Circular No. 02/2008/TT-BCT guiding business conditions and issuance of Business License for High Concentration Ammonium Nitrate

CIRCULAR

||| MINISTRY OF INDUSTRY AND TRADE DECREE NO. 02/2008/TT-BCT OF FEBRUARY 19, 2008

||| GUIDELINES ON CONDITIONS FOR BUSINESS AND ISSUANCE OF BUSINESS LICENSES FOR HIGH-CONTENT NITRATE AMMONIUM

||| HIGH-CONTENT NITRATE AMMONIUM

Pursuant to Decree No. 189/2007/ND-CP dated December 27, 2007, issued by the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 59/2006/NĐ-CP dated June 12, 2006 of the Government detailing the Law on Trade regarding goods and services prohibited from business, restricted for business, and subject to conditions for business;

High-content nitrate ammonium is a good subject to restrictions on business. The Ministry of Industry and Trade hereby guides the conditions for business and issuance of business licenses for high-content nitrate ammonium as follows:

I. OBJECTS AND SCOPE OF APPLICATION

a) Cadres, civil servants, public officials, and workers as stipulated in Article 2 of Decree No. 178/2024/NĐ-CP dated December 31, 2024 (amended and supplemented by Decree No. 67/2025/NĐ-CP dated March 15, 2025) of the Government on policies and treatment for cadres, civil servants, public officials, workers, and armed forces personnel in the process of organizational restructuring of the political system, having a total mandatory social insurance contribution period of at least 15 years when working in heavy, hazardous, or dangerous jobs or extremely heavy, hazardous, or dangerous jobs listed by the agency under the Government responsible for labor administration, or working in areas with particularly difficult socio-economic conditions including time worked in places with regional allowances of coefficient 0.7 or higher before January 1, 2021, and reaching the retirement age as specified in Appendix II issued together with Decree No. 135/2020/NĐ-CP, ceasing work immediately due to direct impact from organizational restructuring and implementation of the two-level local government model;

These Circulars apply to enterprises engaged in the business of high-content nitrate ammonium with chemical formula NH₄NO₃ having a nitrate ammonium content of 98.5% or more by dry weight.

2. Scope of application

An enterprise with a business license for high-content nitrate ammonium may only sell to consumers who have a registration certificate for the use of high-content nitrate ammonium issued by competent state authorities.

Only enterprises with a business license for industrial explosives and a business license for high-content nitrate ammonium may sell high-content nitrate ammonium to enterprises producing industrial explosives.

II. CONDITIONS FOR BUSINESS AND ISSUANCE OF BUSINESS LICENSES

1. Conditions for business of high-content nitrate ammonium

Business activities involving high-content nitrate ammonium must meet the following conditions:

a) Quality of goods:

High-content nitrate ammonium put into business must comply with the State management regulations on product and commodity quality stipulated in Decree No. 179/2004/NĐ-CP dated October 21, 2004 of the Government and must be approved by the relevant State management agency to be put into business.

The inspection of high-content nitrate ammonium quality shall be carried out according to Decision No. 50/2006/QĐ-TTg dated March 7, 2006 of the Prime Minister on the list of products and commodities that must be inspected for quality.

b) Enterprise:

The enterprise must be established in accordance with the law, have a business registration certificate issued by competent state authorities, and be registered for tax code.

c) Registration for use of goods:

The enterprise must have a certificate of registration for the use of hazardous chemicals with special safety requirements specific to the industry (high-content nitrate ammonium) issued by the provincial management authority in accordance with the "Regulations on Safety Management for Machinery, Equipment, and Hazardous Chemicals with Special Safety Requirements Specific to the Industry" promulgated together with Decision No. 136/2004/QĐ-BCN dated November 19, 2004 of the Ministry of Industry.

d) Technical conditions, equipment, trading procedures, and other standards:

- Equipment, facilities, warehouses used in the business of high-content nitrate ammonium must meet the current regulations on safety, fire prevention, and environmental protection.

- There must be internal trading procedures for high-content nitrate ammonium implemented within the enterprise.

- At least three years of experience in the business of high-content nitrate ammonium.

- Management staff, technical staff, and direct sales personnel, as well as service personnel, must have indefinite-term labor contracts signed with the enterprise's General Director.

2. Documents for application for a business license for high-content nitrate ammonium

a) For enterprises already holding a business license for industrial explosives, the documents for applying for a business license for high-content nitrate ammonium include:

- Application form for a business license (Model No. 1 attached hereto).

- A copy of the business license for industrial explosives issued by competent state authorities.

b) For enterprises producing high-content nitrate ammonium, the documents for applying for a business license for high-content nitrate ammonium include:

- Application form for a business license (Model No. 1 attached hereto).

- A copy of the decision allowing the high-content nitrate ammonium production plant to operate issued by the competent authority.

- A copy of the product quality certificate for high-content nitrate ammonium issued by the competent authority for the production plant.

c) For enterprises not falling under points a and b above, the documents for applying for a business license for high-content nitrate ammonium include:

- Application form for a business license (Model No. 1 attached hereto).

- A copy of the business registration certificate issued by competent state authorities.

- A copy of the tax registration.

- A copy of the certificate of registration for the use of hazardous chemicals with special safety requirements specific to the industry (high-content nitrate ammonium) issued by the provincial management authority.

- Copies of employment contracts and lists of staff directly involved in purchasing and selling high-content nitrate ammonium, accompanied by copies of certificates obtained from training courses on trading procedures and business knowledge organized by the enterprise.

- Trading procedures for high-content nitrate ammonium of the enterprise.

- Copies of purchase and sale contracts for high-content nitrate ammonium for the last three years.

- For enterprises using equipment, factories, and other construction works (such as warehouses, docks, etc.) for the business of high-content nitrate ammonium, the application documents for a business license must also include copies of certificates confirming compliance with environmental protection and fire prevention conditions for such equipment, factories, and construction works issued by competent state authorities.

3. Duration of the business license

The duration of a business license is five (05) years for enterprises producing high-content nitrate ammonium and enterprises already holding a business license for industrial explosives; and three (03) years for other enterprises.

4. Time limit for issuing a business license

Within fifteen (15) working days from the date of receipt of complete and valid documents, the Ministry of Industry and Trade will issue a business license for the enterprise according to Model No. 2 attached hereto or provide a written response stating the reasons for not issuing the license.

5. Revocation, replacement, and reissue of business licenses

a) The Ministry of Industry and Trade will review and revoke business licenses already issued for enterprises violating the law, not conducting business for a continuous period of one year, or conducting business contrary to the contents of the license.

b) When there is a need to replace the permit due to changes in the name, address, or organization of the enterprise, the enterprise must submit the previously issued permit along with the application form, new legal documents of the enterprise, and the documents specified in Clause 2, Section II of this Circular.

c) When the permit expires and the enterprise needs to reissue it, they must submit the previously issued permit along with the application form, without having to resubmit the documents required under Clause 2, Section II of this Circular.

The validity period of the permit and the time for reviewing and reissuing the permit shall be carried out in accordance with the provisions of Clauses 3 and 4, Section II of this Circular.

6. Reporting System

Enterprises must prepare business reports on high-nitrate ammonium every six months and annually and submit them to the provincial management agency and the Ministry of Industry and Trade in accordance with current regulations. The latest deadline for submitting the six-month report is July 15, and for the annual report, January 15.

III. IMPLEMENTATION

This Circular takes effect fifteen days from the date of publication in the Official Gazette.

Abolish previous regulations issued by the Ministry of Industry that conflict with the provisions of this Circular. During implementation, organizations and individuals related to this matter are requested to reflect any difficulties to the Ministry of Industry and Trade for consideration and resolution.

THE MINISTER

(Annexed to Circular No. 56/2015/TT-BCT dated December 31, 2015 of the Minister of Industry and Trade)

Model No. 1

Issued together with Circular No. 02/2008/TT-BCT dated February 19, 2008

PETITION FOR APPLICATION

Application for High Nitrate Ammonium Business Permit

Respected Ministry of Industry and Trade

Enterprise Name:...

Decision or Establishment License Number:…

Business Registration Certificate Number:…

Issued by …on day:…

Business Content Registered: …

Main Office Location:…

Telephone:…Fax: …

Based on Circular No…/2008/TT-BCT dated ... month ... year 2008 of the Ministry of Industry and Trade guiding conditions for business and issuance of high nitrate ammonium business permits;

Request the Ministry of Industry and Trade to consider issuing a high nitrate ammonium business permit for the enterprise with the following main contents:

- Form and content of business: (implementing one, several, or all stages of the high nitrate ammonium business process, including from production to product consumption or performing purchase and sale activities of high nitrate ammonium such as wholesale, retail directly to consumers, selling raw materials purchasing products, supply services, export and import service procedures, self-purchase to meet production needs...).

- Scale of business: …tons/year.

- Duration of business: from day: .../…/200...to day…/…/200...

The enterprise commits to fully comply with the current state regulations on high nitrate ammonium business and the contents recorded in the business permit issued by the Ministry of Industry and Trade.

(attached documents)

Place of Receipt: DIRECTOR

As above, (signature and stamp)

-

- To be filed

Form No. 2

Issued together with Circular No. 02/2008/TT-BCT dated February 19, 2008

LICENSE

High Nitrate Ammonium Business

THE MINISTER OF INDUSTRY AND TRADE

Pursuant to Decree No. 189/2007/ND-CP dated December 27, 2007, issued by the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Based on Decree No. 59/2006/NĐ-CP dated June 12, 2006 of the Government detailing the Law on Trade regarding prohibited goods and services, restricted goods and services, and conditional goods and services;

Based on Circular No. /2008/TT-BCT dated ... month ... year 2008 of the Ministry of Industry and Trade guiding conditions for business and issuance of high nitrate ammonium business permits.

Considering the request of ...(name of enterprise) in application number…dated …month …year 200.. for the issuance of a high nitrate ammonium business permit,

DECISION:

Article 1. Approve: …(full name of enterprise).

Decision or Establishment License Number:…

Business Registration Certificate Number:…

Issued by …on day:…

Main Office Location:…

To conduct high nitrate ammonium business with the following main contents:

- Form and content of business: (implementing one, several, or all stages of the high nitrate ammonium business process, including from production to product consumption or performing purchase and sale activities of high nitrate ammonium such as wholesale, retail directly to consumers, selling raw materials purchasing products, supply services, export and import service procedures, self-purchase to meet production needs...).

- Scale of business: …tons/year.

- Duration of business: from day…/…/200...to day…/…/200...

Article 2. …(Name of enterprise) must comply with the provisions of Decree No. 12/2006/NĐ-CP dated January 23, 2006 and Decree No. 59/2006/NĐ-CP dated June 12, 2006 of the Government and the implementing guidance documents.

Article 3. This permit is valid until day …/…/200../.

Place of Receipt: THE MINISTER

- As above,

- Provincial management agency of province, city ...,

-

- To be filed: VT.