises and organizations licensed to use industrial explosive materials; and to keep national reserves according to regulations.

2. To trade in explosive pre-substances and industrial explosive materials according to their trading licenses and licenses for importing and exporting explosive pre-substances and industrial explosive materials. To trade in explosive pre-substances and industrial explosive materials under written contracts.

3. To sell only industrial explosive materials on Vietnam's list of industrial explosive materials to organizations licensed to use industrial explosive materials. To purchase surplus and unused industrial explosive materials from organizations lawfully using industrial explosive materials when the latter wish to sell them.

4. To notify standard conformity of imported explosive pre-substances and industrial explosive materials and apply a quality management system to ensure their quality, packaging and labeling according to notified regulations when putting them into circulation and use.

Section 5. USE OF INDUSTRIAL EXPLOSIVE MATERIALS

Article 21. Conditions for use of industrial explosive materials

1. Being lawfully established organizations having made registration for trading in. or operating in business lines or fields requiring use of, industrial explosive materials.

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3. Possessing storehouses, technology, equipment and tools serving the use of industrial explosive materials which meet requirements under current standards and technical regulations and those specified in Section 6 of this Decree; if no storehouses and means of transport are available, there must be written lease contracts signed with organizations licensed to preserve and transport industrial explosive materials.

4. Managers, blasting commanders, blasting workers and employees involved in the use of industrial explosive materials must satisfy security and order requirements; possess professional qualifications corresponding to their working positions and duties, have been trained in safety techniques, fire prevention and fighting and response to incidents in the use of industrial explosive materials.

Article 22. Rights and obligations of industrial explosive materials-using organizations

In addition to other rights and obligations prescribed by law, industrial explosive materials-using organizations have the following rights and obligations:

1. To purchase only industrial explosive materials on Vietnam's list of industrial explosive materials from lawful industrial explosive materials-trading enterprises. To sell surplus and unused industrial explosive materials back to lawful industrial explosive materials-trading organizations.

2. To appoint blasting commanders and fully observe current standards and regulations on safety techniques in the use of industrial explosive materials when carrying out blasting activities.

3. To make blasting designs and plans suitable to the production scale and natural and social conditions of blasting places; to specify in blasting designs and plans measures to ensure safety and protect and prevent illegal entries into blasting sites; warning and blast initiation procedures; procedures for preserving, and supervising the use and destruction of, industrial explosive materials at blasting sites, and other matters according to current standards and technical regulations.

4. To have blasting designs and plans approved by agencies granting licenses for use of industrial explosive materials and permitted by provincial-level People's Committees or management agencies for blasting in residential areas, medical examination and treatment establishments, areas with historical and cultural relics and nature reserves, security and defense works or other important national works, and other protected areas according to law. To supervise blasting impacts on works and targets in need of protection located in the areas affected by blasting.

Section 6. PRESERVATION AND TRANSPORTATION OF INDUSTRIAL EXPLOSIVE MATERIALS

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1. Only organizations licensed to produce, trade in or use industrial explosive materials or provide blasting services may invest in building industrial explosive materials storehouses. The construction, expansion and renovation of industrial explosive materials storehouses must comply with the law on investment in the construction of works, technical regulations and relevant laws currently in force.

2. Industrial explosive materials shall be preserved in storehouses and places meeting requirements on security and safety distances for works and targets in need of protection, complying with current standards and regulations on construction structure and materials and requirements on fire and explosion prevention, anti-lightning, static electricity control, safety for laborers and environmental protection according to current standards and technical regulations and relevant regulations.

3. Managers, storehouse keepers, guards and employees involved in the preservation of industrial explosive materials must satisfy security and order requirements; possess professional qualifications corresponding to their working positions and duties, have been trained in safety techniques, fire prevention and fighting and response to incidents in activities related to the preservation of industrial explosive materials.

4. In the course of operation, in addition to rights and obligations prescribed by law, organizations and individuals managing industrial explosive materials storehouses shall observe the following regulations:

a/ To furnish equipment and means to serve protection and guard activities, fire and explosion prevention, information and communication, loading and unloading and distribution of industrial explosive materials according to current standards and regulations and relevant laws. To refrain from using industrial explosive materials storehouses for other purposes during the validity term of industrial explosive materials activity licenses;

b/ To make plans for fire fighting, security and order protection, measures to handle and collaborate with local administrations in dealing with fires, illegal entrants and other emergency cases. To register managers, storehouse keepers and employees with local police;

c/ On the basis of current standards and regulations, to formulate the process of guard and protection, examination and control of people entering and leaving and working in storehouses, procedures for disposing of and destroying deteriorated industrial explosive materials. The receipt, delivery and distribution of industrial explosive materials must strictly follow the process and ensure proper objects approved by leaders of units.

Article 24. Transportation of industrial explosive materials

1. Conditions on transportation of industrial explosive materials

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b/ Having means of transport meeting all conditions for operation and moving on the road in accordance with the traffic law and for transporting industrial explosive materials according to current standards and regulations on industrial explosive materials, fire prevention and fighting and relevant regulations;

c/ Managers, operators of means of transport, escorts and employees involved in the transportation of industrial explosive materials must satisfy security and order requirements: possess professional qualifications corresponding to their working positions and duties, have been trained in safety techniques, fire prevention and fighting and response to incidents in activities related to the transportation of industrial explosive materials;

d/ Except for internal transportation, the transportation of industrial explosive materials on public roads must be verified and licensed by competent agencies. The order and procedures for granting transportation licenses comply with Chapter III of this Decree.

2. In the course of operation, in addition to rights and obligations prescribed by law, organizations and individuals transporting industrial explosive materials have the following rights and obligations:

a/ To transport industrial explosive materials according to transportation licenses. To check the state of cargo and means of transport before departure or upon every stop, and promptly redress any damage;

b/ To transport industrial explosive materials only on means of transport with adequate danger symbols and signs and meeting all requirements on cargo arrangement, packages and labels according to the law on transportation of dangerous cargo and regulations on transportation of industrial explosive materials;

c/ To work out measures to prevent and respond to emergencies, plans to protect security and order, and measures to fight fires, handle, contact and collaborate with local administrations in emergency cases in which means of transport transporting industrial explosive materials encounter incidents en route;

d/ To arrange sufficient escorts equipped with support tools when transporting industrial explosive materials. Escorts and operators of means of transport shall preserve and protect cargo throughout the course of transportation;

e/ Except for emergency cases specified at Point f of this Clause, it is prohibited to transport industrial explosive materials through urban centers and populous areas during peak houses; to stand or stop means of transport at populous places and near filling stations; to load and unload cargo or change standing and stopping places and routes of transportation specified in transportation licenses;

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Section 7. BLASTING SERVICE

Article 25. Forms of and requirements on blasting services

1. Blasting services include:

a/ Local blasting service within the land boundaries of a province or centrally run city;

b/ Blasting service on the continental shelf;

c/ Blasting service with a scope of operation in the entire territory of Vietnam and the region.

2. The number, scope and size of blasting service organizations must suit the tasks and needs of concentrated construction and mineral activities, and peculiar socio-economic conditions of each locality.

3. When necessary to ensure security and social order and safety, state management agencies in charge of industrial explosive materials may designate and compel the provision of blasting services in areas and sites with peculiar security and social order conditions.

Article 26. Conditions on, and interests and obligations of blasting service organizations

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2. Having sufficient conditions prescribed in this Decree to use, preserve and transport industrial explosive materials. Having material and technical bases and staff at least sufficient for providing services for 5 (five) service-hiring organizations.

3. In addition to rights and obligations prescribed by law, service providers have all rights and obligations defined in this Decree when using, preserving and transporting industrial explosive materials for providing blasting services.

Article 27. Rights and obligations of blasting service-hiring organizations

In addition to rights and obligations prescribed by law, blasting service-hiring organizations have the following rights and obligations:

1. Not to be required to obtain licenses for hired industrial explosive materials activities.

2. Not to hire many organizations to provide the same service at a single location or place.

3. To comply with the direction of service providers in specific operations of preserving, transporting and using industrial explosive materials.

4. To cooperate with and assist service providers in dealing with security and order issues in industrial explosive materials activities.

Section 8. TRAINING IN SAFETY TECHQNIQUES IN INDUSTRIAL EXPLOSIVE MATERIALS ACTIVITIES

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1. Leaders of organizations and managers of sections directly related to industrial explosive materials activities.

2. Blasting commanders and workers.

3. Storehouse keepers, operators of means of transport and escorts of transportation of industrial explosive materials.

4. Employees directly involved in activities related to industrial explosive materials, including protection and guard, loading and unloading or other activities at blasting places not related to the connection and checking of denotation networks and activation.

Article 29. Contents of '.raining in safety techniques in industrial explosive materials activities

1. Persons specified in Clause 1. Article 28 of this Decree shall be trained in legal knowledge about management of industrial explosive materials, fire prevention and fighting and security and order protection in industrial explosive materials activities; business administration skills; methods of making and implementing plans for and measures of preventing and responding to emergencies, and methods of examining and supervising blasting operations.

2. Persons specified in Clauses 2, 3 and 4, Article 28 of this Decree shall be trained in contents prescribed in current standards and regulations on safety techniques in industrial explosive materials activities.

3. The Ministry of Industry and Trade shall specify training programs and contents for persons specified in Clause 1 of this Article and promulgate regulations on safety techniques involving training programs and contents for persons specified in Clauses 2, 3 and 4, Article 28 of this Decree.

Article 30. Grant of certificates of safety techniques for industrial explosive materials

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2. Certificates are valid for two years and effective nationwide. In case of change in operation conditions, industrial explosive materials-managing agencies in places where industrial explosive materials activities are carried out shall conduct additional training in issues related to such change; hold exams and grant certificates.

Section 9. REPORTS ON INDUSTRIAL EXPLOSIVE MATERIALS ACTIVITIES

Article 31. Reporting in abnormal cases

Organization, individuals and persons related to industrial explosive materials activities shall report to competent agencies the following cases:

1. To report within 24 hours to local police offices in areas where industrial explosive materials activities are carried out on any illegal entries into areas where industrial explosive materials are stored or on stolen or lost quantities of industrial explosive materials for unknown reasons or doubts about loss of industrial explosive materials.

2. To report within 24 hours to district-level People's Committees and Industry and Trade Services of provinces or centrally run cities where industrial explosive materials activities are carried out on the termination of industrial explosive materials activities or accidents and incidents in industrial explosive materials activities. To send written reports within 48 hours after termination of industrial explosive materials activities or occurrence of accidents and incidents.

Article 32. Periodical reporting on industrial explosive materials activities

1. Organizations carrying out industrial explosive materials activities shall report to the Industry and Trade Services and police departments of provinces or centrally run cities before June 25, for biannual reports, and before December 25. for annual reports, on quantities and categories of industrial explosive materials preserved, transported and used and related issues.

2. Every six months, nine months and year, industrial explosive materials-trading organizations shall make statistical reports on traded, supplied, imported, exported and stockpiled quantities of industrial explosive materials to the Ministry of Industry and Trade.

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4. The Ministry of Industry and Trade shall specify forms of report on industrial explosive materials.

Chapter 3

GRANT OF INDUSTRIAL EXPLOSIVE MATERIALS ACTIVITIES

Article 33. Certificates and licenses for industrial explosive materials activities

1. Certificate of eligibility for producing industrial explosive materials and explosive pre-substances.

2. License for trading in industrial explosive materials and explosive pre-substances.

3. License for importing and exporting industrial explosive materials and explosive pre-substances.

4. License for using industrial explosive materials.

5. Blasting service license.

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Article 34. Dossiers, order and procedures for grant of certificates and licenses

1. Organizations applying for certificates or licenses shall compile dossiers and send them to competent state agencies defined in Article 36 of this Decree.

2. A dossier of application for a certificate or license comprises:

a/ An application for a certificate or license, made according to a set form;

b/ A copy of the business registration certificate;

c/ Papers and documents evidencing satisfaction of conditions and requirements specified in Chapter II of this Decree, corresponding to the type of operation for which a certificate or license is applied.

The Ministry of Industry and Trade shall specify dossiers of documents evidencing satisfaction of conditions and requirements on production, trading, preservation and use and blasting services for entities defined in Clauses 1 and 2, Article 36 of this Decree.

The Ministry of Public Security shall specify dossiers of documents evidencing satisfaction of conditions and requirements on transportation of industrial explosive materials.

The Ministry of Defense shall specify dossiers of documents evidencing satisfaction of conditions and requirements on use of industrial explosive materials of enterprises under the Ministry of Defense.

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4. Dossier-receiving agencies shall examine dossiers and issue receipts to their submitters. A receipt must indicate the status of the submitted dossier and necessary supplementation and modification, if any.

5. Within 7 (seven) working days after receipt of complete and valid dossiers specified in Clause 2 of this Article, competent state agencies shall grant certificates or licenses to applicants. In case of refusal, they shall issue written replies stating the reasons.

6. Applicants for certificates or licenses shall pay charges and fees in accordance with law. The Ministry of Finance shall prescribe the rates as well as the collection, management and use of charges and fees for the grant of certificates and licenses.

Article 35. Contents and validity of certificates and licenses

1. A certificate or license contains the following major details:

a/ Name and address of head office of the organization carrying out industrial explosive materials activities;

b/ Location and scope of industrial explosive materials activities;

c/ Type of activity, quantity and categories of industrial explosive materials and explosive pre-substances;

d/ Technical conditions according to security and safety requirements prescribed in this Decree and current standards and regulations;

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2. No validity term is prescribed for eligibility certificates. Annually, agencies granting eligibility certificates shall assume the prime responsibility for. and coordinate with concerned agencies in, examining the eligibility certificate holders in their observance of conditions specified in their certificates.

3. The validity term of licenses is prescribed as follows:

a/ Not exceeding 5 (five) years for licenses for trading in industrial explosive materials and licenses for using industrial explosive materials for mining;

b/ According to the work duration but not exceeding 2 (two) years for licenses for using industrial explosive materials serving work construction, research, testing, and petroleum operations, and blasting service licenses;

c/ According to the period requested in the dossier but not exceeding 3 (three) months for licenses for importing and exporting industrial explosive materials or explosive pre-substances;

d/ According to the period requested in the dossier but not exceeding 6 (six) months for licenses for transporting industrial explosive materials. When necessary to ensure political security and social order and safety in national activities or political security-sensitive areas, the Ministry of Public Security shall prescribe and guide in detail the period of suspension of the grant of licenses for transporting industrial explosive materials, which must not be 2 (two) days longer than the time of happening of such activity.

4. The Ministry of Industry and Trade shall specify forms of certificates and licenses for producing, trading, preserving and using industrial explosive materials and blasting services.

The Ministry of Public Security shall specify the form of license for transporting industrial explosive materials and the dossier, order and procedures for granting this license.

Article 36. Agencies issuing certificates and licenses

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2. People's Committees of provinces and centrally run cities shall organize the grant, modification and revocation of licenses for using industrial explosive materials with respect to remaining organizations under provincial management and grant licenses for using industrial explosive materials to enterprises defined in Clause 1 of this Article which have been equitized and in which the State no longer holds dominant shares, when their Ministry of Industry and Trade-granted licenses for using industrial explosive materials expire.

3. The Ministry of Public Security shall designate an agency to grant, modify and revoke licenses for transporting industrial explosive materials.

4. The Ministry of Defense shall designate an agency to grant, modify and revoke licenses for using industrial explosive materials with respect to enterprises under the Ministry of Defense.

Article 37. Renewal, modification and revocation of certificates and licenses

1. One month before the expiration of their licenses, organizations wishing to continue industrial explosive materials activities shall send written requests to competent agencies defined in Article 36 of this Decree.

If there is no change in the location, size and conditions of industrial explosive materials activities, competent agencies defined in Article 36 of this Decree shall renew licenses with a validity term not longer than that of the first ones and collect an appraisal charge equal to half of that for the grant of new licenses.

2. If an organization carrying out industrial explosive materials activities has any change in its business registration, location, size and conditions of activities, a competent agency defined in Article 36 of this Decree shall grant a modified certificate or license. Dossiers and the order and procedures for granting modified certificates and licenses are the same as those for granting new ones.

3. An organization that has its certificate or license damaged or lost shall make a written request for re-grant thereof to a competent agency defined in Article 36 of this Decree. After making 3 (three) announcements within 1 (one) week on its official website, the competent licensing agency shall re-grant the certificate or license if there is no evidence that the lost one is found; the re-granted certificate or license will have the same details and validity term as the lost one and indicate the invalidation of the lost one.

4. An organization may has its certificate or license revoked in the following cases:

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b/ Failing to satisfy all or comply with conditions required in the certificate or license;

c/ Violating the certificate or license without taking any remedies within the time limit set by a competent agency;

d/ Leasing or lending the certificate or license; modifying the certificate or license without permission;

e/ Seriously violating the provisions of this Decree and current standards and regulations on safety techniques in industrial explosive materials activities;

f/ Terminating industrial explosive materials activities;

g/ The certificate or license has been granted ultra vires.

Competent licensing agencies may revoke certificates or licenses they have granted. Organizations having certificates or licenses revoked shall send these certificates or licenses and all duplicates thereof to licensing agencies within 7 (seven) days after receiving revocation decisions.

Article 38. Notification and supply of information on certificates and licenses

1. Certificate- and license-granting agencies shall announce on their official websites necessary information on the details of granted certificates and licenses, excluding information relating to security and defense secrets as prescribed by law Announced information will be as legally valid as original information in dossiers kept at certificate -and license-granting agencies.

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Article 39. Management and registration of certificates and licenses

1. Certificates and licenses are non-transferable.

2. Certificates and licenses shall be kept at registered head offices of their holders.

3. Within 3 (three) days before carrying out activities using industrial explosive materials, license holders shall register their licenses with the Industry and Trade Services of provinces or centrally run cities where these activities are carried out:

a/ A dossier of registration consists of a copy of the use license, a list of blasting commanders and directly related persons, blasting design or plan, and time of blasting;

b/ Within 3 (three) days after receiving a dossier, the Industry and Trade Service of the province or centrally run city shall certify registration for the registering organization. In case of refusal, it shall issue a notice stating the reason;

c/ Registering organizations and individuals shall pay a fee according to regulations of the Ministry of Finance;

d/ The Ministry of Industry and Trade shall specify the form of registration certificate.

Chapte 4

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Article 40. Responsibilities of state management of industrial explosive materials activities

1. The Government performs the unified state management of industrial explosive materials activities nationwide.

2. The Ministry of Industry and Trade is responsible to the Government for managing industrial explosive materials activities.

Article 41. State management responsibilities of the Ministry of Industry and Trade for industrial explosive materials

The Ministry of Industry and Trade shall, within the scope of its tasks and powers, perform the following tasks of state management of industrial explosive materials activities:

1. To promulgate according to its competence or assume the prime responsibility for, and coordinate with the Ministry of Defense, the Ministry of Public Security and concerned ministries and branches in, submitting to the Government for promulgation, legal documents, strategies, plannings and plans on development of industrial explosive materials and explosive pre-substances.

2. To make, revise and announce Vietnam's list of industrial explosive materials. To issue regulations on the grant, modification and revocation of licenses for activities involving industrial explosive materials and explosive pre-substances.

3. To guide the implementation of laws in activities involving industrial explosive materials and explosive pre-substances. specify conditions on persons directly related to industrial explosive materials activities and safety technique training, standards and regulations on safety techniques related to industrial explosive materials, regulations on quality, packaging, labeling and procedures for standard conformity notification, files on industrial explosive materials and incident response.

4. To assume the prime responsibility for. and coordinate with the Ministry of Defense, the Ministry of Public Security and concerned ministries and branches in. examining the implementation of laws in industrial explosive materials activities, examining plans on prevention of and response to incidents in industrial explosive materials activities; and to coordinate with concerned agencies in preventing, responding to and remedying incidents.

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6. To undertake international cooperation on industrial explosive materials activities.

7. To inspect industrial explosive materials activities; to settle complaints and denunciations related to industrial explosive materials activities.

Article 42. Responsibilities of the Ministry of Public Security

1. To examine and grant certificates of satisfaction of conditions on security, order and safety and fire prevention and fighting to organizations carrying out industrial explosive materials activities before competent agencies grant licenses or certificates of eligibility for carrying out industrial explosive materials activities. To examine and grant licenses for transporting industrial explosive materials and explosive pre-substances.

2. To coordinate with the Ministry of Industry and Trade in examining the observance of regulations on security and order and fire prevention and fighting by organizations and individuals involved in industrial explosive materials activities.

3. To assume the prime responsibility for. and coordinate with the Ministry of Industry and Trade and Ministry of Defense in, prescribing the transportation of industrial explosive materials to assure security, safety and fire prevention and fighting.

Article 43. Responsibilities of the Ministry of Defense

1. To coordinate with the Ministry of Industry and Trade in formulating strategies, plannings, plans and schemes on development of the industrial explosive materials industry and submitting them to the Prime Minister for approval.

2. To examine and grant licenses for using industrial explosive materials to defense enterprises and army units engaged in economic activities. To coordinate with the Ministry of Industry and Trade in examining the observance of law in industrial explosive materials activities.

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Article 44. Management responsibilities of ministries and ministerial-level agencies directly related to industrial explosive materials activities

Ministries, ministerial-level agencies and government-attached agencies shall, within the scope of their tasks and powers, coordinate with the Ministry of Industry and Trade in performing the state management of industrial explosive materials activities.

Article 45. State management responsibilities of People's Committees at all levels for industrial explosive materials activities

1. People's Committees at all levels shall, within their respective tasks and powers, manage, inspect, examine, settle complaints and denunciations, and handle administrative violations in industrial explosive materials activities in their localities according to the Government's decentralization, the provisions of this Decree and other relevant laws.

To issue regulations on management of industrial explosive materials and explosive pre-substances in their localities in accordance with law and local conditions. To organize in their localities activities of responding to incidents related to industrial explosive materials being transported and at places of preservation and loading and unloading of industrial explosive materials.

2. Provincial-level Industry and Trade Services are specialized agencies assisting their People's Committees in managing industrial explosive materials activities in their localities.

Article 46. Inspection of industrial explosive materials activities

1. The Ministry of Industry and Trade, concerned ministries and ministerial-level agencies and People's Committees at all levels shall inspect industrial explosive materials activities under their assigned or decentralized management.

2. The organization, tasks and powers of the inspectorate in charge of industrial explosive materials comply with the law on inspection.

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1. Organizations and individuals that commit acts in violation of this Decree and other laws concerning industrial explosive materials activities shall, depending on the seriousness of their violations, be disciplined, administratively sanctioned under the Government's Decree No. 64/2005/ND-CPof May 16,2005, on sanctioning of administrative violations in the field of management of industrial explosive materials, or be examined for penal liability; if causing damage, they shall pay compensations therefor in accordance with law.

2. Individuals who abuse their positions and powers to cause difficulties and troubles to organizations and individuals carrying out industrial explosive materials activities; cover up violators of the law on industrial explosive materials activities or show irresponsibility causing serious consequences shall, depending on the seriousness of their violations, be disciplined or examined for penal liability; if causing damage, they shall pay compensations therefor in accordance with law.

Chapter 5

 IMPLEMENTATION PROVISIONS

Article 48. Effect

This Decree takes effect on June 22. 2009.

This Decree replaces the Government's Decree No. 27/CP of April 20, 1995, on management, production, supply and use of industrial explosive materials: Article 9 of the Government's Decree No. 47/CP of August 12. 1996. on management of weapons, explosive materials and support tools; and Chapter IV of the Regulation on management of weapons, explosive materials and support tools, issued together with Decree No. 47/CP of August 12, 1996. To annual Clause 3 of the List of goods and services restricted from business (Appendix II) enclosed with the Government's Decree No. 59/2006/ND-CP of June 12, 2006, detailing the implementation of the Commercial Law regarding goods and services banned from business, restricted from business and subject to conditional business; and all regulations contrary to this Decree.

Article 49. Transition provisions

1. Certificates and licenses granted to organizations and individuals carrying out industrial explosive materials activities in accordance with law before the effective date of this Decree will continue to be effective till the end of their validity terms.

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Article 50. Organization of implementation

1. The Ministry of Industry and Trade shall coordinate with concerned ministries and branches in guiding the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial-level People's Committees shall implement this Decree.

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER





Nguyen Tan Dung