Circular No. 04/2014/TT-BCA Amending and supplementing some articles of Circular No. 35/2010/TT-BCA dated October 11, 2010, of the Minister of Public Security on issuing permits for transporting industrial explosives and dangerous goods

CIRCULAR

Amending and supplementing certain articles of Circular No. 35/2010/TT-BCA dated October 11, 2010 of the Minister of Public Security on issuing permits for transporting industrial explosives and dangerous goods

Based on the Ordinance on Management and Use of Weapons, Explosives, and Auxiliary Tools; the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Management and Use of Weapons, Explosives, and Auxiliary Tools;

Pursuant to Decree No. 29/2005/NĐ-CP dated March 10, 2005 on the list of dangerous goods and the transportation of dangerous goods on inland waterways;

Pursuant to Decree No. 109/2006/NĐ-CP dated September 22, 2006 detailing and guiding the implementation of certain provisions of the Law on Railways;

Pursuant to Decree No. 39/2009/NĐ-CP dated April 23, 2009 on industrial explosives which has been amended and supplemented by Decree No. 54/2012/NĐ-CP dated June 22, 2012;

Pursuant to Decree No. 104/2009/NĐ-CP dated November 9, 2009 on the list of dangerous goods and the transportation of dangerous goods by motor vehicles;

Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 on the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

On the proposal of the Director General of the Police Traffic Safety Management Administration;

The Minister of Public Security promulgates this Circular amending and supplementing certain articles of Circular No. 35/2010/TT-BCA dated October 11, 2010 of the Minister of Public Security on issuing permits for transporting industrial explosives and dangerous goods (hereinafter referred to as Circular No. 35/2010/TT-BCA),

Article 1. Amending and supplementing certain articles of Circular No. 35/2010/TT-BCA dated October 11, 2010 of the Minister of Public Security on issuing permits for transporting industrial explosives and dangerous goods

1. Supplement Clause 3 to Article 3 as follows:

"3. Transporting industrial explosives means the activity of transporting products and raw materials specified in Clause 1 of this Article from one location to another."

2. Clause 4 shall be amended and supplemented as follows:

"Article 4. Conditions for obtaining a permit for transporting industrial explosives

Organizations and units transporting industrial explosives must meet the following conditions:

1. Having transport means that satisfy the following conditions:

a) Meeting the traffic participation conditions stipulated by laws on road traffic, railway traffic, and inland waterway traffic; having a certificate of qualification for transporting dangerous goods issued by the inspection authority;

b) Complying with the technical regulations set forth in National Technical Regulation QCVN 02:2008/BCT on safety in storage, transportation, use, and disposal of industrial explosives;

c) Meeting the fire prevention and firefighting safety conditions as prescribed in Article 12 of Decree No. 35/2003/NĐ-CP dated April 4, 2003 detailing certain provisions of the Law on Fire Prevention and Fighting which has been amended and supplemented by Decree No. 46/2012/NĐ-CP dated May 22, 2012;

d) Having warning signs indicating that the vehicle is transporting industrial explosives.

2. Having managers, drivers, escorts, and other related personnel who satisfy the following conditions:

a) Being at least 18 years old, having a clear record, no criminal history (the personal record must be confirmed by the People's Committee of the commune, ward, town where they reside or their workplace). For drivers, they must have a driving license, shipmaster’s certificate, or relevant professional qualifications corresponding to the registered transport means;

b) Having a certificate of fire prevention and firefighting training issued by the competent fire police authority; a certificate of training on knowledge about industrial explosives and safety measures when handling industrial explosives issued by the competent state management authority on industrial explosives;

c) Having a level of expertise commensurate with their position and responsibilities.

3. Meeting the conditions prescribed in points a and c of Clause 1 of Article 26 of the Ordinance on the Management and Use of Weapons, Explosives, and Auxiliary Tools."

3. Article 5 shall be amended and supplemented as follows:

"Article 5. Procedures for issuing and adjusting permits for transporting industrial explosives

1. The application dossier for issuing a permit for transporting industrial explosives shall be implemented according to the provisions of Clause 3 of Article 26 of the Ordinance on the Management and Use of Weapons, Explosives, and Auxiliary Tools.

2. The dossier for adjusting a permit for transporting industrial explosives includes:

a) A letter requesting adjustment of the content of the permit for transporting industrial explosives;

b) A copy of the permit for transporting industrial explosives (accompanied by the original for verification).

3. Within three working days from the date of receipt of a complete and valid dossier, the competent authority issuing or adjusting the permit for transporting industrial explosives must examine the dossier and the conditions of the organization or unit transporting industrial explosives to issue or adjust the permit for transporting industrial explosives; if the permit is not issued or adjusted, a written response must be provided, specifying the reasons."

4. Article 6 is amended and supplemented as follows:

"Article 6. Authority to issue and adjust permits for transporting industrial explosives

1. The Head of the Traffic Safety Management Department of the Provincial Police Force or the Municipal Police Force directly under the Central Government where the warehouse or receiving point of transported industrial explosives is located shall issue and adjust permits for transporting industrial explosives for agencies and units with such needs; in cases where the Traffic Safety Management Department where the transported industrial explosives depart or where the headquarters of the organization managing the transport means of industrial explosives issues and adjusts the permit, it must provide a confirmation letter regarding the receiving conditions of the Traffic Safety Management Department where the warehouse or receiving point of transported industrial explosives is located.

2. The Director of the Traffic Safety Management Department shall issue and adjust permits for transporting industrial explosives in cases of transporting industrial explosives from Vietnam to foreign countries, from foreign countries to Vietnam, and other special cases."

5. Supplement Article 6a following Article 6 as follows:

"Article 6a. Revocation of permits for transporting industrial explosives

1. Permits for transporting industrial explosives will be revoked in the following cases:

a) Licenses issued beyond authority;

b) Enterprises that have obtained permits for transporting industrial explosives through falsifying application dossiers;

c) Enterprises that have obtained permits for transporting industrial explosives but do not meet the conditions stipulated in Article 4 of this Circular."

2. The authority to revoke permits for transporting industrial explosives shall be as follows:

The person authorized to issue and adjust the permit for transporting industrial explosives as stipulated in Article 6 of this Circular and their direct superior have the authority to revoke the permit for transporting industrial explosives as provided for in Clause 1 of this Article.

6. Clause 4 of Article 7 shall be amended and supplemented as follows:

“4. The Director of the Administrative Police Department under the Public Order Management Bureau decides or delegates the Head of the Administrative Police Department under the Public Order Management Bureau of the Provincial Police Force directly under the Central Government to decide to temporarily suspend the issuance of permits or the effectiveness of permits for transporting industrial explosives when there is a requirement to ensure national security, public order, and social safety in national-level activities or in areas with special requirements for ensuring security and public order.”

7. Clause 3 of Article 8 shall be amended and supplemented as follows:

“3. Only accept industrial explosives based on the transport permit issued by the competent administrative police agency.”

8. This Circular promulgates the following forms attached hereto:

a) Form VC02 (Application for Acceptance of Industrial Explosives) replaces Form VC02 promulgated together with Circular No. 35/2010/TT-BCA;

b) Form VC02A (Application for Acceptance of Industrial Explosives) replaces Form VC02A promulgated together with Circular No. 35/2010/TT-BCA;

c) Form VC03 (Application for Issuance of Transport Permit for Industrial Explosives) replaces Form VC03 promulgated together with Circular No. 35/2010/TT-BCA;

d) Form VC04 (Transport Permit for Industrial Explosives) replaces Form VC04 promulgated together with Circular No. 35/2010/TT-BCA;

đ) Form VC05 (Signaling Device for Transport Vehicles of Industrial Explosives) replaces Form VC05 promulgated together with Circular No. 35/2010/TT-BCA.

Article 2. Effective Date

This Circular takes effect from March 10, 2014.

Repeal Article 4, 5, 6, Clause 4 of Article 7, Clause 3 of Article 8 of Circular No. 35/2010/TT-BCA and the forms: VC02, VC02A, VC03, VC04, VC05 promulgated together with Circular No. 35/2010/TT-BCA.

Article 3. Responsibility for Implementation

1. The Director General of the General Administration of Administrative Police for Public Order and Social Safety is responsible for organizing the implementation and directing, guiding, and inspecting the implementation of this Circular.

2. The Directors Generals of the various General Administrations, heads of units directly under the Ministry, Provincial Police Chiefs directly under the Central Government, Directors of Fire Prevention and Fighting Departments, and organizations and individuals related to this matter are responsible for implementing this Circular.

During the process of implementation, if there are difficulties or obstacles, local police units, organizations, and individuals should report to the Ministry of Public Security (through the General Administration of Administrative Police for Public Order and Social Safety) for timely guidance.