Circular No. 02/2005/TT-BCN guiding the management, production, business supply, and use of industrial explosives

CIRCULAR

Guidelines for managing, producing, trading, supplying, and using industrial explosives

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Pursuant to Decree No. 55/2003/NĐ-CP dated May 28, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry;

Pursuant to Decree No. 27/CP dated April 20, 1995 of the Government on the management of production, supply, and use of industrial explosives;

Pursuant to Decree No. 47/CP dated August 12, 1996 of the Government on the management of weapons, explosives, and auxiliary tools;

Pursuant to Decree No. 11/1999/NĐ-CP dated March 3, 1999 of the Government stipulating prohibited goods and services, restricted goods and services, and goods and services subject to conditions for business;

After reaching consensus with the Ministry of Public Security and the Ministry of National Defense, the Ministry of Industry hereby provides guidelines for managing production, trading, supplying, and use of industrial explosives as follows:

A. GENERAL PROVISIONS

I. SCOPE OF REGULATION AND APPLICABLE OBJECTS

1. These Circular guides the management, production, trading, supplying, and use of industrial explosives (hereinafter referred to as IE) in the Socialist Republic of Vietnam.

2. These Circular applies to organizations and individuals managing, producing, trading, supplying, and using IE or engaging in activities related to IE.

II. DEFINITIONS

In this Circular, the following terms are understood as follows:

1. "Industrial Explosivesincluding explosives and explosive accessories used in industry, scientific research, and other civilian purposes.

a. "Explosives" are special chemicals or mixtures of special chemicals that, when subjected to mechanical, chemical, electrical, or thermal stimuli reaching a certain quantity and under specific conditions, will cause a chemical reaction transforming them into explosive energy and destroying the surrounding environment.

b. "Explosive Accessories" include slow-burning fuses, detonating cords, blasting caps, igniters, blasting agents, pellets, relays, specialized ammunition, and other explosive accessories.

c. Explosives and explosive accessories self-manufactured or manufactured from propellants, unprocessed and untested explosives recovered from bombs, shells, mines, which have not been processed and quality-checked, and not yet approved for use by competent state authorities; chemicals and semi-finished products intended to be processed into explosives but which themselves do not cause fire or explosion during production, transportation, and storage separately shall not be considered as IE.

2. "Trading and Supplying IE" refers to the activities of purchasing, selling, exporting, importing, transporting, and storing IE.

3. "Producing IE" refers to the manufacturing of explosives and explosive accessories, including the research and trial production of IE.

4. "Using IE" refers to the use of IE in exploration, mining, construction, basic surveys, scientific research, and other fields according to established procedures.

5. "Storing IE" refers to the activity of keeping IE in warehouses or during transportation to usage sites according to specific regulations to ensure the integrity of the quality and quantity of IE and prevent fires or explosions.

6. "Research and Trial Production of IE" refers to the activity of manufacturing new IE products. Research and trial production may include the entire process of creating a product or some steps of the process such as determining the composition, technical characteristics of IE, technological processes, and production equipment chains.

7. "Testing IE" refers to the activity of detonating IE to determine their technical characteristics and usage conditions.

8. "Blasting Services" refers to the activity of blasting conducted by entities with the function of carrying out blasting operations to fulfill contracts with parties requiring blasting for permitted purposes.

9. "Blasting Commander" is the person responsible for organizing and directly commanding units to carry out blasting operations according to approved blasting designs or plans, supervising and ensuring compliance with all technical and safety regulations during the blasting process.

B. STATE MANAGEMENT OF INDUSTRIAL EXPLOSIVES

I. THE FIELD OF IE IS A STATE MONOPOLY. THE MINISTRY OF INDUSTRY PERFORMS THE FUNCTION OF STATE MANAGEMENT OF IE INCLUDING THE FOLLOWING CONTENTS:

1. Organizing the development of strategies, overall planning, five-year plans for the development of IE nationwide, submitting to the Prime Minister for approval.

2. Leading and coordinating with relevant ministries and sectors in drafting, promulgating, or submitting to competent authorities for promulgation of regulatory legal documents on IE.

3. Annually publishing the list of IE permitted for import and use domestically. Annually issuing decisions to supplement new types of IE into the list of permitted IE for production and use, including products after research and trial production or newly imported types of IE that have been evaluated, concluded, and approved for production and use by the Science and Technology Council organized by the Ministry of Industry.

4. Leading and coordinating with relevant ministries and sectors in organizing the review of export and import quotas for IE and raw materials for IE production.

5. Guiding safety practices in the production, trading, supplying, use, and research and trial production of IE. Establishing and guiding quality standards for IE, registering and controlling the quality of IE.

6. Appraising investment projects for the development of IE regardless of funding sources and scale, to submit to the Prime Minister for approval.

7. Coordinating with the Ministry of Finance to determine unit prices for IE products and prescribe fees for IE trading licenses (hereinafter referred to as IE trading licenses) and IE use licenses.

8. Leading and coordinating with the Ministry of Public Security and the Ministry of National Defense in inspecting IE production, trading, supplying, and use facilities.

9. Leading and coordinating with relevant ministries and sectors in organizing the appraisal of files for issuing, reissuing, and revoking IE trading licenses and IE use licenses for organizations specified in point a, clause 1, section IV, part D and point a, clause 2, section III, part E of this Circular..

10. Regularly summarizing the work of IE management nationwide. Reporting to the Government and the Prime Minister on the work of state management and the development situation of the IE sector as prescribed.

II. THE PROVINCE INDUSTRY DEPARTMENT, DIRECTLY UNDER THE CENTRAL GOVERNMENT (HEREINAFTER REFERRED TO AS PROVINCE) IS THE POINT OF CONTACT ASSISTING THE PEOPLE'S COMMITTEE IN PERFORMING THE FUNCTION OF STATE MANAGEMENT OF IE WITHIN THEIR TERRITORIES, WITH THE TASKS:

1. Leading and coordinating with functional agencies in conducting inspections, supervision, and handling violations in the management, trading, supplying, and use of IE within the province according to legal provisions.

2. Receive applications, take the lead and coordinate with relevant agencies to conduct an assessment for the provincial People's Committee to issue new, reissue, or revoke permits for the use of industrial explosives for units specified in point b, Clause 2, Section III, Part E of this Circular, and reissue permits for the use of industrial explosives for enterprises that have been equitized from state-owned enterprises where the State does not retain controlling shares when the previous permits issued by the Ministry of Industry have expired.

3. Implement registration for the use of industrial explosives for units holding permits for the use of industrial explosives issued by competent authorities as specified in points a, b, and c, Clause 2, Section III, Part E of this Circular, operating within the province according to the provisions of point a, Clause 5, Section III, Part E of this Circular.

4. Prepare reports on a six-monthly and annual basis and submit them to the Ministry of Industry regarding the management, trading, supply, and use of industrial explosives within the province according to the model prescribed in Appendix 4 of this Circular. and Submit to the Ministry of Industry before June 30 for the six-month report and before December 31 for the annual report.

III. THE NATIONAL DEFENSE INDUSTRY GENERAL DEPARTMENT IS THE POINT OF CONTACT TO ASSIST THE MINISTRY OF NATIONAL DEFENSE IN PERFORMING MANAGEMENT FUNCTIONS FOR INDUSTRIAL EXPLOSIVES FOR UNITS UNDER THE MINISTRY OF NATIONAL DEFENSE AND HAS RESPONSIBILITIES.:

1. Take the lead and coordinate with functional agencies to carry out inspection, supervision, and handling of violations of laws related to the management, production, trading, supply, and use of industrial explosives by military units engaged in economic activities according to the provisions of the law.

2. Receive applications and conduct assessments to issue new, reissue, or revoke permits for the use of industrial explosives for units specified in point c, Clause 2, Section III, Part E of this Circular.

3. Prepare reports on a six-monthly and annual basis regarding the management, production, trading, supply, and use of industrial explosives by units under the Ministry of National Defense according to the model prescribed in Appendix 4 of this Circular and submit them to the Ministry of Industry before June 30 for the six-month report and before December 31 for the annual report to compile reports for the Prime Minister.

C. PRODUCTION OF INDUSTRIAL EXPLOSIVES

I. REQUIREMENTS FOR ENTERPRISES PRODUCING INDUSTRIAL EXPLOSIVES:

1. Subject Requirements

a) Be a state-owned enterprise assigned the task of producing industrial explosives by the Prime Minister based on the proposal of the Ministry of Industry. If it is a military unit engaged in economic activities under the Ministry of National Defense, it must be proposed by both the Ministry of National Defense and the Ministry of Industry.

b) Meet security and public order conditions as stipulated in Decree No. 08/2001/ND-CP dated February 22, 2001 of the Government on Conditions for Security and Public Order for Certain Business Sectors and Circular No. 02/2001/TT-BCA dated May 4, 2001 of the Ministry of Public Security guiding the implementation of this Decree.

c) Register product models, specifications, quality standards for each type of product and bear responsibility for product quality during their shelf life according to current laws on product quality.

2. Material and Technical Requirements

a) Factories, workshops, technology, and equipment must be suitable for producing corresponding industrial explosive products, meeting safety production, storage, transportation, and usage requirements, as well as current regulations and standards related to transport vehicles, specialized equipment, protective devices, fire prevention and explosion protection equipment, lightning and stray current protection..

b) Workshops, raw material warehouses, finished goods warehouses must be designed, constructed, inspected, handed over, and put into operation according to current laws on investment and construction by the state and production, testing, and acceptance requirements for industrial explosives as stipulated in TCVN 6174-1997 and TCVN 4586-1997.

c) Have sufficient measuring instruments and equipment that meet standards to monitor technical parameters of raw materials and finished products during production. For research and trial units, they must have a test field that ensures safety according to current regulations.

3. Professional and Vocational Requirements

a) The director of an industrial explosives production unit must hold a bachelor's degree in one of the following majors: chemical engineering, mining, weapons and ammunition, pyrotechnic technology, explosives, economics. The deputy director for technology must hold a bachelor's degree in one of the following majors: chemical engineering, mining, weapons and ammunition, pyrotechnic technology, explosives.

b) Workers involved in industrial explosives, such as direct production workers, laboratory technicians, warehouse staff, managers, storage personnel, security guards, equipment operators, loaders, transporters, and other workers, in addition to being trained and having specific vocational certificates, must also have a certificate of training in relevant safety technology as stipulated in TCVN 4586-1997 issued by the competent authority according to current regulations.

c) Foreign experts working in industrial explosives production units must enter the country legally, have the appropriate professional and vocational qualifications for the responsibilities assigned, and meet other conditions as stipulated by law.

4. Health Requirements

Leaders and workers of industrial explosives production units must meet health requirements currently stipulated for specific industries and professions.

5. Environmental Protection and Fire Prevention Requirements

a) Have plans for maintaining security and public order.

b) Have plans and equipment to ensure fire prevention and explosion protection according to current regulations.

c) Have measures and equipment to ensure workplace safety and hygiene and technological solutions for waste treatment and environmental protection.

II. MANAGEMENT OF INDUSTRIAL EXPLOSIVES PRODUCTION

1. Units assigned the task of producing industrial explosives by the Prime Minister, when investing in new facilities or upgrading, expanding production lines, must prepare projects for review and approval by the Ministry of Industry.

2. After completing the project, before commencing production, the Ministry of Industry will take the lead and coordinate with relevant ministries and sectors to organize inspections and evaluations to establish records confirming that the unit meets all the requirements stipulated in Section I of this part.

3. In cases where the unit does not meet the stipulated requirements, The inspection team's minutes must clearly record the missing contents, specify the time for supplementation and correction. After the specified period, the team will conduct another inspection and evaluation to confirm that the unit meets the production conditions for industrial explosives.

D. BUSINESS OF SUPPLYING INDUSTRIAL EXPLOSIVES MATERIALS

I. CONDITIONS FOR BUSINESS OF SUPPLYING INDUSTRIAL EXPLOSIVES MATERIALS:

1. Subject Requirements

a) Must be a state-owned enterprise assigned by the Prime Minister to engage in the business of supplying industrial explosives materials upon the proposal of the Ministry of Industry. If it is a military unit under the Ministry of Defense engaged in economic activities, it must be proposed by both the Ministry of Defense and the Ministry of Industry.

b) Meet security and public order conditions as stipulated in Decree No. 08/2001/ND-CP dated February 22, 2001 of the Government on Conditions for Security and Public Order for Certain Business Sectors and Circular No. 02/2001/TT-BCA dated May 4, 2001 of the Ministry of Public Security guiding the implementation of this Decree.

2. Material and Technical Requirements

a) Must have sufficient technical facilities corresponding to the mission, scale of business, meeting the requirements of regulations on safety management for storage, transportation, and use of explosive materials, as well as the provisions regarding warehouses, transportation means, specialized equipment, protective devices, fire prevention and explosion protection equipment, lightning and stray current protection..

b) The locations of the explosive material warehouses must be approved by competent state authorities.

c) Warehouses, ports, and other related constructions must be designed, constructed, inspected, handed over, and put into operation in accordance with the current laws on investment and construction, and the requirements for production, testing, and acceptance of explosive materials as stipulated in TCVN 6174-1997 and TCVN 4586-1997.

d) Fixed loading and unloading sites for explosive materials must meet safety and fire/explosion prevention requirements and be permitted by the People's Committee of the province. In cases where the loading and unloading site is a port not under local management, it must also be approved by the competent authority for transport management. If the loading and unloading site is within a construction site or mining area, it shall be considered a blasting area, thus the enterprise must obtain consent from the provincial public security agency and notify the provincial labor inspectorate of the blasting activity.

đ) Specialized transportation means and handling equipment as prescribed in Article 31, Chapter IV of the Regulation on Management of Weapons, Explosive Materials, and Auxiliary Tools issued together with Decree 47/CP dated August 12, 1996 of the Government, including various types of trucks for transportation, trucks for transporting and mixing explosives (mobile production vehicles), tractor units and barges, ships, lifting equipment, and other means and equipment must be equipped with specialized fire and explosion prevention devices.

Transportation means must be granted a permit for circulation by competent authorities and a permit for transporting explosive materials by the Fire Prevention and Fighting Police Department under the provincial public security agency or higher.

e) Enterprises permitted to engage in the business of supplying explosive materials may self-transport or hire transportation means from other enterprises via road, waterway, railway, or air. These transportation means must fully comply with the technical and safety requirements of regulations on safety management for storage, transportation, and use of explosive materials and other relevant provisions.

The consignor and owner of the transportation means bear full responsibility for ensuring the safety conditions of the means and the storage of explosive materials throughout the transportation process.

3. Professional and Vocational Requirements

a) Leaders and staff members of the enterprise must be Vietnamese citizens aged 18 or older, possessing professional qualifications suitable for their responsibilities.

b) Leaders at all levels of the enterprise (Company, Factory, Branch, Representative Office) must undergo training on managing the business of supplying explosive materials, regulations on safety management for storage, transportation, and use of explosive materials, and obtain certification according to current regulations.

c) For company leaders:

- The General Director must hold at least a bachelor's degree in fields such as mining, chemicals, weapons and ammunition, pyrotechnic technology, explosives, or economics.

- The Deputy General Director for Technology, Head of the Technical Department, and specialized technical safety officers must hold a bachelor's degree in fields such as mining, chemicals, weapons and ammunition, pyrotechnic technology, or explosives.

d) For factory, branch, and representative office leaders under the company:

- The General Director must hold a diploma or higher and have at least five years of work experience in the field of supplying explosive materials.

- The Deputy General Director for Technology, Head of the Technical Department, and specialized technical safety officers must hold a bachelor's degree in fields such as mining, chemicals, weapons and ammunition, pyrotechnic technology, or explosives.

đ) Workers who handle explosive materials such as warehouse managers, management staff, storage and security personnel, ship captains, operators of transportation and handling equipment, loaders, escorts, testers, suppliers, and other workers, in addition to specific vocational certificates, must have:

- A certificate of completion of technical safety training for explosive materials as stipulated in TCVN 4586-1997, issued by the competent authority according to current regulations.

- A certificate of completion of fire prevention and explosion prevention training issued by the Fire Prevention and Fighting Police Department under the provincial public security agency or the Fire Prevention and Fighting Police Bureau.

e) Leaders, managers, and employees working in enterprises supplying explosive materials under the Ministry of Defense must be trained and certified by the Ministry of Defense according to the provisions of points c, d, and đ of this clause.

4. Health Requirements

Leaders and workers in units engaged in the business of supplying explosive materials must meet health requirements as stipulated for each specific profession.

5. Environmental Protection and Fire Prevention Requirements

a) Have plans for maintaining security and public order.

b) Have plans and equipment to ensure fire prevention and explosion protection according to current regulations.

c) Have measures and equipment to ensure workplace safety and hygiene and technological solutions for waste treatment and environmental protection.

II. MANAGEMENT OF THE BUSINESS OF SUPPLYING EXPLOSIVE MATERIALS

1. An enterprise engaged in the business of supplying explosive materials can only establish subordinate units such as factories, branches, and representative offices after obtaining permission from the Ministry of Industry. Documents deciding the establishment of these units must be copied and sent to the Ministry of Industry and the Ministry of Public Security for monitoring and management.

2. An enterprise engaged in the business of supplying explosive materials is only allowed to sell explosive materials to units holding permits to use explosive materials. The process of purchasing and selling explosive materials must be carried out in accordance with the laws on contract signing and implementation.

3. Enterprises engaged in supplying NC materials must prepare plans for supply, export, import, and national reserve plans for NC materials to be submitted to the Ministry of Industry before August 20 each year for consolidation and submission to the Prime Minister for decision. In case of changes or adjustments to the plan, enterprises must submit supplementary documents to the Ministry of Industry.

4. Enterprises engaged in supplying NC materials must ensure adequate and stable supply in quantity, correct type, and quality according to signed contracts, and must register with the Ministry of Finance regarding the selling price of NC materials at the place of shipment during each period.

5. Enterprises engaged in supplying NC materials must have complete accounting records, retain original documents, warehouse cards, inbound and outbound inventory slips, business invoices, and comprehensive statistics on all purchasing, sales, export, import, stock, and destruction activities of NC materials. The aforementioned books and documents must be preserved and stored in accordance with current regulations.

6. Quarterly, every six months, nine months, and annually, enterprises engaged in supplying NC materials must prepare statistical reports on their business operations, exports, imports, and stock levels of NC materials to be submitted to the Ministry of Industry, the Ministry of Planning and Investment, the Ministry of Trade, and the Ministry of Public Security for monitoring and management.

7. For military units under the Ministry of Defense engaged in economic activities, plans and reports as stipulated in Clause 3 and Clause 6 must be submitted to the General Department of National Defense Industry for consolidation and reporting to the Ministry of Industry as prescribed.

III. EXPORT AND IMPORT OF NC MATERIALS

1. Annually, the Ministry of Industry shall take the lead and coordinate with the Ministry of Planning and Investment, the Ministry of Defense, the Ministry of Public Security, and the Ministry of Trade to review proposals from enterprises engaged in supplying NC materials to decide on export and import quotas. Based on the Decision of the Minister of Industry, the Ministry of Trade will handle the procedures for exporting and importing NC materials.

2. Enterprises permitted to engage in supplying NC materials who wish to export or import NC materials must submit documents clearly stating customer requirements, contracts with production plants, and units using NC materials, along with requests for permission to export or import, to the Ministry of Industry before August 20 each year simultaneously with the next year's business supply plan. Exporting and importing NC materials must comply strictly with legal provisions on export and import.

3. Importation of types of NC materials that domestic enterprises have already produced or processed and been recognized by the Ministry of Industry as meeting quality and safety standards is not allowed.

4. NC materials or raw materials for producing NC materials that are permitted to be imported include:

a) Raw materials, chemicals, or single-component explosives for processing and manufacturing various types of NC materials domestically such as TNT, pure nitrate ammonium granules, crystals, and powder specifically for explosive production, and chemicals for producing explosive accessories.

b) NC materials that have not yet been produced or processed domestically and are essential for production and construction such as high-energy explosives with strong blasting power, NC materials used for oil exploration and extraction...

5. Enterprises engaged in supplying NC materials may only import pure nitrate ammonium (98.5 - 99.5%) within approved quotas or directly from nitrate ammonium production plants. It is strictly prohibited to purchase pure nitrate ammonium from organizations or individuals without permission to supply.

6. Enterprises permitted to export and import NC materials must report periodically quarterly, every six months, nine months, and annually on the results of implementation regarding quantities, types, and values of exported and imported NC materials according to specified forms and send them to the Ministry of Industry, the Ministry of Planning and Investment, the Ministry of Trade, and the Ministry of Public Security for monitoring and management.

IV. PROCEDURES FOR ISSUING BUSINESS LICENSES FOR NC MATERIALS

1. Documents: Enterprises engaged in supplying NC materials must submit applications for business licenses for NC materials to the competent authority as prescribed in point a, clause 2, section of this item. The application package includes:

a) Application form for issuing a business license for NC materials. If it is a military unit engaged in economic activities, it must be accompanied by a request from the General Department of National Defense Industry.

b) "Certificate of Compliance with Security and Order Conditions" issued by the police authority according to Decree No. 08/2001/NĐ-CP dated February 22, 2001 of the Government on conditions of security and order for certain business sectors and Circular No. 02/2001/TT-BCA dated May 4, 2001 of the Ministry of Public Security guiding the implementation of this Decree.

c) A certified copy of the Decision or business license for establishment issued by the competent authority. List and addresses of affiliated units (Factories, Branches, Representative Offices...).

d) A certified copy of the Business Registration Certificate.

đ) Documents proving compliance with business conditions for restricted trade goods and services of the enterprise, including:

- A list of all relevant leaders, managers, workers directly involved in production, storage, transportation, and supply of NC materials.

- Files of the Director, Deputy Director, Heads of Departments, and technical safety officers of the enterprise and its affiliates, including:

+ Personal history statement;

+ Graduation certificate;

+ Certificate of completion of training and examination on management, supply, and business of NC materials and Safety Regulations on storage, transportation, and use of NC materials.

- Inventory of warehouses, ports, factories of each business facility, and confirmation documents for putting facilities into operation.

- List of specialized transport vehicles and a certified copy of the Operating Permit.

- Environmental management and fire prevention plans approved or agreed upon by the competent authority.

- Certificate of approval for operation issued by the State Agency for Standards, Quality Measurement for testing facilities of NC materials (if applicable).

2. Review of Applications for Issuing Business Licenses for NC Materials

a) The Industrial Safety Technology Bureau of the Ministry of Industry is the agency responsible for receiving applications for business licenses for NC materials as stipulated in clause 1 of this section.

b) Within fifteen days from the date of receipt of complete and valid applications, the Industrial Safety Technology Bureau shall lead and coordinate with relevant agencies to examine and review the applications, and submit to the Minister of Industry for issuance of business licenses for NC materials to those enterprises that meet the required conditions. In Section I of this Part. In cases where a business license is not granted, a written response must be provided to the requesting entity, clearly stating the reasons.

3. Term for Issuing Business Licenses for Explosive Materials

a) The term of a business license for explosive materials is five years.

b) Thirty days before the expiration of a business license for explosive materials, the entity requiring renewal must prepare and submit an application file to the competent authority, including:

- An application for renewal of the business license for explosive materials. If it is a military enterprise, it must also include a request from the General Department of Defense Industry.

- The documents specified in Clause 1 of this Section, the current business license, and any additional or modified documents (if applicable).

4. Entities applying for a business license for explosive materials must pay a fee according to the current regulations of the law.

E. USE OF EXPLOSIVE MATERIALS

I. CONDITIONS FOR USING EXPLOSIVE MATERIALS:

1. Subject Requirements

a) Being an organization using explosive materials for production purposes, blasting services, training, instruction, scientific research, and testing.

b) Having a certificate confirming compliance with security and public order conditions as stipulated in Decree No. 08/2001/NĐ-CP dated February 22, 2001 of the Government on conditions of security and public order for certain business sectors with specific requirements and Circular No. 02/2001/TT-BCA dated May 4, 2001 of the Ministry of Public Security guiding the implementation of the Decree.

2. Material and Technical Requirements

Having storage facilities, blasting equipment, and transportation means for explosive materials that comply with the provisions of Technical Regulation TCVN 4586-1997. In cases where the user entity does not have its own storage facility or transportation means, it must enter into a contract to lease these from entities already authorized to perform such tasks.

3. Professional and Vocational Requirements

a) Leaders and employees of entities using explosive materials and related work must be trained and instructed in specialized knowledge and skills commensurate with their responsibilities.

b) The blasting supervisor appointed by the head of the entity using explosive materials must meet the following criteria:

- Graduated from a college level or higher in one of the fields: mining extraction, chemical engineering, military engineering officer, weapons ammunition, propellant technology, explosives, and having at least two years of work experience in fields using or related to explosive materials for bachelor's degree holders, and three years for technical college graduates.

- For those who graduated from a college level or higher in non-explosive material-related technical fields and wish to be appointed as a blasting supervisor, they must study to master blasting techniques, have at least three years of work experience in fields using or related to explosive materials for bachelor's degree holders, four years for technical college graduates, and be trained and assessed on safety techniques by the Provincial Industry Department in collaboration with relevant training institutions in the field of explosive materials, and obtain a certification. The training content is detailed in Appendix C of Technical Regulation TCVN 4586-1997.

- For collective economic units operating under the Law on Cooperatives, it is permissible to appoint a blasting supervisor who has been trained in vocational schools, holds a blaster certificate, and has at least five years of work experience in blasting operations, and has been trained and assessed on safety techniques by the Provincial Industry Department in collaboration with relevant training institutions in the field of explosive materials, and obtained a certification. The training content is detailed in Appendix C of Technical Regulation TCVN 4586-1997.

c) Blasters or workers engaged in activities related to explosive materials such as transportation, loading and unloading, controlling transport vehicles, escorting, guarding, warehouse management, and supporting mine construction sites, in addition to being trained and holding appropriate professional certificates, must also be trained and assessed on safety techniques by the Provincial Industry Department in collaboration with relevant training institutions in the field of explosive materials, and obtain a certification. The training content is detailed in Appendix C of Technical Regulation TCVN 4586-1997.

Blasters or workers engaged in activities related to explosive materials in military economic units under the Ministry of National Defense shall be trained and certified by the training system for explosive materials within the military.

4. Health Requirements

Leaders and employees of entities using explosive materials must meet health requirements as stipulated for each specific profession.

5. Environmental Protection and Fire Prevention Requirements

a) Have plans for maintaining security and public order.

b) Have plans and equipment to ensure fire prevention and explosion protection according to current regulations.

c) Have measures and equipment to ensure workplace safety and hygiene and technological solutions for waste treatment and environmental protection.

II. CONDITIONS FOR PROVIDING BLASTING SERVICES

Blasting services can only be conducted by entities with the function of providing blasting services under the following conditions:

1. Entities providing blasting services must satisfy the conditions set forth in Section I of this Part.

2. Entities providing blasting services must register to operate the blasting service business and obtain a Permit to Use Explosive Materials from the Ministry of Industry.

III. PROCEDURES FOR ISSUING PERMITS TO USE EXPLOSIVE MATERIALS

1. Documents: Entities requiring the use of explosive materials must submit an application file for a permit to use explosive materials to the competent authority as specified in Points a, b, c of Clause 2 of this Section. The application file includes:

a) An application for a permit to use explosive materials signed by the head of the entity;

b) A certificate confirming compliance with security and public order conditions as stipulated in Decree No. 08/2001/NĐ-CP dated February 22, 2001 of the Government on conditions of security and public order for certain business sectors with specific requirements and Circular No. 02/2001/TT-BCA dated May 4, 2001 of the Ministry of Public Security guiding the implementation of the Decree;

c) A valid copy of the decision establishing the entity and registration for business. If it is a foreign-invested enterprise, it must also provide an investment permit;

d) A valid copy of the mineral exploitation permit for entities engaged in mineral activities; oil exploration and exploitation permit for entities engaged in oil activities; decision on winning the bid for construction projects or contracts for undertaking construction projects, and authorization to implement construction project contracts. These documents must clearly state the need for explosive materials;

đ) Blasting design for industrial-scale mineral exploration and exploitation activities; blasting plan for residual mineral exploitation activities and other activities serving production, training, instruction, and scientific research purposes. The blasting design or plan must be approved by the entity's leadership.

In cases where blasting occurs in residential areas, historical and cultural sites, security and defense facilities, or other important national facilities within the impact range of blasting, the blasting design must be approved by the authority issuing the permit to use explosive materials.

e) Documentation for storage facilities, explosive devices, and transportation means for dangerous materials that comply with the provisions set forth in TCVN 4586-1997 (if the entity has its own storage facilities, explosive devices, and transportation means for dangerous materials);

g) Decision appointing the Explosive Device Commander issued by the Head of the Entity.

2. Review of Applications for Dangerous Material Usage Permits

a) The Department of Industrial Safety and Technology under the Ministry of Industry shall be responsible for receiving applications, leading the review process in collaboration with relevant departments to submit to the Minister of Industry for issuance of dangerous material usage permits for enterprises directly managed by central ministries and sectors, foreign-invested enterprises established pursuant to the Law on Foreign Investment, educational and training institutions, scientific research organizations, and service blasting units.

b) The Department of Industry at provincial level shall be responsible for receiving applications, conducting reviews to submit to the Chairman of the Provincial People's Committee for issuance of dangerous material usage permits for enterprises managed by the province, collective economic organizations, and private economic organizations.

c) The General Department of National Defense Industry shall be responsible for receiving applications and conducting reviews to issue dangerous material usage permits for military units engaged in economic activities under the Ministry of National Defense.

d) After issuing dangerous material usage permits, the Chairman of the Provincial People's Committee and the General Department of National Defense Industry must notify the Ministry of Industry in writing for consolidation and management.

đ) Within twenty days from the date of receipt of complete documentation, the competent authority specified in points a, b, and c of Clause 2 of this Section must conduct inspections and reviews. If the entity meets the conditions stipulated in Section I of this Part, a dangerous material usage permit (as per Form 1 attached to this Circular) will be issued. If the entity does not meet the conditions, the issuing authority must respond in writing to the entity requesting the permit, clearly stating the reasons for non-issuance.

e) Entities requiring blasting services but not performing them themselves, if they satisfy the conditions stipulated in points c and d of Clause 1 of this Section, have the right to enter into contracts for full blasting services with entities authorized to provide such services. The blasting service contract must specify the responsibilities of the blasting service provider regarding ensuring safety conditions, implementing the contents prescribed in Clause 5 of this Section, and all activities related to purchasing, transporting, storing, and using dangerous materials.

g) After hiring blasting services, entities are exempt from applying for dangerous material usage permits and security condition certificates, but they may not directly engage in any activities related to dangerous materials.

3. Duration of Dangerous Material Usage Permits

a) The duration of a dangerous material usage permit is as follows:

- For entities using dangerous materials for demolition, construction of water conservancy, transportation, building projects, and oil exploration, it depends on the construction period of the project, but not exceeding two years.

- For entities using dangerous materials for mineral extraction, it depends on the permitted operational period of the mine, but not exceeding five years.

b) Thirty days before the expiration of a dangerous material usage permit, entities requiring renewal must prepare and submit an application to the competent authority including:

- An application for renewal of a dangerous material usage permit.

- The documents specified in Clause 1 of this Section, the current business license, and any additional or modified documents (if applicable).

4. Entities applying for a dangerous material usage permit must pay a fee as prescribed by current laws.

5. Management of Dangerous Material Usage Permits

When using dangerous materials in localities, entities must:

a) Register their dangerous material usage permit, storage facilities, design, or blasting plans with the Provincial Department of Industry and the Provincial Public Security Office where the blasting activities will take place. The registration book for dangerous material usage permits shall follow Form 1e in Appendix 1 of this Circular;

b) Agree on fire prevention, firefighting, public order, and social safety conditions with the Provincial Public Security Office where the blasting activities will take place;

c) Notify the Labor Inspectorate of the province where the blasting activities will take place about the time, location, scale of the blasting, safe distances, and other safety conditions prior to the blasting;

d) Report to the Provincial Department of Industry where the blasting activities will take place before June 25 for semi-annual reports and before December 25 for annual reports on the quantity, type, quality of dangerous materials used in the area and related issues (as per the form prescribed in Appendix 3 of this Circular).

G. SANCTIONS FOR VIOLATIONS

1. Strictly prohibited are activities of production, research and testing, trading, supply, exchange, transfer, loan, borrowing, export, import, storage, transportation, and use of dangerous materials contrary to the provisions of Decree No. 27/CP dated April 20, 1995, Decree No. 47/CP dated August 12, 1996, and Decree No. 11/1999/NĐ-CP dated March 3, 1999 of the Government, the provisions of this Circular, and other legal regulations concerning dangerous materials.

2. Organizations and individuals will be subject to examination and sanctions if they commit violations of the following provisions:

a) Engaging in production, trading, supply, export, or import of dangerous materials without being assigned tasks by the Prime Minister;

b) Conducting purchase and sale of dangerous materials without a business license for dangerous materials;

c) Using dangerous materials without a dangerous material usage permit or when the permit has expired;

d) Conducting research and testing of dangerous materials without complying with legal regulations on scientific research management or without permission from relevant state management agencies and the Ministry of Industry;

đ) Producing, trading, supplying, or using dangerous materials when lacking the necessary conditions, causing accidents, injuries to people, damage to equipment, structures, and ecological environments;

e) Producing, trading, supplying dangerous material products that do not meet quality standards or do not conform to registered models and specifications;

g) Assigning staff, workers, or personnel involved in dangerous material-related work without corresponding qualifications for their positions;

h) Transporting dangerous materials on vehicles not approved by the competent authority;

i) Personnel responsible for managing, storing, protecting, escorting, controlling transport vehicles, conducting blasting operations, or engaging in dangerous material-related work failing to comply with regulations, resulting in loss, fires, explosions, and damage to people and property.

k) Organizations and individuals entrusted with the task of evaluating and determining the conditions for production lines, warehouses, transportation means, and technical equipment serving the production, supply, storage, transportation, and use of dangerous materials, who, while performing official duties, abuse their powers and positions causing delays, hindrances, and adverse consequences in production, business operations, storage, transportation, and use of dangerous materials;

l) Failure to implement statistical reporting systems for dangerous materials as prescribed by laws on statistics and this Circular;

H. IMPLEMENTATION PROVISIONS

1. The Ministry of Industry shall take the lead in coordinating with the Ministry of Public Security and relevant ministries and sectors to periodically and randomly inspect compliance with the provisions of this Circular by entities involved in dangerous materials activities. The Machinery, Metallurgy, and Chemicals Department, the Science and Technology Department, and the Industrial Safety and Technical Inspection Agency shall, based on their assigned functions and tasks, be responsible for monitoring and inspecting the implementation of current laws governing dangerous materials;

2. Provincial Industry Departments shall take the lead in coordinating with provincial functional agencies to manage and inspect the transportation, storage, and use of dangerous materials according to this Circular and relevant Vietnamese Technical Standards (TCVN) for dangerous materials within their jurisdictions;

3. The General Department of National Defense Industry shall organize management and inspection of units under the Ministry of National Defense related to dangerous materials as stipulated;

4. This Circular replaces Joint Circular No. 01/1998/TTLT-CN-NV dated January 13, 1999, issued by the then Ministry of Public Security and Ministry of Home Affairs (now the Ministry of Public Security), Circular No. 11/TT-CNCL dated March 13, 1996, and Circular No. 07/2000/TT-BCN dated December 19, 2000, issued by the Ministry of Industry, and shall take effect fifteen days after its publication in the Official Gazette. Any difficulties encountered during implementation should be reported to the Ministry of Industry for consideration and resolution./.