JOINT CIRCULAR No. 1092/KCM-CN GUIDING THE ASSIGNMENT OF RESPONSIBILITIES FOR STATE MANAGEMENT OF THE QUALITY OF INDUSTRIAL EXPLOSIVES

JOINT CIRCULAR

JOINT DECREE NO. 1092/KCM-CN OF THE MINISTRIES OF SCIENCE, TECHNOLOGY AND ENVIRONMENT - INDUSTRY ON MAY 21, 1996 GUIDING THE ASSIGNMENT OF RESPONSIBILITIES FOR STATE MANAGEMENT OF THE QUALITY OF INDUSTRIAL EXPLOSIVES

To implement Article 4, Section 7 of Decree No. 86/CP dated December 8, 1995 of the Government on the assignment of responsibilities for state management of product quality; the Joint Ministries of Science, Technology and Environment - Industry guide as follows:

1. Industrial explosives are special technical materials, goods subject to conditions as stipulated in Chapter III of Decree No. 02/CP dated January 5, 1995 and Article 1 of Decree No. 27/CP dated April 20, 1995 of the Government, which are managed by the Ministry of Industry regarding quality from the preparation stage through production, supply, use, export, and import.

2. Contents of state management of the quality of industrial explosives:

2.1. Regarding technical inspection work and management regulations

The Ministry of Industry directly performs the following tasks:

- Formulate guidelines, objectives, and specific policies concerning the assurance and improvement of quality and safety of industrial explosives;

- Issue forms and instruct state-owned enterprises permitted to trade (produce, supply) and economic entities requiring the use of industrial explosives;

- Develop and implement plans to ensure and improve the quality and safety of industrial explosives;

- Plan the establishment of recognized testing laboratories for industrial explosives;

- Plan the development of Vietnamese Technical Standards (VNTC) and compile the plan for developing VNTC including proposed funding from the state budget and contributions from the base, appointing experts to participate in the Technical Standard Committee for industrial explosives;

- Specify the mandatory application of VNTC, particularly safety standards for industrial explosives; organize and urge inspections of the application of VNTC and handle violations of these VNTC.

The Ministry of Science, Technology and Environment organizes the Technical Standard Committee for industrial explosives to draft VNTC on industrial explosives according to the annual standard development plan.

- The Ministry of Science, Technology and Environment promulgates VNTC on industrial explosives and publishes them in the Official Gazette of the Socialist Republic of Vietnam.

2.2. Annually, the Ministry of Industry publishes a list of types of domestically produced industrial explosives that are allowed to be used, along with the bases and mandatory quality criteria to be applied. The Ministry of Industry leads the organization of testing and evaluating the quality of new industrial explosives (including those produced domestically and imported), including specifying requirements for procedures, processes, contents of testing and designating the implementing agency. Based on the results of testing, the Ministry of Industry issues decisions allowing the production, import, and use of new types of industrial explosives.

2.3. The Ministry of Industry proposes and notifies the Ministry of Science, Technology and Environment before August 15 each year a list of industrial explosives (domestically produced and imported) that must undergo quality checks, for the Ministry of Science, Technology and Environment to publish in September each year and apply from January 1 of the following year. Specifically, from now until December 31, 1997, the list of domestically produced and imported industrial explosives that must undergo quality checks is specified in Appendix 1 and Appendix 2 of this Circular.

The Ministry of Industry specifies the quality checks at domestic production facilities for industrial explosives, and supply and use facilities for domestically produced and imported industrial explosives.

Before June 30, 1996, the Joint Ministries of Industry and Science, Technology and Environment agree in writing to designate organizations responsible for national quality inspections of domestically produced and imported industrial explosives.

3. Organization of Implementation

3.1. The Joint Ministries uniformly designate the lead agency to assist the leadership of both Ministries in directing the management of the quality of industrial explosives as follows:

- Department of Technology Management and Product Quality (Ministry of Industry).

- General Bureau of Standards, Metrology and Quality (Ministry of Science, Technology and Environment).

3.2. To strictly implement Decree 86/CP of the Government, annually the leadership of both Ministries coordinate to organize reviews of the implementation of this Joint Circular and agree on subsequent measures. When there are changes in the quality of industrial explosives in production and import-export, if deemed necessary, the Ministry of Industry will coordinate with the Ministry of Science, Technology and Environment to direct relevant organizations to promptly implement appropriate measures.

3.3. Every six months and annually, the Ministry of Industry reports to the Government on the implementation of Decree 86/CP regarding state management of quality and the use of industrial explosives, while simultaneously informing the Ministry of Science, Technology and Environment for consolidation and reporting to the Government.

This Circular takes effect from the date of signing. During the implementation process, if new issues arise, the two Ministries will discuss and resolve them specifically.

Appendix 1:

LIST OF DOMESTICALLY PRODUCED INDUSTRIAL EXPLOSIVES THAT MUST UNDERGO QUALITY CHECKS

(Effective until December 31, 1997)

Specifications for rescue and emergency response command bands

LIST OF IMPORTED INDUSTRIAL EXPLOSIVE MATERIALS THAT MUST UNDERGO QUALITY CHECKS

(Effective until December 31, 1997)