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Circular 08/2009/tt-Bca: Detailing The Implementation Of A Number Of Articles Of Decree No. 36/2009/nd-Cp On 15/4/2009 On The Management, Use

Original Language Title: Thông tư 08/2010/TT-BCA: Quy định chi tiết thi hành một số điều của Nghị định số 36/2009/NĐ-CP ngày 15/4/2009 về quản lý, sử dụng pháo

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CIRCULAR detailing the implementation of a number of articles of Decree No. 36/2009/ND-CP on 15/4/2009 on the management, use _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 36/2009/ND-CP on 15/4/2009 on the management, use the cannon;
Pursuant to Decree No. 77/2009/ND-CP dated 15/9/2009 regulating the functions, duties, powers and organizational structure of the Ministry of public security;
The Ministry of public security detailing the implementation of a number of articles of Decree No. 36/2009/ND-CP on 15/4/2009 on the management, use of guns as follows: chapter I GENERAL PROVISIONS article 1. Scope this circular detailing the implementation of a number of articles of Decree No. 36/2009/ND-CP on 15/4/2009 on the management, use the Cannon (as Decree No. 36/2009/ND-CP), include: production management, buying, selling, transporting, importing, using Fireworks drugs, Fireworks, equipment, accessories and bombardment organised firework.
Article 2. The object that applies to this circular apply to agencies, organizations, individuals, organizations, Vietnam foreign individuals (here written as individual organizations) related to manufacturing operations, purchasing, selling, transporting, importing, using Fireworks, Fireworks, equipment, accessories and Fireworks manage , organised firework.
Article 3. Manage the types of Fireworks 1. The management of the types of fireworks by the Ministry of defence production, imported to organized Fireworks and fireworks by the Organization, foreign individuals are allowed to bring into Vietnam to test Fireworks specified in item 1 and item 2 article 5 of Decree 36/2009/ND-CP made under the provisions of chapter II , III, IV of this circular.
2. Flares used in the operations quote tropical depression, storm, flood, salvage, rescue, transportation and military activities defined in paragraph 3 article 5 of Decree 36/2009/ND-CP when using pistols then follow the legal regulations on the management of weapons explosives, tool support; If only other technical equipment (not in use) then the management made under the provisions of the ministries concerned.
3. The management of the Fireworks Festival in paper, electric Cannon, Cannon decorated with paper, plastic, bamboo, metal, construction; light incense sticks; the products signal light, the colors, the sounds used in cultural activities, art does not cause an explosion to the provisions in clause 4 Article 5, Decree No. 36/2009/ND-CP is made according to the provisions of the law on trade.
Chapter II MANAGEMENT of the PRODUCTION of FIREWORKS, FIREWORKS article 4. Condition of manufacturing base of fireworks, Fireworks manufacturing base of fireworks, Fireworks drugs prescribed in clause 2 article 11 of Decree 36/2009/ND-CP must have the following conditions: 1. the State enterprise of the Ministry of defence are the Prime allows the production of fireworks , smoking firework;
2. Ensure Vietnam technical standards;
3. Ensure the conditions of environmental hygiene, labor safety and hygiene; Prevention of fires;
4. the police have issued a certificate of eligibility on security, order.
Article 5. Application for certificate of eligibility on security, order application for certificate of eligibility on security, order include: 1. Application eligibility certification of security, order;
2. Copy the text agreed by the Prime Minister to allow the production and processing of fireworks, Fireworks;
3. Copy of business registration certificate;
4. A copy of the certificate of eligibility on the Fire Department and fire;
5. Affidavit of the personal history of the manufacturing base of fireworks, Fireworks has confirmed the Government's basis of residence or of the direct administration and accompanied by two photos 4 x 6 cm size;
Article 6. Where applying for a certificate of eligibility on security, order 1. Application for certificate of eligibility on security, order filed in the police administration of social order in the General Department of police administration of order, social safety Ministry of public security. 2. Within 10 days from receipt. Police Administration of social order must check the condition of manufacturing base of fireworks, Fireworks to qualified certification of security, order.
3. where found not qualified on security, order, the police administration of social order must inform, in writing and stating the reason for the manufacturing base of fireworks, Fireworks said.
Manufacturing base of fireworks, Fireworks when qualified certification of security, order and pay the prescribed fee.
Article 7. Buy, sell Fireworks 1. Manufacturing base of fireworks, fireworks are only sell Fireworks to local units are allowed to organize Fireworks specified in article 7 of Decree 36/2009/ND-CP DATED. 2. The local unit was allowed to use Fireworks only purchase fireworks of the base is allowed to produce the fireworks of the provisions of article 11 of Decree 36/2009/ND-CP. 3. Profile buy fireworks include: a) text proposed by the provincial people's Committee, the central cities or of the Organization cultural festivals, sports, travel on specific stated time, location, number, type of fireworks;
b) purchase contracts, shipping (if any);
c) Who to contact to buy fireworks introductory certificate and certificates.
Chapter III the LICENSEE BRINGS FIREWORKS, FIREWORK ACCESSORIES on VIETNAM and the TRANSPORT of FIREWORKS, FIREWORKS, FIREWORK ACCESSORIES article 8. Licensed to carry Fireworks, firework accessories on Vietnam 1. The licensing carries Fireworks, firework accessories on Vietnam as stipulated in paragraph 2 article 5 of Decree 36/2009/ND-CP applies only with respect to the institutions, foreign individuals to attend the International Fireworks contest held in Vietnam.
Organizations, foreign individuals are allowed to carry Fireworks, equipment, accessories for Fireworks in Vietnam to test if used not to re-export most of the remaining fireworks devices, accessories and Fireworks; not be sold or used for other purposes in Vietnam.
2. Application for a license to bring the Fireworks, equipment, accessories for Fireworks in Vietnam include: a) the text of the organizers of the International Fireworks contest proposed licensing brings Fireworks, equipment, accessories for Fireworks in Vietnam; which States specifically the number of foreign delegations to participate; category; the number of fireworks, firework accessories of each group; they, the name, number of the passport of the representative of each group; time, the gate crew carried devices, Fireworks, firework accessories on, out of Vietnam.
b) a copy of the opinion of the Prime Minister for allowing the Organization the International Fireworks contest;
c) decided to establish the Committee for the International Fireworks competition of competent State agencies;
d) Who to contact please license the carrying Fireworks, equipment, accessories for Fireworks in Vietnam must present the paper introduced and certified Paper, accompanied by two photos 4 x 6 cm size. 3. Where applying licensing and the licensing deadline brings Fireworks, firework accessories on Vietnam as follows: application for licensed carry Fireworks, firework accessories into Vietnam, filed at the police administration of social order.
Within 10 days from the date of receipt of a valid application, Police Department administrative management on social order to license carrying Fireworks, equipment, accessories for Fireworks in Vietnam according to the form attached to this circular.
4. The organizers of the International Fireworks contest must submit the licensing fees bring Fireworks, equipment, accessories for Fireworks in Vietnam according to the regulations.
Article 9. Licensing the transport of fireworks, Fireworks, equipment, accessories, Fireworks organized firework Fireworks transportation permit, smoking devices, Fireworks, firework accessories by Ministry of defense production as defined in article 7 of Decree 36/2009/ND-CP by the Vietnam people's army Defence Ministry level, and follow the instructions of the Ministry of defence.
Chapter IV management, ORGANIZED FIREWORKS article 10. Fireworks management 1. Ministries, the people's committees of provinces and cities centrally (here written as provincial) Cultural Festival, sports, travel-demand human Fireworks organization to the anniversary date as defined in article 7 of Decree 36/2009/ND-CP must establish the organizers Fireworks. Composition the Organizing Committee led by The fireworks industry, Chairman (if by ministries chaired organizations) or represented people's Committee leaders granting the province (if by the provincial people's Committee chaired the organisation) and representatives of relevant agencies: culture, sports and tourism , Public safety, military, financial, information and communication.
2. The responsibility of the organizers firework-build project to organize Fireworks; in it, stating the scale, range, duration, number of locations, the Fireworks ensuring security, order, safety and fire prevention, blast.
-Organization of safe Fireworks, for your purposes, ensuring the security, safety, social order, environmental hygiene and cultural needs are met, the spirit of the people.
Report-Ministry of culture, sports and tourism and the Ministry of public security on the results the Organization of fireworks.
3. in case of need to change range, duration, time, location, fireworks are performed as prescribed in paragraph 3 article 8 Decree No. 36/2009/ND-CP. Chapter V IMPLEMENTATION article 11. Effective enforcement of this circular are enforceable after 45 days from the date of signing; the previous regulations of the Ministry of public security on management, use of fireworks this contravention of this circular are abolished.
Article 12. Responsibility 1. General Directorate of administrative police of order, social security has the responsibility to organize, guide, examine the implementation of this circular.
2. General Director of the Directorate, the heads of subdivisions of the Ministry of public security, the Director of the province, central cities, Director of the Fire Department and Police Department fire Ho Chi Minh City within the scope of his duties, function is responsible for implementation of this circular.

In the process, if any problems arise, organizations and organs of public security units, local report, reflection on the Ministry of public security (via the police administration of social order) to have timely instructions./.