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The Decree 39/2009/nd-Cp: On Industrial Explosives

Original Language Title: Nghị định 39/2009/NĐ-CP: Về vật liệu nổ công nghiệp

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Pursuant to the law on organization of the Government of 25 December 2001;

Commercial Law base on June 14, 2005;

Pursuant to the law on chemicals of 21 November 2007;

Considering the recommendation of the Minister of industry and trade, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope this Regulation Decree on industrial explosives operations, safety in operation of industrial explosives, the rights and obligations of the Organization, individuals involved in the operation of industrial explosives and state management of industrial explosives operations.

This Decree does not apply to the activities of the industrial explosive materials serving the purpose of security, defense and in the case of emergency according to the legal provisions.

Article 2. The object of this Decree apply apply to organizations, individuals involved in industrial explosives operations in Vietnam.

Article 3. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. "explosives" is the chemical or mixture of chemicals are produced, used to create explosive reaction under the action of the muscle stimulation, heat, chemical or electrical.

2. "accessory explosion" is the kind of explosive detonation cord, cord, slow fire, explosive primer, the articles contain explosives has the effect of creating the initial stimulus blew up explosive or other types of specialized equipment containing explosives.

3. "explosive precursor" is direct material to produce explosives, including ammonium nitrate (NH4NO3) substances, Sodium nitrometan (CH3NO2), nitrates (NaNO3), Kalinitrat (), sodium chlorate (NaClO3), potassium chlorate (KClO3), potassium perchlorate (KClO4).

4. "industrial explosives" is dynamite and explosive components used for civil purposes.

5. "the new industrial explosives" is the type of the first industrial explosives produce imported into Vietnam and have yet to be put in the category of industrial explosive materials in Vietnam. Industrial explosives are already in the category of industrial explosives, but a change to any of the components are considered industrial explosives.

6. "the category of industrial explosives Vietnam" is a listed industrial explosive materials allowed, use in Vietnam. Contents a listing includes information about classification, packaging specifications, quality criteria and the origin of industrial explosives.

7. "the production of industrial explosives" is the process of creating the explosive, blasting accessories, including the construction of explosives right in the place of use, process recycling, packaging labelling of industrial explosives products but not including the split, packaging to create the explosive amount according to the needs in the place of blasting.

8. "preservation of industrial explosives" is the activity of industrial explosives stored in the depot, during transportation to the place of use or at the place of use.

9. "transport of industrial explosives" is the active transport of industrial explosives from this location to the other location.

Internal transport is the transport of industrial explosives inside the mine boundaries, or production facilities, preservation of industrial explosives on the route does not intersect with the waterways, public roads.

10. "use of industrial explosives" is the process of bursting explosives industry according to the technological processes were identified.

11. "destroy the explosives industry" is the process of breaking down or losing the ability to create the explosive reaction of the explosives industry by technological processes were identified.

12. "the business of industrial explosives" is the realization of one, some or all of the purchase, sale, export, import, import, re-export, transit of industrial explosives.

13. "research, technological development and industrial explosives" is the entire process of creating the product new industrial explosives or just one step of the process to determine the composition, improve process technology, production equipment lines, determine the application of the product.

14. "blasting services" is the use of industrial explosives to make blasting contract between the organizations are allowed to do with blasting services organizations, individual needs.

15. "industrial explosives testing" is the manipulation techniques in the testing room or scene, the rules to determine the technical characteristics and the level of risk in actual use conditions of industrial explosives.

16. "industrial explosives operations" is implementing a number of activities in research, testing, production, purchase, sale, export, import, storage, transportation, use, destruction, monitoring of blasting effect.

17. "safe distance" is the distance needed for the smallest, in every direction from the blasting location or from the factory, warehouse, vehicle contained explosives industry to the need to protect objects (people, houses, buildings or warehouses, public roads, vehicles containing explosives industry other...) why, for objects that are not affected about excessive shocks, air waves, knocked under the provisions of the current regulation, standards when blasting or when there is trouble, media blasting, industrial explosives warehouses.

18. "the Commander blasting" who is eligible on the qualifications and experience, is responsible for guiding, administration, monitoring all activities related to the use of industrial explosives in blasting areas.

19. "monitoring of blasting effect" is the use of the facilities, equipment for measuring, analyzing and evaluating the degree of trauma, the extent of the impact of air waves caused by blasting.

Article 4. Principles of operations management industrial explosives 1. The State monopoly on the production and trading of industrial explosives. The number, scope, scale of production enterprises, business industrial explosives caused the Prime Minister decides on the basis of proper planning of industrial explosives development and socio-economic conditions of each period, against the abuse of monopolistic position, ensuring the national interests , legal rights of enterprises.

2. Construction, developing advanced industrial explosives, complete production from raw materials to products, meeting the needs of national economy and exports. Closely associated with defence, economic exploitation of the maximum capacity of the defense industry and the chemical industry in the development of industrial explosives industry.

3. organizations and individuals engaged in industrial explosives operations are only active when the competent authority permits, must adhere strictly to the provisions of the law, standard, safety technical regulation of industrial explosives, fire department, fire and other security-related , social order, safety of people, property and the natural environment.

Article 5. The acts prohibited in industrial explosives operations 1. Research, testing, production, business, storage, transportation and use of industrial explosives without a license, a certificate of eligibility under the provisions of this Decree.

2. The circulation, the use of industrial explosives are not safe and not in the category of industrial explosives Vietnam under the provisions of this Decree.

3. Transfer, lease, loan, mortgage, offering, hiding or possessing illegal explosives industry.

4. Use of industrial explosives for illegal mining, hunting, plant, harm human health, jeopardize the ecological environment, harmful to the safety, security, social order.

5. Use underage minors who do not have a valid personal certificate, people with limited capacity for civil acts, who lost the capacity for civil acts, who are being prejudice to criminal or convicted but not yet deleted projects area of participation in the activities of industrial explosives.

6. Taking advantage of position and powers to hinder illegal, troubling, harassed with regard to manufacturing operations, business organization, individual or cover up violations of the law of industrial explosives.

7. Do not offer or provide false information about the explosives industry. Not timely reporting, conceal or falsify information to report about the theft, loss, accident, breakdown of industrial explosives.

8. other prohibited acts under the provisions of the law.

Chapter II INDUSTRIAL EXPLOSIVES OPERATIONS Items 1. GENERAL REQUIREMENTS for the OPERATION of INDUSTRIAL EXPLOSIVE MATERIALS article 6. Organizational management system safety engineering organization, personally works of industrial explosives must set the system governing safety engineering due to the direct leadership, direction and assigned to qualified persons, responsible experience performing technical work safety in every Department high risk positions, about the incidents, accidents, fire and explosion.

Article 7. Asked about the work of ensuring the security, order, fire department, firefighter organizations, individuals active in industrial explosives must have security, order and scheme, fire extinguishing, measures for the production facility, where the treasure system unloading, transportation, industrial explosives are active periodically, the organization exercises prescribed. The explosives industry must develop plans to prevent emergency incident response.

Article 8. Records, active documents and explosives industry organizations, individuals active in industrial explosives must preserve, archive books, vouchers for each type of industrial explosive materials manufacture, purchase, sale, export, import, use, transportation, conservation, inventory, destroyed within 10 (ten) years from the date of implementation of the production of export-import trading, use, transportation, conservation, inventory, destroyed.

Article 9. Ask about training organizations, individuals active in industrial explosives must perform technical safety training, fire prevention, fire, emergency response in the operation of industrial explosives and suggested the Agency had the authority to check, certified according to the provisions in section 8 of this Decree.

Article 10. Sign location unloading explosives industry


The organization or individual operating industrial explosives must perform the registration and the permission of the people's committees of provinces and cities under central locations for unloading explosives industry.

Article 11. The request for the destruction of industrial explosives of industrial explosives overdue, lost quality and the inability to recycle used must be destroyed according to the standard, current technical regulation of industrial explosives. The destruction of industrial explosives to do organizations have the production license, the use of industrial explosives made.

Section 2. REVIEWS, CLASSIFYING the INDUSTRIAL EXPLOSIVE MATERIALS article 12. Requirements for industrial explosives products in The categories of industrial explosives before putting into circulation, used to test, evaluate, classify ensure safety requirements, quality, packaging, labeling, standards under the provisions of the current regulation on products of industrial explosives.

Article 13. Industrial explosives classification 1. Industrial explosives are classified based on the degree of danger and the stability with respect to the external environmental impact while preserving, transporting, using. The classification is based on the testing, assessment provided for in article 14 of this Protocol.

2. standard, the standard rules as a basis for classification, valuation of industrial explosives must comply with provisions of the global harmonization of systems of classification and labelling of chemicals (the Globally Harmonized System of Classification and Labelling of Chemicals) and in accordance with the actual conditions of Vietnam.

3. standard classifications, review of industrial explosives is mandatory standards apply.

Article 14. Testing, assessment of industrial explosives 1. Testing, assessment of industrial explosives are made in the following cases: a) new industrial explosives manufacturing in Vietnam;

b) new industrial explosives imported into Vietnam but no test results, reviews are admitted under the provisions of the law.

c) serving the State inspection under the provisions of law on quality of goods and products.

2. Organization of production, imports are responsible for performing the testing, evaluation, classification of new industrial explosives before the competent authorities appraise put in the category of industrial explosives allowed circulation, used in Vietnam.

3. The testing, assessment of industrial explosives by the Organization reviews the fit was just about to make. The recognition of test results, evaluation of industrial explosives of foreign testing organizations by Industry regulations.

4. experimental content, reviews the new industrial explosives follow current standards, standards. New industrial explosives to use in the environment of explosive gas, dust hazards; high-temperature environments must be tested in real conditions beyond the testing was complete in the specified test rooms.

5. experimental content, reviews of industrial explosives inspection service conducted at the request of the authorities responsible for implementing the State inspection on quality of industrial explosives.

6. Industry specific regulations about the category of industrial explosives, standards, technical standards, testing, evaluation, classification and procedures, procedures for recognizing, appraising industrial explosives inserted into new industrial explosives category allowed, use in Vietnam.

Category 3. Research, the PRODUCTION of INDUSTRIAL EXPLOSIVE MATERIALS article 15. Research, technological development and industrial explosives 1. Research, technological development and industrial explosives by scientific organizations, technology or production enterprises of industrial explosive materials are qualified professionals, infrastructure implementation.

2. Research, technology development and industrial explosives must establish research projects suggest that the Agency has the authority under regulation review.

3. Research, development and industrial explosives technology deployment projects only in the correct scale, approved content.

4. The manufacture or delivery of production technology of industrial scale is only done at the production facilities of industrial explosives are eligible under the rules.

Article 16. Manage explosive precursors 1. The production, export, import, storage, transportation, sale and purchase of explosives precursors must ensure the security requirements prescribed industrial explosives management, and ensures the safety requirements under the regulation and legislation of dangerous chemicals.

2. Organization of production, export, import, sale and purchase of explosives precursors just made after permission by the competent authorities.

3. Exemption from licensing the manufacture, export, import, sale and purchase of explosives precursors serves for purposes of teaching, research, experiment with smaller volume 05 (five) kg/year.

4. The mixture of substances with explosive precursors is greater than 45% should be managed on security, safety in accordance with paragraph 1 of this article.

Article 17. Conditions of the production of industrial explosives 1. Organization of production of industrial explosives must be 100% state capital enterprise, was tasked by the Prime Minister on the advice of Industry and the Department of Defense.

2. place the base factory, production and storage of industrial explosives must ensure conditions of security, order, ensure the safe distance for the works, objects need protection under the current regulation, standards and related regulations.

3. the category of the product, the scale of production is consistent with the development of national industrial explosives. The product has been studied, tested meet the current standards, standards of quality and safety engineering.

4. Workshop, storage space, technology, equipment, means of production tools must be designed, constructed, consistent with the scale and characteristics of raw materials, products and industrial explosives produced satisfy the requirements of fire, explosion, lightning, electrostatic control, safe for labor and environmental protection standards safety technical regulation, about the explosives industry and the related regulations.

5. Adequate, qualified measurement equipment suitable for inspection, monitoring and technology parameters serve to check the quality of raw materials, finished products in the production process; where explosive industrial explosives testing, safety standards, according to current standards.

6. Leadership, management and workers, who serve to involve the production of industrial explosives must meet the requirements of security, order; There are professional level corresponds to the position, the Authority took charge, receive training on safety engineering, fire, fire, the incident response in the activities related to the production of industrial explosives.

Article 18. Rights and obligations of the Organization of production of industrial explosives in addition to other rights and obligations stipulated by law, organized the production of industrial explosive materials have the following rights and duties: 1. Imports or mandated import, purchase explosive precursors from the business enterprise of industrial explosives or other business enterprises have the production license imported precursors, explosives; make sure the level of reserves of raw materials, precursors under the plan has committed to business organization, use of industrial explosives.

2. Only produced, selling the right product category, design capacity for the business enterprise of industrial explosives. Make the purchase explosive precursors, sale of industrial explosives through contracts are made in writing.

3. Make appropriate disclosure standards for industrial explosives products and apply the quality management system to ensure product quality according to published standards; make the packaging, product labeling of industrial explosives according to the current rules on the labelling of goods and technical standards, standards of packaging, labelling of products of industrial explosives.

Item 4. INDUSTRIAL EXPLOSIVES BUSINESS article 19. Business conditions of industrial explosives 1. Business organizations of industrial explosives must be 100% state capital enterprise, was tasked by the Prime Minister on the advice of Industry and the Department of Defense.

2. Location, container ports, where receiving unloading explosives industry must ensure the conditions of security and order, ensure the safe distance for the works, objects need protection under the current regulation, standards and related regulations.

3. the distribution system and ensure quality for any technical facilities tailored to the task, the scale of business; to meet the demand of consumption and blasting service providers of the market.

4. Storage space, unloading equipment, means of transport, equipment, business service tools must be designed, constructed, consistent with the scale and characteristics of business activities, satisfying the requirements specified in section 6 of this Decree; the absence of transportation, warehouse, must have the written rental contract with the Organizer is allowed to preservation, transportation of industrial explosives.

5. Leadership, management and workers, who serve business related industrial explosives must meet the requirements of security, order; There are professional level corresponds to the position, the Authority took charge, receive training on safety engineering, fire, fire, the incident response in the activities related to the business of industrial explosives.

Article 20. The rights and obligations of the business organization of industrial explosives in addition to other rights and obligations stipulated by law, the Organization of industrial explosives business has the following rights and duties: 1. production planning, category of explosive precursors, explosives, industrial output and reserves required , category of explosive precursors, explosives, industrial supply, export, import demand annually was committed to manufacturing businesses, industrial explosives, the organization that permits the use of industrial explosives; implement national reserve according to the regulations.


2. Perform business tasks explosive precursors, explosives industry as prescribed in the business licence, export licence, import of explosive precursors, explosives industry. Explosive precursors business, explosives industry through contracts are made in writing.

3. Only sold the explosives industry in the category of industrial explosives for Vietnam held a permit to use explosives industry. Must buy back the excess industrial explosives, parked by the institutions using explosives, legal industry that needs to sell.

4. Make appropriate disclosure standards for explosive precursors, explosives industry import and apply quality management system to ensure product quality, packaging, labeling, according to published standards when put into circulation, use.

Section 5. USE of INDUSTRIAL EXPLOSIVES article 21. Conditions of use of industrial explosives 1. Is the organization established pursuant to law, business registration or registration required fields, the use of industrial explosives.

2. Have active minerals, oil and gas or construction work, research, testing should use the explosives industry. Location of use of industrial explosives must ensure the conditions of its security order, ensure the safe distance for the works, objects need standard protection, current technical regulation and the related regulations.

3. Have the storage space, technology, equipment, vehicles, tools to serve the industrial explosive materials used satisfy the standard requirements, current technical regulation and specified in section 6 of this Decree; the absence of transportation, warehouse, must have the written rental contract with the Organizer is allowed to preservation, transportation of industrial explosives.

4. Management leader, Commander of the blasting, mine hunter, who served related to use of industrial explosives must meet the requirements of security, order; There are professional level corresponds to the position, the Authority took charge, receive training on safety engineering, fire, fire, the incident response in the activities related to the use of industrial explosives.

Article 22. Rights and obligations of the organization use the explosives industry in addition to the other rights and obligations stipulated by law, the Organization of industrial explosives used have the following rights and duties: 1. Only be buying the explosives industry in Vietnam industrial explosives from the business enterprise of industrial explosives. Explosives industry admit, not out to sell it back to the business organization of industrial explosives.

2. Make the appointment to command the blasting and the full implementation of the standard rules, the current regulation on safety in the use of industrial explosives when conducting blasting.

3. Set design, blasting approach consistent with the scale of production, natural conditions, social conditions where the blasting; specified in the design methods, blasting safety measures, guards against unauthorized intrusions blasting area; warning procedure, set to explode; the procedure and the procedure of monitoring the consumption, destruction of industrial explosives in blasting and other content under the standard, current technical regulation.

4. design or scheme blasting must be licensing agency used industrial explosives approval and permission of the provincial people's Committee or the governing body when blasting in the residential areas, medical facility, the area contains the historic culture, nature conservation, the security, defence or other important works of the countries, other protected area under the provisions of the law. Make the monitoring of blasting influence for works, objects that need protection in the range of influence of blasting.

Item 6. Preservation, TRANSPORTATION of INDUSTRIAL EXPLOSIVES Article 23. Preservation of industrial explosives 1. Only the Organization of production, trading, use of industrial explosives and blasting services is investing in the construction of industrial explosives warehouses. The investment, construction, expansion, renovation of industrial explosives container must implement legal provisions on investment construction of current technical standards and related laws.

2. industrial explosives must be stored in the warehouses, the site satisfies the requirements of security, ensure the safe distance for the works, objects need protection; meet the standards, the current regulation on structures, building materials and satisfy the requirements for fire, explosion, lightning, electrostatic control, safe for labor and environmental protection standards, current technical regulation and the related regulations.

3. management leaders, storekeepers, who guards, who served related to preservation of industrial explosives must meet the requirements of security, order; There are professional level corresponds to the position, the Authority took charge, receive training on safety engineering, fire, fire, the incident response in the activities related to the preservation of industrial explosives.

4. During operation, in addition to the rights and obligations stipulated by law held, personal inventory management of industrial explosives must implement the following provisions: a) equipped with the device, the media serve the protection guard, fire, explosion, contact info, unloading and industrial explosives allocated according to standards the current standards, and the legal provisions concerned. Do not use containers of industrial explosives for other purposes during the validity of the regulations permits the operation of industrial explosives;

b) build options variant, fire protection, security measures to handle and coordinate with local authorities in the event of fire, the unauthorized intrusions and other emergency cases. Subscription Manager list, store keeper, who served with the local public security organ;

c) standard base, current standards, the construction procedures of guarding, check, control who was in, who worked in the depot, handling procedures, destroyed explosives industry product. The import, allocate industrial explosives must correctly process, the object has to be approved by the unit leader.

Article 24. Transport of industrial explosives 1. Operating condition of industrial explosives transportation a) economic organization Is established under the provisions of the law, registered shipping industry business or organization has a license production, trading, use of industrial explosives;

b) Have means of transportation of eligible activities, taking traffic law regulations on qualified traffic and transport of industrial explosives according to the criteria, the current regulation on industrial explosives, fire department, fire and related regulations;

c) management leader, who controls the media, escorts, who served related to the transport of industrial explosives must meet the requirements of security, order; There are professional level corresponds to the position, the Authority took charge, receive training on safety engineering, fire, fire, the incident response in the activities related to the transport of industrial explosives;

d) except in the case of internal transport, the transport of industrial explosives on public roads must be the competent agency, licensed to transport explosives industry. Order shipping license procedure specified in Chapter III of this Decree.

2. In the course of operations, in addition to the rights and obligations stipulated by law, individual organizations to transport explosives industry has the following rights and obligations: a) made the transport of industrial explosives regulations in shipping license. To check the status of the goods, the means of transport before departure or after each stop, fix damage immediately if any;

b) Only be carried when transport on transport are full of symbols, signal danger and arrangement requirements, labelling, packaging and shipping goods satisfy the legal provisions on the transportation of dangerous goods regulations, the relevant regulation on the transport of industrial explosives;

c) building precautions emergency incident response, security options and order measures, measures for the handling, contact and coordinate with the local authorities in the event of an emergency when vehicles crash on the transport of industrial explosives;

d) Must have sufficient escorts to be armed support tool when transporting explosives industry. Escorts along with the driver of the media is responsible for the preservation and protection of goods during transport;

DD) except in the case of an emergency as defined in point e, the clause, prohibits the transport of industrial explosives through the center of the metropolitan area, populated in the peak hours; parking non-stop transport in densely populated locations, near the petrol station; not loading, unloading, delivery or change the stops, routes, parking regulations in shipping license;

e) In the case of transport equipment breakdown, accident, fire or hampered transportation, escorts and who controls the means to implement immediately the zoned, set alerts prevent the unauthorized intrusion, converge and exclude the possibility of appearing in the source areas of the issue , to avoid danger to people who are taking traffic, immediately notify with local government areas to be supported processors.

Section 7. Article 25 BLASTING SERVICES. Forms and required blasting service activities 1. Blasting services include: a) blasting services locally have a limited scope of activities in the area of land of one province or directly governed city;

b) blasting services on the continental shelf;

c) blasting services has a range of activities across the territory of Vietnam and the region.


2. The number, scale, scope of the service organization blasting must conform with the mission, the needs of the construction activities, the activity of mineral concentration and social economic conditions of local peculiarities.

3. where necessary to ensure safety, security and social order, State Agency on industrial explosives specified, required the implementation of blasting services in these areas, special places of security, social order.

Article 26. Conditions, benefits, duties of the active service organization blasting 1. Is the economic organization was established under the provisions of the law, business registration industry services blasting. Organization of the provision of services specified in point c of paragraph 1 article 25 must be 100% state capital business.

2. to be eligible under the provisions of this Decree on the use, storage and transport of industrial explosives. The base material, technical and human enough to provide minimum services for 5 (five) Organization rented service.

3. In addition to the rights and obligations stipulated by law, the organisation of activities provision of services has full rights and obligations under the provisions of this Decree when the use, storage, transport of industrial explosives to make blasting services.

Article 27. Rights and obligations of organizations hire the services of external blasting the rights and obligations stipulated by law, organizations hire the services there are blasting the following rights and duties: 1. Do not have to have a license for industrial explosives operations have rental service.

2. don't rent much the same service organization providing a service type in a location, location.

3. Under the authority of the parties providing services in specific activity when the preservation, transportation, use of industrial explosives.

4. Cooperation, facilitate the supply side of support services problems related to security, safety in operation of industrial explosives.

Item 8. SAFETY TECHNICAL TRAINING in the ACTIVITY of the INDUSTRIAL EXPLOSIVE MATERIALS Article 28. The object of training 1. Leaders of the Organization, the Manager of the parts directly related to the activities of industrial explosives.

2. Command of the blasting, mine hunter.

3. Store keeper, who controls the media, who escorts the transport of industrial explosives.

4. Serve directly the activities related to the explosives industry, including protecting, guarding, unloading or other activities where blasting is not related to the fighting mounting, check the network blast, detonated.

Article 29. Technical training content safe in industrial explosives operations 1. The object of the provisions in paragraph 1 Article 28 of this Decree are trained legal knowledge on the management of industrial explosives, related legal knowledge about fire department, fire protection and security in the operation of industrial explosives; business management services; method of establishing and implementing plans, preventive measures, emergency response, test methods, active monitoring of blasting.

2. The objects specified in paragraphs 2, 3, 4 this Decree 28 Thing is coaching the contents specified in current standards, standards of safety engineering in industrial explosives operations.

3. Industry detailed rules on the program, the training content for the object specified in paragraph 1 of this article and issued safety technical regulation program, training content for the objects specified in paragraphs 2, 3, 4 Article 28 of this Decree.

Article 30. Certification of safety engineering of industrial explosives 1. Granted industrial explosives operations inspection, certification of the safety engineering of industrial explosives for objects in issued permits.

2. The certificate is valid for the duration of two years and the effect on the country. The case of a change in operational conditions, management of industrial explosives where industrial explosives operations is responsible for the training of additional content related to changing operational conditions; test and certification.

Item 9. ACTIVITIES REPORTS INDUSTRIAL EXPLOSIVES article 31. The report in the unusual case of organisations, individuals, people related to industrial explosives operations are responsible for the competent authority report in the following cases: 1. Within 24 hours, reported the local public security authorities of the place where the industrial explosives operations in the event of unauthorized intrusion area contains industrial explosives or stolen out of unknown reasons or suspected loss of industrial explosives.

2. Within 24 hours, reported the people's committees at district level and the Department of industry and trade of the province, the central city in the place where the activities of industrial explosives of industrial explosives operations or accidents, the incident occurred in the operation of industrial explosives. Writing reports after 48 hours, since the termination of activities of industrial explosives or accident, incident.

Article 32. Recurring reports of industrial explosives operations 1. Organization of industrial explosives operations are responsible for reporting the Department of industry and commerce, Public Security Department, central cities before the June 25 for the previous six months and report on December 25 for the reporting year on the number, types of explosives, industrial maintenance, transportation , use and related issues.

2. Periodically six months, nine months and a year, the business organizations of industrial explosives are responsible for reporting the business situation statistics, export, import, inventory reporting Industry.

3. Six months, annual industrial and commercial Departments have a responsibility to report the Industry on the State of management, sale and use of industrial explosives in the province before the date of 30 June for a six-month report, December 31, for the previous reporting year. Ministry of industry and trade, Government reports on the State of management, use of industrial explosives in the nation according to the regulations.

4. Industry specific regulation form reports on industrial explosives.

Chapter III.

LICENSING of INDUSTRIAL EXPLOSIVES OPERATIONS Article 33. The type of certificate, license of industrial explosives operations 1. Qualified certificate for the production of industrial explosives, explosive precursors.

2. Business license of industrial explosives, explosive precursors.

3. the export licence, import industrial explosives, explosive precursors.

4. License to use the explosives industry.

5. Service license blasting.

6. license to transport explosives industry.

Article 34. Profile, sequence and certification procedures, licenses.

1. the proposed organization of the certification, the license file to send the competent State bodies specified in article 36 of this Decree.

2. The records suggest the certification, licenses include: a) the certification application, the license according to the prescribed form b) copy of business registration certificate;

c) papers, documents that meet the eligibility requirements, the provisions of chapter II of this Decree, corresponding to the type of activity proposed certification, license.

Industry profile detailing the writing proved to meet the requirements, the conditions of production, sales, storage, use and blasting services for the objects specified in paragraphs 1 and 2 Article 36 of this Decree.

The Ministry of public security detailing the profile text prove to meet the conditions, requirements for transport of industrial explosives.

The Defense Department detailing the profile text prove to meet the conditions, requirements on the use of industrial explosives of enterprises under the Ministry of Defense.

3. the suggested organization certification, licenses do not have to file the papers specified in point c of paragraph 2 of this Article if the information required in the text that was provided, published in full on the website the Official Website of the Agency issuing the document.

4. the receiving Agency are responsible for checking records, written receipt for the applicants. Receipt must have content stating the condition record, additional requirements, corrects the record if available.

5. Within a period of not more than 7 (seven) working days from the date of receipt of a valid application specified in paragraph 2 of this article, the competent State bodies responsible for certification, licenses held the license proposal; no case to answer, in writing and stating the reason.

6. the suggested organization certification, license fees to be paid under the provisions of the law. The Ministry of Finance regulates the level of currency, currency, management and use of fees, license certification.

Article 35. Content validity, certificate, license 1. Certificate, the licence includes the following principal contents: a) name, Head Office and address of organization of industrial explosives operations;

b) location, the scope of activities of industrial explosives;

c) type of activity, the number, types of industrial explosives, explosive precursors;

d) The technical conditions required for security and safety regulations in this Decree and the current standards, standards;

DD) obligations of the facility was issued a certificate, license.

2. no rules of validity period of the certificate of eligibility. Annual recurring, certification bodies are eligible to host, in cooperation with the relevant bodies to check the certification organization to be eligible for the observance of the conditions specified in the certificate of eligibility.

3. The term of the license provisions as follows: a) not more than 5 (five) years for the business license of industrial explosives, the license to use explosives for industrial mining service;

b) according to the duration of the work but not more than 2 (two) years for the license to use the explosives industry serving construction, testing research, oil and gas activity and blasting Services license.

c) according to the time limit proposed in the profile but not more than 3 (three) months for export licenses, import industrial explosives, explosive precursors;


d) according to the time limit proposed in the profile but not more than 6 (six) months for permits to transport explosives industry. Cases need to ensure political security and social order and safety in national level activities or in the sensitive area of security politics, the Ministry of public security regulations and specific instructions about the license suspension period to transport industrial explosives; the pause period not to exceed 2 (two) days duration occurs active.

4. Industry detailing the model certificate, license, business, conservation, use and blasting services. The Ministry of public security detailing the model shipping license of industrial explosives and specifies the profile, sequence, procedure for licensing the transport of industrial explosives.

Article 36. The certification agency, license 1. The specialized administration of industrial explosives of the Ministry of industry and trade levels, adjust, revoke the certificate of eligible production, business license of industrial explosives, export licence, import industrial explosives, explosive precursors and permit blasting services; levels, adjust, revoked the license of industrial explosive materials used for the Organization's State enterprises hold shares dominated by central ministries or Total investment companies and business capital of State representing the owners of capital, the oil and gas industries, enterprises of foreign investment , training agencies, training, scientific research.

2. the people's committees of provinces and cities under central organizations make the level, adjust, revoked the license of use of industrial explosives for the rest of the Organization, in the scope of management of the licensing and use of industrial explosives for businesses stipulated in paragraph 1 of this article have been equitized state that does not hold the shares more details merge, when the license to use the explosives industry by Industry level before it has expired.

3. The Ministry of public security regulations the agency level, regulate, revoked the license of industrial explosives transport.

4. The Defense Supply Agency regulations, adjustments, revoke the licence to use explosives for industrial enterprises under the Ministry of Defense.

Article 37. Again, adjustments, recovery of the certificate, license 1. A month before the expiry of the permit, the organization needs to continue the operation of industrial explosives must make application to the competent authority specified in article 36 of this Decree.

The case of industrial explosives operations do not change in location, scale, operational conditions, the competent authority specified in article 36 of this decree granted leave of license; validity period of the license not longer than the time limit granted the first new license evaluation fee, half the cost evaluation of new license license.

2. in case the Organization of industrial explosives operations have changed about the business register, the venues, the scale or the conditions of the activity, the competent authority specified in article 36 of this Decree the level adjustment of the certificate, license. Profile, sequence, procedure for granting adjusted as recommended procedure to renew the certificate, license.

3. Organization of the certificate, the licence is damaged or lost must grant proposals back to the competent authority specified in article 36 of this Decree. After 3 (three) times the notice within a period of 1 (one) week on the website (Website) of the licensing authority, competent authority granted the license, certificate again if no evidence was found of licenses, certificates have been lost; the content, time limit permits granted does not change, the certificate, the licence granted must have rules to cancel the effect of lost license.

4. The organization revoked certificate, the licence in the following cases: a) fake profile license proposal;

b) no longer meet or not done properly the conditions stipulated by the license, certificate;

c) violation in certificates, licenses that do not fix within the time limit specified by the competent authority;

d) rent, lend, license certificate; arbitrarily modify the content license, certificate;

DD) serious breach of the provisions of this Decree and the regulations of the standard, safety technical regulation in industrial explosives operations;

e) to terminate the operation of industrial explosives, g) certificate, license granted vires.

The competent licensing authority to perform certificate revocation of licenses granted. The Organization revoked certificates, licenses are responsible to submit the certificates, permits and certificates, copy an existing license to the licensing authority within 7 (seven) days from the date the revocation decision.

Article 38. Publish and provide information about the certificate, license 1. The certification authority, the licence is responsible for publication on the website (Website) the necessary information about the content of the certificate, the licence was granted, unless the information related to security, secret defense according to law provisions. The information was announced to have legal value as the original information in the profile stored in the certification agency, licenses.

2. The agencies have related management functions not required organisations has been issued a certificate, the licence shall report, notice or provided the information published in accordance with paragraph 1 of this article.

Article 39. Manage and register the certificate, license 1. Certificates, licences have no value assignment.

2. The certificate, the licence must be kept at the registered office of the Foundation is level.

3. Slowly for 3 (three) days before the start of operation use the explosives industry, licensed organization must register with the Department of industry and trade of the province, central cities, where the conduct of operations using explosives industry: a) registration documents include a copy of the license of use command list, blasting and people directly involved, or scheme design of blasting, the time, the time of the conduct;

b) within a period of 3 (three) days from the receipt of the record, the Department of industry and trade of the province, central cities are responsible for the registration confirmation to the registration proposal. The case does not confirm to have written notice stating the reasons;

c) Organization, the individual proposed registration fees as prescribed by the Ministry of finance;

d) Industry specific regulations registration confirmation form.

Chapter IV ADMINISTRATION of INDUSTRIAL EXPLOSIVE MATERIALS Article 40. Responsible for managing the State of industrial explosives operations 1. The unified Government in State management of industrial explosives operations within the country.

2. Industry Government responsible to implement state management of industrial explosives operations.

Article 41. Responsible for managing the State of industrial explosives of the Ministry of industry and Trade Industry within the scope of its powers, duties to perform the State management content of industrial explosives operations: 1. Issued under the authority or coordinated with the Department of Defense The Ministry of public security and the Ministry concerned the Government issued legal documents, strategies, planning, industry development plan of industrial explosives, explosive precursors.

2. Build, modify and publish the list of industrial explosives Vietnam. Providing, to adjust, to revoke the licence of operation of industrial explosives, explosive precursors.

3. Guide the implementation of the legal provisions in the operation of industrial explosives, explosive precursors; Specifies conditions of people directly related to the activities of industrial explosives, safety engineering training; standard regulations, safety technical regulation regarding explosives industry, quality standards, packaging, labeling and disclosure procedures for conformity of archive records of industrial explosives and the incident response.

4. Hosted, in cooperation with the Ministry of public security, the Ministry of defence and the Ministry of industry-related organizations, examine the implementation of the provisions of the law of industrial explosives operations, check the plan for prevention, preparedness issues in industrial explosives operations; in cooperation with the authorities in preventing, responding to, fix the problem.

5. General statistics, the implementation of industrial explosives operations within the country.

6. international cooperation in the implementation of activities of industrial explosives;

7. Inspection of industrial explosives operations; complaints, accusations related to the operation of industrial explosives;

Article 42. The responsibility of the Ministry of public security 1. Inspecting, granting eligibility confirmation of security, fire safety, fire for the active organization of industrial explosives before the competent authority licensing, certificates of qualified industrial explosives operations check, license the transport of industrial explosives , explosive precursors.

2. Coordination with the Ministry of industry and trade to check the implementation of the provisions on security, fire, the fire of the Organization, individuals involved in the operation of industrial explosives.

3. Hosted, in cooperation with the Ministry of industry and trade, the Ministry of Defense regulations on industrial explosives transport security, fire safety, fire.

43 things. The responsibility of the Ministry of defence 1. In collaboration with the Ministry of industry and trade strategy, planning, plan, project developer of industrial explosives industry process of approval by the Prime Minister.

2. Inspect, license the use of industrial explosives for defense businesses, military orders do economics. In collaboration with the Ministry of industry and trade to check the implementation of the legal provisions in the operation of industrial explosives.

3. In coordination with the Ministry of industry and trade, the Ministry of public security regulations on the transport of industrial explosives ensure security, fire safety, fire.

Article 44. Responsible for the management of the Ministry, ministerial bodies directly related to the activities of industrial explosives


Ministries, ministerial agencies, government agencies within their task made responsible for coordinating with the Ministry of industry and trade to make state management of industrial explosives operations.

Article 45. Responsible for managing the State of industrial explosives operations of the people's Committee of the level 1. The people's Committee in the scope of his authority, mission management, inspection, inspection, complaints, accusations, sanctioning administrative violations of industrial explosives operations locally according to the hierarchy of the Government, the provisions of this Decree and the provisions of relevant laws.

Issued regulations on industrial explosives, explosive precursors in accordance with legal provisions and the local situation. Local deployment organization dealing in industrial explosives incidents on road transportation and in the preservation area, unloading explosives industry.

2. The Department of industry and commerce as focal professional bodies to help the Commission implement active management of industrial explosives.

Article 46. Inspection of industrial explosives operations 1. Industry, ministries, ministerial agencies concerned and the people's Committee of the inspection mission level about the operation of industrial explosives in the range is assigned management, hierarchy.

2. The organization, duties and powers of inspectors on the explosives industry made under the provisions of the law on the Ombudsman.

Article 47. Handle violation 1. The Organization, individuals are violations of the provisions of this Decree and the other provisions of the relevant legislation on industrial explosives operations, depending on the level of violation will be punished, the administrative sanctions as stipulated in Decree No. 64/2005/ND-CP dated 16 May 2005 of the Government regulation on sanctioning administrative violations in the field of management of industrial explosives or prejudice criminal liability, the case of damage are compensated according to the provisions of the law.

2. Individual advantage of the prerogatives, powers, difficult, troublesome for the organization or individual operating industrial explosives; cover for people violating the law on explosives, industrial activity or lack of responsibility to occur serious consequences then depending on the nature and extent of the violation being disciplined or suffer prejudice criminal liability; If the damage is compensated according to the provisions of the law.

Chapter V ENFORCEMENT PROVISIONS Article 48. Effective enforcement of this Decree in effect enforced since 22 June 2009.

This Decree replaces Decree No. 27/CP dated 20 April 1995 from the Government on the management, production, supply and use of industrial explosives; Replace article 9 of Decree 47/CP dated 12 August 1996 from the Government on the management of weapons, explosives and supportive tools; replace chapter IV management regulation weapons, explosives and supportive tools attached to the Decree 47/CP on August 12, 1996. Annul paragraph 3 of the list of goods and services trading restrictions (annex II) are attached to the Decree No. 56/2006/ND-CP dated 12 June 2006 from the Government detailing the implementation of the law on trade in goods, services and business, prohibition of business restrictions and conditional business; repeal the provisions contrary to this Decree.

Article 49. Transitional provisions 1. Certificates, licenses issued to organizations, individual industrial explosives operations under the provisions of the law before the date of the Decree has effect are continuing to follow the time limits specified in the certificate, license.

2. organizations and individuals who are active in industrial explosives to build preventive plan to deal the issue under the provisions of this Decree within a period of 6 months from the date of this Decree takes effect.

Article 50. Implementation 1. Industry is responsible for coordination with the ministries concerned guiding the implementation of this Decree.

2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.

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