Circular 22/2013/tt-Bqp: Regulations On The Management Of Industrial Explosives Operations In The Military

Original Language Title: Thông tư 22/2013/TT-BQP: Quy định về quản lý hoạt động vật liệu nổ công nghiệp trong Quân đội

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CIRCULAR provisions on active management of industrial explosives in the army _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ basing the Ordinance No. 16/2010/30 June 2011 UBTVQH12 of the Standing Committee of the National Assembly on the management, use of weapons, explosives and supportive tools;
Pursuant to Decree No. 39/2009/ND-CP on April 23, 2009 by the Government on industrial explosives and Decree No. 54/2012/NĐ-CP on 22 June 2012 of the Government about amending and supplementing a number of articles of Decree No. 39/2009/ND-CP on industrial explosives;
Pursuant to Decree No. 104/2008/ND-CP dated 16 September 2008 of the Government functions, duties and powers to the organizational structure of the Department of Defense;
Proposal of the General Department of defense industry;
The Minister of Defense regulations on active management of industrial explosives in the army as follows: chapter I GENERAL PROVISIONS article 1. Scope this regulation circular on research, production, sales; preservation, transport, use; technical trainer industrial explosives safety; investment, financial management; order and procedure of license, certificate; the responsibility of the agency or unit; report mode, check for the field of industrial explosives operations in the military.
Article 2. The object that applies to this circular apply to agencies, units, business and individuals in the Ministry of defence had managed to join industrial explosives operations.
Article 3. Principles of operations management industrial explosives 1. The Department of Defense unified activity management of industrial explosives in the army.
2. investing in the research, manufacture and trading of industrial explosives in the proper planning of the Government.
3. The agencies, units, business and individuals to be responsible before the law when involved in industrial explosives operations.
4. Ensure effective and sustainable development.
5. Observance of legislation on standards, technical regulation; fire and fire; secure social order and the environment.
Chapter II INDUSTRIAL EXPLOSIVES OPERATIONS Items 1 research, manufacturing, trading, INDUSTRIAL EXPLOSIVES, EXPLOSIVE PRECURSORS to article 4. Research of industrial explosives, explosive precursors 1. Research institutes, producers of industrial explosives, explosive precursors made research, development production of industrial explosives, explosive precursors as planned due to competent authorities for approval.
2. The transfer of technology for production of industrial explosives, explosive precursors were made at the unit, businesses are eligible under the provisions of the law, in accordance with the master plan was approved by the Government.
Article 5. Conditions of the production of industrial explosives, explosive precursors 1. The production of industrial explosives, explosive precursors by the 100% business unit, for which the State is the prime mission of the Ministry of defence, the Ministry of Commerce and Ministry of public security. 2. The premises, workshops, production equipment, production line to meet current standards, standards. Production process technology is approved by the authority. There is full safety equipment; Prevention of fire and explosion; Prevention of lightning; protection of the environment; labor protection; waste treatment system, waste water. Storage of raw materials, finished products storage must meet the conditions stipulated in article 8 of this circular.
3. The categories of products, production capacity match with the development planning of industrial explosives, explosive precursors; done right the rules of preservation, packaging and labelling of products record.
4. business unit produces industrial explosives sold products for business enterprises of industrial explosive materials; import, import or authorize the purchase of explosives precursors from licensed businesses in manufacturing, trading or importing meets the conditions stipulated in article 5 clause 1 and clause 1 article 6 of this circular.
5. business unit produces explosive precursors sold products for business units, production of industrial explosives and trading of industrial explosives, explosive precursors.
6. Have fire and fire is the competent authority for approval; preventive approach and incident response environment.
7. The command, management and employees directly related to the production of industrial explosives, explosive precursors must be trained and have professional certificates consistent with the assigned task.
Article 6. Business conditions of industrial explosives, explosive precursors 1. The business of industrial explosives, explosive substances due to the Mainland's, 100% of the business unit to which the State is the prime mission of the Ministry of Defense, Ministry of industry and trade and the Ministry of public security; have a business license of industrial explosives, explosive precursors under the provisions of the law.
2. Purchase, sale of industrial explosives in the category of industrial explosives for the Vietnam unit, business use license. Must buy back the excess industrial explosives, did not use the term and ensure the quality of the units, the business no longer needs to use; the sale must be made by a contract in accordance with the law.
3. Repository of industrial explosives, explosive precursors meet the conditions stipulated in article 8 of this circular. The case does not have storage space, is allowed to sign a contract to rent storage space in industrial explosives, explosive precursors and is responsible for managing warehouse or contract to send goods in warehouses of industrial explosives, explosive precursors with the units, the business is eligible under the provisions of the law.
4. The command, management and employees directly related to the business of industrial explosives, explosive precursors are trained and must have professional certificates consistent with the assigned task.
Article 7. Export, import of industrial explosives, explosive precursors 1. Units, enterprises, business made the export of industrial explosives, explosive precursors under the content license has been granted.
2. The cases in the country have not produced are industrial explosives, explosive precursors; the production does not meet demand or product higher import prices, the unit, the enterprise has new license are allowed to import.
3. export contract, import industrial explosives, explosive precursors must be total Defense Industry Bureau for approval before signing.
4. Make appropriate disclosure standards for industrial explosives, explosive precursors imported and apply management system to ensure the quality of products; preservation, packaging, labelling standard, procedures before circulation, use.
Section 2 the PRESERVATION, TRANSPORTATION of INDUSTRIAL EXPLOSIVES, EXPLOSIVE PRECURSORS to article 8. Preservation conditions of industrial explosives, explosive precursors 1. Storage of industrial explosives, explosive precursors, have the location must meet the security requirements; ensure the safe distance for the works, objects need protection; meet the standards, the current regulation on structures, building materials and satisfy the requirements of the Fire Department and fire; room explosion, lightning, electrostatic control; safety for workers and environmental protection meets standards, technical regulation and the related regulations, full equipment and buy fire insurance, compulsory under the rules.
2. The Manager, store keeper, protection and those relating to the preservation of industrial explosives are trained and must have professional certificates consistent with the assigned task.
3. Equipped with the facilities, the equipment serves the protection guards; fire prevention and firefighting; contact information; unloading and industrial explosives allocated according to current standards, standards.
4. Have fire and fire; the security guard, the order is approved by the authority. When there is a fire and explosion, the unauthorized intrusion, other emergencies must be addressed promptly.
Article 9. Conditions of transport of industrial explosives, explosive precursors 1. Business register of shipping industry or business units, business license, business, use of industrial explosives, explosive precursors.
2. eligible vehicles in traffic as prescribed by law; meet the prescribed standards, the national technical regulation; meet the prescribed conditions of safety, fire and fire; There are preventive approach, responding fire problems, broke in transit; buy fire insurance, compulsory under the rules.
3. The Manager, escorts, who controls the transport of industrial explosives, explosive precursors must have professional level consistent with the assigned tasks; training and fire prevention; the training of safety engineering of industrial explosives.
Article 10. Transport of industrial explosives, explosive precursors 1. Make transport of industrial explosives, explosive precursors when meet the conditions stipulated in article 9 of this circular and issued the order to shipping.
2. The transport of industrial explosives, explosive precursors to check papers; the media, before departure or after each stop and parked vehicles right the damage (if any). Done properly the contents stated in the order to shipping and delivery according to the regulations. Report the results of the order about the licensing authority after the end of carriage (model No. 12).
3. Do not go through the City Center on the hour; don't stop, parked vehicles in the city, town, populated place, near petrol stations, where important work on defense and security; no shipping of unusual weather conditions. The folded, industrial explosives being unloaded on the transport by storekeepers, who controls the media or the escorts directly guidance and supervision.

4. in case of transportation accidents, incidents or have hampered transportation, escorts and who controls the media must take measures to prevent unauthorized intrusion and exclude the possibility of appearing in the source area of the incident, to avoid danger to people who are in traffic. Timely notice for military, public safety, local government areas have to be assisted promptly.
5. in case of not shipping orders granted, divisions, enterprises pay back the old order and new grant proposals.
Section 3 of the INDUSTRIAL EXPLOSIVE MATERIALS article 11. Conditions of use of industrial explosives 1. Unit, business missions, have registered to use trades business and explosives industry.
2. industrial explosives warehouses meet the conditions stipulated in article 8 of this circular; has the technology, the equipment, means and instruments to serve the industrial explosive materials used conform to standard, national technical regulation. The case does not have the storage space to be rented warehouses are qualified by other business units.
3. Location use of industrial explosives to ensure security and order, ensure the safe distance for the residential, buildings, objects need protection under the rules. Have fire prevention and fire according to the regulations approved by the authority.
4. Have the suitable blasting mining execution scale; set up passport blasting under current rules.
5. unit commanders, who command the blasting, mine and others related to the use of industrial explosives must meet the conditions of security and order; expertise consistent with the assigned tasks; trained in engineering, fire protection, firefighting and security incident response, in the activities related to the use of industrial explosives.
Article 12. Manage the use of industrial explosives 1. Unit, business uses purchase industrial explosives are in the category of industrial explosives were manufactured and used in Vietnam from the business enterprise of industrial explosives.
2. industrial explosives are not used to sell it back to the business of business allowed for industrial explosives. Industrial explosives case does not guarantee the quality, should conduct the destruction under the provisions.
3. in case of units, the business use of industrial explosives do not themselves perform the blasting then allowed the contract to rent the entire work blasting with other business units, which permits blasting services. The unit, the enterprise to perform services responsible blasting permit use of industrial explosives and blasting services performed according to the regulations.
Item 4 TECHNICAL TRAINER for INDUSTRIAL EXPLOSIVES SAFETY article 13. The object of training 1. The Commander, who runs the production, trading, supply and use of industrial explosives, explosive precursors.
2. Subjects related directly to industrial explosives, explosive precursors include: storekeeper, workers unloading, protect, escort, who controls transport, blasting, mine hunter.
Article 14. Training content 1. The object prescribed in clause 1 article 13 this circular are common legal documents about the explosives industry and the training of the following: a) business management services;
b) The content of the provisions in the current standards, the standards of safety engineering in industrial explosives operations;
c) construction methods, prepare and implement a plan of preventative measures, emergency incident response;
d) test methods, active monitoring of blasting.
2. The objects prescribed in clause 2 article 13 this circular are common legal documents about the explosives industry and the training of the following: a) The content of the provisions in the current standards, the standards of safety engineering in industrial explosives operations;
b) security work, safety and hygiene labour;
c) prevention and fire.
Article 15. The form and timing of training 1. Training for the objects specified in clause 1 article 13 this circular are as follows: a) consists of the first training contents prescribed in clause 1 article 14 of this circular;
b) periodic training supplemented, updated knowledge about the law and safety technique in operation of industrial explosives; periodic training time 2 (two) years.
2. Training for the object specified in item 2 article 13 this circular are as follows: a) consists of the first training contents prescribed in clause 2 article 14 of this circular;
b) additional periodic training or additional training to workers to understand the regulations, process technology, safety regulations of industrial explosives in the scope, the task assigned by the unit, the business organization;
c) recurring period of training depending on the safety requirements in industrial explosives operations of the unit, but at least 2 (two) years;
d) when workers move from job to job; When there is a change of equipment, production technology; After working from 6 (six) months or more, before layout work must be guided, technical trainer industrial explosives safety fit equipment, new technology and work;
DD) where changes in operational conditions, the agency managing the explosives industry, where industrial explosives operations is responsible for the training of additional content related to changing operational conditions; test, measure and Report Manager to grant the certificate.
Section 5 financial INVESTMENT MANAGEMENT article 16. Investment management 1. Contents include: a) investment research produces industrial explosives, explosive precursors;
b) transport, storage and blasting services.
2. investment management form a) manufacturing investment projects in accordance with development of industrial explosive materials have been approved by the Prime Minister;
b) investment projects for the development of industrial explosives industry are administered according to the regulations of the State and implemented when there is a decision of the approving authority;
c) units, business investment is responsible for the quality and efficiency of the project.
Article 17. Financial management 1. The unit, business loans, mobilization of capital resources in accordance with the law and properly use playback purposes, effectively to developing the industry of industrial explosives.
2. The unit, enterprise business, manufacturing explosives, industrial building sale price according to the regulations, to ensure the interests of the parties, business and production use.
3. Perform Declaration reviews in accordance with the law and the guidelines of the Ministry of finance, prices declaration form established 02 (two): 1 (a) the Ministry of finance, 1 (a) the sending Of the Bureau of the national defense industry.
Chapter III sequence, CERTIFICATION PROCEDURES, ACTIVE LICENSE of INDUSTRIAL EXPLOSIVES, EXPLOSIVE PRECURSORS to article 18. Profile trainer certification safety engineering of industrial explosives training certification safety engineering of industrial explosives for the object specified in item 2 article 13 this circular, January profile (a) set includes: dispatch the proposal (model No 12) and a copy of the authorized training plan has been approved by the unit heads the enclosed list, results coaching.
Article 19. Profile licensed transportation of industrial explosives, explosive precursors records suggest shipping license, 1 (one) set contains: 1. official suggested shipping license (model No. 12);
2. A copy of the contract the authorized sale of explosives, explosive precursors (case carried several times, then sent 01 (a) times for both the time limit for performing the contract); lets try to explode (transport case try to explode) or text that allows collectors, destruction of explosives (transport case collectors go cancel) or decide to allow recovery of the waste types of medication from the destruction of the ammunition types (drug recovery case removal) of the competent authority;
3. in case of carriage hired must have a copy of the authorized contract of carriage (carriage performed several times, then sent 11 (a) the first for both the term of implementation of the contract);
4. The recommendation of the Agency, unit, enterprise level shipping orders (present when filing directly).
Article 20. Licensing records used industrial explosives 1. Records suggest that license the use of the first industrial explosives, 1 (one) set contains: a Single licensing proposals) used industrial explosives have confirmed the level directly under the Ministry of Defense of clue (model No. 12);
b) copy of authority decided to establish business units; Business registration certificate;
c) qualified certificate of security, safety, security and protection agency level (model No. 08);
d) copy of license of the authorized exploration, mineral extraction for the unit, the mineral industries; the decision awarded contract or works contractor or authorized text, assigned to perform construction contract of Agency, unit-level management across the enterprise is still in force;
blasting projects) (10); When done blasting that affect residential areas, medical facility, the area contains the historic, cultural, nature conservation, the process of security, defence or other important countries, other protected area under the provisions of the law, the Agency must be licensed to use;
e) monitoring approach influenced blasting meets the requirements of technical safety standards in industrial explosives operations (if any); plan or preventive measures, emergency incident response for warehouse, transportation, industrial explosives;
g) copy of the certificate of the authorized qualified fire prevention of explosive materials repository as specified or the certificate of provincial fire and fire browse longer term consistent with the time limit proposed for licensing use of industrial explosives;

Unit case, suggested business permission to use the explosives industry has no warehouse, records suggest that the license must have a copy of the authorized the lease of industrial explosives warehouses with warehouse enterprises, units eligible according to the rules.
h) appointed the Commander of blasting of business leaders and list of mine divers, people directly related to the use of industrial explosives and a copy of the certificate of the authorized technical safety training;
I) the recommendation of the Agency, unit, Enterprise license please use explosives (present when filing directly).
2. Profile for military units (not business) serves the construction of Defense, 01 (a) set includes: a) petition to license use of industrial explosives have confirmed the level directly under the Ministry of Defense of clue (model No. 12);
b) qualified certificate of security, safety, security and protection agency level (model No. 08);
c) reported the use of industrial explosives for grant proposals, regulators license (model No. 12).
3. Records for the units, grant proposals, business level adjust the license use of industrial explosives, 1 (one) set contains: a Single licensing proposals) used industrial explosives have confirmed the level directly under the Ministry of Defense of clue (model No. 12);
b) qualified certificate of security, safety, security and protection agency level (model No. 08);
c) report on the use of industrial explosives in the Ịực period of the license was granted last time (model No. 9) and the documents specified in Points b, d, e, f, g, h, paragraph 1 of this article, when there is a change.
4. service unit blasting the proposal to license use of industrial explosives, records 01 (a) containing the material specified in paragraph 1 of this Article, and copy of license authorized by blasting Service Industry level.
Article 21. The jurisdiction, procedure and the validity of the certificate, shipping orders, the license type 1. Certified technical trainer for industrial explosives safety a) Defense Industry Bureau held training of industrial explosives safety and certification (form 13) for the object specified in clause 1 article 13 this circular;
Certified technical trainer for industrial explosives safety (13) for the object specified in item 2 article 13 this circular as suggested by business units;
b) business unit, send by mail or lodged directly at the General Directorate of the defense industry. Within 5 (five) working days from the date of receipt of a valid application, review Technology Department Manager, the profile and assessment process of the Heads Of Defense Industry Bureau certification according to the regulations, no case to answer in writing and stating the reason.
c) certificate of safety training explosives industry has a time limit of 2 (two) years for the objects specified in article 13 of this circular. Private explosives storekeeper has a time limit of 5 (five) years 2. Licensed transportation of industrial explosives, explosive precursors a) chiefs guide the construction and organization of approval transport plan of industrial explosives, explosive precursors for the army, Corps, Corps, Directorate, branch, the army, The Commander of border guard , Command of the capital Hanoi, Police Department;
General staff level review, revoke, suspend the order shipping of industrial explosives, explosive precursors for bodies, not approved by the transportation plan;
b) the military districts, the Corps, Corps, Directorate, branch, the army, The Commander of the border guard, The Commander of the capital Hanoi, the marine police base on the plan was approved by the General staff, made or authorized to grant, revoke, suspend the order to transport explosives industry explosive precursors, for objects in the scope of management.
c) business unit, send by mail or lodged directly at the General staff, the military districts, the Corps, Corps, Directorate, branch, the army, The Commander of the border guard, The Commander of the capital Hanoi, the Marine Police Bureau. Within a period of 3 (three) working days from the date of receipt of a valid application, the agency advised the evaluation record and the heads, Chief of the General staff, the Chairman, Bureau Chief-level shipping orders of industrial explosives, explosive precursors to business units (model No. 12); no case to answer, in writing and stating the reason.
d) effect of shipping orders by the competent authority, the regulations.
3. License to use industrial explosives a) General Directorate for industrial Defense Review and revoke the license of use of industrial explosives for the unit, the Ministry of Defense business;
b) business unit, send by mail or lodged directly at the General Department of defense industry: during 10 (ten) working days from the date of receipt of a valid application, Chief of the General Department of defense industry profile evaluation process license administration heads used industrial explosives (model No. 11);
Case of need reality check, the treasure before considering licensing, use of industrial explosives then granted time not more than 30 (thirty) working days from the date of receipt of a valid application;
No case to answer, in writing and stating the reason.
c) unit, suggested business license the use of industrial explosives must pay the fee prescribed by the Ministry of Finance (not applicable to the unit is not the construction Enterprise defence);
d) for the unit, enterprise use of industrial explosives to serve research, execution of the construction works, irrigation, hydropower, transportation, oil and gas exploration ... the term of the licence not more than 2 (two) years; as for the unit, enterprise use of industrial explosives to serve the mining license for the term of not more than 3 (three) years.
Article 22. Procedure for certification of eligible production, business license, permits, blasting services export licenses, import industrial explosives, explosive precursors 1. Units, enterprises wishing to apply for the certification of qualified production; Business license; Blasting service license; Export licence, import industrial explosives, explosive precursors must file according to the instructions of the Ministry of industry and trade of the General Department of defense industry.
2. During 5 (five) working days from the date of receipt of a valid application, the competent authorities of the General Department of defense industry review, appraisal report profile Heads Of Defense Industry Bureau, do text recommend Industry qualified certification of production; Business license; Blasting service license; Export licence, import industrial explosives, explosive precursors to business units.
Chapter IV LIABILITY of the AGENCY, Unit 23. General 1. Directing bodies, research units participate in development planning of industrial explosives industry.
2. Directing bodies, coordination unit to check the production, trading, use of industrial explosives in the army.
3. Guide the construction and organization of approval transport plan of industrial explosives, explosive precursors for objects under the rules.
4. Decides to suspend a license or suspend the validity of the enforcement order shipping of industrial explosives, explosive precursors when required ensuring security, social order and safety, surfaced or national activities in these areas have special requirements on ensuring security , order.
Article 24. The General Department of defense industry 1. Hosted, in cooperation with the relevant authorities in the military study, construction industry development planning, industrial explosives, explosive precursors reported the Defense Department review, the Government.
2. The study of construction, the Ministry of defence and the Government released legal documents, standards, technical regulations, standards of safety of operation of industrial explosives in the army.
3. In coordination with the Bureau of planning and evaluation of investment project profiles, the Department of Defense review, approval.
4. Receiving a unit price Declaration and resolved according to the rules.
5. Each year, summarizing the work of managing the production, trading, use; export, import of industrial explosives, explosive precursors reports the Ministry of defence.
6. Examine the management of the production, trading, use of industrial explosives, explosive precursors; coordination involved interdisciplinary examination of State administration on the operation of industrial explosives.
7. Perform supervision and is responsible for paying the required business unit, the award or declaration back when the price discovery process.
8. Evaluation of the export contract, import industrial explosives, explosive precursors of enterprises, business.
Article 25. The Department of planning and investment to 1. Hosted, in collaboration with the Agency for the evaluation of investment projects development of industrial explosives, explosive precursors the Defense Ministry approval.
2. Guide units made investment, development of industrial explosives, explosive precursors under the provisions of the law.
Article 26. The Finance Bureau 1. Steer, guide, check out the budget management services, capital assets used in the operation of industrial explosives.
2. Guide the management of currency and using the fees assessed for licensing use of industrial explosives.
Article 27. The units directly under the Ministry of defence 1. Steer, guide and check the subdivisions made provisions of the State and the Defense Department about management, use of industrial explosives.
2. Consider and confirm eligibility of security, safety of the unit that needs to use the explosives industry.
3. Determine the conditions ensure safe techniques for the use of industrial explosives before the proposal please license the use of industrial explosives.

4. Organize, in coordination with the authority, the unit has the function of technical safety training for the object specified in item 2 article 13 this circular and the proposal Of Defense Industry Bureau certification as stipulated in article 18 of this circular.
Chapter V REPORT MODE, CHECK the Article 28. Report mode 1. A periodic report), report: report on the upper level directly before the May 5 after.
b) quarterly report: report on the upper level directly and the General Department of defense industry before April 25, last quarter;
c) report five: The five reporting units send the superior authority directly and the General Department of defense industry before October 1 of the following year;
2. irregular report a) report at the request of the superior authority or when there is a loss of safety of industrial explosives and explosives precursors;
b) content and time reports as requested by supervisor. Private reports on the incident died, within 24 hours the unit must report on the superior authority.
Article 29. Implementation report 1. The manufacturing unit performs reporting month, quarter, year according to the provisions of article 28 of this circular (model No. 01) and irregular reports as required.
2. Business Unit, import and export of precious reporting regimes, according to the provisions of article 28 of this circular (model No. 2 and no. 3 Sample) and irregular reports as required.
3. use the unit made in report mode and when please license the use of industrial explosives as defined in article 28 of this circular (model No. 12) and irregular reports as required.
Article 30. Test mode 1. The units, enterprises, business, use, transport, industrial explosives, explosive precursors self test implementation and take measures to correct, timely remedy of the violations related to the operation of industrial explosives.
2. Every year, the superior management unit of the unit directly, manufacturers, business, use, transport, industrial explosives, explosive precursors inspect the management of the production, trading, transportation, use of industrial explosives, explosive precursors.
3. Six months, the Agency has authorized the transport of industrial explosives, explosive precursors must proceed to examine the conditions and means of transport for the unit, management of businesses.
Chapter VI article 31 ENFORCEMENT TERMS. Effect 1. This circular has the effect after 45 days from the date of signing.
2. Annul the regulation of the Ministry of defence has issued previously concerned about active management of industrial explosives, explosive precursors.
Article 32. Responsible for enforcing the heads of general staff, commanded the unit, authorities, businesses and individuals concerned is responsible for the implementation of this circular.