Circular 04/2014/tt-Bca: Amendments And Supplements To Some Articles Of The Circular No. 35/2009/tt-Bca On 11/10/2010 Of The Minister Of Public Security Regulations On Licensing Transport Of Industrial Explosives And Ha ...

Original Language Title: Thông tư 04/2014/TT-BCA: Sửa đổi, bổ sung một số điều của Thông tư số 35/2010/TT-BCA ngày 11/10/2010 của Bộ trưởng Bộ Công an quy định về cấp giấy phép vận chuyển vật liệu nổ công nghiệp và hà...

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MINISTER OF SECURITY
Number: 04 /2014/TT-BCA
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, January 21, 2014

IT ' S SMART

Edit, add some of the stats of the Digital 35 /2010/TT-BCA

October 11, 2010 by the Minister of Public Security on the Level of Paper

They ' re going to transport industrial explosives and dangerous goods.

________________

The French base for management, use of weapons, explosive materials, and support tools; the Ordination of the Ordination, the addition of some of the provisions of the Ordinal Command, the use of weapons, explosive materials, and support tools;

Base of Protocol 29 /2005/NĐ-CP October 10, 2005 provides a portfolio of dangerous goods and the transport of dangerous goods on the inland waterways;

Base of Protocol 109 /2006/NĐ-CP September 22, 2006 regulations and guidelines for the implementation of the Law of the Railroad;

Base of Protocol 39 /2009/NĐ-CP April 23, 2009 the industrial explosion material was modified, supplemated by the Digital Protocol. 54 /2012/NĐ-CP June 22, 2012;

Base of Protocol 104 /2009/NĐ-CP 09/11/2009 rules out a dangerous line of goods and cargo transport by road-road motor vehicle;

Base of Protocol 77 /2009/NĐ-CP September 15, 2009 rules the function, mandate, jurisdiction and organizational structure of the Ministry of Public Security;

At the suggestion of the Chief Directorate General of the Chief Administrative Officer of the Order; social safety;

The Minister of Public Security issued the amendment, adding some of the provisions of the Digital Information. 35 /2010/TT-BCA October 11, 2010 by the Minister of Public Security regulations on the granting of industrial and dangerous explosive materials transport (later abbreviated as Digital) of the Ministry of Public Security. 35 /2010/TT-BCA),

What? 1. Modified, supplement some of the provisions of the Digital 35 /2010/TT-BCA October 11, 2010 by the Minister of Public Security on the rank of transport licenses. Industrial and industrial explosives.

1. Add a paragraph 3 to Article 3 as follows:

" 3. Transporting industrial explosives is the operation of the operation of the products, the raw materials prescribed at 1 Article from one point to another. "

2. Article 4 is modified, adding as follows:

" Article 4. The condition to be granted a license to transport industrial explosives

The organization, the transport unit of industrial explosives must have the following conditions:

1. There is a vehicle of industrial explosive material that meets all conditions:

a) There is sufficient conditions to enter the traffic under the provisions of the law on road traffic, railways, domestic waterways; there is a certificate of sufficient risk of transport of goods provided by the registry;

b) The regulation of the QCVN 02 :2008/BCT Regulation of the National Technical Standards for Safety in the Protection, Transport, Use and Destruction Of Industrial Explosive Materials;

c) To meet the safety of fire safety and fire safety regulations at Article 12 No. 2 Protocol 35 /2003/ND-CP April 4, 2003 specifies the details of some of the provisions of the Fire and Fire Law that have been amended, supplemated by Protocol No. 46 /2012/NĐ-CP 22/5/2012;

d) There is a media signal that is transporting industrial explosives.

2. There is a manager, vehicle operator, op-ed, and other service person who is involved in transporting the industrial explosive material that meets all conditions:

a) Enough 18 years of age or older, there is a clear background, no criminal record, no money (a calendar statement must have the confirmation of the Committee of the People's Committee, the ward, the town of residence or the work agency). For the driver of the vehicle must have a driver ' s license, ship or degree, certificate of expertise in accordance with the transport registration vehicle;

b) There is a training certificate for fire and fire training provided by the police and fire department authorities; the certificate for training knowledge of industrial explosives and safety measures when exposed to explosive materials. industry led by the state regulator of industrial explosive materials with the authority to grant;

c) There is a level of expertise that is compatible with the position, the position of responsibility.

3. Meet the regulatory conditions at points a, c paragraph 1 Article 26 of the order of management, use of weapons, explosive materials, and support tools. "

3. Article 5 is modified, adding as follows:

" Article 5. The procedure, which regulates the shipping of industrial explosives

1. A permit issued an industrial explosive material that carried out the regulations at paragraph 3 Article 26 of the order of management, the use of weapons, explosive materials, and support tools.

2. The profile that regulates the industrial explosion material is composed of:

a) The project offers to regulate the content of industrial detonation material;

b) The copy of the license to transport industrial explosive material (with the main version for the reference).

3. In the 3-day period of work, since the date of receiving valid dosages, the agency with the authority to grant, regulate industrial explosives transport permits must review the organization ' s records and conditions, the transport unit of industrial explosives to conduct the operation. level, which regulates the shipping of industrial explosives; the ungranted case, which regulates the license, has to have the text of reply, stating the reason. "

4. Article 6 is modified, adding as follows:

" Article 6. The authority to grant, adjust the license to transport industrial explosives

1. Head of the Administrative Police Department on the Department of Public Security, the Central City of the Central Committee where the warehouse, the site of receiving the industrial explosive material transported to the implementation of the grant, regulates the license to transport industrial explosives. for the agency, the unit has the need; the case the police agency manages the administrative management of the social order where there is a shipping industrial material that moves away or where the agency is located, the organization manages the transport of industrial explosives, regulates paper. The operation must have a confirmation of the condition of the investigation of the industrial detonation of the administration of the Administrative Order of the Administrative Order. The place of the warehouse, the location of the transport industrial explosion.

2. Chief of the Department of Police Administration of the Administrative Order of the Department of Social Order, which regulates the transfer of industrial explosives to the case of transporting industrial explosives from Vietnam abroad, from abroad into Vietnam and other special cases. Different. "

5. Add Article 6a after Article 6 as follows:

" Article 6a. Recovery of industrial explosive material

1. The industrial explosive material transport permit is revoked in the following cases:

a) The license granted is not correct jurisdiction;

b) The business is granted a license to transport industrial explosive materials due to the forgery of records to be granted;

c) The business that is granted an industrial explosive transport license does not meet the eligitic conditions at this Article 4.

2. The authority to revoking the license to transport industrial explosives is prescribed as follows:

The person with the authority to grant, adjust the licence to transport the industrial explosive material specified in this Article 6 and its immediate superior has the authority to revoking the license to transport industrial explosives in paragraph 1 Article. "

6. paragraph 4 Article 7 is modified, added as follows:

" 4. The Chief of the Bureau of the Police Administration of Social Order decides or authorized the Head of the Police Department for administrative management of the provincial public order, the Central City of the Central Committee decided to suspend licensing or suspend the effect. The execs of an industrial explosive material transport permit when there is a request for security, order, social security in national or regional activities, or in areas with special requirements for security guarantees, order. "

7. paragraph 3 Article 8 is modified, adding as follows:

" 3. Only receive industrial explosive materials under a transport permit issued by the Police Administration of the Administrative Order of the Social Order. "

8. This message accompanying this message follows:

a) Template VC02 (industrial explosive material reception) replaces the VC02 sample issued with the Digital Information 35 /2010/TT-BCA;

b) The Form VC02A replaces the VC02A template attached to the Digital Information 35 /2010/TT-BCA;

c) Model VC03 (The Industrial Explosive Materials Transport license application) replaces the VC03 sample issued with the Digital Information 35 /2010/TT-BCA;

d) The Form VC04 (Industrial Exploitship Transport License) replaced the VC04 sample issued with the Digital Information 35 /2010/TT-BCA;

Sample VC05 (Industrial Exploitship) replaced the VC05 prototype with a Digital Information 35 /2010/TT-BCA.

What? 2. Effect of execution

It has been in effect since 10 March 2014.

Repel Article 4, 5, 6, paragraph 4 Article 7, paragraph 3 Article 8 35 /2010/TT-BCA and the symbols: VC02, VC02A, VC03, VC04, VC05 issued by Digital Information 35 /2010/TT-BCA.

What? 3. Responsibility

1. The Chief Directorate General of the Chief Administrative Officer of the Order, Social Security is responsible for organizing and directing, guiding, examining the implementation of this Information.

2. The chief ministers, the deputy head of the department, the Director of Public Security, the Central City of the Central City, Director of the Department of Fire and Fire Department and the organization, the individual is responsible for this private practice.

In the course of execution, if there is difficulty, entangrium, the Public Security of Units, localities, organizations, individuals report to the Ministry of Public Security (through the Directorate General of Police Administration of Order, Social Safety) to promptly lead the ./.

Minister-General

(signed)

Chen Quang