The Decree 54/2012/nd-Cp: Modifying, Supplementing A Number Of Articles Of Decree 39/2009/nd-Cp On April 23, 2009 By The Government Of The Industrial Explosive Materials

Original Language Title: Nghị định 54/2012/NĐ-CP: Sửa đổi, bổ sung một số điều Nghị định số 39/2009/NĐ-CP ngày 23 tháng 4 năm 2009 của Chính phủ về vật liệu nổ công nghiệp

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

DECREE

Modify, add a number of quantitative provisions 39 /2009/NĐ-CP 23rd

April 2009 by the Government of Industrial Explostation

________________________

Government Law Base December 25, 2001;

The Office of the Ordination of Management, the use of weapons, explosive materials and digital support tools 16 /2011/UBTVQH12 June 30, 2011;

At the request of the Minister of Trade;

The government issued the revised decree, compleming some provisions. 39 /2009/NĐ-CP April 23, 2009 Government of Industrial Exploitship,

What? 1. Modified, add a number of quantitative provisions 39 /2009/NĐ-CP April 23, 2009 of the Government on Industrial Exploitation as follows:

1. Add to 1 Article 16 as follows:

" 1. The pre-explosive drug business organization must be a regulated business at Point A 4 Article 25 France command management, use of weapons, explosive materials and the number of support tools. 16 /2011/UBTVQH12 June 30, 2011.

The production, export, import, protection, transportation, purchase of explosive prescriptions must ensure the requirements for security, order in accordance with the management of the industrial explosive materials and ensure safety requirements in accordance with the law of hazardous chemicals. "

2. Fix 1 Article 17 as follows:

" 1. Industrial explosive materials manufacturing must be a regulated business at Point A 3 Article 25 France command management, use of weapons, explosive materials, and digital support tools, including: 16 /2011/UBTVQH12 June 30, 2011. "

3. Modip 1 Article 18 as follows:

" 1. Imports or trusts are imported, buying explosive prescriptions from businesses with the Drug Money Business License; ensuring the production of raw materials, planned resources committed to the business organization, using industrial explosive materials. "

4. Fix 1 Article 19 as follows:

" 1. The industrial explosive materials business organization must be a regulated business at Point A 4 Article 25 France command management, use of weapons, explosive materials and the number of support tools. 16 /2011/UBTVQH12 June 30, 2011. "

5. Modified, add 1 Article 34 as follows:

" 1. The organization recommends granting the certificate, License 1, 2, 3, 4, 5 Articles 33, a state office filing a state body of state authority stipulated at Article 36 of this decree.

Case of certificate granting certificate, the license includes:

a) The application for the certification of the certificate, the License by the prescribed template;

b) The copy of the business registration certificate;

c) The document, the document that proves to meet the conditions, requires regulation at Chapter II This decree, which corresponds to the type of operation that offers the certification of certification, License.

The Ministry of Commerce provides detailed file details of the documents that demonstrate the requirements of the conditions, the requirements for production, business, preservation, use, and the charge of the mine for regulation in Clauses 1, 2 Article 36 This decree.

The Ministry of Defense rules out details of documents that demonstrate the response to the conditions, which require the use of industrial explosives for the officials of the Ministry of Defence. "

6. Fix 2 Article 34 as follows:

" 2. The Ministry of Defense rules out details of documents that demonstrate the response to conditions, which require the transport of industrial explosives to subjects within the Department of Defense's management.

The Ministry of Public Security regulates the case of documents that demonstrate the response to the conditions, which require the transport of industrial explosives to the remaining subjects. "

7. Corrects 3 Article 34 as follows:

" 3. The organization recommends granting the certificate, the license does not have to submit the prescribed papers at the Point of Article 1 This Article if the necessary information in that text has been provided, published in full on the official electronic website of the agency issuing the documents. That's it. "

8. Modified, add 5 Article 34 as follows:

" 5. In the period of not over 05 (the year) working day, since the date of receiving eligible valid records at Article 1 This Article, the state agency has the authority to grant the Certificate of Certificate, the license to the organization recommended; the case is not granted, must respond. by writing and stating the reason.

In the time of no more than 03 (three) of working days, since the date of receiving eligible valid records at paragraph 2 This Article, the state agency has the authority to be responsible for the granting of an industrial detonation permit for the organization offering licensing; the case is not. level, must respond in writing and specify a reason. "

9. Corrects 2 Article 35 as follows:

" 2. There is no regulation of the validity of the Industrial Explosive Materials Business Permit, which is eligible for the production of industrial explosive materials, the explosives precursor. The annual term, the business license-granting authority, the Certificate of Qualified Certification, in coordination with the relevant agencies examining institutions granted Business License, the Certificate of Eligitifully conditional acceptance of regulatory conditions in the Certificate of Business. permission, the Certificate of Certification; the processing of the current violation of the administrative breach of the administrative breach in the field of industrial explosive materials. "

10. Modip Point A Section 3 Article 35 is as follows:

" 3. The statute of limitations is as follows:

a) No more than 05 (five) years for the license to use industrial explosive materials serving mineral exploitation ".

11. RevisePoint 3 Article 35 as follows:

"d) According to the recommended deadline in the filing but no more than 06 (six) months for the Industrial Exploitship Transport License".

12. Modified, add paragraph 4 Article 35 as follows:

" 4. The Ministry Of Commerce Regulates the Certificate of Certification Paper, Production License, Business, Management, Use and Exploarship Services.

The Ministry of Defense regulates the details of the Industrial Exploitship's license to transport industrial explosive materials and procedures, procedures, and suspend the license to transport industrial explosive materials to subjects within the Department of Defense's management.

The Ministry of Public Security regulates the development of the industrial explosive materials and regulations, procedures, and suspend the transfer of industrial explosives for the remaining subjects. "

13. Modified, add Article 36 as follows:

" 1. The management agency specializes in industrial detonation materials of the Ministry of Commerce, which regulates, revoking the certificate of sufficient production conditions, industrial explosives business licenses, explosive prescriptions, export permits, export of public explosive materials. A career, explosives, explosives, and a licence for the service of mines; grade, regulation, recall of a license to use industrial explosives for organizations is a state-owned enterprise that holds the dominant shares due to ministries, the Central Industry or the Capital Corporation and the Capital Business. The state as the equity representative, the oil and gas operations businesses, businesses that have foreign investment, the training agencies, Training, scientific research.

2. The People ' s Committee of the Provinces, the Central City of the Organization to implement or authorize the Department of Trade to implement the granting, adjust, revoking the license to use industrial explosives for the remaining organizations, within the jurisdiction of the province. And granting a license to use industrial explosive materials for businesses that are regulated at Clause 1 This has been a part of the stock that the state does not hold the stake, when the license to use industrial explosives was expired by the Ministry of Commerce.

3. The Ministry of Public Affairs regulates the agency, which regulates, revoking the Industrial Exploitship Transportation License for objects that do not belong to the Department of Defense ' s management.

4. The Ministry of Defense regulates the agency, which regulates, revoking the license to use industrial explosives; the license to transport industrial explosives to objects within the management scope of the Ministry of Defence. "

14. Modified, add 2 Article 37 as follows:

" 2. In the event of industrial explosive activity, the explosives have changed one of the contents of the business registration, location, scale, or operating conditions of the Certificate of Certification, the License, the competent authority stipulated at Article 36 of the United States. This is a license to adjust the certificate, license. A regulatory offer profile consists of a proposal and document which demonstrates the adjustment of one of the contents of business registration, location, scale, or operating conditions. The deadline of the appraisal, the certification level, the prescribed license at Section 8 This Article. "

15. Modified, add 1, paragraph 3 Article 42 as follows:

" 1. The test, issued a certificate of sufficient security clearance, permits for the fire department, firefighting for industrial detonation facilities, pre-agency explosives before the authorities have licenses to grant licenses. You know, get all the industrial detonation material, the explosives. The test organization, granting an industrial detonation permit for subjects not within the Department of Defense's management. The organization issued a licence to transport the explosives in accordance with the law of dangerous shipping.

3. Host, in collaboration with the Ministry of Defense stipulated, guidelines on a temporary cessation of the Transportation of Industrial Materials Transport in the schools that need to secure political security and social safety order when there is national or regional activity in areas sensitive. It's about political security. "

16. Modified, add paragraph 2, paragraph 3 Article 43 as follows:

" 2. The test organization, granting a license to use industrial explosives for defense businesses, the military unit as an economy. The test organization, issuing an industrial explosive material for objects within the Department of Defense. Co-ordination with the Ministry of Commerce inspects the implementation of the law regulations in industrial explosive material.

3. Coordinate with the Ministry of Public Security on a temporary cessation of industrial detonation of industrial explosives in cases requiring political security and social security order when there is national or regional activity sensitive to political security. "."

What? 2. Terms of execution

1. This decree has been in effect since 10 August 2012.

2. The pre-issued drug-based business license for the organization pursuant to the law prior to the date of this Decree is that the enforcement effect is continued to carry out under the prescribed term at the license.

What? 3. Responsibility

1. The Ministry of Trade is responsible for coordinating with the ministries, the relevant industry that execs this decree.

2. The ministers, the chief of the government, the Prime Minister of the Government, the Chairman of the People's Committee of the provinces, the Central City of the Central Committee, is responsible for the implementation of this decree.