Circular No. 120/2023/TT-BQP amends and supplements certain provisions related to the delegation of authority for handling administrative procedures set forth in Circular No. 85/2018/TT-BQP dated June 23, 2018, issued by the Minister of National Defense regarding the management of industrial explosives and explosive precursors under the jurisdiction of the Ministry of National Defense.

CIRCULAR

AMENDMENTS AND SUPPLEMENTS TO CERTAIN PROVISIONS RELATED TO THE DELEGATION OF ADMINISTRATIVE PROCEDURE HANDLING AUTHORITY IN CIRCULAR NO. 85/2018/TT-BQP DATED JUNE 23, 2018 ISSUED BY THE MINISTER OF NATIONAL DEFENSE REGULATING THE MANAGEMENT OF INDUSTRIAL EXPLOSIVES AND PRECURSOR CHEMICALS FOR EXPLOSIVES UNDER THE AUTHORITY OF THE MINISTRY OF NATIONAL DEFENSE

Pursuant to the Law on Management and Use of Weapons, Explosives, and Support Tools dated June 20, 2017;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."ive materials and support tools, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP and the supporting tool on June 20, 2017;

Pursuant to Decree No. 71/2018/NĐ-CP dated May 15, 2018 of the Government detailing certain provisions of the Law on Management and Use of Weapons, Explosives, and Support Tools regarding industrial explosives and precursor chemicals for explosives;

Pursuant to Decree No. 01/2022/NĐ-CP dated November 30, 2022 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of National Defense;

At the proposal of the Director of the Department of Defense Industry;

The Minister of National Defense issues this Circular amending and supplementing certain provisions related to the delegation of administrative procedure handling authority in Circular No. 85/2018/TT-BQP dated June 23, 2018 issued by the Minister of National Defense regulating the management of industrial explosives and precursor chemicals for explosives under the authority of the Ministry of National Defense.

Article 1. Amends and supplements certain provisions related to the delegation of administrative procedure handling authority in Circular No. 85/2018/TT-BQP dated June 23, 2018 issued by the Minister of National Defense regulating the management of industrial explosives and precursor chemicals for explosives under the authority of the Ministry of National Defense (hereinafter referred to as Circular No. 85/2018/TT-BQP).

2. Amending and supplementing Article 7 as follows:

"1. Organizations and enterprises meeting the conditions stipulated in Clause 1, Article 41 of the Law on Management and Use of Weapons, Explosives, and Support Tools shall apply for an Explosive Material Usage Permit, the application file includes:

a) An application form for an Explosive Material Usage Permit according to Model No. 05 attached hereto;

b) A copy of the Certificate of Conditions for Security and Public Order for Enterprises; Confirmation of Safety and Security Conditions issued by the security agency according to Model No. 06 attached hereto for military units that are not enterprises;

c) A copy of the Mining Exploration and Extraction Permit, Oil and Gas Exploration Permit for enterprises engaged in mining and oil and gas activities; a copy of the winning bid decision for construction projects, a copy of the construction contract or authorization document, assignment document for construction project implementation contracts of enterprise management organizations still in effect; a copy of the assignment document from agencies or units subordinate to the Ministry of National Defense for other tasks requiring the use of explosive materials;

d) Design drawings or construction plans for construction projects and mining exploitation projects using explosive materials for industrial-scale projects; construction plans or exploitation plans for construction and manual exploitation activities. The design or plan must be approved by the project sponsor and must meet safety conditions according to technical standards and regulations;

đ) Blasting design or plan signed off by the leadership of the organization or enterprise.

In cases where blasting occurs in residential areas, medical facilities, historical-cultural sites, natural conservation areas, national security and defense facilities, or other important national facilities as prescribed by law, there must be a consent letter from the provincial People's Committee or the managing agency; at the same time, the blasting design or plan must be approved by the agency issuing the Explosive Material Usage Permit;

e) A copy of the acceptance or periodic fire prevention and firefighting inspection report for explosive material storage facilities and conditions ensuring safety according to technical standards and regulations;

g) In cases where organizations or enterprises applying for permission to use explosive materials do not have storage facilities or transportation means, the application file must include a copy of the principle contract for renting storage facilities or transportation means for explosive materials from organizations or enterprises with such facilities and means that meet safety conditions according to technical standards and regulations, fire prevention and firefighting requirements, or a copy of the principle contract with organizations permitted to trade in explosive materials to supply explosive materials to the construction site according to the blasting passport;

h) Decision appointing the blasting supervisor of the enterprise and a list of blasters, personnel assigned to manage explosive material storage facilities, and service personnel (security, loading and unloading, and transportation at the storage facility, intermediate transfer location, and blasting site); work permit for foreign nationals working in relation to the use of explosive materials (if applicable); copies of professional certificates and training certificates on safety techniques in explosive material activities for the blasting supervisor, blasters, storage facility managers, and service personnel;

i) Copies of documents proving payment of the licensing fee according to regulations."

2. Amending and supplementing Clause 3 of Article 3 as follows:

"3. Organizations and enterprises providing blasting services applying for an Explosive Material Usage Permit, the application file includes:

a) Documents specified in Points a, d, đ, e, g, and h of Clause 1 of this Article;

b) A copy of the Blasting Service Permit issued by the competent authority;

c) A copy of the blasting service contract between the organization or enterprise providing blasting services and the organization or individual requiring such services;

d) Copies of documents proving payment of the licensing fee according to regulations."

3. Amends and supplements Clause 4 of Article 3 as follows:

"4. The application files specified in Clauses 1, 2, and 3 of this Article shall be compiled into one set and submitted to the General Staff of the Department of Defense Industry or submitted online through the Ministry of National Defense’s public service portal.

a) In cases where the application is submitted directly, organizations and enterprises may choose to submit copies of the documents specified in Clauses 1, 2, and 3 of this Article, which can be copies from original books or certified copies, or copies with authentication;

b) In cases where the application is submitted via postal or military postal services, organizations and enterprises must submit certified copies of the documents specified in Clauses 1, 2, and 3 of this Article."

c) In the case of submitting the application online through the Ministry of National Defense Public Service Portal, organizations and enterprises must prepare one set of electronic files as prescribed in Clauses 1, 2, and 3 of this Article in accordance with the provisions of the law.

4. Amend and supplement Clause 5 of Article 3 as follows:

“5. Within five working days from the date of receiving complete and valid applications, the General Staff/Department of Defense Industry shall review and issue the Explosive Material Usage Permit according to Model No. 07 of the Appendix attached hereto for organizations and enterprises; in cases where issuance is not granted, a written response must be provided with clear reasons stated.

If the competent authority needs to inspect the actual site and explosive material storage before considering and issuing the Explosive Material Usage Permit, the review period shall not exceed ten days from the date of receiving complete and valid applications.”

5. Amend and supplement Clause 4 of Article 4 as follows:

“4. Within five working days from the date of receiving complete and valid applications, the General Staff/Department of Defense Industry shall review and reissue, replace, or adjust the Explosive Material Usage Permit according to Model No. 07 of the Appendix attached hereto for organizations and enterprises; in cases where issuance is not granted, a written response must be provided with clear reasons stated.”

6. Amend and supplement Article 7 as follows:

“Article 7. The competent authority responsible for training, inspecting, and issuing certificates of technical safety training for explosive materials and explosive precursors

The Department of Science and Technology Management/Department of Defense Industry organizes training, inspection, and issuance of certificates of technical safety training for explosive materials and certificates of technical safety training for explosive precursors for subjects under the management of the Ministry of National Defense in accordance with Decree No. 71/2018/ND-CP dated May 15, 2018 of the Government detailing certain provisions of the Law on Management and Use of Weapons, Explosives, and Supporting Tools regarding industrial explosives and explosive precursors, including:

1. Training, inspecting, and issuing certificates of technical safety training for explosive materials for managers.

2. Inspecting and issuing certificates of technical safety training for explosive materials for the following subjects:

a) Workers directly producing explosive materials;

b) Persons assigned to manage explosive material warehouses;

c) Blasting supervisors;

d) Blasters;

đ) Servants; escorts, and drivers of vehicles transporting explosive materials;

e) Personnel conducting analysis and testing of explosive materials;

3. Inspecting and issuing certificates of technical safety training for explosive precursors for persons assigned to manage explosive precursor warehouses.”

7. Amend and supplement Clause 3 of Article 11 as follows:

“Article 11. Agencies and units under the Ministry of National Defense that are not enterprises

3. Organize and coordinate with the competent authority responsible for technical safety training for explosive materials and explosive precursors for subjects under their management, and request the Department of Science and Technology Management/Department of Defense Industry to inspect and issue certificates in accordance with Article 7 of this Circular.”

Article 2. Replace and abolish some terms, phrases, points, and clauses of Circular No. 85/2018/TT-BQP

1. Replace Model No. 05 and Model No. 07 of the Appendix accompanying Circular No. 85/2018/TT-BQP with Model No. 05 and Model No. 07 of the Appendix accompanying this Circular.

2. Abolish Points b and 1 of Clause 1 of Article 3, Point c of Clause 2, and Point đ of Clause 3 of Article 3 of Circular No. 85/2018/TT-BQP.

Article 3. Effectiveness

This Circular takes effect from December 22, 2023.

Article 4. Responsibilities for Implementation

The Chief of the General Staff, commanders of agencies, units, organizations, enterprises, and individuals related to this Circular are responsible for its implementation./.