Circular No. 13/2018/TT-BCT on the management and use of industrial explosives and explosive precursors used for the production of industrial explosives

CIRCULAR

Provisions on the management and use of industrial explosives and explosive precursors used for the production of industrial explosives

Pursuant to the Law on Management and Use of Weapons, Explosives, and Supporting Tools dated June 20, 2017;

Pursuant to the Government Decree Decision No. 71/2018/NĐ-CP dated May 15, 2018 of the Government detailing some provisions of the Law on Management and Use of Weapons, Explosives, and Auxiliary Tools regarding industrial explosives and explosive precursors;

Pursuant to Decree No. 98/2017/NĐ-CP dated August 18, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

At the proposal of the Director of the Industrial Technical Safety and Environmental Protection Department,

The Minister of Industry and Trade issues the Circular stipulating the management and use of industrial explosives and explosive precursors used for the production of industrial explosives.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular specifies the list of industrial explosives and explosive precursors used for the production of industrial explosives; the authority to issue permits and certificates for the management and use of industrial explosives and explosive precursors used for the production of industrial explosives; construction, management, updating, and exploitation of the Database on industrial explosives and explosive precursors used for the production of industrial explosives for entities under the State management of the Ministry of Industry and Trade; responsibilities of organizations and enterprises engaged in research, production, business, transportation, use, and disposal of industrial explosives and explosive precursors used for the production of industrial explosives.

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals related to the management, research, production, business, transportation, storage, use, and disposal of industrial explosives and explosive precursors used for the production of industrial explosives in Vietnam.

Article 3. List of industrial explosives materials permitted for production, trade, and use in Vietnam

1. List of industrial explosives permitted for production, business, and use in Vietnam (List of industrial explosives) includes industrial explosives for oil and gas exploration and extraction and industrial explosives specified in Appendix I attached to this Circular.

2. Organizations producing or importing new industrial explosives not included in the List specified in Appendix I attached to this Circular (excluding industrial explosives for oil and gas exploration and extraction) shall submit registration documents to the Ministry of Industry and Trade for recognition of the registration results, review, and inclusion in the List of industrial explosives. The format of the registration document is specified in Appendix II attached to this Circular.

3. Testing and acceptance of new industrial explosives shall be carried out in accordance with the National Technical Regulation on Safety in Production, Testing, and Acceptance of Industrial Explosives QCVN 01:2012/BCT.

4. Industrial explosives must comply with labeling requirements under current laws. Organizations producing or importing must label the name of the industrial explosive according to Appendix I attached to this Circular and may also include the product's trade name.

5. Organizations producing, importing, and exporting industrial explosives materials serving oil and gas exploration and extraction shall implement standard declarations in accordance with the Law on Product Quality.

Article 4. List of explosive precursors used to produce industrial explosives

The list of explosive precursors used to produce industrial explosives is specified in Appendix III attached to this Circular.

Article 5. Licenses and certificates for managing and using industrial explosives and explosive precursors used to produce industrial explosives

1. Certificate of Eligibility for the Production of Industrial Explosives.

2. Certificate of eligibility to produce explosive precursors used to produce industrial explosives.

3. Business license for industrial explosives.

4. Business license for explosive precursors used to produce industrial explosives.

5. Export and import permit for industrial explosives.

6. Export and import permit for explosive precursors used to produce industrial explosives.

7. Permit to use industrial explosives.

8. Blasting service permit.

Article 6. Authority to issue permits and certificates for the management and use of industrial explosives and explosive precursors used for the production of industrial explosives

1. The Department of Industrial Safety and Environmental Protection shall issue, reissue, amend, and revoke:

a) Licenses and certificates as stipulated in Clause 1, 2, 3, and 8 of Article 5 of this Circular;

b) Permit for the use of industrial explosives for state-owned enterprises, enterprises holding controlling shares by the State Capital Management Committee, State Corporation for Investment and Business, or ministries and sectors acting as owners, oil and gas enterprises, foreign-invested enterprises, enterprises with mining licenses issued by the Ministry of Natural Resources and Environment, or training and scientific research organizations except those under the management of the Ministry of Defense.

2. The Chemicals Department shall issue, renew, reissue, amend, and revoke licenses as stipulated in Clause 4, 5, and 6 of Article 5 of this Circular.

3. Provincial Departments of Industry and Trade (Provincial Departments of Industry and Trade) shall issue, reissue, and revoke Permits for the Use of Industrial Explosives for organizations using industrial explosives within their jurisdiction, excluding organizations specified in point b, Clause 1 of Article 1 of this Circular and those under the management of the Ministry of Defense.

4. Sample of licenses and certificates as prescribed in Appendix IV attached to this Circular.

Chapter II

DATABASE ON INDUSTRIAL EXPLOSIVES,

EXPLOSIVE PRECURSORS USED FOR THE PRODUCTION OF INDUSTRIAL EXPLOSIVES

Article 7PRINCIPLES FOR CONSTRUCTION, UPDATING, MANAGEMENT, EXPLOITATION, AND USE OF THE DATABASE

1. The database on industrial explosives and explosive precursors used to produce industrial explosives (the Database) shall be established and managed by the Ministry of Industry and Trade.

2. Updating the Database must be carried out regularly, continuously, promptly, and effectively.

3. Exploitation and use of the Database must comply with legal regulations, ensuring national defense, security, state secrets, political stability, social order, and public safety.

4. Ensuring the rights of organizations and individuals to access, exploit, and use information in the Database in accordance with legal provisions.

Article 8. Construction of Technical Infrastructure for Database

1. Construction of the Database must ensure compatibility with the national information system architecture, the electronic government architecture of the Ministry of Industry and Trade, meet database standards and technical standards and economic-technical norms for information technology; compatibility, integration capability, information sharing, and data field expansion capacity in system design and application software.

2. The design of the Database structure must ensure expandability and development.

3. The technical infrastructure for the Database includes:

a) Digitalization and content creation systems;

b) Server systems (services, management);

c) Data backup and storage systems;

d) Information security and protection systems;

đ) Equipment systems serving access, exploitation, and updating of information;

e) Infrastructure software system.

Article 9. Management of the Database

1. The agency responsible for centralizing information for the Ministry of Industry and Trade shall organize the updating of information from ministries, sectors, and localities and bear responsibility for the content of the information updated into the Database.

2. Organizations assigned to build, manage, and operate component databases must verify the content of information provided by centralized information organizations in science and technology, other organizations, and individuals before updating it into the Database; they must update the information under their management and bear responsibility for the content of the information updated into the Database.

Article 10. Exploitation and Use of the Database

1. Organizations specified in Articles 20 and 21 of this Circular have the right to exploit and use the Database according to分级限制，如需继续翻译请告知。请注意，已按照您的要求进行逐句精准翻译，请问是否需要对剩余部分继续翻译？如需继续，请指示。

2. Every organization and individual has the right to access and use free of charge on the Database the following information:

a) Legal regulatory texts regarding industrial explosives and explosive precursors used for the production of industrial explosives;

b) Industrial explosives and explosive precursors used for the production of industrial explosives produced or imported by organizations listed in the List of industrial explosives permitted for production, business, and use in Vietnam, and the List of explosive precursors used for the production of industrial explosives;

c) Statistical data on industrial explosives and explosive precursors used for the production of industrial explosives;

d) Information related to accidents and incidents involving industrial explosives and explosive precursors used for the production of industrial explosives.

3. Organizations participating in collecting, processing, and updating information into the Database are granted access and exploitation rights according to their permissions; they have the right to extract data directly contributed by them to form separate datasets serving the needs of ministries, sectors, and localities.

Article 11. Maintenance and Development of the Database

Management agencies and organizations participating in building and operating the Database are responsible for arranging human resources, material infrastructure, and ensuring regular funding for maintaining and developing the Database.

Article 12. Operation, Maintenance, Monitoring, and Upgrading of Technical Infrastructure and Software of the Database

Activities related to the operation, maintenance, monitoring, and upgrading of the Database include the following contents:

1. Implementing measures to ensure safety and environmental protection at the electronic data center.

2. Implement backup measures to ensure system recovery capabilities in case of incidents. Backup data must be securely protected, regularly checked, and tested for system recovery from backup data to be ready for use when necessary.

3. Implementing maintenance, servicing, and repair measures to ensure continuous operation of the Database 24 hours a day.

4. Implementing monitoring activities to alert against actions causing database security breaches.

5. Regularly reviewing and proposing upgrade and development plans for the technical infrastructure and software of the Database to meet actual needs.

Article 13. Funding for Construction, Maintenance, and Development of the Database

1. Funding for construction, maintenance, and development of the database shall be ensured through state budget or mobilized from other sources of funding.

2. The funding for construction, maintenance, and development of the database includes:

a) Investment in physical and technical infrastructure to serve the construction, maintenance, and development of the database;

b) Ensuring the operation of the information research and training network system serving the database;

c) Collecting, processing, updating, and integrating information into the database;

d) Implementing activities to ensure safety, security, and information confidentiality.

Chapter III

RESPONSIBILITIES OF ORGANIZATIONS ENGAGED IN RESEARCH, PRODUCTION, DISTRIBUTION, TRANSPORTATION, STORAGE, USE AND DISPOSAL OF INDUSTRIAL EXPLOSIVES AND PRECURSOR CHEMICALS USED FOR THE PRODUCTION OF INDUSTRIAL EXPLOSIVES INDUSTRIAL EXPLOSIVES MATERIALS, PRECURSOR CHEMICALS USED FOR THE PRODUCTION OF INDUSTRIAL EXPLOSIVES MATERIALS

Article 14. General Responsibilities

1. Comply with regulations stipulated in the permit, certificate for management and use of industrial explosives and precursor chemicals used for the production of industrial explosives or approved by competent authorities.

2. Establish a safety and labor hygiene department in accordance with Article 36 of Decree No. 39/2016/NĐ-CP dated May 15, 2016 of the Government detailing certain provisions of the Labor Safety and Health Law. This department shall be directly managed and directed by leadership, and persons with appropriate qualifications and experience shall be assigned to take responsibility for technical safety work at each high-risk position or location.

3. Issue and post internal rules, regulations, procedures to ensure security, safety, fire prevention and firefighting, rescue operations, and environmental protection; display prohibitory signs, warning signs, and directional signs related to safety, fire prevention, and firefighting activities.

4. Maintain and store records and documents:

a) Organizations engaged in research, production, distribution, transportation, use, and disposal of industrial explosives must maintain and store records and documents for each type of industrial explosive produced, distributed, exported, imported, used, transported, stored, stockpiled, and disposed of for a period of ten years from the date of such activities.

b) Organizations engaged in research, production, distribution, transportation, and use of precursor chemicals used for the production of industrial explosives must maintain and store records and documents for each type of precursor chemical used for the production of industrial explosives produced, distributed, exported, imported, used, transported, stored, stockpiled, and disposed of for a period of five years from the date of such activities.

5. Organizations holding a Permit to Use Industrial Explosives or a Blasting Service Permit issued by the Department of Technical Safety and Environmental Protection Industry must notify in writing the People's Committee of the province or centrally-administered city where they are permitted to use industrial explosives at least ten days before using industrial explosives in accordance with Appendix X attached to this Circular.

1. Organizations engaged in research, production, distribution, transportation, storage, use, and disposal

1. Organizations engaged in research, production, distribution, transportation, storage, use, and disposal of industrial explosives must conduct risk assessment according to the content specified in Appendix V attached to this Circular.

2. Annually or upon any changes related to safety conditions, organizations involved in industrial explosives operations must review and update to assess safety risks.

Article 16. Blasting Plan and Blasting Passport

1. An organization using industrial explosives must establish a Blasting Plan in accordance with the contents prescribed in Appendix VI attached to this Circular and obtain approval from the leadership of the organization.

2. Based on the contents of the Blasting Plan, an organization using industrial explosives must establish a Blasting Passport according to the model prescribed in Appendix VII attached to this Circular for each blasting operation.

Article 17. Emergency Response Plan

1. Organizations engaged in research, production, distribution, transportation, storage, use, and disposal of industrial explosives must develop an emergency response plan according to the content specified in Appendix VIII attached to this Circular.

2. The emergency response plan must fully reflect all emergency situation handling measures based on the results of the risk assessment regarding safety as stipulated in Article 14 of this Circular.

3. Annually, organizations engaged in research, production, distribution, transportation, storage, use, and disposal of industrial explosives must conduct training exercises to handle emergency situations. The results of these exercises will be evaluated and recorded to improve the emergency response plan.

4. Annually or when there are changes related to emergency response work, organizations engaged in research, production, distribution, transportation, storage, use, and disposal of industrial explosives must review, update, and approve the Emergency Response Plan to align with current practices.

Article 18. Periodic Reports

1. Periodic reports in the activities involving industrial explosives

a) Organizations producing and distributing industrial explosives must report to the Ministry of Industry and Trade on the situation of production and distribution of industrial explosives before July 15 for semi-annual reports and before January 15 for annual reports in accordance with Model 1 of Appendix IX attached to this Circular;

b) Organizations using industrial explosives must report to the Department of Industry and Trade on the situation of use of industrial explosives before July 5 for semi-annual reports and before January 5 for annual reports in accordance with Model 2 of Appendix IX attached to this Circular;

c) Organizations producing, distributing, and using industrial explosives under the jurisdiction of the Ministry of National Defense must report in accordance with points a and b of Clause 1 of this Article and the agency responsible for managing industrial explosives by the Ministry of National Defense.

2. Periodic reports in the activities involving explosive precursors used to produce industrial explosives

a) Organizations producing and distributing precursor chemicals used for the production of industrial explosives must report to the Ministry of Industry and Trade on the situation of production and distribution of precursor chemicals used for the production of industrial explosives before July 15 for semi-annual reports and before January 15 for annual reports in accordance with Model 1 of Appendix IX attached to this Circular;

b) Organizations using precursor chemicals used for the production of industrial explosives must report to the Department of Industry and Trade on the situation of use of precursor chemicals used for the production of industrial explosives before July 5 for semi-annual reports and before January 5 for annual reports in accordance with Model 2 of Appendix IX attached to this Circular;

c) Organizations producing, distributing, and using precursor chemicals used for the production of industrial explosives under the jurisdiction of the Ministry of National Defense must report in accordance with points a and b of Clause 1 of this Article and the agency responsible for managing industrial explosives by the Ministry of National Defense.

Article 19. Special Reports

1. Organizations engaged in industrial explosive materials and precursor explosives used for producing industrial explosive materials shall submit emergency reports to the competent authority in the following cases:

a) Report to the Public Security Office of the district and the Department of Industry and Trade within 24 hours upon discovery of unauthorized entry into areas storing industrial explosives and precursor chemicals used for the production of industrial explosives, theft, loss, or accidents and incidents during the handling of industrial explosives and precursor chemicals used for the production of industrial explosives;

b) Report to the Department of Industry and Trade where the activity of industrial explosive materials takes place within 48 hours upon cessation of the activity of industrial explosive materials;

c) Implement reports as required by the competent authority.

2. Organizations engaged in the handling of industrial explosives and precursor chemicals used for the production of industrial explosives under the jurisdiction of the Ministry of National Defense must report in accordance with point a and b of Clause 1 of this Article and the agency responsible for managing industrial explosives by the Ministry of National Defense.

3. The content of emergency reports shall be in accordance with Model 4, Appendix IX issued together with this Circular.

Chapter IV

IMPLEMENTATION RESPONSIBILITY

Article 20. Responsibilities of Agencies under the Ministry of Industry and Trade

1. The Department of Industrial Safety and Environmental Technology

a) Take the lead and coordinate with relevant agencies and organizations to develop regulatory documents, standards, and technical regulations on industrial explosives materials and explosive precursors used for producing industrial explosives materials;

b) Take the lead and organize the implementation of inspections, audits, and handling of violations by organizations and individuals related to the activities of industrial explosives materials and production of explosive precursors used for producing industrial explosives materials according to the law;

c) Promote, disseminate, and guide the implementation of legal provisions in the activities of industrial explosive materials and precursor explosives used for producing industrial explosive materials;

d) Issue, reissue, amend, or revoke certificates and permits as stipulated in Clause 1, Article 6 of this Circular;

d) Summarize and report periodic and ad hoc reports on the activities of industrial explosives materials and explosive precursors used for producing industrial explosives materials from the Department of Industry and Trade and organizations producing and trading in industrial explosives materials and producing explosive precursors used for producing industrial explosives materials; periodically summarize the management work of industrial explosives materials and explosive precursors used for producing industrial explosives materials within the scope of their assigned functions and tasks; propose solutions to ensure safety;

e) Manage the quality of construction projects related to the production and storage of industrial explosives materials and explosive precursors used for producing industrial explosives materials according to the law on investment project management;

g) Take the lead and coordinate with relevant agencies and organizations to review, amend, and supplement the List of Industrial Explosive Materials and the List of Precursor Explosives Used for Producing Industrial Explosive Materials.

2. Chemicals Administration

a) Guide the implementation of regulations on the export and import of industrial explosive materials and precursor explosives used for producing industrial explosive materials as prescribed by law;

b) Issue, reissue, amend, or revoke permits as stipulated in Clause 2, Article 6 of this Circular;

c) Take the lead and organize the implementation of inspections, audits, and handling of violations by organizations and individuals related to the export, import of industrial explosives materials and explosive precursors used for producing industrial explosives materials and trading in explosive precursors used for producing industrial explosives materials according to the law;

d) Periodically summarize the management work and report on the export, import, and development of the industry of industrial explosives materials and explosive precursors used for producing industrial explosives materials according to the regulations;

đ) Take the lead and coordinate with relevant agencies and organizations to propose amendments and supplements to the List of Precursor Explosives Used for Producing Industrial Explosive Materials.

3. Science and Technology Department

a) Take the lead in developing standards and technical regulations on the quality of industrial explosives materials and explosive precursors used for producing industrial explosives materials; organize the management of research, trial production, and testing of industrial explosives materials and explosive precursors used for producing industrial explosives materials;

b) Receive registration of new industrial explosives materials to recognize the registration results and consider for inclusion in the List of Industrial Explosives Materials;

c) Receive, review, and submit to the Minister for approval research, development, and testing projects of industrial explosives materials conducted by scientific and technological organizations or organizations producing industrial explosives materials;

d) Take the lead and coordinate with relevant agencies and organizations to propose amendments and supplements to the List of Industrial Explosives Materials;

4. The Department of E-commerce and Digital Economy

a) Taking the lead and coordinating with relevant agencies and organizations in building, updating, managing, and exploiting the Database;

b) Maintain, monitor, and upgrade the technical infrastructure and software of the Database;

Article 21. Responsibilities of the Department of Industry and Trade

1. Take the lead and coordinate with relevant functional agencies at the local level to implement:

a) Develop and submit to the People's Committee of the province or centrally governed city for issuance of the Regulations on the Management of Industrial Explosives Materials and Explosive Precursors Used for Producing Industrial Explosives Materials on its territory according to the law;

b) Inspecting, supervising, and handling violations related to the use of industrial explosives and explosive precursors used for the production of industrial explosives within the jurisdiction according to the provisions of the law.

2. Issue, reissue, or revoke the Permit to Use Industrial Explosives Materials according to Clause 3, Article 6 of this Circular;

3. Promote, disseminate, and guide the implementation of legal provisions in the activities of industrial explosives materials and explosive precursors used for producing industrial explosives materials for organizations and individuals under its management;

4. Report to the Ministry of Industry and Trade, the People's Committee of the province or centrally governed city:

a) The situation of management and use of industrial explosives materials and explosive precursors used for producing industrial explosives materials in the province before July 15 for the six-month report, before January 15 for the annual report according to Model 3, Appendix IX issued together with this Circular;

b) When unauthorized intrusion into areas storing industrial explosives materials and explosive precursors used for producing industrial explosives materials, theft, loss, or accidents occur during the activities of industrial explosives materials and explosive precursors used for producing industrial explosives materials within 24 hours according to Model 5, Appendix IX issued together with this Circular;

5. Manage the quality of construction projects related to the storage of industrial explosives materials and explosive precursors used for producing industrial explosives materials according to the law on investment project management;

Article 22. Implementation Provisions

1. This Circular takes effect from July 1, 2018.

2. Repeal Circular No. 23/2009/TT-BCT dated August 11, 2009 of the Minister of Industry and Trade detailing certain provisions of Decree No. 39/2009/NĐ-CP dated April 23, 2009 of the Government on industrial explosives materials; Circular No. 26/2012/TT-BCT dated September 21, 2012 of the Minister of Industry and Trade amending and supplementing certain provisions of Circular No. 23/2009/TT-BCT dated August 11, 2009 of the Minister of Industry and Trade detailing certain provisions of Decree No. 39/2009/NĐ-CP dated April 23, 2009 of the Government on industrial explosives materials; Circular No. 45/2013/TT-BCT dated December 31, 2013 of the Minister of Industry and Trade stipulating the List of Industrial Explosives Materials permitted for production, trade, and use in Vietnam; Circular No. 61/2014/TT-BCT dated December 29, 2014 of the Minister of Industry and Trade guiding the implementation and specifying certain provisions of Decree No. 76/2014/NĐ-CP detailing certain provisions of the Ordinance amending and supplementing certain provisions of the Ordinance on the Management and Use of Weapons, Explosives Materials, and Auxiliary Tools;

3. During the implementation, if the regulatory documents referred to for application in this Circular are amended, supplemented, or replaced by new documents, they shall be applied according to the new documents;

4. Industrial explosives materials listed in the List of Industrial Explosives Materials permitted for production, trade, and use in Vietnam stipulated in Circular No. 45/2013/TT-BCT produced before the effective date of this Circular may continue to use the name of industrial explosives materials specified in Circular No. 45/2013/TT-BCT until the expiration date of the industrial explosives materials.

5. Any difficulties encountered during implementation should be reported to the Ministry of Industry and Trade for study and resolution./.