Circular No. 11/TT-CNCL guides the implementation of Decree No. 27/CP dated April 20, 1995 of the Government on the management, production, supply, and use of industrial explosives.

CIRCULAR

OF THE MINISTRY OF INDUSTRY

Guidelines for implementing Decree No. 27/CP dated April 20, 1995 of the Government on the management, production, supply, and use of industrial explosives.

On the management, production, supply, and use of industrial explosives.

Based on Decree No. 74/CP dated November 1, 1995 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry.

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

Based on Decree No. 02/CP dated January 5, 1995 of the Government on goods and services prohibited from trade and goods and services subject to conditions in the domestic market.

Based on Decree No. 17/CP dated December 28, 1992 of the Government on the management of special trades.

After reaching consensus with relevant ministries, provincial People's Committees, and related economic sectors, the Ministry of Industry issues this Circular guiding the implementation of Government Decree No. 27/CP on the management, production, supply, and use of industrial explosives as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

Article 1.

The terms used in this Circular shall be understood as follows:

1. Industrial Explosives (IE) are explosive materials used in industry, including explosives and finished accessories.

2. IE production is the process of using technology to create a complete product (explosives, accessories) within the permitted list. The IE production process does not include circulation and supply or use processes.

3. IE use is the process of putting explosive materials into practical application to achieve specific goals in various economic sectors such as mining, construction, transportation, basic surveys, scientific research, etc., according to a predetermined technological process. IE can only be used upon permission from the Ministry of Industry.

4. IE supply is the circulation process of IE from the place of production, storage, customs (imported IE) to the place of use, meeting requirements regarding quantity, quality, type, delivery schedule under the economic contract between the supplying enterprise and the user unit.

5. IE storage is the process of keeping explosive materials in warehouses (permanent or temporary) after manufacturing, newly imported before being put into use, following specific regulations to ensure quality, prevent theft, and safety during storage.

6. Research and trial production of IE is the process of establishing technology to create new types of explosive materials such as explosives, accessories, mechanical loading devices, and blasting machines. This process must follow a sequence as prescribed and be approved by the state management agency responsible for IE and research applications.

Article 2.

1. IE is a special technical material that requires strict state management concerning security, labor safety, fire prevention, public order, and environmental hygiene from production to use. IE is classified as goods and services subject to conditions for trade and business, as stipulated in Chapter III of Decree No. 02/CP dated January 5, 1995.

2. Only state-owned enterprises assigned tasks by the Government at the proposal of the Ministry of Industry and the Ministry of Defense may produce and trade in IE.

3. Only enterprises and organizations or individuals with needs and sufficient conditions as specified in Section IV of this Circular and who have been granted permits by competent authorities may use IE.

4. It is forbidden to research and manufacture, produce, transport, buy and sell, exchange, transfer, import and export, and use IE contrary to the law and the provisions of this Circular.

II. STATE MANAGEMENT OF INDUSTRIAL EXPLOSIVES

Article 3.

1. The Ministry of Industry performs the function of state management over IE. Ministries and agencies equivalent to ministries take the lead or cooperate in performing state management according to the fields assigned by the Government related to IE.

2. Provincial Departments of Industry are advisory bodies and focal points assisting provinces and cities directly under the Central Government in directing functional sectors to inspect and supervise the circulation and use of IE within their jurisdiction according to the Decree and current guiding circulars on IE.

Article 4.

The main contents of state management of IE include:

1. The Ministry of Industry leads and coordinates with the Ministry of Planning and Investment, the Ministry of National Defense, and the Ministry of Science and Technology and Environment to organize the development of strategies, overall planning, policies, long-term plans, and directions for the development of the IE industry nationwide.

2. The Ministry of Industry leads and works together with relevant ministries to develop, review, and promulgate laws, ordinances, decrees, guiding circulars, standards, and recognized laboratories on IE according to regulations.

3. The Ministry of Planning and Investment leads the approval and issuance of IE norms based on proposals from relevant ministries.

4. The Ministry of Industry publishes the annual list of permitted IE and issues decisions to supplement new types of IE produced or imported for the first time after successful testing and meeting quality standards.

5. The Ministry of Industry organizes the development and approves long-term scientific research programs, national programs, state-funded projects, and ministry-level projects on IE.

The Ministry of Science and Technology and Environment and other central ministries consider and approve national programs and state-funded projects on IE proposed by the Ministry of Industry and incorporate them into the national scientific research plan.

6. The Ministry of Industry collaborates with the Ministry of Science and Technology and Environment to register product quality, announce mandatory Vietnamese Technical Standards (TCVN), and conduct quality inspections of IE products.

7. All IE development projects, regardless of scale, must be submitted to the Prime Minister for approval. The Ministry of Planning and Investment leads and works with relevant ministries to evaluate projects according to the law for IE-related facilities, including joint ventures with foreign countries or the importation of technology, before submitting to the Prime Minister for approval.

8. The price of IE is determined by the Government Price Board based on coordination with relevant ministries.

9. The Ministry of Labor, Invalids, and Social Affairs, the Ministry of Industry, the Ministry of Home Affairs, the Ministry of Science and Technology and Environment, and other relevant ministries organize regular technical safety and labor protection inspections for enterprises producing, supplying, and using IE.

10. The Ministry of Industry shall take the lead in organizing inspections of production, business, and supply activities of industrial explosives together with the Ministry of Interior, the Ministry of Trade, and other relevant ministries.

11. Central and local law enforcement agencies shall conduct investigations and handle violations against current regulations on the production, supply, and use of industrial explosives.

12. Each month, units engaged in the production, supply, and use of industrial explosives must report to the Ministry of Industry and the General Statistics Office on the situation regarding their production, supply, and use of industrial explosives (the contents of the reports will be specified in separate documents).

III. PRODUCTION OF INDUSTRIAL EXPLOSIVES

Article 5.

Only enterprises mentioned in Point 2 of Article 2 and meeting the conditions set forth in Article 8 below may produce industrial explosives.

Article 6.

Research and trial production of industrial explosives can only be conducted at specialized agencies responsible for industrial explosives, which have been assigned tasks to research and trial certain specific products. Research and trial projects must be approved by the Ministry of Science and Technology and Environment and the Ministry of Industry based on proposals from relevant sectoral management ministries.

Article 7.

Products of industrial explosive manufacturing plants must be included in the annual list of permitted industrial explosives published by the Ministry of Industry. If they are trial-manufactured products, they must comply with the provisions of Article 6 of this Circular.

Article 8.

Industrial explosive manufacturing enterprises must meet the following conditions:

1. Production equipment and technology must be determined by the Ministry of Science and Technology and Environment, the Ministry of Industry, and other relevant ministries regarding technological level and impact on the surrounding environment.

2. Factories used for production, raw material warehouses, and finished product storage areas must be designed, constructed, and accepted for use in accordance with national standards on the preservation, transportation, and use of industrial explosives and the Government Decree on investment and construction management.

3. Laboratories must have instruments and tools to determine technical parameters of raw materials and finished products during the production process, or must enter into contracts with recognized laboratories capable of determining technical parameters of industrial explosives.

4. There must be technical solutions to address causes of environmental pollution, fire prevention and extinguishing plans, and measures to ensure workplace safety.

5. There must be a workforce with qualifications as stipulated in Article 10 of this Circular.

Article 9.

1. Enterprises producing industrial explosives must register product samples, specifications, and quality according to Government Decree No. 86/CP dated December 8, 1995, on the division of responsibilities for state management of product quality and the Inter-Ministerial Circular guiding the implementation of Government Decree No. 86/CP issued by the Ministry of Industry and the Ministry of Science and Technology and Environment before commencing production.

2. Industrial explosive manufacturing enterprises must monitor product quality during production and bear material responsibility for product quality within the warranty period.

Article 10.

Management staff and employees of industrial explosive manufacturing enterprises must possess adequate health, legal capacity, and behavior, and hold diplomas or certificates from specialized training corresponding to their job responsibilities.

1. For management staff of industrial explosive manufacturing enterprises:

a. The director must have at least a bachelor's degree in chemical engineering, weapons and ammunition engineering, pyrotechnic and explosive technology engineering, or economic engineering, meeting the criteria for civil servants as prescribed by the State.

b. The deputy director for technology must have a bachelor's degree in chemical engineering, weapons and ammunition engineering, pyrotechnic and explosive technology engineering, or mining engineering, meeting the criteria for civil servants as prescribed.

2. For employees of industrial explosive manufacturing enterprises, including:

a. Workers on the production line (preparing raw materials, drying, grinding, screening, mixing, packaging, controlling production equipment, and loading mobile explosives).

b. Laboratory workers (measuring technical indicators of industrial explosives, conducting test explosions).

c. Warehouse keepers and security personnel.

In addition to having professional certificates for each trade, they must also have the following documents:

- A certificate confirming completion of training and achieving satisfactory results in relevant safety regulations for industrial explosives issued by the provincial Department of Labor, Invalids, and Social Affairs' State Inspectorate for Safety.

3. Foreign individuals working in joint ventures with foreign countries to produce industrial explosives within Vietnam and its maritime and continental shelf zones must follow entry procedures and must have equivalent qualifications as Vietnamese citizens in the same positions when working with industrial explosives. Lists of such foreign individuals must be registered with the local police authority where the enterprise operates.

Article 11.

The Ministry of Industry and relevant ministries related to industrial explosives shall organize inspections of the conditions stipulated in Article 8 of this Circular as follows:

1. For new facilities:

During the final acceptance and handover of the entire project, the conditions specified must be checked and reviewed:

a. If all conditions are met, a confirmation record shall be made to put the facility into normal production.

b. If the conditions are not fully met, the facility must wait until all conditions are supplemented as required by Article 8 before it can commence production.

2. For existing facilities currently in production:

An assessment of whether the conditions specified in Article 8 are met must be conducted if:

a. All conditions are met, then confirmation shall be made for the facility to continue normal production.

b. Conditions are lacking or present but do not meet standards, then the volume and time required for supplementation and repair must be determined, allowing the facility to continue production while these actions are carried out. At the end of the specified period, another inspection must be organized; if supplementation and repair have not been completed, the facility must cease production until these actions are finished.

IV. USE OF INDUSTRIAL EXPLOSIVES

Article 12.

The users of industrial explosives are state-owned enterprises, units, and individuals as follows:

1. State-owned enterprises established under the Law on State-Owned Enterprises dated April 30, 1995.

2. Private enterprises established under the Law on Companies and the Law on Private Enterprises.

3. Enterprises established under the Law on Foreign Investment in Vietnam that require the use of industrial explosives.

4. Units and individuals recognized by state authorities as individual or collective economic organizations requiring the use of industrial explosives.

The units mentioned above must have a permit for using explosive materials issued by the competent state agency (as stipulated in Articles 14 and 15 of this Circular).

Article 13.

Units using explosive materials must have storage facilities to preserve and transportation means for explosive materials. The storage facilities and transportation means must comply with relevant Vietnamese Technical Standards (TCVN) concerning explosive materials.

In cases where there are no storage facilities and transportation means, the unit using explosive materials must enter into contracts to lease storage facilities and transportation means from lawful entities that have been granted permits by the competent authority.

Article 14.

The dossier submitted to the competent state agency to apply for a permit to use explosive materials includes:

1. Using explosive materials for mining operations:

a. A certified copy of the decision establishing the unit.

b. An extract of the mining exploitation license issued by the Ministry of Industry or the People's Committee of the province (certified copy).

c. Investment decisions and decisions approving the mining project design (certified copy).

d. Land use permit issued by the competent state agency.

e. Decision appointing personnel to lead blasting operations signed by the unit’s management. g. Certificate confirming compliance with social order and security conditions according to Decree 17/CP dated December 28, 1992 issued by the Provincial Public Security Department.

2. Using explosive materials for other purposes such as blasting for road foundations, creating foundation pits for construction projects, felling trees, demolishing structures, etc.:

a. A certified copy of the decision establishing the unit.

b. Design approval documents for organizing construction works and blasting passports.

c. Decision appointing personnel to lead blasting operations signed by the unit’s management.

d. Certificate confirming compliance with social order and security conditions according to Decree 17/CP dated December 28, 1992 issued by the Provincial Public Security Department.

e. Agreement documents with the Police and State Inspectorate regarding local safety during blasting operations.

3. Using explosive materials for oil and gas exploration and exploitation:

a. A certified copy of the decision establishing the unit.

b. Oil and gas exploration and exploitation license issued by the competent state agency (certified copy).

If it is a foreign enterprise or a joint venture between a Vietnamese enterprise and a foreign entity, it must have an investment permit from the Government of the Socialist Republic of Vietnam (certified copy).

c. Decision approving the exploration and exploitation project design by the competent state agency.

d. Decision appointing personnel to lead blasting operations signed by the unit’s management. If the person is a foreigner, they must meet the conditions set out in Point 3 of Article 10 of this Circular.

e. Certificate confirming compliance with social order and security conditions according to Decree 17/CP dated December 28, 1992 issued by the Provincial Public Security Department.

Article 15.

Procedure for issuing a permit to use explosive materials:

1. The dossier shall include:

a. Application for a permit to use explosive materials signed and stamped by the unit’s management.

b. Certified copies of documents listed in Points 1, 2, and 3 of Article 14 of this Circular.

Within 20 days from the date of receipt of the dossier, the Ministry of Industry will coordinate with the Ministry of Management and related ministries to conduct inspections. If the conditions are met, the Ministry of Industry will issue a permit to use explosive materials for enterprises under the Ministry of Economic and Technological Management.

The provincial People's Committee will inspect and issue permits to use explosive materials for state-owned enterprises, economic organizations, and individuals within the province.

For defense enterprises and military economic organizations, the Ministry of Defense will inspect and issue permits to use explosive materials.

Article 16.

Personnel managing and working with explosive materials and related tasks must be healthy, capable, and trained professionally in accordance with their responsibilities:

1. Leaders of blasting operations must hold a university degree in mining, chemical, weapons, ammunition, pyrotechnic technology, or explosives. If they have a college degree in these fields, they must have at least three years of work experience related to explosive materials.

For leaders of blasting operations in units listed in Point 4 of Article 12, they must be experienced blasters with at least five years of work experience in blasting operations. Before being appointed, they must pass examinations on explosive materials knowledge conducted by the local Safety State Inspectorate in coordination with the Department of Industry and achieve good results.

2. Blasters and personnel involved in tasks related to explosive materials, such as transport workers, vehicle operators, escorts, guards, warehouse keepers, etc., in addition to having professional certificates for each trade, must also have the following documents:

a. Certificate confirming completion of training and passing examinations on safety regulations related to explosive materials organized and issued by the local Safety State Inspectorate.

b. Certificate confirming compliance with social order and security conditions for special professions according to Decree 17/CP dated December 28, 1992 issued by the Provincial Public Security Department.

For blasters and personnel involved in tasks related to explosive materials in military economic units, the Ministry of Defense will organize training, examination, and issuance of certificates.

V. INSPECTION AND HANDLING OF VIOLATIONS

Article 17.

The Ministry of Industry, together with related ministries, will organize regular and surprise inspections of compliance with laws and regulations stipulated in this Circular.

Article 18.

The People's Committees of provinces and centrally-administered cities will direct relevant departments to regularly inspect the transportation, storage, and use of explosive materials in accordance with the provisions of this Circular and current standards on explosive materials.

Article 19.

Acts subject to handling (Article 4-Decree 27/CP) are defined as follows:

1. Illegal acts:

a. Units not permitted by the Government to produce explosive materials.

b. Enterprises not permitted by the Government and competent authorities to engage in trading, supplying, and transporting explosive materials.

c. Units not permitted to use explosive materials but using them.

d. Units not assigned tasks to research and test explosive materials but conducting such activities.

2. Violations of current explosive material management regulations:

a. Producing, supplying, and using explosive materials without safety measures for people, equipment, and environmental protection.

b. Producing explosive materials that do not meet quality, specifications, and designs registered.

c. Assigning and utilizing staff who lack the corresponding level of knowledge and training commensurate with their responsibilities as prescribed.

d. Conducting research and testing of hazardous chemicals without an approved project.

e. The person in charge of management and workers handling hazardous chemicals due to a lack of responsibility causing loss, fire, explosion, and other damages.

g. Failing to comply with the statistical reporting system for hazardous chemicals.

h. Organizations and individuals responsible for issuing safety condition approval certificates, permits for the use of hazardous chemicals, and inspecting and supervising related enterprises that abuse their authority and act contrary to Decree No. 27/CP dated April 20, 1995 and this Circular.

VI. IMPLEMENTATION PROVISIONS

Article 20.

Regulations on trading and supplying hazardous chemicals shall be in accordance with Decree No. 02/CP dated January 5, 1995 and the Circular issued by the Ministry of Industry and the Ministry of Home Affairs for guidance.

Article 21.

All enterprises, organizations, and individuals, including economic entities of the armed forces, foreign enterprises participating in investment in Vietnam engaged in scientific research, production, storage, and use of hazardous chemicals within the territory of Vietnam (including maritime and continental shelf areas under sovereignty) must strictly comply with Vietnamese laws and this Circular.

Article 22.

This Circular takes effect from the date of issuance. Previous regulations inconsistent with the provisions of this Circular are hereby abolished.

Within sixty days from the date of issuance, all organizations and individuals involved in activities related to hazardous chemicals must adjust their operations in accordance with the provisions of this Circular.

Article 23.

During implementation, if there are any difficulties, sectors, localities, and units should report them to the Ministry of Industry for further study and improvement.