Ordinance No. 07/2013/UBTVQH13 Amending and Supplementing Certain Articles of the Ordinance on Management and Use of Weapons, Explosives, and Auxiliary Tools

ORDINANCE

AMENDMENTS AND SUPPLEMENTS TO CERTAIN PROVISIONS OF THE INSURANCE BUSINESS LAW

ORDINANCE ON THE MANAGEMENT AND USE OF WEAPONS, EXPLOSIVE MATERIALS, AND ASSISTANT TOOLS

AND ASSISTIVE DEVICES

     BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;

Pursuant to Resolution No. 534/NQ-UBTVQH13 adjusting the legislative program for 2012 and the XIIIth National Assembly term;

The Standing Committee of the National Assembly promulgates this Ordinance amending and supplementing certain articles of Ordinance No. 16/2011/UBTVQH12 on the management and use of weapons, explosive materials, and assistant tools.

Article 1

Amending and supplementing certain articles of the Ordinance on the Management and Use of Weapons, Explosive Materials, and Assistant Tools:

1. Supplement Clause 10 to Article 3 as follows:

"10. Explosive Precursors "Direct chemicals used for producing explosives as specified in the list of explosive precursors issued by the Government."

2. Supplement Clause 6 following Clause 5 of Article 13 as follows:

"6. The Fisheries Inspection Force under the Ministry of Agriculture and Rural Development."

3. Supplement Clause 6 of Article 13 as Clause 7 of Article 13 as follows:

"7. The Government shall specify military weapons equipped for the subjects stipulated in Clauses 4, 5, and 6 of this Article."

4. Point a of Clause 3 of Article 25 is amended and supplemented as follows:

"a) An organization producing industrial explosive materials is a state-owned enterprise assigned tasks by the Prime Minister upon the proposal of the Ministry of Industry and Trade, the Ministry of Public Security, and the Ministry of Defense;"

5. Point đ of Clause 3 of Article 25 is amended and supplemented as follows:

"đ) An organization producing industrial explosive materials may produce and sell products according to their types to enterprises trading in industrial explosive materials; the importation or consignment importation, purchase, and sale of industrial explosive materials can only be carried out between production and trading enterprises of such materials;"

6. Point a of Clause 4 of Article 25 is amended and supplemented as follows:

"a) An organization trading in industrial explosive materials is a state-owned enterprise assigned tasks by the Prime Minister upon the proposal of the Ministry of Industry and Trade, the Ministry of Public Security, and the Ministry of Defense.

An organization trading in explosive precursors is an enterprise approved by the Prime Minister upon the proposal of the Ministry of Industry and Trade, the Ministry of Public Security, and the Ministry of Defense.

The Government shall specify conditions for trading in explosive precursors;"

7. Point e of Clause 4 of Article 25 is amended and supplemented as follows:

"e) An organization trading in industrial explosive materials must trade in accordance with the provisions of the business license, export and import licenses for industrial explosive materials, and explosive precursors."

8. Point đ of Clause 1 of Article 27 is amended and supplemented as follows:

"đ) Managers, commanders, blasters, and other persons related to blasting operations must meet requirements for security and public order; they must have appropriate professional qualifications corresponding to their positions and responsibilities, and be trained in safety techniques, fire prevention, and firefighting."

Article 2

1. This Ordinance takes effect from March 1, 2014.

2. The Government shall provide detailed regulations and guidance on implementing the provisions assigned in this Ordinance.

Hanoi, July 12, 2013